More elected officials have joined Trump's support group, a new one today: Rep. Matt Gaetz, R-Fla.
Prosecution is seated, w ADAs Joshua Steinglass closest to defense table, Susan Hoffinger in the middle seat, and Matthew Colangelo to her right. Christopher Conroy and Rebecca Mangold sit just behind.
Klasfeld:
Cohen's cross-ex began w reminder that he called Blanche a "crying little s***."
Outside jury's ear, the judge then scolded Blanche for "making this about yourself."
In case you were wondering, and I know some of you are, Trump's sporting a candy apple red tie today.
Earlier in the hall, he told reporters: “Outside...looks like Fort Knox...You're not allowed to have friendly protests, we're not allowed to have anything here.”
Though Trump spoke to hallway reporters around 20 mins ago, for about three minutes, he did not answer the following questions:
Will you testify?
Are you worried about a conviction?
How do you feel about the debate?
We're still in sidebar, and Blanche is giving some sort of impassioned pitch to the judge, gesticulating dramatically, bobbing his head for emphasis often.
Justice Merchan looks on from above, arms still crossed.
[This is a long sidebar, with Trump's lawyer Emil Bove appearing to check his calendar and Justice Merchan standing up with arms crossed. Scheduling what remains of the trial?]
@GottaLaff NFL, that's what I was just asking a friend. How can we tell if they used tax payer money for these trips? Do they have to disclose and wouldn't the be consodered non-funded personal trips?
Bob Costello, a longtime Giuliani attorney and potential Trump defense witness, used yesterday's trial off-day to savage Michael Cohen in testimony to Congress.
Blanche shows the prosecution a stapled stack of papers, flips to one, and circles something on a sheet with pen.
Thank you, your Honor, Blanche says, as Justice Merchan asks to bring in the witness.
Cohen takes the stand, in a dark suit and pale yellow tie, two bottles of water in front of him today. Merchan reminds him he's still under oath as he asks to bring in the jury.
A court officer hands up headsets—maybe more Mea Culpa episodes today?
Sidebar over, Blanche takes down the exhibit, and instead asks to put up redacted B118, then apologizes. There's some confusion—it's B45 now for the defendant—no, sorry, Blanche apologizes again, the witness, parties, and the court.
They're texts between Cohen and Rosenberg last year.
Blanche offers it in evidence, but Hoffinger asks to voir dire—are there large swathes redacted, and therefore out of context? I believe so, says Cohen, so Hoffinger objects.
Q: Do you have an understanding about whether Rosenberg told you about the indictment before it was unsealed?
A: No sir.
Q: He didn't tell you before there was an unsealing in this courtroom, that "it was done"?
Objection—overruled.
A: No sir.
Q: Are you sure about that?
A: Yes
Blanche asks Cohen about his CNN appearance, in which Cohen called himself David vs Goliath (Trump).
Didn't Rosenberg text you "You were so sharp and confident, fantastic interview on CNN"—objection, sustained.
May we approach? Blanche asks.
👉🏼No, Merchan says, exhaustedly.
Do you recall Rosenberg complimenting you about your appearance on Joy Reid?
Objection—overruled.
Yes, Cohen remembers, and says yes, correct that this is around the time he was instructed not to go on TV.
Blanche opening gambit is truly idiotic about why he had not been told by the DA about the sealed indictment before the NYT learned of it. So what? - terrible way to open cross after a shaky performance the first day.
More from the audio now played for the jury: Picture Trump having his mugshot taken, Cohen tells his listeners. It fills me with joy and sadness at the same, he says.
erica orden:
Blanche is playing portions of Cohen's "Mea Culpa" podcast for the jury, and Cohen sounds wildly different on the podcast -- loud, angry -- than he has sounded on the witness stand, where he has spoken in calm, measured tones.
Now another 10/23/20 episode for parties, headphones back on.
It sounds like a Scorcese script: "I truly fuckin hope that this man ends up in prison, it won't bring back the year I lost, or the damage done to my family, but revenge is a dish best served cold."
Blanche reminds jury of Cohen's stint in fed prison at Otisville. Then:
Q: You believe that the work that you did, your media appearances played a role in Trump's indictment?
Q: You continued to call Trump various names on your podcast and even doing CNN interviews?
A: Correct.
Q: That's continued even up during this trial?
A: Correct.
Blanche wants to talk about something prosecutors spoke about Tues: Cohen's prior testimony under oath.
Blanche says Cohen has testified under oath many times: before Congress 7 times, in a trial last fall, during two guilty pleas, etc
Blanche asks, Was the oath that you took every single time the same oath that you took Mon in this courtroom? (Yes) Location doesn't change the oath? (Correct) And just because you come back the next day or two days later you're still under oath? (Yes)
the trial is now is surreal territory, with Blanche asking Cohen about juvenile name-calling by Trump, and then Cohen responding to that "in kind." That cross seems to denigrate not just Cohen, but also Trump.
Q: In 2017 testimony before House Intel Committee, that's one of the times that you have lied under oath?
A: Correct.
Q: You submitted a two-page letter before you testified, then read letter into record, and on that occasion you lied about the Moscow project?
A: Yes sir.
And there were a number of different lies? (Correct) About when you stopped the project? (Correct) The number of times you spoke to Trump? (Correct) And what was the other lie? (I don't recall, I think those were the two).
Q: After Blanche elicits lie about traveling to Russia, he says, you knew at the time you were lying under oath?
A: Yes sir.
Q: And the reason you lied was bc of your loyalty to Trump?
A: I said that, yes.
Q: And then you lied again on those same three topics a year later when meeting with the special counsel? (Yes.) You lied under oath, then you committed another felony in the meeting with—objection, sustained—and you lied again when you met with the special counsel? (Correct)
After a rocky start, Blanche seems to be picking up steam, finally finding some sort of groove.
Q: When you were sentenced, you said that you were accepting responsibility for lying to Congress (yes), but you said that the reason why you lied was your loyalty to Trump?...
A: I worked with a joint defense agreement in order to stay on message about what Trump wanted, including Mr Trump's attorney at the time.
Now to the FBI raid—you're not aware that Gene Freidman cooperated with them? But no, Cohen says, he was not aware at the time.
Evgeny Freidman, pictured outside an Albany courthouse earlier this month, had pleaded guilty to dodging $50,000 in state taxes.
Blanche tries to call Freidman Cohen's business partner, but Cohen clarifies: I leased my medallions from him—I had no profit-sharing with him, if he had losses I would not have received losses. I had no interest in his company at all. No different from leasing an apartment.
Freidman had to pay Cohen a fixed monthly rate for the lease, and was obligated to pay all the expenses—all he did was lease the medallion. It's the only way to have a taxi: have a medallion affixed to the front.
For example, we were TOLD that Mr. Turmp* would be a presidential White House figure. What we KNEW was that he wouldn't come close.
[I wish I could come up with a better example, as this one sounds lame. But I'm busy following Laffy following a trial that, not-coincidentally, involves said Mr. Tmurp.*]
@GottaLaff NFL, no it's fucking not, do we have to believe everything we are told? are we never mistaken in our believes? And that's a high profile lawyer? The best people, really.
Blanche moves to Cohen's sentencing, asking if Cohen said (under oath): In tax years 2012-16, I evaded paying certain taxes that I knew was not reflected on the return. He also asks about his testimony in that proceeding regarding the HLAC form
Q: Nobody induced or threatened you to plead guilty correct?
A: As I stated previously, I was provided with 48 hrs within with to accept the plea or the SDNY would file an 80-pg indictment that included my wife. & I elected to protect my family
Blanche asks whether Cohen lied under oath to Judge Pauley when he said nobody had induced him to plead guilty, and a tense moment bubbles up when Cohen says "that's correct," 👉🏼and Blanche snaps, Can we get through this? What's the difference between yes and that's correct?
Blanche asks whether Cohen's lawyers spoke at his sentencing with Judge Pauley—they wanted Cohen to get credit for cooperating though he was not technically a cooperating witness—who ultimately gave Cohen 36 months in prison, lower than the maximum.
Q: After sentencing, you started saying that you did not commit the tax crime?
A: No sir. I said I did not believe it was a crime I should have been charged with
Q: In your book you called the tax charge bogus and 100% inaccurate?
A: I believe I should not have been charged...
...Q: I didn't ask that. In your book, you said "let me give you the real facts," and you felt and still feel that you did not engage in tax fraud but had to plead guilty to protect your family?
A: Correct
Blanche says as recently as 4/1/24 Cohen said on TikTok that the federal prosecution against him "was the most corrupt prosecution in at least the last 100 years," getting a few laughs of disbelief from the press.
Blanche shows Cohen B52, a transcript of his CNN appearance from 3/23/23. During that interview, you said that you hoped the tax evasion charges would eventually come out, and the SDNY lies would be exposed?
Q: You testified that you provided a lot of docs to the Manhattan DA?
A: They were part of the phone, yes.
Q: You say you want the SDNY truth to come out—have you provided any materials that the charges you pled guilty to were not correct?
Objection—sustained.
Q: You also said that Judge Pauley was corrupt?
Objection—overruled.
A: Yes
Q: And he's deceased, right?
A: Yes
Q: You think Pauley was "in on it," and you've called the SDNY prosecutors and Pauley "fucking animals"?
A: Correct
Bottom line: Cohen maintains, once again, that in the sentencing memo and ever since, he has never disputed the facts of the case, but still believes that he should not have have been charged and prosecuted.
60/ Mr. Blowdryer was no match for me, even in my weakened state. HA!.
Catching up. Weissmann, all of it:
Blanche elicits that Congress in hearings goes "on and on, even more than I"-- in the audience are several MAGA loyalists in Congress.
Blanche does good cross on Cohen blames a lot of people: federal prosecutors, the judge, the accountant, the banker... and Trump. Import of his cross: none of them are to blame.
Cohen is still calm and unflappable, even when being asked about his wife.
BLANCHE: You gave a statement under oath you never asked for a pardon from Trump COHEN: I never asked for it. “I spoke to my attorney about it because we had seen on television President Trump potentially pre pardoning everybody to bring an end to this.”
COHEN: “I reached out to my attorney to ask him whether or not this is legitimate.”
BLANCHE: You also spoke to Robert Costello and Mr. Ryan about exploring the possibility of a pardon COHEN: I spoke to mr. Costello about that as well
BLANCHE: When you write a statement that you would not accept a pardon but asked your lawyer to pursue one, that's not true?
COHEN: “I wanted this nightmare to end” So I asked them, “Is this really something that they’re talking about, can you find out.”
Blanche starts to explore Cohen’s contacts and conversations with Robert Costello:
BLANCHE: You spoke about next steps after FBI raid and one of the things you spoke about was cooperation? COHEN: I don't recall that
BLANCHE: do you remember telling him you had nothing on trump and could not cooperate COHEN: No sir, I do not recall
The brief morning recess for the jury is almost over but the person who really needed the break was Todd Blanche. He was struggling this morning with several of the prosecution’s objections being sustained and his mismanagement of exhibits.
65/ Starting in random spot, via McB, still catching up:
Again, it's unclear what's happening here, as Blanche tries to catch Cohen on some alleged discrepancies between his testimony and the deposition. These discrepancies are grammatical, semantic: his lawyers did it vs. he did it, he used present tense vs. past tense.
The questions are a dense thicket of different lawyers, testimonies, depositions, and Cohen's lies (some still alleged, some admitted to).
Blanche leans one of his forearms on the podium as he drills question after question, his other hand punctuating each question with different gestures.
And as I predicted, Justice Merchan cuts in for the morning break.
We're back, but the jury isn't, and Colangelo is up asking Merchan for some kind of limiting instruction based on Cohen's testimony about his knowledge of the Trump indictment before it was unsealed. Blanche says there were repeated sustained objections.
Merchan doesn't think it requires instruction from the bench—he thinks defense can clean it up, or if the People can deal with this on redirect. Colangelo stands again to say that Blanche's questions were misleading.
We jump back to Cohen's testimony in another trial, last Oct 24-25.
🤭👉🏼"Oh god," a reporter groans.
More questions, same theme: Cohen cooperated with law enforcement, and though he wasn't an official cooperating witness, he tried all the same to put that cooperation toward early release.
After a sidebar, Blanche changes tack: Do you remember questions about your desire to work in the WH? And telling Congress that it was a lie that you did not want to go to the WH?
Lauren Boebert's exact seat in the front row has been replaced by Trump lawyer Alina Habba.
How poetic.
Klasfeld:
Cohen previously testified that he knew he wasn't qualified for a White House chief of staff position, but he wanted to be considered for it because of his "ego."
Blanche suggests this wasn't true. Cohen insists that it was.
Blanche asks more about Cohen's WH desires—first to be Chief of Staff, then personal attorney.
Now to Nov 2016, when Cohen texted with his daughter that he still believed he could be chief of staff—but Cohen's daughter said she read that Preibus was being considered.
Trump's lawyer Blanche: You were going to work under Don McGahn?
Cohen: No.
Blanche: Do you know Spencer Zwick?
Cohen: Yes Fundraiser for Romney.
Blanche: He told you, Chief of Staff? And you said, That would be nice.
Cohen: I did.
McB:
Kedar Massenburg, former CEO of Motown Records, officially enters the record after Cohen confirms that yes he knows him.
Still in Nov 2016: You don't recall telling your daughter that you were with Trump, and that he was complimentary but not happy with the title you wanted—special counsel to the president?
Now to Trump's frustrations that Preibus couldn't find a good role for Cohen in the WH.
Reince Priebus didn't like that title -- "special counsel to the president" -- correct? I believe that's correct.
And Trump expressed frustration that his team hadn't come up with a role for you? Correct.
You told your daughter that the chief of staff, Priebus, got to pick what your role was? Yes, sir.
Blanche is trying to poke holes in Cohen's WH staffing story: Blanche says that Cohen said on Tues that he just wanted to be personal attorney, but there are convos about being chief of staff and special counsel.
"That was for my ego, yes," Cohen says, repeating his Tues self.
A series of questions from Blanche: When Trump appointed Gary Cohn as director of the NEC you were "despondent"? At the time, you were having a hard time getting tickets to the inauguration Your daughter texted you that Trump and his people were "walking all over you"?
Q: You were disappointed that after all the work you did for Trump, nobody offered you a job in the WH?
A: That's not accurate.
Q: You were not embarrassed that after everything, you were left w/ the role of personal attorney, nothing more?
A: That's the role that I wanted.
Blanche asks whether Cohen expressed these same frustrations of exclusion to Pastor Darrell Scott (even on National Prayer Day!) With these questions, he seems to suggest that Cohen must have expressed a great many frustrations to a great many people—not just his daughter.
Now to Sept 2023: in Cohen's application for early termination of supervised released, there were "fake cases" included, and Blanche asks Cohen to explain what happened.
Cohen used Google Bard, typed in a series of queries regarding NY 2nd Circuit decisions re: early...
Blanche asks Cohen to discuss an embarrassing moment he had last year, when he cited fake cases in a court document while asking to cut his sentence early.
Blanche: "What was your role in that situation, if you can explain that to the jury."
...termination of supervised release, but Cohen says he got "phantom" results, because AI wants to please the user, but Cohen provided the citations to his lawyer, and those citations were inaccurate.
Q: By that time you were disbarred, but you were an attorney for 30 years?
Yes
You testified about a phone call, Blanche asks, on 10/24/16 (he adds some dramatic emphasis to the date)—do you recall testifying that you called Keith Schiller that day in order to speak to Trump to "discuss the Stormy Daniels matter and the resolution of it?"
Yes, Cohen recalls
Did you talk about this phone call with the grand jury? Blanche asks, but Cohen can't recall.
Two more objections, both sustained.
Do you recall ever talking to prosecutors about this phone call prior to Tues?
Objection, but, finally—overruled.
I don't recall, says Cohen.
Do you recall ever talking to prosecutors about that call before your grand jury testimony? I don't recall.
On Tuesday, you were shown a call log with Schiller, you recall that, right? I do.
And you recall being interviewed on March 7 last year and not saying anything about this call? Like I said, I don't recall.
Blanche attempts to refresh Cohen's recollection. But as he proffers a document for Cohen to review, the prosecution objects. The parties approach the bench for a sidebar
We continue, and Blanche shows the witness and parties B255, to refresh his memory as to whether he was asked any questions about phones call on the 24th.
@GottaLaff NFL - is tediousness the point? Like, make the jury forget what Cohen said? I don't see any strategy here beyond "you have lied before" which has been covered. Nothing toward why he would lie now, what he would gain, why he would risk perjury again if Trump had ANY evidence to refute his claims, nothing about the new evidence he has presented. Nothingburger.
Scene from the supposedly locked down area Trump (falsely) likened this morning to a "Fort Knox" that none of his supporters can enter.
Libbey Dean:
Outside Trump Trial: Nearly 100 👉🏼pink penis shaped balloons with faces of Judge Juan Merchan, Alvin Bragg, Jack Smith and Judge Arthur Engoron taped to them released in front of NYC courthouse.
Blanche displays People's 341, a log of calls between Cohen and Schiller, and highlights two on 10/24/16 (recall that first he got the voicemail, then a 1m36s call).
This is the call you testified about on Tues, that you called Schiller, but it was to talk to Trump about the Stormy deal—Blanche's voices is raising—and let's see what happens next. Then you texted Schiller the number, Blanche begins to say, but Hoffinger objects.
Blanche now shows texts btwn Cohen and Schiller to the jury (we can't see it yet, bc proper redactions have not been made).
It's starting to become clear: Blanche is casting doubt (credibly, I must say) that the 10/24/16 call Cohen had said was about the Stormy matter, was actually about a prank caller that Cohen received.
BLANCHE: You said you had a recollection of a phone call on 10/24 at 8:02pm, that Schiller gave the phone to Trump, and you talked about the funding, but THAT. WAS. A. LIE.
Cohen still doesn't budge.
Cohen says he doesn't believe this is true, or something similar, but Blanche cuts him off.
👉🏼"We are not asking for you belief," Blanche says furiously, "this jury is not asking"—objection, sustained.
Katie's Sidebar: Blanche's cross of Cohen has been about 5 hrs. Just mins before lunch, Blanche decided to finally hit a substantive area, crossing him about an important 10/24/16 call w/Trump.
Usually cross-exam is "get in/get out" moment. The more prolonged & meandering the cross, the harder it is for the jury to be invested & to stay invested. Blanche has shown that it takes him a long time to wind up for the pitch; I'm not sure jury cares enough to wait for him to get there
Blanche raising his voice, practically "shrieking" at Cohen, could be perceived as "much ado about nothing" by the jury, especially if he took so long to get to that point.
In the fact of Blanche's hysteria, Cohen has calmly responded that he “always ran everything by the boss immediately, and in this case it could have been just saying, 'Everything’s been taken care of, it’s going to be resolved.'”
Blanche yelling at Cohen: “We are not asking for your belief. This jury doesn’t want to hear what you think happened.” isn't true.
Of course, the jury wants to know from Michael Cohen what he thinks happened. Unless Trump wants to take the stand to explain what happened, then Cohen is a critical voice for the jury to hear from.
And no, I'm not saying Cohen should be speculating about what happened. But Cohen should be allowed to explain what was going on not only for that 10/24 call, but for all of the other facts and details relating to this case.
@GottaLaff
NFL
You know how when one closes one’s eyes, one is left with one’s mind, ones’s thoughts? What in gods name could that pathological liar, egomaniacal likely sociopath, be thinking? #💭
@GottaLaff NFL. Sleeping, or pretending to sleep, is probably a way Trump believes he can further denigrate these proceedings. He doesn’t believe he should have to follow laws.
Don't see how these texts disprove that Cohen spoke with Schiller or Trump about the Stormy matter.
If they want to refute Cohen's assertion, why not call Schiller? Probably won't, of course, as it would provide the prosecution opportunity to cross examine Schiller about all sorts of things.
@GottaLaff NFL, two things can be true at the same time - you can have a text message about one thing and a phone call about another. It's a leap to say they have to be about the same thing. It's just an inference.
That actually violates the gag order as well and it's no business of Congresscritters to get involved in the legal proceeding of a private citizen and criminal defendant
He's trying to get Cohen to violate his prior plea agreements under oath. Which could have additional criminal consequences, from what I understand.
He was required to swear that he admitted to wrong-doing and wasn't coerced, etc, when pleading guilty, and Blanche is leading him into walking it back. It's not relevant to the current trial - Trump is simply attempting to punish Cohen for testifying here.
@GottaLaff NFL I haven't read Cohen's books, don't follow him on any SM and did not read deeply about his issues with the legal system. So why if the underlying facts of his legal troubles not in dispute, why does he believe he should not have been prosecuted?
@GottaLaff NFL
If I am ever in the witness stand with an unfriendly persecutor … (yes I know the difference with prosecutor etc) … I will definitely use Cohen’s wording so that I can rattle the questioner. Might as well find some small bit of enjoyment within the stress.
Don't your sort of feel sorry for Mr. Blanche? He seems to be on the Wrong side of Right and Wrong. He may be unduly influenced by his client, which leads him to believe he can put words in the Prosecutor's witness's mouth. That's historically been his client's special skill.
I'm a long-time fan of attorneys, who know they will take on a number of people they'd rather not serve. (I remember a key case HRC [Clinton] had, that drew ample ire from the Right, during the 2016 campaign.) It strikes me as a thankless job. Much like being a politician. Both are in the category of "Can't live without 'em; can't live with 'em, and thank goodness for all sorts of alternatives."😎
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