PBP: P01135809 Trump Espionage, Coup, Conspiracy, Racketeering, Fraud & Obstruction Trial Thread

Pregame today:

Justice Juan Merchan just said this trial will go into next week. Testimony will wrap up this week, and closing arguments will be held after the long weekend break for Memorial Day. “Right now it’s looking much more like we’re going to be finishing up everything … this week so that we can have summations first thing Tuesday without a break.”​

Merchan has said something about not wanting the jury to have a break/long weekend after summations. As a reminder, this weekend is Memorial Day weekend, and the court will be off both Friday and Monday.

 

Side note before I get into this. Both Lawfare and Weissmann/McCord both said that Cohen was probably lying about his tax fraud thing, but he has also admitted he was a convicted liar, so probably a wash. But, a lot of the important testimony has matched with prior testimony, and he really hasn't seemed terrible. Both Weissmann and McCord, both trial lawyers, have heavily criticized Blanche's direct. They also expect redirect on Monday or Tuesday to clean up some of Cohen's testimony.

 

The defense wants a single witness, a former FEC chairman. As of Thursday, it didn't look he would testify. But look like he now on.

Justice Juan Merchan just provided some guidance to the defense on what he would allow Bradley A. Smith, the former chairman of the Federal Election Commission, to testify about. The defense wants Smith to explain to the jury how federal election rules work, as a way to show that former president Donald Trump wasn’t attempting to influence the 2016 election with his alleged business records violations.

“An expert is not permitted to present or interpret the law,” Merchan said. “However, it seems to this court that it would be impossible for Mr. Smith to testify about” campaign finance law “without discussing or the invoking of federal law in terms of precedent, agency opinions, the intent of creation behind some of these rules.”

He said Smith could read the relevant laws and rules, but not provide his interpretation of them, or else prosecutors could then bring in their own campaign finance expert and turn the trial into a “battle of the experts.”

Defense attorney Emil Bove asked if Merchan planned to instruct the jury about the issues of campaign finance and influencing an election, but the judge declined to say how he would handle the instructions until he had seen proposals from both sides. Finally, Merchan told the defense to make him an offer of proof as to what Smith would say, and Bove agreed.​

I'm wondering how he will respond on the cross.

 

Donald Trump does not appear intensely engaged as Michael Cohen begins his third day on the witness stand. Sometimes Trump’s eyes are closed, and his chin is down, but it’s not clear whether he is sleeping or just thinking. Sometimes he will cock his head to one side or another just as it appears he might be sleeping.​

Weissmann noted that he really isn't asleep, that he is being aloof and trying to portray disinterest or lack of importance. Though Weissmann also said Trump only does this to people he doesn't like.

 

Defense trying to flip the script

A lawyer for Donald Trump confronted Michael Cohen on Monday with an email that shows that there might have been talk of an “agreement” to repay Cohen for a $130,000 payment to Stormy Daniels, apparently contradicting his earlier testimony.

Jurors heard Cohen testify last week that no such agreement existed because the goal was to cover up the true nature of what the reimbursement, paid to Cohen in $35,000 installments, was for. His testimony suggested that the repayment plan was concocted by Trump and others to hide it from campaign finance authorities.

Former CFO Allen Weisselberg’s email to Cohen on what may have been Cohen’s last day at the Trump Organization discussed an “agreement,” possibly helping the defense discredit Cohen’s testimony about Trump’s motive for fudging records.

“Thank you. You never stopped in for a bro hug,” Weisselberg wrote on Jan. 31, 2017, as Trump was getting settled in the White House and as Cohen was departing Trump Tower. “Anyway, please prepare the agreement we discussed so we can pay you monthly.”

The defense may argue that the request for Cohen to send an agreement shows there was no effort by Trump to hide what the payments were for.​

Not sure this flies, if we are to believe that Trump micromanaged his finances, particularly his person finances.

And doesn't this also contradict Trump having an email address in which he communicates?

 

Defense trying to paint Cohen as a conman.

When Michael Cohen met with Trump Organization chief financial officer Allen Weisselberg in January 2017 to discuss being reimbursed for his $130,000 payment to Stormy Daniels, he also wanted $50,000 for a payment to Red Finch, a technical services company. But Cohen had actually paid Red Finch $20,000.

Weisselberg wanted to “gross up” Cohen’s payment by doubling it, Cohen and a Trump Organization official have testified, supposedly to help Cohen pay the taxes on money that was being reported as income. So the $50,000 reimbursement was doubled to $100,000 — $60,000 more than if Cohen had been honest about the true amount.

The Daniels payment was also doubled to $260,000 for tax purposes, and Weisselberg added a $60,000 bonus for a grand total of $420,000, payment records show. Cohen then received that money in installments over the next 12 months.

“You stole from the Trump Organization?” defense attorney Todd Blanche asked. “Yes,” Cohen said.

“You told multiple prosecutors in the district attorney’s office that story?” Blanche asked. “Yes sir,” Cohen answered.

“Did you ever have to plead guilty to larceny?” Blanche inquired. “No sir,” Cohen replied.

“Have you paid back the Trump Organization the money you stole from them?” Blanche asked. “No sir,” Cohen said.​

 

Next week.

Yes, 1 witness.

 

See above. (post 7329)

 

Cohen cross done. On to redirect.

Donald Trump’s lawyer Todd Blanche just finished his cross-examination of Michael Cohen, and redirect examination by prosecutor Susan Hoffinger is beginning.

Blanche wrapped up with questions that attempted to suggest Cohen would lie if it helped him personally and that he wanted Donald Trump to get convicted so Cohen could make money in various media engagements.​

 

And some cleanup.

Michael Cohen said he had no clear memory of discussing other matters on calls with Donald Trump in the lead-up to a 2016 hush money deal with an adult-film actress but he knew for sure the payment was discussed.

Prosecutor Susan Hoffinger sought to clean up Cohen’s cross-examination testimony that the defense used to create a moment of courtroom drama last week. In that exchange, Trump lawyer Todd Blanche grilled the witness about texts that seemed to suggest that a call he made to Trump about Stormy Daniels may have been about another matter.

“Is it possible that other matters may have been discussed on those calls but you’re sure the Stormy Daniels matter was discussed?” Hoffinger asked.

Cohen said yes, doubling down on testimony he gave last week explaining that he might have spoken about multiple matters on a 1½-minute phone call to the cellphone of Trump’s bodyguard, who sometimes was available to take calls and pass the phone to Trump.

The defense showed him text messages that showed that Cohen was trying to reach the security person about a 14-year-old who had been harassing him in repeated phone calls. Cohen said it didn’t mean that Daniels wasn’t also discussed.​

Weissmann suggested that, while 96 seconds doesn't seem like a lot of time, to stop and take 96 seconds and see how long it really lasts.

 

This is hilarious.

Michael Cohen explained what Red Finch was, and why he agreed to pay the company $50,000, which became part of the reimbursement to him, along with the $130,000 paid to Stormy Daniels.

Cohen said CNBC had launched a poll to determine the top businessmen of the past century, and early results had Trump at the bottom of the list. Cohen said he knew a man who could improve Trump’s poll position by acquiring IP addresses and casting votes for Trump, which Trump approved.

But it took three rounds of IP address purchasing to get Trump into the top 10, Cohen said. He finished ninth. There was supposed to be another round of voting, but CNBC ended the poll instead, Cohen said. Even though Trump had reached the top 10 with Red Finch’s help, he refused to pay them, Cohen testified. Cohen said he paid $20,000 out of his own pocket, though the full amount due was $50,000. Cohen then received reimbursement for the whole $50,000, doubled by Allen Weisselberg, meaning he had received at least $60,000 for a $30,000 payment he didn’t make.​

Trump refusing to pay
Cohen billed Trump.
Weissmann doubled Cohen's billing.

Of course, this also looks bad in the "Trump micromanages his finances" aspect.

 

Nice work by the prosecutor. Of course, this also seems SOP in the legal-trial world.

Prosecutor Susan Hoffinger tried to undercut any damage done during Michael Cohen’s lengthy, accusatory questioning by the defense.

“I know it may feel like you are on trial here after cross-examination, but are you actually on trial?” Hoffinger asked.

“No, ma’am,” Cohen said.

“Are you charged with any crimes in this case?” she asked.

“No, ma’am,” he answered.

Hoffinger’s line of inquiry had a clear goal — to shift the focus away from what Cohen did, and put it back on to what Trump did.​

 

Trump cult members in the house.



Those I have been able to identify:
Andrew Clyde (Ga.), second face from left
Mary E. Miller (Ill.), fourth face from left
Kash Patel, front row, first from right
Keith Self (Tex.) bald guy, seventh face from right
Bernard Kerik, convicted (and pardoned) former New York Police Department commissioner, front row, second from right
Eric Burlison (Mo.), back row, first from left
Alan Dershowitz, second row, third from right
Alan Wilson, South Carolina Attorney General, first face on right.

Is that Eric Trump in the back middle? Looks like him, but I'm not 100%.

I believe that is Habba, second face from right (partially obstructed)

I would like to know who sad face is, first face from left.
And that guy, front row, center.

 

Blanche, speaking for both the prosecution and defense, says both may rest their cases today.

 

Or maybe not.

We are now on a 10-minute break during which prosecutors have to try to reach a CSPAN archives witness who was here weeks ago. He needs to travel from Indiana, and they want to call him on short notice for images of Donald Trump that could help corroborate part of Michael Cohen’s testimony. The judge wanted to know whether the witness could be here Tuesday morning.​

 

And apparently no witness

Cooler heads appear to have prevailed in a sudden unexpected standoff over whether the trial would stop for a day in order to hear from a CSPAN archivist. The lawyers have agreed to a stipulation about the basic fact that Donald Trump was seen with his security man Keith Schiller on a key date in October 2016.​

 

Maybe the defense has 2 witnesses

As prosecutors neared the end of their redirect examination of Michael Cohen, they said he would be their last witness. Defense lawyer Todd Blanche said the defense had one witness “in the back” and “a short witness,” and after that, the defense would also rest. There was no indication that defendant and former president Donald Trump would testify.

Cohen was still on the stand Monday afternoon, shortly before 3 p.m. But if the defense were able to get both of its witnesses completed later Monday, the case would be nearly ready for the jury. Both sides and the judge still have to convene to compile jury instructions, which the judge said would be tomorrow.​

 

And this seems like a good closing of redirect.

Prosecutor Susan Hoffinger finished her redirect questioning of Michael Cohen by asking him how his life has changed as a result of turning against his former boss, Donald Trump.

“My entire life has been turned upside down as a direct result. I lost my law license and businesses, my financial security … my family’s happiness which is probably paramount, just to name a few,” Cohen said morosely, his voice growing weaker.

Trump lawyer Todd Blanche sought to portray Cohen as a thieving, lying malcontent who testified out of a burning desire for revenge against Trump. Hoffinger’s questions sought to show that, whatever money Cohen has made as an outspoken Trump critic, he has paid a price.​

 

Prosecution rests. First up for defense, Daniel Sitko, who works in Blanche's office.

 

Flipped over to check on Anna Bower on twitter

Sitko says that as a part of his work, he was asked to make a call summary chart showing calls between Cohen and Robert Costello.

Six calls were longer than half an hour, Sitko says.

— Anna Bower (@AnnaBower) May 20, 2024

Sitko says that as a part of his work, he was asked to make a call summary chart showing calls between Cohen and Robert Costello. Six calls were longer than half an hour, Sitko says.​

What's the point?

 

Ah, now I know why the phone calls were important.

On the stand, Robert Costello!