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.
Each side filed drafts of their proposals w/the court.
Arguments before Justice #Merchan occur w/o the jury.
Acc/to the NYT, Prosecutors’ instructions will ask the judge to give the jury “unusual flexibility” in determining whether #Trump was actively involved in the false record scheme.
Prosecutors will argue that even if #Trump didn’t personally create the records, the #jury can find him responsible if the creation of the false records was “a reasonably foreseeable consequence of his conduct.”
this is NY [#law]
Defense’s proposal is reportedly less focused, much like their witness questioning & opening statement.
#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 connects some of his lines of questioning.
He adds up the money #MichaelCohen made from consulting, his repayment for the #HushMoney payoff, & other work.
Blanche says, “we can see what” Cohen was “up to”. Prosecution objects. Sustained.
Blanche harps on money Cohen made off attacking #Trump. Arguing that Cohen was motivated not by what was right, but by money & when working for Trump was no longer lucrative, he turned against him, & made money that way.
#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)