Colangelo describes some NE headlines that helped Trump's 2016 #campaign, embarrassing campaign opponents incl’g #TedCruz & #MarcoRubio.
Prosecutors are limited to the HEADLINES per #Sandoval. They go to Trump’s #intent: to #influence the election by promoting negative stories about others & suppressing those about himself.
Colangelo is now describing the 2nd “#CatchAndKill” deal in question, relating to #KarenMcDougal, a fmr #PlayboyModel who said she had an affair w/ #Trump. #Colangelo says evidence will show that Trump “desperately” didn’t want that info public. “Before the meeting, during the meeting, after the meeting,” Colangelo says, #NationalEnquirer publisher was in touch w/ #MichaelCohen, putting this deal right at Trump’s doorstep.
#Colangelo says that jurors will hear #Trump, in his own voice, urging the money be repaid in cash. This doesn't connect Trump to the actual #crime, which only relates to a payment to #StormyDaniels. But it suggests a pattern of behavior.
Colangelo is now describing the emergence of the "#AccessHollywood" tape on Oct 7, 2016, beginning w/ email outreach to Trump spox #HopeHicks. Colangelo reads aloud the worst of Trump’s language, bragging about grabbing women's genitals.
"Another story about sexual infidelity, especially w/ a porn star, on the heels of the '#AccessHollywood' tape, could have been devastating to his campaign," #Colangelo says of the #StormyDaniels story. He says that "w/pressure mounting & Election Day fast approaching, Donald #Trump agreed to the #payoff & directed #Cohen to proceed."
Colangelo says Trump told Cohen to drag out paying Daniels, in the hopes of getting past the #election & then not paying her at all.
Reportedly, #Trump pursed his lips at ↑ that & wrote a note which he passed to his atty Todd Blanche, then whispered to atty, Emil Bove.
#Colangelo described a communication from Keith Davidson, the lawyer for #KarenMcDougal, to Dylan Howard, a #NationalEnquirer editor, as it became clear Trump was winning the #election: "What have we done," he said.
Because the prosecution bears the burden of proving its case beyond a reasonable doubt, it gets to go first (& last) in a #criminal case. The advantage of that can be seen in action here, as Colangelo gives the jury his own frame through which to view #MichaelCohen.
#Colangelo encourages #jurors to "tune out the noise" & "focus on the facts" during the course of the #TrumpTrial. He summarizes the evidence again, & says after all the evidence is in, Joshua Steinglass, another prosecutor, will do the closing argument.
He ends by saying there is "only one conclusion: Donald Trump is guilty of 34 counts of falsifying business records in the first degree."
Todd #Blanche presented the defense's opening statement.
"President Trump is innocent," are the first words of Blanche's opening.
“President Trump did not commit any crimes."
"He is cloaked in innocence.”
Blanche highlights that #Trump is entitled to the presumption of innocence, which is something that some of his more heated critics sometimes lose sight of.
Blanche seeks to have the jurors relate to his client, as he says Trump is doing "what any of us would do."
#Blanche said that the prosecution told a “clean nice story," but that it is not as simple as they would have the #jury believe. He said that many of the docs in evidence are almost a decade old. The testimony, he suggests, is similarly old. He said, the story that #jurors heard "is not true."
#Trump largely avoided looking at the jury during prosecution's opening statement. He shifted his body in their direction during defense’s.
#Blanche said #Trump put up "a wall" between himself & his company when he became president. We know from the civil #fraud ruling that isn’t true.
Trump always seems to get his lawyers to basically testify about how successful the #TrumpOrganization, has been. - Blanche went off on this success narrative for a while.
#Blanche downplayed the 34 charges of falsfying records #Trump faces as a "business records violation."
He highlighted the disparity between the $130k #HushMoney payment & what was paid to #MichaelCohen. He asks them, if Trump really was so frugal, would he have repaid Cohen so much? "This was not a payback," he said, adding: “He was President Trump's personal atty."
"would a frugal business man …repay [a] $130k debt to the tune of $420k?"
It seems like #Blanche will seek to convince the jury that everything was appropriate & done by the book, not even worthy of notice. That #Cohen was #Trump's lawyer, & he was paid for #legal services. But he'll also seek to distance his client from the matter: "President Trump had nothing to do w/the invoice," he said.
"I have a spoiler alert: There's nothing wrong w/trying to influence an election," #Blanche says. "It's called democracy." not the charge. The charge is falsifying business records, the [#MensRea is to influence. Besides which, influencing an election through illegal means is duh illegal]
"They put something sinsiter on this idea as if it were a crime," he continued. "You'll learn it's not."
Prosecutors objected 3X during Blanche's opening statement. Justice #Merchan called them to the bench & prosecution won the objection.
Blanche loses a bit of his opening. He had to say instead that there is "nothing illegal" about entering a #NDA.
He said that companies use NDAs all the time & people who are wealthy & famous use them regularly, stressing there is nothing illegal about the practice.
"#MichaelCohen wanted a job in the administration. He didn't get one," #Blanche said, offering a motive for Cohen.
Blanche said Cohen has publicly called #Trump a "despicable human being" & said he wants to see him convicted, wearing an "orange jumpsuit." Blanche on Cohen: "I submit to you that he cannot be trusted."
Blanche tried to tell the #jury that Cohen has perjured himself. #Colangelo objected; the objection was sustained.
At the bench conference Judge #Merchan appeared to be speaking firmly to #Blanche.
The result of the conversation — Blanche may not be allowed to accuse #MichaelCohen of #perjury directly. But he may say that Cohen lied under oath. A #legal distinction.
Blanche suggested to the #jury there was a monetary motivation for Cohen's testimony, saying his livelihood relies on #Trump being destroyed.
Blanche equated the "#CatchAndKill" scheme w/The #NationalEnquirer, to ordinary editorial decisions made by newspapers, portraying the practice just how news outlets operate, NOT TRUE.
Blanche used the term "catch & kill" mockingly. Whether his tone lands depends on the jurors: some may agree it’s overblown, others may see it as akin to #StateMedia#propaganda.
#Blanche made a point of saying that the activities detailed in the charges took place from 2015 to 2017, "years & years ago.”
That is irrelevant, & seriously not that long ago.
"Use your common sense, we're New Yorkers. It's why we're here,” appealing to the jurors as one of them, telling them he trusts that they'll decide the case based purely on the #evidence. "If you do that, there will be a very swift - a very swift - not guilty verdict," he concluded.
#Steinglass asked #Pecker to recount his work cell phone number at the time.
That may seem small but it's important — it's a good bet that those numbers will come up when #evidence is presented.
#Trump leaned forward on the defense table as he listened to Pecker's testimony. As Pecker spoke about editor meetings, Trump passed notes to 2 of his lawyers before reportedly “glaring” at Pecker on the stand.
After a short #testimony, #Pecker was dismissed from the stand. He’ll be back tomorrow.
Justice #Merchan told jurors about the schedule & asked them not to discuss the case w/ anyone & not to read about it. He asked them to put it out of their minds.