@Nonilex@masto.ai
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Nonilex

@Nonilex@masto.ai

… paring down time on social media … ?? Fully migrated to mastodon now that the bird self destructed. Though if you want to view my old posts, same username.

#BabySquirrel

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GottaLaff, to legal
@GottaLaff@mastodon.social avatar

#TrumpTrial 🧵starts HERE. #Trump #legal

Plz remember to use NFL (Not For Laffy, no hashtag) so I can ignore those replies while live-posting. TY!

1/...Tyler McBrien:

Trey Gowdy again...

Per Trump's campaign, this is today's Greek chrous: Don Trump, Jr., Matt Whitaker, Pam Bondi, Sen. Eric Schmitt, Rep. Daniel Webster, Rep. Dan Meuser, Rep. Ronny Jackson, Rep. Troy Nehls, Rep. Dale Strong, Rep. Maria Salazar, Sebastian Gorka, Chuck Zito, Joe Piscopo, Bill White

Nonilex,
@Nonilex@masto.ai avatar

🥰 Thanks @GottaLaff !

Nonilex, to Law
@Nonilex@masto.ai avatar

#TrumpTrial 🧵 Tues 21 May 2024

Testimony may conclude today in Trump’s #criminal NY #ElectionInterference trial, after 5 weeks & 22 witnesses.

Yesterday the jury was introduced to #RobertCostello, a #Giuliani associate & #lawyer who acted as a “back-channel” for #MichaelCohen to #Trump in the summer of 2018.

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

#law

Nonilex,
@Nonilex@masto.ai avatar

’s final question is an accusation: whether ’s testimony to Congress was meant to as he testified in this trial. Costello asked her to repeat the question & then denied the accusation. “No,” he said. “Ridiculous.”

atty , is on redirect. Costello testifies that Cohen said in April 2018 that he would be “eternally grateful” for the help & guidance that Costello had given him in those difficult days.

Nonilex,
@Nonilex@masto.ai avatar

Per a pool report, 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.”

Nonilex,
@Nonilex@masto.ai avatar

, in his questioning, tries to reargue that was not concerned about having failed but rather not being hired, & paid, by .

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 & presumably, Trump. [yeah, and?]

Nonilex,
@Nonilex@masto.ai avatar

There are objections, & lawyers confer w/Justice who made clear he does not want this testimony by to turn into a “trial within a trial,” aimed at attacking a witness — .

After the sidebar, Costello says he was giving Cohen “options” & waiting for his “instructions”

: “Did you ever pressure Michael Cohen to do anything?”

Costello: “I did not”

Bove: “Did you ever have control over Michael Cohen?”

Costello: “Clearly not”

Nonilex,
@Nonilex@masto.ai avatar

#Bove continues to ask about #RobertCostello’s meetings w/ #MichaelCohen. Prosecutors have objected a few times, & Justice #Merchan has sustained the objections.

Costello hits on a point that defense lawyers has sought to emphasize: that he was motivated by money.

After one of Costello’s answers is stricken, Costello shakes his head. Merchan wasn’t looking.

Bove’s re-direct ends w/an objection sustained.

“Nothing further,” says Bove.

#criminal #law #Trump #TrumpTrial #MobTactics

Nonilex,
@Nonilex@masto.ai avatar

The defense rests, Todd #Blanche says.

#Testimony in the first #criminal trial of Donald J. Trump has concluded.

. #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #MobTactics #GagOrder #StochasticTerrorism #StormyDaniels #KarenMcDougal #NodFarter

Nonilex,
@Nonilex@masto.ai avatar

#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.

#criminal #law #Trump #TrumpTrial #MobTactics

Nonilex,
@Nonilex@masto.ai avatar

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.

#criminal #law #Trump #TrumpTrial #MobTactics

Nonilex,
@Nonilex@masto.ai avatar

With defense resting their case, we now know definitively that #Trump did not #testify in his own #defense of 34 #criminal charges.

As he exited the courtroom, & raised his hand in a fist, Trump did not answer reporters’ questions about why he had not testified in the trial.

#law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney #MobTactics #GagOrder #StochasticTerrorism #StormyDaniels #KarenMcDougal #NodFarter

Nonilex,
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Tues afternoon, the will go into some dry legalities, as prosecutors & defense present to Justice how they want the court to instruct the as they deliberate.

The 2 sides will lay out their arguments for as it prepares to weigh the charges against — 34 counts of falsifying business records.

instructions are meant to translate doctrine into intelligible language for the 12 laypeople who will decide the case.

Nonilex,
@Nonilex@masto.ai avatar

give jurors guidance for applying the to they ascertained from , docs & other .

Each side filed drafts of their proposals w/the court.

Arguments before Justice occur w/o the jury.

Acc/to the NYT, Prosecutors’ instructions will ask the judge to give the jury “unusual flexibility” in determining whether was actively involved in the false record scheme.

Nonilex,
@Nonilex@masto.ai avatar

Prosecutors will argue that even if didn’t personally create the records, the can find him responsible if the creation of the false records was “a reasonably foreseeable consequence of his conduct.”
this is NY []

Defense’s proposal is reportedly less focused, much like their witness questioning & opening statement.

Nonilex,
@Nonilex@masto.ai avatar

The afternoon session is beginning.

is back w/his posse, including ; , the fmr ldr; & the actor .

Justice asks the defense to argue on behalf of one of its many requests: to add the word “willfully” in 2 places to the on a federal which isn’t charged.

Nonilex,
@Nonilex@masto.ai avatar

Defense proposes on campaign finance law “” (federal election campaign act) must include the word "willfully" to specify a violation.

The 34 falsifying business records charges against are charges bc prosecutors say he used the false records to try to conceal a 2nd .

That 2nd crime, prosecutors specified, is a violation of a state that forbids a person from seeking election by “unlawful means.”

Nonilex,
@Nonilex@masto.ai avatar

Defense & prosecution debate what types of apply. Defense asks for additions that to make it clear only should count, while prosecution suggests violations should apply, too.

rejects defense’s request to tell jurors that candidates weren’t limited in 2015 & 2016 — before 's election —— from contributing funds to their own campaigns. Prosecution called it misleading & Merchan determined it was unnecessary to explain it to the jury.

Nonilex,
@Nonilex@masto.ai avatar

Judge says he’ll allow the defense to argue the issue on limits to individual’s contributions to their own campaign during their summation, but he won’t include it in his instructions.

Merchan reserves his final decision on the argument over the word “willfully.”

Defense argues the instructions should include the phrase “for the purpose of influencing an election” but that it should specify it’s in reference to spending related to the election.

Nonilex,
@Nonilex@masto.ai avatar

Prosecution says that the jury needs less, not more, & that the phrase “for the purpose of influencing an election” is straightforward.

Judge proposes this sentence:

“If the payment would have been made even in the absence of the candidacy, the payment should not be treated as a contribution.”

Nonilex,
@Nonilex@masto.ai avatar

atty agrees the sentence is an accurate recitation of the “irrespective rule” (found in ’s § on personal use) but defense wants examples included for the jury from the ’s prior application of the rule.


https://www.fec.gov/help-candidates-and-committees/making-disbursements/personal-use/

Nonilex,
@Nonilex@masto.ai avatar

After arguing for 5 mins, a word in the is now plural — “crime” is now “crimes”

Defense & prosecution debate if the instructions should be available to the & .

( is asleep — )

Justice jokes they’ll next address “the most challenging issue” — how to pronounce a word.

He spelled out “eleemosynary,” which means having to do w/charity.

“Why do we even have it?” Merchan asked. The lawyers don’t know, & it’s removed.

Nonilex,
@Nonilex@masto.ai avatar

There’s a long back & forth about prosecutors’ proposal that the include language suggesting it was “reasonably forseeable” that false records would be created as a result of ’s conduct.

Justice says that he’s inclined NOT to include it.
— that is not good, it’s specific to .

But he reserves judgment for now, as he did on “willfully.”

Nonilex,
@Nonilex@masto.ai avatar

Justice Merchan hears arguments re the expanded .
He indicates agreement w/the defense on causing false entries when those false entries are “reasonably foreseeable” to the defendant based on his conduct.

This is related to “ to commit or conceal another ” — the 2nd crime issue.

Prosecutor argues case supports the prosecution.

atty Bove says the DA’s theory is = to "causing the causer."
(Seriously, no idea wtf he means)

Nonilex,
@Nonilex@masto.ai avatar

Prosecutor argues that “acting in concert w/someone” is separate from the concept of “cause” & is not redundant.

(That actually helps, so maybe it should be in the , right?)

Defense may lose a key argument:
They wanted jurors to be told that they HAD TO find had some to enter the w/ David ( ) & .

Nonilex,
@Nonilex@masto.ai avatar

Justice Merchan points out that the charges of falsifying business records faces includes an to conceal another . The doesn't require prosecutors to show that Trump intended to orchestrate a , but rather that by falsifying business records, he intended to hide said conspiracy.

says he will leave that instruction as is – a win for prosecutors.

Nonilex,
@Nonilex@masto.ai avatar

Prosecution & defense argue whether the evidence at trial supported the idea that did enter a conspiracy w/ & in 2015 to suppress negative stories during his presidential campaign.
(isn’t that for the jury to decide?)

Defense suggests that there was nothing about “participating” in that meeting, & that meeting w/ The was simply “standard operating procedure” for campaigning. (Um, no)

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