Since Todd Blanche nodded his head yes when #Trump claimed that his right to testify has been taken away because of the #GagOrder, Merchan must start the day tomorrow inquiring of Trump’s understanding AND whether Blanche misadvised him on his 5th Amendment rights.
#TrumpTrial 🧵starts HERE. #Trump#legal
PLEASE NOTE: I likely can’t reply while live-posting. Adding NFL (Not For Laffy) helps! Thx.
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Via Andrew Weissmann:
Court about to begin. The defense table, from left to right: Blanche, the defendant (ie Trump), Bove, and Necheles (notably farthest from Trump). Gaggle of photographers shoot Trump, inches from his face: he maintains an implacable and dour expression. ADA Josh Steinglass and his team now enter: Steinglass is very much the lead here.
Here is Michael Cohen's April 14, 2024 post introduced into evidence by Trump lawyer #ToddBlanche
The caption reads "Keep messing with me Donald and I won't send any money to your commissary!"
Trump in Prison orange "Get your hands on the limited edition Prison Suit Trump Action Figure. Featuring a vibrant orange jumpsuit and removable hair. Grab yours now- before they all escape! "
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.
Moments into the prosecutors' argument, #Trump slapped the arm of his lead lawyer, Todd Blanche, and gestured with his hands. They spoke briefly and then Trump sat back and immediately shut his eyes.
Regarding #Trump’s comments about David #Pecker being nice, prosecutor Conroy argued it was a threat to other witnesses “be nice or else face attacks” not sure that will work. Conroy called Trump’s statements as “air of menace” I agree, but if we’re supposed to infer for a #GagOrder that gets a little tricky.
Conroy re #MichaelCohen,:
The judge, in ruling against #Trump after the first hearing, warned that #witnesses could not use the #GagOrder as a “sword,” attacking Trump while knowing that he would be fined for attacking them back. Conroy acknowledges that: “We understand the court's concern about Michael Cohen.” But he wants the violation recognized, as he says Trump is trying to “disrupt” the process & that his statements are “corrosive to this proceeding”
#Blanche complains about media coverage in the argument, but #Trump seeks out the media, he gives multiple stmnts outside the courtroom & constantly discusses the trial. He’s running on his #criminal charges.
Justice #Merchan says he doesn’t understand Blanche’s argument comparing Trump’s inability to speak out freely w/journalists' ability to report freely on him everyday. “They’re not defendants in this case," Merchan says forcefully. "They’re not subject to the #GagOrder.”
Justice #Merchan replies, “It was your client who went down to that holding area & stood in front of the press & started to speak. It wasn’t the press that went to him. He went to the press. He didn’t need to go in that direction.” He adds, “Nobody forced your client” to go talk to reporters in the courthouse hallway when he attacked #MichaelCohen.
After Justice #Merchan pointed out that no one is forcing #Trump to talk to the #press, #Blanche’s response, “I agree with that.”
Merchan continues to express concern about Trump’s rights to free speech, particularly as a political candidate. He says that a whole press area has been set aside for Trump in the hallway so that “your client, as candidate for the presidency, has the opportunity to speak about absolutely anything he wants.”
#Blanche discusses #MichaelCohen’s Tik-Tok videos, saying, “This is not a man that needs protection from the gag order.”
This is a serious concern for prosecutors. Their #witness, who had said that he would be silent after having attacked #Trump, has not. + Justice #Merchan has already written that he is somewhat sympathetic to the defense’s argument here.
Side note, while Todd #Blanche was arguing against penalizing #Trump for violating the #GagOrder inside the courtroom, Trump was literally fundraising off it. In a message sent to supporters, Trump wrote that he’s “been FULLY GAGGED” & “stuck in court all day.”
The message included a link to a survey asking whether “you support President Trump more or less after every single witch hunt, raid, indictment, & arrest.“
Today’s #TrumpTrial testimony 🧵
Friday, 3 May, 2024
Custodial witness, Doug Daus, a forensic analyst in the Manhattan DA’s office will continue to testify about obtaining audio from the phones of #MichaelCohen, #Trump’s former fixer.
Justice #Merchan is on the bench &addressing something that #Trump said outside court yesterday, when he claimed that he could not testify because of the #GagOrder.
The comment left many people confused, & it wasn’t clear if Trump was simply making an excuse for not testifying, or if he misspoke. But Justice Merchan is informing him that the statement was incorrect. The gag order “does not prohibit you from taking the stand” or limit what he can say, the judge says.
After Justice #Merchan explained #Trump’s freedom to speak as a #witness, he concluded, “please let your attorney know” if you have any more questions. Note that Todd #Blanche, the lead defense #lawyer, nodded along when Trump made the comments in question outside the courtroom yesterday.