Yesterday, Costello behaved so atrociously on the witness stand that Juan Merchan cleared the courtroom to admonish him & the defense attorneys. Costello is due back on the stand
#RobertCostello wrote to #MichaelCohen that there had been positive comments about him from the White House & that he had “friends in high places.” Hoffinger gets Costello to say it “definitely referred to President Trump.” 👀
The emails corroborate prosecutors’ story, suggesting that Costello was manipulating Cohen at the direction of #RudyGiuliani & #Trump, while misleading Cohen so that he would not understand what was happening.
#RobertCostello seems to be more of a witness for the prosecution — albeit a hostile one —than the defense. The emails couldn’t possibly be viewed in any way other than how prosecutors want jurors to view them: They show Costello misleading #MichaelCohen, saying something to him directly & another thing behind his back.
#RobertCostello has just denied that, once he began to believe that #MichaelCohen was in turn misleading him, he was angry or upset. He was, he says, “informed.”
Another email from Costello to his law partner shows that in fact, Costello was very angry at Cohen, contradicting his previous answer.
“What should I say to this asshole?” Costello asked his partner. “He is playing with the most powerful man on the planet.”
#RobertCostello answers “no” when asked if he has animosity toward #MichaelCohen 😂. #Hoffinger points out that Costello went to Washington last week to testify before Congress about Cohen, & made aggressive comments about him. Costello says he didn’t know his comments would be reported in the press [seriously?].
Per a pool report, #Trump confirmed that the defense will be resting today, as expected, in remarks outside the courtroom in the hallway. “We’ll be resting pretty quickly,” he said. “Resting meaning resting the case. I won’t be resting. I don’t rest. I’d like to rest sometimes but I don’t get to rest.” #NodFarter
#Bove, in his questioning, tries to reargue that #RobertCostello was not concerned about having failed #Trump but rather not being hired, & paid, by #MichaelCohen.
Bove makes it clear that Cohen, in 2018, used the back channel to Trump that he had been provided by Costello, communicating through the lawyer to #RudyGiuliani & presumably, Trump. [yeah, and?]
#Hoffinger, in a brief, final series of questions & answers, again confirms that #RobertCostello was never officially hired as #MichaelCohen’s lawyer. Costello steps down from the witness stand.
Justice #Merchan turns to the #jury & explains the upcoming schedule. Closing arguments will take a day & his instructions to them afterward will take at least an hour.
Court will be adjourned, for jurors, until a week from today.
The judge reminds #jurors that they should not discuss the case or read the news about the trial in the meantime.
Court is adjourned until the afternoon when it’s expected that prosecutors & defense lawyers will srgue for their preferred versions of the #JuryInstructions during a “charging conference”.
Justice #Merchan may also rule on the defense lawyers' latest attempt to #dismiss the case, which they made in a motion yesterday.
Justice #Merchan asks the defense to argue on behalf of one of its many requests: to add the word “willfully” in 2 places to the #JuryInstructions on a federal #ElectionLaw which isn’t charged.
#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.
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.
#ChuckZito, helped found in the early 1980s the NY Nomads chapter of the #HellsAngels, the infamous club that started in California. The #DOJ described the org as a #criminal enterprise & linked the NY chapter to the #Gambino#crime family. Zito later left the biker group to try become a movie star in Hollywood.
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.
Hoffinger gets under Costello’s skin quickly. “The email speaks for itself,” he keeps saying when asked about an email exchange between his law partner & Cohen.
Costello is now scolding Hoffinger for getting his past title wrong. (This guy is a shit show)
#Hoffinger shows #RobertCostello an email he sent to his own son. The email says “I will be on the team,” & it quotes #MichaelCohen as saying that he would be “eternally grateful” to have him.
Costello told his son that he did not know when the announcement would be made. His son responded: "Wow. That’s big news. Congrats Dad. I hope this leads to a lot of good things coming your way.”