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.
#Steinglass finished questioning #KeithDavidson in an abrupt conclusion. Before he finished, Steinglass asked Davidson if he had any stake in the outcome of the trial. Davidson said that he did not.
Prosecution tried to atttibute the deals to Trump, the boss overseeing #MichaelCohen.
Defense is trying to tweak the whole story to frame everything as something orchestrated by #KeithDavidson, Cohen, #StormyDaniels & Daniels’ manager Gina Rodriguez.
#Bove returns to the topic of how #MichaelCohen wanted a job in #Trump's WH & acted despondent, on a call w/ #KeithDavidson, when he did not receive it.
Davidson, asked about that call, says:
“I thought he was going to kill himself."
Bove then introduces the idea that Cohen had hoped for a high-ranking position, even as high as U.S. attorney general.
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 trying to paint #KeithDavidson as a serial extorter, asking for money in various situations & being mindful not to cross the line into actual extortion.
Bove is digging up unsavory episodes from Davidson's past to cast him as shady — for example, Bove says, a fmr of client of his leaked information that the Hollywood star Lindsay Lohan was in rehab.
#Bove’s cross-examination so far hasn't even been about #Trump, but it is an effort by his legal team to discredit #KeithDavidson & persuade the jury that his previous testimony shouldn't be trusted.
2 more celebs have been named - Tila Tequila, a reality TV star, & Charlie Sheen.
Bove is accusing Davidson of essentially extorting Sheen.
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 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.
#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.
#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.
#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.