"In comes Trump's entourage, with his legal adviser Boris Epshteyn, who’s been indicted in the Arizona fake electors case, doing seating assignments. Sebastian Gorka, Trump’s former White House adviser, walks in with a silver case bearing what appears to be a presidential seal." -Maggie Haberman, NYT
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
Defense tried to muddy that story on cross -examination of Cohen. But by calling Costello, they have given prosecutors opportunity to reinforce the story, & emails shown yesterday & this morning suggest that they have ample evidence to support.
#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.
After defense’s cross-examination, it’s notable how streamlined prosecution's argument is. #Hoffinger asks #MichaelCohen about his 2018 statement that he was not reimbursed for the #HushMoney by the #TrumpCampaign. Cohen says it was misleading because he was paid by #Trump himself.
After a long sidebar, the judge gives what’s called a “limiting instruction” about some of Cohen’s testimony that “the payment in question does not constitute a campaign contribution.”
#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 returns to what prosecutors say are #crimes. She asks if the $420k that #MichaelCohen received in 2017 — the reimbursement for the #HushMoney, additional money to cover taxes, a reimbursement for the payment to the tech company, RedFinch, & a bonus — had anything to do w/ #legal services.
Cohen: “No.”
Hoffinger emphasizes that the financial documents connected to the payments were false, because they said the payments were in exchange for legal services.
#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.
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.
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)
The judge tells the jurors that we will stop for the day, & begins to excuse them.
Susan #Hoffinger asks that #RobertCostello be reminded that he is not meant to interact w/either party while still on the stand. But Justice #Merchan says he doesn’t normally give that instruction & allows Costello to step down. Hoffinger says she has ~45 mins of questions left for Costello.
Justice Merchan asks whether #Blanche wants him to rip the case away from the #jury & decide it himself. Blanche agrees that this is what the defense wants (not bloody likely — #Trump has repeatedly claimed Merchan is out to get him).
“You said that his lies were irrefutable but you think he’s going to fool 12 New Yorkers into believing this lie?” #Merchan says referring to #MichaelCohen.