#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.
#Trump defense atty Emil #Bove suggests that the prosecutors, in their proposed #JuryInstructions, shifted their theory of the case.
He’s possibly talking about the state #ElectionLaw that underlies the #felony business records charges against Trump. Justice #Merchan doesn’t seem to agree, but says prosecution’s proposal for jury instructions holds no weight — it’s only a proposal.
“Just relax,” Merchan tells defense. Nothing, he says, has been determined.
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.
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 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.
#Trump has his posse again. Today it’s more #Republican elected officials. Today, Trump will be joined by the #House speaker, #MikeJohnson, as well as #NorthDakota’s governor, #DougBurgum, a contender to be Trump's running mate. Also present will be Representatives #ByronDonalds & #CoryMills of Florida, & #VivekRamaswamy, who was one of Trump's primary rivals this year. Both Donalds & Ramaswamy are longshot hopefuls to be Trump's running mate.
#Hoffinger reviews #MichaelCohen’s testimony from yesterday about “monetizing” his role as #Trump’s personal atty by using it to attract other clients. Cohen confirms. This is inoculation against cross-examination.
Trump turns & whispers to his lawyer Emil #Bove as Cohen talks about how much money he made by monetizing his relationship w/him. Trump clearly mouths “four?” And Bove clearly mouths back: “$4 million.”
#Hoffinger, the prosecutor, asks #MichaelCohen why he paid the money to #StormyDaniels. Cohen says he did so to #influence the #election, & that he did so at #Trump’s direction. This is a summary of the key themes & may signal that direct examination is coming to an end soon.
Trump’s lawyers are on edge thru this part of Cohen’s testimony. #Blanche & #Bove pass notes.
Trump, however, appears to be dozing peacefully. #NodFarter
#Hoffinger, the prosecutor, is asking #MichaelCohen about when he provided phones to the DA's office for their investigation. One of the defense lawyers, Emil #Bove, has sought several times to raise questions about when Cohen's phones were handed over - & whether he may have manipulated recordings & other materials related to the investigation on them before doing so. Cohen says he handed them over late last year.
A fmr White House aide who worked closely w/ #Trump returned to the stand to testify about a significant meeting between Trump & #MichaelCohen his personal lawyer that is at the center of Trump’s #criminal trial.
#Trump atty Emil #Bove cross-examines #JarmelSchneider. He tries to win the witness over, first by asking him how he prefers to be addressed & then expressing sympathy as he acknowledges that a paralegal's work can be boring.
Jarmel-Schneider isn't biting, saying he enjoys his work.
#Bove is now poring over the tiny details of the data that #JarmelSchneider worked with, suggesting to the jury that there are issues w/the paralegal's work.
Bove suggests that the reports were edited in a suspicious manner. On redirect, Jarmel-Schneider clarified that the report we are looking at is abridged per prosecutors’ request. Bove on re-cross continues trying to raise suspicion about the call list displayed.
Necheles repeats the accusation: “That’s what you did, right?”
Daniels almost yells: “False!”
The defense has been building to this since Emil #Bove, accused Daniels’s lawyer, #KeithDavidson, of being a serial extorter of celebrities on behalf of other clients.
charges are falsifying business records to hide #HushMoney payments in lead up to 2016 election to #influence electorate
just one Trump supporter at the courthouse draped in a Trump flag.
#StormyDaniels's lawyer, #KeithDavidson, to return to stand. He negotiated the hush-money payment at the center of the case, & is expected to lay out details of the deal.
Lots of "I don't recalls" from #KeithDavidson during this cross-examination. #Bove is trying to make him appear dishonest & unethical.
Presumably, Bove is going to suggest that the money to #StormyDaniels may not have been paid to cover up an affair, but because #Trump was being shaken down.
#KeithDavidson responded specifically to #Bove’s "lawyer games" comment. He said if Bove didn't want to play such games then he should not use the word "extract" to describe the way Davidson & his clients would get monetary settlements from celebrities.
Bove then asked about the Hulk Hogan sex tape & media outlet Gawker. Bove said Davidson used connections at the website TheDirty, to get stills of the video.
Gawker was sued out of existence by Hogan, in a lawsuit financed by the billionaire #PeterThiel.
#Bove insinuated that an article #NationalEnquirer editor #DylanHoward co-wrote about the Hulk Hogan sex tapes in 2015 was a product of Davidson’s providing that info.
Davidson denied that he gave Howard the tapes.
Bove then revealed that the #FBI had set up a sting related to Davidson’s discussion w/Hogan’s reps.
#Bove noted #KeithDavidson's use the word “leverage” on the tape, suggesting that he was seeking leverage over #Trump. Davidson denied that & said that Bove is “grossly mistaken about the dates” of when this conversation took place.
The recording was not introduced as evidence in the case so the jury & the observers aren’t hearing it. Davidson is listening on a headset, defense is using it to refresh his recollection about the conversation so Bove can question him about it.
#Bove briefly questioned #KeithDavidson again in a recross-examination. He ended it by emphasizing that Davidson had never been in a room w/ #Trump until this week.
"You never spoke to or never were in same room until Tuesday?," Bove asks Davidson.
Davidson said that was correct.
Douglas Daus a senior forensic analyst & audio visual specialist is called as a fact witness.
#Bove is implying that the DA’s office was sloppy in their data extraction & the devices could have been manipulated, asking questions about chain of custody & if the intake process was secure.
Daus was excused, but will be back to testify more tomorrow.
Court adjourned for the day.
Funny from NYT’s Maggie Haberman:
#Trump left the courtroom, squinting strangely at Lawrence O’Donnell, the MSNBC host, as he did.
#Bove, #Trump defense lawyer, is asking Daus questions about disappearing message apps on #MichaelCohen’s phone.
Daus explains how law enforcement extracts info from a person’s phone. It’s straightforward w/things like text messages, but w/ apps, like Signal, have “self-destruct” functions that delete messages in seconds.
Bove also asks Daus basic tech stuff, which may just be delay tactic by way of stretching out the trial & an attempt to distract from other testimonies.
#Bove is trying to attach tech issues to the argument that #MichaelCohen can’t be trusted, “We would have to take Michael Cohen’s word for whatever happened in October 2020 with respect to this phone, right?”
Reportedly Daus gave an expression of surprise to this question. I mean he does forensic tech analysis, he’s like: no, I say what’s there, I don’t say stuff’s there that I can’t confirm.
Redirect is over & #Trump atty #Bove returns to question Daus again to clarify his cross-examination arguments, saying he was asking about “unknowns” — “gaps in the handling of this data that created risks” for tampering.
Prosecutor #Conroy returns to ask Daus another question in a 2nd re-redirect.
This is a lot of questioning & requestioning for a custodial witness.
Justice #Merchan calls a sidebar hopefully to get these folks to tighten up their questioning.
#Bove builds on the #MichaelCohen was freelancing angle, he gets #HopeHicks to agree that Cohen "went rogue" & did things that were “unauthorized."
Hicks helps the defense out by saying, "He liked to call himself a fixer, or Mr. Fix-it, & it was only because he first broke it."
Bove, moves on to when Hicks worked on #Trump's 1st campaign saying the work she did for Trump, & the work done by #Pecker, ( #NationalEnquirer) was all standard operating procedure for a candidate.
"While you were focused on your job at the White House, you didn't have anything to do w/the business records of the #TrumpOrganization 200+ miles away in NYC, did you?"
Hicks said she didn't.
This brings attention to the fact that the actual charges of falsifying business records have yet to be discussed.
Hicks is excused & leaves the courtroom.
#Trump doesn't look at her as she leaves.
Neither does she look at him.