Each page yesterday took him just a little more than a minute, so this will take >30 mins.
Between that & the testimony readbacks, also expected to take >30 mins, there will likely be >1 hour this morning w/the jury in the courtroom, not actively deliberating.
Justice #Merchan says the #jurors also asked for headphones to use w/the evidence laptop. This suggests they may want to listen to the secret recordings #MichaelCohen made, or excerpts from his podcasts, or some other piece of evidence that includes audio.
Yesterday, Merchan noted that the laptop jurors are using to view the evidence is not equipped w/ Wi-Fi, & he just did it again, on the record, & had both parties acknowledge that they’d heard him.
Another witness —who had no connection to the falsification of business records— was #StormyDaniels, whose #HushMoney from Cohen is what was covered up. Susan Necheles, the defense lawyer w/the most trial experience on Trump's team, worked aggressively to sow doubts about Daniels’s story w/the jury.
Tues 29 May 2024 🧵
Good morning! It’s the last day of the #TrumpTrial before jury #deliberations.
Today Justice #Merchan will give #JuryInstructions. Then they will discuss the case among themselves for the first time; they have not been allowed to even discuss it w/each other as yet.
Closing arguments took place yesterday, & the lawyers will have no further opportunity to address the jurors before they determine whether #Trump is #guilty or not guilty of 34 felonies.
As usual, #Trump has been quite active on his social media. Since court ended last night, he falsely claimed that prosecutors had introduced new “lies” about him during their closing arguments (you cannot introduce anything NEW in summation) & described #MichaelCohen, w/o specifically naming him, as “the bum that got caught stealing from me.”
Jurors would also have to find that #Trump caused that false record w/ #intent to defraud — w/the goal of keeping it secret — & that he either intended to commit another crime or aid the commission of another #crime.
Justice Merchan doesn’t go into this much detail for every count, but explains which document each count pertains to.
There are 11 invoices from #MichaelCohen, 12 entries in the #TrumpOrganization’s general ledger & 11 checks, 9 of them signed by Trump.
Prosecution argued all of the records were related to reimbursements to #MichaelCohen for the #HushMoney. Defense argues they were for legal services, an argument #Trump has contradicted before in #legal filings & elsewhere.
#Merchan gets to the 34th count — a check dated Dec. 5, 2017. He repeats the definition of falsifying business records, giving jurors a chance to process the complex charges, where each single count includes within it at least 2 other potential crimes.
Judge #Merchan says jury has a note w/ 4 requests. They just rang the courtroom.
3 of the requests relate to testimony from David #Pecker, the former publisher of The #NationalEnquirer, who prosecutors say was part of the #conspiracy to suppress negative news on #Trump’s behalf during the 2016 election. The other request relates to #MichaelCohen’s testimony.
Justice #Merchan is back on the bench. He asks the attys, “Where do we stand?”
Prosecutor #Steinglass says that while they have “made a lot of progress,” they need his help to sort out which portions of the #transcript should be read back to the #jury.
Jurors asked for 4 portions — 3 from #Pecker’s testimony & 1 from #MichaelCohen.
Defense & prosecution aren’t agreeing on Pecker's #TrumpTowerMeeting testimony.
Yes, this just happened, court is still very much in session. Only the jury was dismissed.
There’s agreement on the jurors’ 1st, 2nd & 4th requests.
1st was #Pecker’s testimony about a call he had w/ #Trump in June 2016.
2nd was Pecker’s testimony on financial arrangements for #KarenMcDougal’s #HushMoney.
4th was #MichaelCohen’s testimony on the Aug 2015 #TrumpTowerMeeting w/ Pecker & Trump.
The only portion that is disputed involves Pecker's testimony about the same meeting.
Prosecutors believe the readback should include the part of Pecker’s #testimony about directing #DylanHoward to notify other employees of The #NationalEnquirer they should bring any stories about #Trump to him. #Pecker also testified that he told Howard that the Enquirer employees would have to speak to #MichaelCohen about the arrangement.
Justice Merchan notes that in the same section Pecker testified he told Howard to keep it secret — goes to #intent to #defraud.
#Trump faces 34 felony counts of falsifying business records in connection w/a #HushMoney payment made to a porn star to influence the 2016 election. The case could be in the jury’s hands as early as Wed.
#Steinglass revisits the passages of #Trump’s books which were read to the jury during the trial. Trump described himself as a frugal micromanager who advised always looking at & questioning invoices.
In one excerpt, Trump said that while decorators are generally good people, you should be very careful checking their invoices. “If Donald Trump is checking the invoices for his decorator, you can bet that he’s checking the invoices for #MichaelCohen,” Steinglass says.
#Steinglass is now in hour 5 of his closing (including breaks).
Steinglass is telling the prosecution’s theory w/a strong narrative. Blanche’s didn’t; his version was, everyone’s a liar & out to get #Trump.
Steinglass reviews evidence from spring 2018, when #MichaelCohen was under investigation & beginning to question his loyalty to Trump. He argues that, whatever jurors think of Cohen, “he was the defendant’s fixer, & like all fixers, he knew where the bodies were buried.”
Prosecutors have argued that a lawyer named #RobertCostello was dispatched to keep #MichaelCohen loyal. Costello was the only substantive witness called by the defense, & his appearance was nutso 🦇💩
#Steinglass moves to #MichaelCohen’s guilty plea to federal crimes. When #Hoffinger questioned Cohen about the pleas, she asked if he’d committed #crimes at Trump’s behest. Cohen said that he had.
Steinglass reads portions of that testimony aloud, before pivoting to #Trump’s tweets blasting Cohen right after he pleaded guilty.
Steinglass argues the tweets were a message to other witnesses. “Cooperate, & you will face the wrath of Donald Trump.”
#Steinglass, who had stuck to a chronological timeline, goes back to 2016 to connect #Trump to each element that prosecutors say is a #crime. He argues that David #Pecker corroborated the idea that #MichaelCohen had kept Trump up to date on the #HushMoney payments at every step. Cohen, Steinglass says, “is not some rogue actor here.”
Steinglass talks about the infamous tape of Trump & Micahel Cohen discussing the payment to #KarenMcDougal.
He reviews the evidence from that month that corroborates Cohen’s testimony, including his calls w/Trump.
Steinglass rhetorically asks, “Is this timing just all a coincidence, every single one of these things?” Then says, “Mr. Trump is being kept abreast of every development.”
#Steinglass highlights other key testimony, including #HopeHicks's remarks that it would have been “out of character” for #MichaelCohen to have made that payment out of the kindness of his heart — meaning, without approval from #Trump.
Steinglass is linking Trump to each & every action that prosecutors say led to the #crime, the falsification of 34 business records related to the #HushMoney payment to #StormyDaniels.
#Steinglass makes a specific argument — that #MichaelCohen wasn’t just freelancing, as the #Trump lawyers have suggested repeatedly trying to distance Trump from the events in the case. It’s a microcosm of scenarios we’ve seen over & over w/Trump for decades. #SEC investigators are told that staffers made mistakes, or reporters are told Trump was never really involved in specific controversies & aides actually had.
#Steinglass says that #MichaelCohen just wanted to be reimbursed & had no reason to push for creating false business records. “The defendant was the beneficiary of this entire scheme,” Steinglass says. “He was the one trying to get elected.”