After five weeks of sometimes graphic testimony, defense lawyers have today been making their final pitches to the jury. Trump is accused of falsifying business records to cover up a payment to a pornstar in the run-up to his presidential campaign back in 2016. Jessica Le Masurier reports from New York. #Trump#trial#StormyDaniels
#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.
#Blanche, #Trump’s atty begins by thanking jurors then reminds them of that in the court system, they decide the facts “not the prosecution… not the judge.”
Blanche says that his client is innocent, that the prosecution hasn’t met its burden of proof & that the evidence presented “should leave you wanting more.”
He says the case “is about documents. It’s a paper case.” It is not, he says, about an encounter w/ #StormyDaniels, noting that the defendant has denied it occurred.
Todd #Blanche argues that the documents weren’t false because #MichaelCohen really was doing #legal work for #Trump in 2017. He’s casting aspersions on the government’s theory of Cohen being repaid for his payment to #StormyDaniels, saying that if that were so, Cohen would have been doing unremunerated legal work.
Blanche’s voice rises as he again insists Cohen lied in his description of the work he was doing for Trump.
Blanche lays the groundwork for his most important attack on Cohen, saying he is the only witness who testified that Trump knew everything about the hush-money payment to Stormy Daniels.
#Blanche argues that if #StormyDaniels's allegations were so scary to the #Trump campaign, why didn’t it swing into action in April 2016, when a woman working w/ Daniels got in touch w/The #NationalEnquirer's parent company?
After the break, #Blanche says that he has ~½ hr left of his closing argument. Judge Merchan says the jurors have agreed to stay late if needed, meaning closing arguments may end today.
Blanche discusses statements by #StormyDaniels that she testified she was coerced into making. This doesn’t seem to have much to do w/the case but is the kind of client-pleasing shit we’ve seen from #Trump attys.
#Blanche 2X notes that #StormyDaniels denied having sex w/Trump.
While this is technically true —she did put out a statement denying they had an AFFAIR in early 2018— she subsequently provided her account of the sexual encounter to “60 Minutes,” in a book, in a documentary & in this trial, on the stand, where she testified under oath.
#Trump has repeatedly denied the sex occurred, but has never done so under oath.
#Blanche, draws on a 2018 recording in which #StormyDaniels's lawyer at the time said that his client had “settler’s remorse” for having agreed not to tell her story. Blanche claims that Daniels changed not because she decided to tell the #truth, but because she wanted to make #money.
Blanche introduces what he calls a “separate conspiracy” between Daniels, #GinaRodriguez, her manager at the time, & #DylanHoward, who was the editor of The #NationalEnquirer.
Blanche alternate theory re #StormyDaniels's motive is that Dylan Howard, editor of The #NationalEnquirer, & Gina Rodriguez, Daniels’s manager, seized an opportunity in Oct 2016 to make $ from Daniels’s story.
Problematically, his alt version doesn’t address the falsified documents on which there were weeks of testimony from Pecker, #MichaelCohen & others.
#Blanche argues #StormyDaniels was called to testify in order to inflame the jurors’ emotions & to embarrass #Trump. Prosecutors object, but Justice #Merchan allows it.
Blanche seizes on testimony from #MichaelCohen, who told Daniels's lawyer in a recorded call in Oct 2017 —before Trump turned against him— that he cared about his boss & he wasn’t going to play “penny wise, pound foolish” & betray him. Cohen then says “I’m sitting there & I’m saying to myself, ‘What about me?’”
↑This goes directly at 1 of the 10 reasons for reasonable doubt that #Blanche kinda listed at the end of his closing. Blanche questioned whether the #evidence was handled properly.
Next, #Steinglass says that one of the defense’s narratives is “this notion that #StormyDaniels is trying to extort the defendant … threatened to go public unless she was paid off. But that's just not reality.”
#Steinglass addresses #StormyDaniels’s testimony, saying that while she does not like Trump — & wants to see him convicted — her testimony about her sexual encounter w/him was credible, w/details that had the ring of truth.
He says, the encounter itself was important, because if the jury finds Daniels's testimony credible, it explains why #Trump would have sought to buy her silence.
“If her testimony was so irrelevant, why did they work so hard to try to discredit her?” #Steinglass asks, adding, “#StormyDaniels is the motive.”
Steinglass reminds the jury of the many ways defense worked to discredit Daniels.
Steinglass moves on to #MichaelCohen. He agrees that Cohen wants #Trump convicted, but says that Cohen is “understandably angry that to date, he’s the only one who’s paid the price for his role in this #conspiracy.”
#Steinglass tells jurors #Trump would not have paid a lot of money to #StormyDaniels just because someone had a photo of them on a golf course.
Steinglass says anyone in #MichaelCohen’s shoes would want the defendant to be held accountable”
“Mr. Trump decided, like he often does, 'I’m not going to pay this bill,'” Steinglass said, of the payment to the tech firm for which Cohen was eventually overpaid when he was reimbursed in 2017.
“During the exact same month that the defendant was desperately trying to sell the distinction between words & actions, he was negotiating to muzzle a porn star who was preparing to go public,” Steinglass says.
“#StormyDaniels was a walking, talking reminder that Trump was not just words" at a time when Trump was trying to distinguish between his words & both Clintons’ actions, #Steinglass said.
“There’s this crazy flurry of phone activity among the co-conspirators here,” Steinglass points out, & then rattles off the proper names — Michael Cohen to David Pecker, Pecker to Cohen, Cohen to Keith Davidson — to illustrate just how much phone activity there was over just 30 mins.
“This is damning, right?” #Steinglass says, using conversational language as he highlights the records.
He argues that Cohen was getting the final sign-off from Trump before he initiated the sequence of financial transactions that would conclude w/him wiring $130k.
“As part of this process, yet another false business record is created,” #Steinglass says, leaving a trail of potential #UnlawfulMeans that jurors could draw on during deliberations as they seek to determine whether #Trump unlawfully influenced his election victory.
On 27 Oct 2016, the money was sent, & on 28 Oct, just 11 days before the #election, #StormyDaniels signed the NDA.
#Steinglass lands his argument by saying that while the sex between #StormyDaniels & #Trump took place in 2006, the payoff wasn’t until 2016 because his concern was NOT his family, as his lawyers have suggested, but the #election.
Though many of Trump’s family members have been staring at their phones throughout this summation, all of them looked up when Steinglass said that.
#Steinglass:
“And then, on Nov 8, the defendant was elected president.”
He notes that some of the conspiracy’s characters were aware of their roles in #Trump's election. “What have we done?” #StormyDaniels’s atty texted the #NationalEnquirer editor.
Steinglass: “we’ll never know if this effort to hoodwink the American voter” made the difference in 2016. But prosecutors don’t have to prove that it did — they just have to show that Trump was a part of a #conspiracy to aid his victory.
#Steinglass acknowledges that nearly every relevant piece of evidence in the trial suggests that #Trump would be reluctant to overpay for anything. But, Steinglass says, “it was worth it” to the newly elected president. “It was worth it to hide the truth about what this money was really for.”
Also you gotta think the #MichaelCohen extra costs were factored into the agreed upon figure to #StormyDaniels.
Steinglass shows Trump’s filing w/the federal government’s Office of Government #Ethics in May 2018 that revealed #Trump had made a payment to #MichaelCohen. The filing came days after #RudyGiuliani said on #FoxNews that Trump had reimbursed Cohen for the #StormyDaniels payment.
“No detail is too small to consider” &, after talking about his preference for personally signing checks “When you sign a check yourself, you’re seeing what’s really going on inside your business.”
Steinglass points jurors to testimony from #HopeHicks, in which Hicks said that Trump had expressed it “would have been bad” to have the #StormyDaniels story come out before the election.