#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.
He testifies that w/respect to #StormyDaniels, Cohen said “numerous times” that #Trump “knew nothing about those payments, that he did this on his own.”
Prosecutor #Hoffinger objects to many of Emil #Bove's questions, often being sustained by #Merchan.
Costello is ignoring the judge’s rulings, so Justice Merchan warned him directly to wait for a ruling before answering.
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, 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
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.
Defense wants to portray #MichaelCohen as having a vendetta against #Trump grounded in personal disappointment w/nothing to do any alleged illegal conduct by Trump.
#Bove recalls to #KeithDavidson he said Cohen could be “aggressive,” then said, “And you can be aggressive too, can’t you?”
Davidson: “I suppose”
Bove: “What does the word ‘extortion’ mean to you?”
Defense wants to make Davidson look like a scumbag who extorted the Trump campaign. Davidson is pissed.
#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.
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.
The jury is seated & one of the defense lawyers, Emil Bove, resumes his #CrossExamination. #Bove apologizes for making it seem yesterday as if Pecker had lied in a conversation w/ federal prosecutors about whether #HopeHicks had been present for a meeting in #Trump Tower.
Prosecutors have described the meeting, which occurred in 2015, as central to the #conspiracy at the heart of this case.
#Bove has been trying to get him to admit that his testimony contradicted what his attys told the state in 2019. The statement in question concerns the Trump Tower meeting in 2015, in which Pecker agreed to help #CatchAndKill negative stories about #Trump.
Bove said Pecker’s lawyer had told state prosecutors that it was inaccurate that Pecker had agreed, at that meeting, to suppress the stories on Trump's behalf.
But #Pecker clarifies that what his lawyer said in 2019 was simply that he had never offered to buy those stories on #Trump’s behalf. As Pecker reminds us, he instead offered to serve as Trump’s eyes & ears, looking out for negative stories.
Several times now #Bove has tried to catch Pecker in a lie. But Pecker is not going along w/it, he is repeatedly disagreeing w/Bove & fighting back against the attacks. It’s hurting defense more than helping.
#Bove points out the section of the non-prosecution agreement stating the federal govt "will not criminally prosecute" #AMI.
Asked whether there's mention of a #CampaignFinancial violation in the agreement, #Pecker answers, “No."
Bove tries to get Pecker to say money wasn’t part of the #Trump Tower meeting agreement.
Pecker corrects Bove, “There was a discussion that I was going to be the eyes and ears of the campaign," including notifying #MichaelCohen of women selling stories.
#Steinglass read back to Pecker portions of his testimony from yesterday that #Bove, the #Trump lawyer, questioned earlier.
The testimony relates to Pecker saying Trump thanked him for the #CatchAndKill of stories about #KarenMcDougal & the doorman’s story an illegitimate child.
#Bove asks, “You knew that to consummate that deal, you had to finalize the investigations, correct?”
#Pecker admits that put some pressure on the negotiations, but says, “From the tabloid's standpoint, that would have added on to the stress of the transaction.” He doesn’t say it put personal pressure on him.
Pecker says, “There was no drop dead date, that it had to be completed by a certain time.”
Bove asks #Pecker about how #Comey & Trump later had a contentious relationship. Prosecutors object, & Bove asks for a sidebar. Justice #Merchan sustains the objection.
#Pecker doesn't want to say that he was being misleading, but #Bove is hitting on a contradiction: Either Pecker misled #MichaelCohen, or the legal agreement was in fact "bulletproof" & thus not unlawful.
of course it doesn’t really matter because the charges have nothing to do w/the McDougal agreement, it’s discussion is purely background.
The jury & judge are back in the courtroom after midmorning break, David #Pecker is on the stand & his #CrossExamination is now resuming.
#Bove is back on cross, #Blanche, another defense lawyer, sits in Bove’s empty seat. Blanche seems intent on flanking #Trump as much as possible.
(Maybe to prod him awake before he starts to drool)
#Bove’s voice got very sharp as he asked #Pecker about whether Pecker had made an error yesterday when he said #Trump thanked him for his #CatchAndKill of the doorman’s story. “Was that another mistake?” the lawyer asked, loudly. “Do you believe that President Trump said that to you as you sit here right now?”
Bove reminds Pecker that it’s a crime to lie under oath.
Pecker reiterates that #Trump thanked him at the Jan 6, 2017 meeting at Trump Tower, in front of a group of future admin ofcls.
#Bove is suggesting that #Pecker testified inconsistently: in 2018, acc/to #FBI notes, he told agents that Trump had not thanked him at the Jan 6 meeting. That contradicts w/what he said yesterday & again today. Pecker resisted the implication that he contradicted himself but agrees. Bove is satisfied& the jurors are excused for a break.
#Bove asks #Pecker's about his meetings w/prosecutors.
Pecker says they were not "stressful," as #Trump's lawyer suggests, he says he wanted it to be over - who wouldn’t?
The defense presents #AMl's non-prosecution agreement w/SDNY.
Bove suggests AMI was having financial issues at the time - were discussions w/the Hudson News Group to acquire the #NationalEnquirer.
Prosecutors repeatedly object to defense’s use of “President Trump” to refer to a meeting in June 2016, pointing out that #Trump wasn’t president at that point. Justice #Merchan sustains.
#Bove keeps jumping between topics during his #CrossExamination of #Pecker. Trump seemed engaged yesterday when this line of questioning began, today he’s more lethargic — sitting slumped in his chair, & he just tried to disguise a yawn.
#Steinglass, the prosecutor, uses defense atty #Bove’s repetition of the phrase “standard operating procedure” against him, as he points out all the parts of the agreement w/ #KarenMcDougal that were not standard. Pecker agrees w/ Steinglass throughout as he asks him these questions, hurting the defense's argument.
Redirect gives Pecker the opportunity to clarify testimony muddled under cross-examination.