The prosecution asks that the defense be precluded from asking #StormyDaniels whether she was arrested. Justice #Merchan agrees w/the prosecutors, saying that “anybody can be arrested” & that it “doesn’t prove anything.”
The people call Stormy Daniels back to the stand
#Trump atty #Necheles begins questioning by saying that in 2011, Daniels denied having had sex w/Trump.
#Manochio says that at some point the person she was sending checks to changed from Schiller to John McEntee.
Asked who that was, she said, "Couldn't tell ya." #McEntee was a #Trump adviser & ally who was brought back to the #WhiteHouse in early 2020 (at the end of his term), as Trump tried to restaff w/ loyalists who would assist his attempt to retain power illegally.
Cross-examination of #Manochio was extremely brief.
Next witness, Tracey #Menzies, works at HarperCollins, a publishing company.
As happened on Tues, prosecution shows a book authored by #Trump, "Think Big: Make it Happen in Business and Life." The cover image shows Trump shouting. The witness, Tracey Menzies, says of the cover, "His name is quite large."
The witness is asked about Bill Zanker, w/whom #Trump wrote the book. #Zanker is still in Trump's orbit, having a role in Trump's current sale of #NFTs. Trump had a dinner related to NFTs at Mar-a-Lago last night.
The prosecution is using an excerpt of the book to show that Trump is a micromanager in his business. In it, Trump says: "get the best people, & don't trust them," saying it's important to watch what they do closely.
The witness is now reading a section in which #Trump describes valuing "loyalty" more than anything. "We reward loyalty & everybody knows this." In a potentially resonant excerpt, Trump writes: "This woman was very disloyal, & now I go out of my way to make her life miserable."
Another quote: "I used to say, go out & get the best people & trust them. Over the years, I have seen too many shenanigans, & now I say, get the best people & don't trust them."
This emphasizes the theme of #Trump as a micromanager, who wouldn't let his employees handle major transactions w/o closely supervising them.
However, Trump does say he might trust a loyal employee, such as #AllenWeisselberg, whom he name checks specifically & who prosecutors say helped orchestrate the continuing concealment of the #HushMoney payments, & who is currently in #jail for #crimes committed for Trump.
The next excerpt also emphasizes Trump's love of revenge. "My motto is: always get even." And: "When you are wronged, go after those people because it's a good feeling."
This book earned #Trump royalties of $1.4M, acc/to tax records.
Prosecutors' direct examination ended quickly, & Todd #Blanche handled the brief cross-examination. He asked Menzies whether she was part of publishing this particular book.
The people called #MadeleineWesterhout. #Westerhout was Trump's executive assistant in the #WhiteHouse. She was fired after she spoke out of turn about the Trump family at an off-the-record dinner.
Westerhout went on to write a book in which she extensively praised #Trump. Prior to his presidency, she worked for the RNC. Trump is watching her, pursing his lips at times. He smirks when she says she is nervous to be here today.
Madeleine #Westerhout was one of #Trump's most trusted aides in the early #WhiteHouse years. She sat at a desk right outside the Oval Office & coordinated many of his calls, meetings and communications. She was a conduit to people on the outside & she was at Trump's side through much of the day.
#Westerhout abruptly left the #WhiteHouse in the summer of 2019 after #Trump learned that she had shared details about his family. She now works for Trump's former #NationalSecurity adviser Robert O'Brien, who runs a geopolitical consultancy.
Prosecutors are using Westerhout to put into evidence a map of the first floor of the #WestWing of the White House. She's asked to identify the Oval Office.
This could become relevant when #MichaelCohen testifies. He is expected to say he met w/ #Trump in the #OvalOffice to discuss the arrangements that had been made to repay him for the #HushMoney sent to #StormyDaniels.
The prosecution has established that in 2017 Madeleine #Westerhout was part of #Trump's very small inner circle.
Westerhout has turned to describing Trump's work habits. Rebecca #Mangold, the prosecutor, asks if she developed an understanding of his preferences & Westerhout responds, "I hope so."
She then says that he preferred to either speak w/people on the phone or meet w/them in person.
Expect her to testify that one person she saw him meet w/in person was #MichaelCohen. If she testifies as prosecutors are hoping, she will say that happened in Feb 2017.
#Trump smiles & nods when #Westerhout says he took "a lot" of calls during the day & late into the night.
Trump has always seen his extensive phone chats as evidence he's a hard worker. (Cuz it’s the only evidence)
#Westerhout explains how #Trump started working in a small dining room off the Oval Office, where he had any number of people visit him over the yrs.
The morning's testimony was from a porn star who spoke about having had sex w/Trump, & the lead-up to the encounter. This is a dry description of the Oval Office & Trump's work habits — it is another example of how Trump has a public persona he presents as a leader, & a seamier one focused on gossip & women.
The jury is shown a very weird "close contacts list" for #Trump from early 2017. It includes Joe Scarborough, Tom Brady, Sean Hannity, Ari Emanuel, Bret Baier & Mark Burnett, the creator of "The Apprentice."
Also on the list: Bill Belichick, Bill O'Reilly, Jeanine Pirro, some business colleagues, family members & Serena Williams.
The prosecutor asks #Westerhout: "Was it your understanding that Mr. Trump & Mr. Cohen had a close relationship in 2017?"
Westerhout: “At that time, yes." She's now reading an email between herself & #MichaelCohen in which she's asking for his info in order to have him cleared to enter the #WhiteHouse. "Mr. Cohen was coming in to meet with the president," she adds.
The point is that #Trump paid attention to financial minutiae. The cost of the golf membership that he was personally signing off on was less than 20% of the amount of each check he sent to #MichaelCohen to reimburse the #HushMoney payment.
The prosecution is effectively asking the jury to consider whether it's plausible that Trump would scrutinize a minor payment in the $6k range but be ignorant of the details of multiple checks for $35k each.
#Westerhout is the 2nd fmr Trump aide to cry during this trial. 🥱 The first was #HopeHicks, whose desk was right near Westerhout's outside the Oval Office.
The DA is using people who were very close to Trump in order to build their case that he committed #crimes. Both Westerhout & Hicks were witnesses sympathetic to Trump but still delivered damaging testimony against him.
Westerhout has made it very clear how much she cares about & respects Trump. 🙄
#Westerhout’s testimony - including about the email scheduling the meeting w/ #MichaelCohen & #Trump's close attention to his finances while in the White House are very bad for her fmr boss.
Prosecution is done.
Trump lawyer, #Necheles cross-examines Westerhout, she brings up the fact that Trump wasn't Westerhout’s preferred candidate when he was elected president.
Many people have described her as crying on election night.
The defense is asking for a mistrial & that #Trump be allowed to respond in public (not court) to #StormyDaniels's testimony. To be clear. Trump is asking the court to lift the #legal restrictions of the #GagOrder, so he can publicly attack a witness’s testimony.
Justice #Merchan encouraged the defense lawyers when they moved for a #mistrial on Tuesday to address any disparities by cross-examining #StormyDaniels. But Daniels has been off the stand for hours, & #Blanche is now seeking to make these points to the judge — & the news media. The judge isn't buying it. "I fail to understand" he says, how this is "an alternate set of facts."
Trump leans forward & glares at the judge as he denies the motion.
Now Todd #Blanche is arguing for a #mistrial, again. Trump's lawyers have been known to call for multiple mistrials in the course of a proceeding. It could exhaust the judge’s patience, & lose credibility.
Steinglass also criticized Blanche's colleague Susan #Necheles's cross-examination of #StormyDaniels, calling it "very thorough but somewhat misleading" & hardcore [#SlutShaming ]
Prosecutor #Steinglass says that the details of Daniels's story before & during the sexual act corroborate her account, & show the fact that sex happened, which increases the motivation to silence her.
#Steinglass concludes: "The defense has not alleged anything remotely approaching grounds for a #mistrial & their motion should be denied."
Justice #Merchan begins to address the mistrial motion. He says that after ruling against the defense's request for a mistrial on Tues, he went back & reviewed many of his past decisions, studying them in his chambers. He says that he came away satisfied.
#Merchan says that at every trial, the evidence comes in a different way. Why is he saying that now, he asks? Because in going back to opening statements, he sees that the defense "denied that there was ever a sexual encounter between Stormy Daniels & the defendant."
Merchan is saying defense opened the door to Daniels's testimony. He’s suggesting that what the prosecution did in response was appropriate.