After brashly declaring he wanted to #testify in his #criminal trial, it appears increasingly unlikely that #Trump will do so, as the #jury seems poised to hear #ClosingArguments next week.
Defendants rarely testify, because their #lawyers advise them that the risks of doing so, particularly when it comes to being questioned by prosecutors #UnderOath, are simply too great.
In Trump’s case, the judge’s discussions w/ #lawyers in recent days indicate that even if the defense calls a small number of witnesses, they do not expect #Trump to be one….
4 people close to Trump said next wk’s plan does not include him testifying, & they expect the #jury to start deliberating later in the wk. Trump is famously mercurial & could always demand to testify….
“It sounds like we might possibly be done w/ the presentation of evidence on Monday,” NY Supreme Court Justice Juan #Merchan said Thurs.
Blanche quickly added, “I was not speaking about President Trump, obviously. … That’s another decision that we need to think through.”
★ If #Trump were to take the stand, such testimony could take many days, which would significantly extend the trial.
Cross-examination of #MichaelCohen resumes, an opportunity for the defense to poke holes in his testimony & perhaps trip up or provoke the state’s key witness. The questioning of Cohen, #Trump’s fmr fixer, is the beginning of the end of Trump’s #criminal trial, which began April 15 & might conclude before Memorial Day weekend at this pace.
#Blanche asked #MichaelCohen about a number of different events, including an exchange of public statements w/ Michael #Avenatti, one of #StormyDaniels's lawyers, & conversations w/his wife. He ended by asking Cohen if he had deleted his communications w/his wife around that time, & Cohen seemed genuinely stumped. Then Blanche asks if Cohen, around this time, had taken to deleting his texts more generally.
The defense is trying to suggest that #MichaelCohen has a history of manipulating the types of phone records that prosecutors have used here to bolster their case.
Blanche seizes on another lie: Cohen had testified years ago that he had never asked for a pardon, but testifies here today - as he did in a deposition - that he did, in fact, direct his lawyers to explore the possibility of a pardon.
#MichaelCohen admits he asked his lawyers to explore the possibility, although he testified before a House panel that he would never have accepted one. Cohen points out — correctly, as NYT broke the story — that Trump was dangling pardons to people connected to the special counsel's investigation into the #Trump campaign's possible ties to #Russia.
Jurors will have to determine when — if ever — #MichaelCohen began telling the truth. #Blanche is demonstrating that Cohen told lies, big & small, over a long period of time & for various reasons.
At the same time, prosecutors have & will demonstrate in re-direct & closing arguments that #Trump has told lies, big & small, about a number of people & issues in this & other cases.
After the break, prosecutors are arguing that #Blanche, early in his questioning, asked questions that seemed to suggest that #Trump's #indictment was still sealed on March 30. The indictment was unsealed that evening, after NYT broke the news. The unsealing allowed the DA’s office to confirm that the news was true.
Prosecutors ask Justice #Merchan to explain this sequence to the jury. Merchan agrees that the jury should be advised.
#Merchan decides that #Blanche can do it in his own questioning. But prosecutors, Matthew #Colangelo & Joshua #Steinglass, argue that it it should come from Merchan because the questions were so misleading.
Merchan tells prosecutors that they can draft a version of an order that the judge himself would give if Blanche’s corrections end up being insufficient.
None of the texts were definitive, but there were a lot of them, & they clearly show that #MichaelCohen was at least interested in the idea. When #ReincePriebus was finally named chief of staff, Cohen told his daughter he was disappointed, Blanche shows. Cohen admits here that he was disappointed.
Defense is showing Cohen was again rejected, this time for a job, & is seeking payback. It also shows he lied under oath.
#Blanche seems to have gained some traction here, & notes that #MichaelCohen had said he wanted to be chief of staff. “That was for my ego, yes,” Cohen admitted. But now Cohen is reiterating that he wanted to be Trump's personal attorney.
Cohen, is 5 hours into his cross-examination, & is remaining calm, even as Blanche implies there was a series of slights & humiliations that Cohen suffered after #Trump’s election in 2016.
#Blanche is trying to cast doubt on #MichaelCohen’s account, saying it was the first time he had mentioned the call.
Prosecutor #Hoffinger objects again, & asks to approach.
After the sidebar conversation w/the judge, Emil #Bove, one of Trump's lawyers, returns to the defense table, sits down & whispers something to #Trump who shakes his head & scowls.
#Blanche starts a long series of questions about whether #MichaelCohen received harassing phone calls from a 14-yr-old prankster in Oct 2016. [WTF?] He seems to be suggesting an alt reason for Cohen's call to #KeithSchiller, #Trump’s bodyguard.
Cohen had testified he made that call to inform Trump of the #HushMoney payment to #StormyDaniels. Blanche is suggesting to jurors that Cohen lied about the call's purpose.
Defense: You asked Schiller who to speak to on harassing texts & he says call me, then you call him back at 8:02 for a minute thirty... then you text him the number of the 14-yr-old... You said the Oct 24th call was not w/ #KeithSchiller …. “That was a lie."
Blanche suggests that Cohen was not reporting the #HushMoney payment to #Trump but reporting that he was being pranked by a teenager. (Seriously?)
#Blanche admitted into evidence #MichaelCohen’s texts w/ a 14-yr-old harasser, which occurred on 24 Oct, 2016 until roughly 7:24PM, when Cohen wrote: “Please have your parent or guardian contact me before secret service reaches out them.”
Blanche is now driving home that Cohen threatened to turn the Secret Service on a prank caller who said they were 14 yrs old.
#MichaelCohen adds that it was his routine to advise #Trump about these matters, because if the resulting story was not to his liking, “it would cause him to blow up at me” & “it would probably be the end of my job.”
#Blanche is trying to get Cohen to say that while working for Trump, he gave statements to reporters w/o checking in w/his boss. Cohen is refusing to concede this, & says that he would always talk to Trump about every story.
#Blanche is trying to establish the idea for the jury that #MichaelCohen was a rogue agent who did things w/o consulting w/ #Trump -- which defense says is what happened w/the #HushMoney payment.
Blanche notes that Cohen often frustrated campaign ofcls w/statements he made to the press during the 2016 campaign. Cohen parries that by saying Trump had told them that Cohen reported to him.
#Blanche continues questioning #MichaelCohen about his relationships w/ reporters over the years naming Maggie Haberman of The NYT & Katy Tur of MSNBC.
Cohen confirmed that he communicated w/ reporters over the phone & via text, & he would occasionally record phone calls w/ members of the press w/o their knowledge, including former CNN chief Jeff Zucker.
(reminder NY is a one party consent state)
#MichaelCohen previously testified that in June 2016, he was negotiating w/ The #NationalEnquirer & #KarenMcDougal over her story about having had an affair w/ #Trump. On the stand now, as #Blanche digs in about whether he can remember a specific call from that year, Cohen says that seeing prosecutors’ other evidence has jogged his memory about calls he had back then. (That’s memory for ya)
#Blanche asks #MichaelCohen about what it meant for #Trump to pay in "cash," noting that it did not necessarily refer to green paper money, but to a payment that was made directly & not through financing. Blanche is referencing the recording heard earlier in the trial in which Trump directs him to “pay in cash.”
Blanche asks Cohen if Trump often made deals to pay cash for buildings or properties.
#Blanche notes that while #MichaelCohen has talked a lot about using Signal, an encrypted app that makes use of disappearing messages, many of the sensitive conversations that we’ve seen & heard about in this trial just took place over text.
(Probably because having not disappeared, they could be admitted into evidence. Duh.)
Blanche asks about negotiations he had w/ ABC News reporter John Santucci regarding the #StormyDaniels story.
Blanche is restating his opening argument point that NDAs were typical among the wealthy & famous & that they were not illegal. (No one has said otherwise)
#Blanche shows the #HushMoney contract that #MichaelCohen struck w/ #StormyDaniels. He gets Cohen to agree it’s a “perfectly legal contract.” He’s raises his voice for emphasis — trying to make the #jury feel like this arrangement was business as usual.
It may be usual to have NDAs, but this was unusual for other reasons.