#Trump has a huge posse today, including #KashPatel; #GerryKassar, a #conservative party leader in NY; #BernieKerik, fmr NYPD commissioner who was imprisoned for tax fraud & false statements; #AlanDershowitz, lawyer who defended Trump during his first impeachment, & #BorisEpshteyn, legal adviser who was #indicted in AZ for attempts to keep Trump in power after the 2020 election.
#Blanche is implying that a conviction would benefit #MichaelCohen because it would provide a neat ending to his story of revenge. But Cohen’s answer is more about the anti-Trump content industry. Cohen said it would actually be “better,” from a content-generating perspective, if #Trump didn't get convicted. “It gives me more to talk about in the future,” he said.
#MichaelCohen testifies that #Trump approved his false 2018 statement about whether or not Cohen decided to pay #StormyDaniels of his own volition. As a bonus, Susan #Hoffinger, the prosecutor, has Cohen confirm that one of Trump’s lawyers at the time was aware of the statement & texted him to tell him that Trump was grateful for all he did.
#Hoffinger goes back to how #MichaelCohen was treated by the #Trump team. A complicating factor w/both Cohen & #StormyDaniels is they have multiple motives, & prosecutors have been telling the cleanest versions of their stories which makes it easy for the defense to pick at. However, the Trump team is essentially asking the #jury to believe everyone around Trump was acting shadily except for the shadiest of all – Trump.
#MichaelCohen has suggested several times that he committed #crimes in connection w/ the #StormyDaniels payoff. This is helpful for the prosecution, as they seek to prove to #jurors that #Trump caused the falsification of business records to conceal a 2nd #crime.
IMPORTANTLY That crime doesn’t need to have been committed by Trump — Cohen’s crimes are equally applicable.
“Are you actually on trial here in this case?” #Hoffinger asks #MichaelCohen. “No,” he says. Through her questions, Hoffinger makes an obvious point — that the defense sought to make Cohen look like a #criminal. But ultimately, the jurors aren’t here to judge Cohen’s criminality. They are here to judge #Trump.
#MichaelCohen again testifies that the documents were false.
Cohen explains why he didn’t sign a retainer agreement or agree to pay #RobertCostello:
“I didn’t trust him,” he says, explaining that he thought everything he said to Costello would immediately make its way back to #Trump.
Cohen testifies that he signed a waiver in 2019 to talk to the #SDNY about Costello, & he is shown the waiver.
To an extent, the waiver corroborates #MichaelCohen’s story that he never hired #RobertCostello as a lawyer, though he did speak to him for a long time.
#Trump's lawyers, #Blanche & #Bove, are sitting on either side of him. When they want to talk to each other, they pass notes behind him or they both lean back & talk face to face, behind his back - possibly in order to not wake him up.
In response to prosecution’s photographic #evidence, #Blanche argues that the defense never said or implied that #KeithSchiller & #Trump were not together that evening.
I’m guessing #Merchan allows the evidence, defense opened introduced the idea, prosecution should be allowed to rebut.
Acc/to the transcript, #Trump defense lawyers earlier today, told Judge #Merchan that they were considering calling 3 witnesses: #RobertCostello, the lawyer go-between for Trump & #MichaelCohen; Bradley Smith, an expert in #ElectionLaw; & a paralegal, to put in a piece of evidence. Todd #Blanche told the judge that Costello’s potential appearance would depend on how the morning’s testimony went.
Justice #Merchan returns from lunch w/a ruling on the evidentiary issue raised before the break, involving stills from a video that show #Trump w/ his bodyguard #KeithSchiller on the evening of 24 Oct 2016.
Defense sought to cast doubt on #MichaelCohen’s account of talking to Trump on Schiller’s phone that day.
Merchan says he will NOT allow in video stills that show Schiller w/Trump.
#Steinglass is obviously frustrated w/Justice #Merchan’s ruling, saying he doesn’t understand why they have to jump through so many hoops just to show that #KeithSchiller & #Trump were together that night. He asks to bring the #CSPAN witness in again. Merchan asks Trump atty #Blanche if he objects to the prosecutors bringing in the CSPAN witness after the defense rests. Blanche does protest.
Justice #Merchan suggests adjourning until tomorrow so prosecution can bring the #CSPAN witness back on video stills #evidence.
Defense: "That's not the way a trial is supposed to work..."
Prosecution says CSPAN will make the witness — #RobertBrowning, who is executive director of archives at the network — available to testify at 9:30 AM tomorrow.
#Blanche objects to the decision by the judge that will interrupt his cross-examination of #MichaelCohen. #Steinglass says that the witness will be very quick.
Justice #Merchan points out that the #TrumpTrial has already been delayed, given that closing statements will be next week. He gives Blanche the option to decide when the witness can appear.
Prosecutor #Steinglass says that “we may be able to short circuit” this process after all. Instead, the prosecution & the defense will agree to allow the exhibit in.
This is the 2nd time in this #TrumpTrial that the defense, under pressure, agreed to let in #evidence, possibly bc they realize that a whole witness appearing just to allow the exhibit in could draw more attention to it.
Prosecutors play the recording of #MichaelCohen talking to #KeithDavidson, who was #StormyDaniels's lawyer, but are playing more of it than before. It corroborates much of what Cohen’s testimony about the #HushMoney payment, including that he cared about #Trump & that he would not “play pennywise, pound foolish” w/his then-boss.
#Blanche, who now has to contend w/the visual #evidence of #Trump w/his bodyguard, #KeithSchiller, on 24 Oct 2016, tries to address it directly. He asks Cohen to again confirm that he told Trump that day that he had arranged to pay #StormyDaniels the #HushMoney.
Cohen says once more that he spoke to both Schiller & Trump.
#Blanche suggests that the famously frugal #Trump would have been unlikely to overpay anyone — again harping on the disparity between the $130k that #MichaelCohen paid #StormyDaniels & the $420k that Cohen was repaid. “Did he happily write checks to lawyers, for example?” Blanche asks.
#Blanche concludes his re-cross-examination by asking #MichaelCohen if, in the 11 yrs he worked for #Trump, he ever recalled his boss having willingly overpayed for something. Cohen started by answering no, this was the first time — but then, he seemed to answer a different question, saying it was the first time he recalled Trump paying for a #NDA. Which wasn’t the question asked — confusing.
He recently testified before the #House#Judiciary Cmte, where he assailed Cohen’s credibility.
Costello also testified before the #GrandJury last year, in a last-ditch plea to the panel to not accept Cohen’s word. Which obviously didn’t work since the grand jury #indicted#Trump.
#RobertCostello wasn’t a potential witness in this #TrumpTrial until recently. Prosecutors are objecting to the scope of the questions the defense lawyers want to ask him about #MichaelCohen’s credibility.
Justice #Merchan sounds frustrated that this wasn’t worked out beforehand, which falls on the defense, not the prosecutors.