#Trump faces 34 felony counts of falsifying business records in connection w/a #HushMoney payment made to a porn star to influence the 2016 election. The case could be in the jury’s hands as early as Wed.
#Blanche, #Trump’s atty begins by thanking jurors then reminds them of that in the court system, they decide the facts “not the prosecution… not the judge.”
Blanche says that his client is innocent, that the prosecution hasn’t met its burden of proof & that the evidence presented “should leave you wanting more.”
He says the case “is about documents. It’s a paper case.” It is not, he says, about an encounter w/ #StormyDaniels, noting that the defendant has denied it occurred.
#Blanche is focusing on the 34 docs that led to the 34 #felony charges. He sounded as if he was getting close to making a #legal argument about “intent to defraud.” The #jurors would have to find that #Trump acted w/ #intent to #defraud when he directed the falsification of the docs in order to find him #guilty.
Justice #Merchan appeared to glare at Blanche as he came close to commenting on the #law. But the defense lawyer moved away & the judge said nothing.
#Blanche talks about the first batch of docs: 11 invoices that were sent by #MichaelCohen. The invoices said that Cohen required payment for #legal services, but Cohen testified at trial that he was directed to say that by the #TrumpOrganization. Prosecutors say #Trump himself initiated the false documents.
#Blanche emphasizes the image of #Trump in the WH, conjuring up his long days in the Oval as the “leader of the free world.” 🥱It seems to be an effort to flatter Trump & put distance between him & the docs, while also reminding the jury that the defendant was —unlike every other #criminal defendant ever—an American president.
Todd #Blanche argues that the documents weren’t false because #MichaelCohen really was doing #legal work for #Trump in 2017. He’s casting aspersions on the government’s theory of Cohen being repaid for his payment to #StormyDaniels, saying that if that were so, Cohen would have been doing unremunerated legal work.
Blanche’s voice rises as he again insists Cohen lied in his description of the work he was doing for Trump.
#Blanche said during the trial that #MichaelCohen had an “oral” retainer agreement with #Trump, meaning that he had agreed to do legal work on Trump’s behalf. So in his closing, just now, when he said there was a retainer agreement, he may have been out on a limb. We’ll see if & how the prosecutors respond in their own closing.
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
Some of Trump's team, since the start of the trial, have been noticeably confident of a #HungJury. #Blanche, Trump's lead lawyer, shared his thoughts about the idea w/a NY Magazine reporter who wrote a cover story about him as the trial kicked off.
The prediction that the trial will end w/that outcome has been striking, particularly since hung juries, in which jurors cannot agree on a defendant's guilt or innocence, are relatively unusual.
#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 concludes cross-examination of #MichaelCohen w/ a whimper not a bang. He tries to remind jurors of the most dramatic moment from Thursday's cross: that Cohen may have lied on the stand when he described a conversation on Trump's bodyguard's phone in which he said he briefed #Trump about the payment to #StormyDaniels.
There was “no doubt in your mind” that that was the purpose of the call, Blanche asks. “No doubt,” Cohen replies, standing by his testimony.
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.
“I think it’s relevant,” Justice #Merchan says, but he hasn’t decided if he’ll allow it. He says he wants to research defense argument that it’s #hearsay.
Prosecution argues the #evidence isn’t hearsay because an earlier expert witness laid the foundation to show it to jurors.
The evidence goes toward rebutting #Blanche’s argument that #MichaelCohen lied about speaking to #Trump on 24 Oct.
Obviously the defense wants to keep this piece of evidence from the jury.
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.
Hold the phone — Joshua #Steinglass, a prosecutor, says the prosecution will seek to bring back a witness who works at #CSPAN & testified earlier, so that he can #verify the stills.
#Merchan asks when the witness, who does not live in NYC, could return.
#Blanche, who normally tries to slow things down to delay & draw out the trial, complains that prosecutors are doing just that w/their effort to recall this witness. He says it’s “patently unfair.”
#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.
#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.
#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.
#Blanche suggests that the famously frugal #Trump would have been unlikely to overpay anyone — again harping on the disparity between the $130k that #MichaelCohen paid #StormyDaniels & the $420k that Cohen was repaid. “Did he happily write checks to lawyers, for example?” Blanche asks.
#Blanche concludes his re-cross-examination by asking #MichaelCohen if, in the 11 yrs he worked for #Trump, he ever recalled his boss having willingly overpayed for something. Cohen started by answering no, this was the first time — but then, he seemed to answer a different question, saying it was the first time he recalled Trump paying for a #NDA. Which wasn’t the question asked — confusing.
She starts by asking basic questions about the phone records he used to make the chart jurors just saw, which displayed calls between #MichaelCohen & #RobertCostello.
Mangold confirms that Cohen & Costello actually spoke fewer than 75 times, based on the way these phone calls were recorded.
Susan #Hoffinger is a former defense lawyer & therefore is comfortable w/ cross-examination unlike [#Blanche]. She grills #RobertCostello about what he told #MichaelCohen as he was seeking to provide #legal advice. She says that Costello extolled his famous clients in an email to Cohen.
Costello insists that it was his partner, Jeff Citron, who had the relationship w/Cohen, & he met w/him because his partner made the arrangement. “It was Jeff Citron’s client, not mine,” he says.
Justice Merchan asks whether #Blanche wants him to rip the case away from the #jury & decide it himself. Blanche agrees that this is what the defense wants (not bloody likely — #Trump has repeatedly claimed Merchan is out to get him).
“You said that his lies were irrefutable but you think he’s going to fool 12 New Yorkers into believing this lie?” #Merchan says referring to #MichaelCohen.