#Trump faces 34 felony counts of falsifying business records in connection w/a #HushMoney payment made to a porn star to influence the 2016 election. The case could be in the jury’s hands as early as Wed.
#Steinglass tells the jurors that thejudge will explain reasonable doubt to them and & them to listen carefully. He reminds them of the concept of #AccessorialLiability: That a person who directs someone to commit a #crime is equally guilty of that crime. Steinglass brings up his preferred analogy for this, the husband who hires a hitman to kill his wife. The defense objects & the judge sustains it: It is his role to explain the #law, not Steinglass’s.
#Steinglass continues the argument on #WitnessIntimidation, noting that #Trump attacked #StormyDaniels on social media the same day she had an interview w/the Manhattan DA’s office. Steinglass argues that the post contains a lie — in it, Trump said that he hadn’t seen or spoken to Daniels since meeting her on a golf course in 2006.
Steinglass says that the jury knows it to be a lie because #RhonaGraff, Trump’s loyal asst, testified that Daniels had met w/Trump at Trump Tower.
#Steinglass reviews the case for what may be the final time, starting w/the #Trump Tower meeting. So this is an abridged version of his already abridged timeline, reducing the case down to its key elements.
Steinglass presents the very many moments at which Trump spoke to key players in this series of events around the #StormyDaniels payment.
#Steinglass again shows the jury People’s Exhibit 350, a chart created by the prosecutors that summarizes the 34 counts. Earlier, Steinglass specifically called out this exhibit & told the jury that they could request to see this document during their deliberations. It will be interesting to see if they take him up on that when they start to deliberate tomorrow.
Steinglass says the prosecution presented a “mountain of evidence” related to its theory of the #Trump Tower #conspiracy.
#Steinglass discusses Jan 2017, the month #Trump was inaugurated. He describes a meeting between #MichaelCohen & #AllenWeisselberg who Cohen testified had made the arrangements to reimburse Cohen for the #HushMoney. “Right on the bank statement, Weisselberg & Cohen calculated all the money that was owed to Cohen,” Steinglass says.
#Steinglass is making the significant points that this case is not about #MichaelCohen, & that Cohen was exactly what #Trump wanted in a lawyer.
This is always the issue w/cooperating witnesses. As Jonah Bromwich put it, “if you want to know what happens in the gutter, you have to talk to the rats.”
Steinglass reminds jurors that Michael Cohen testified he went to his family who questioned his “blind loyalty” to Trump.
Steinglass refers to these exhibits as “the smoking guns” of the prosecution’s argument, saying they “completely blow out of the water the claim the money paid to Cohen” was for legal services.
#Steinglass is now focused on the“gross-up” of the amount that #MichaelCohen was paid for tax purposes. Legitimate legal fees are not “grossed up.”
Steinglass reminds the jury that #JeffreyMcConney, the fmr controller of the #TrumpOrganization, testified that in 50 yrs he was never aware of a payment being doubled for taxes. He then argues that this gross-up was made because the reimbursement was disguised as income.
“You almost have to laugh at the way Mr. #Blanche explained it to you,” he says. “They would have destroyed evidence — committed another crime — to hide this crime, but because they didn’t do that, & these documents exist” that’s evidence that there was no crime.
If that logic held, no charge of falsifying business records would ever be successful because “The existence of the false business record in the first place would prove there was no intent to defraud.” Then, #Steinglass asks, concluding his point, “doesn’t that seem a little bit circular to you?”
Before he concluded, #Blanche asked that #jurors not send his client to #prison. Now, w/the jury excused, Joshua #Steinglass, who will give prosecution’s closing argument, stands up & objects.
“That was a blatant & wholly inappropriate effort to call sympathy for their client,” Steinglass says, asking for a curative instruction.
Justice #Merchan is excoriating Blanche for making an “outrageous” statement.
#Steinglass lands his argument by saying that while the sex between #StormyDaniels & #Trump took place in 2006, the payoff wasn’t until 2016 because his concern was NOT his family, as his lawyers have suggested, but the #election.
Though many of Trump’s family members have been staring at their phones throughout this summation, all of them looked up when Steinglass said that.
#Steinglass notes that #Trump himself has, several times in several places, “admitted” that the payments to #MichaelCohen were reimbursements, not payments for #legal services. This might not be a devastating argument for the defense if they’d proposed an alternative theory of the case. But instead they argued the $420k sent to Cohen was in fact a payment for legal services, so these admissions from Trump himself are not good for him.
#Steinglass addresses Blanche’s earlier point that #MichaelCohen did other #legal work for #Trump in 2017. He argues that Cohen did <10 hrs of legal work that year & says Cohen spent more time being cross-examined during this trial than he spent doing legal work in 2017.
Steinglass argues that, if the defense's arguments that Cohen was being paid for legal services held up, Trump would have ended up paying Cohen at a rate that would have added up to >$100M annually.
#Steinglass starts a timer & pretends to have the exact same conversation, he adds a bunch of asides & silences. He plays the role of Cohen, talking first to #KeithSchiller & then to #Trump.
The call feels loooong. When Steinglass stops the timer, it’s only been ~49 secs, about as long as the call in question.
The point: #MichaelCohen could have easily talked to both men, as he testified.
#Steinglass says that soon it will be time to deliberate and that the jurors should return & find #Trump guilty on all 34 counts against him. He asks that, in the interest of #justice & the state of #NewYork, the jurors find Trump guilty. He thanks the jurors for their time & he’s done.
#Steinglass highlights other key testimony, including #HopeHicks's remarks that it would have been “out of character” for #MichaelCohen to have made that payment out of the kindness of his heart — meaning, without approval from #Trump.
Steinglass is linking Trump to each & every action that prosecutors say led to the #crime, the falsification of 34 business records related to the #HushMoney payment to #StormyDaniels.
#Steinglass says that the evidence is overwhelming & that while #Trump is a former president, the #law applies to him the same as it does to everyone else.
Specifically, Steinglass invokes Trump’s infamous line about being able to shoot someone on Fifth Avenue & get away with it, saying that he in fact can’t. Blanche objects, & Merchan sustains it.
Trump shakes his head as Steinglass says this line.
#Steinglass asks #jurors to remember that “we didn’t choose #MichaelCohen to be our witness. We didn’t pick him up at the witness store.” Then he raises his voice & says that #Trump chose Cohen “for the same qualities that his attorneys now urge you to reject his testimony because of.”
Steinglass adds that Trump chose Cohen “because he was willing to lie & cheat on Mr. Trump’s behalf.”
#Steinglass says that #Trump’s #intent to #defraud could not be any clearer, arguing that Trump could have simply paid #StormyDaniels himself, but instead devised an elaborate scheme to pay Daniels secretly that required the involvement of at least 10 other people. “Everything Mr. Trump & his cohorts did in this case was cloaked in lies,” Steinglass says, adding, “The name of the game was concealment, & all roads lead to the man who benefited the most, Donald Trump.”
Joshua #Steinglass, the prosecutor, is now asking #Pecker about a call he had w/ #Trump about #KarenMcDougal after #DylanHoward interviewed her. Steinglass is emphasizing Trump’s direct personal involvement.
Pecker testifies Trump described Karen McDougal as "a nice girl." Pecker said this conversation made him believe that Trump "knew who she was." Trump is stone-faced as Pecker talks about this conversation.
Prosecutor #Steinglass wrapped up questions about #KarenMcDougal by asking #Pecker about a contentious exchange w/ #MichaelCohen, in which Pecker got concerned about the potentially #unlawful implications of the deal.
Cohen was upset & screamed: "The boss is going to be very angry at you."
Pecker — thoroughly anxious then - was firm.
“The deal is off," Pecker recalled telling him. Pecker concluded by saying that he was never paid for the McDougal deal & there was a 20-min break.
Tues 29 May 2024 🧵
Good morning! It’s the last day of the #TrumpTrial before jury #deliberations.
Today Justice #Merchan will give #JuryInstructions. Then they will discuss the case among themselves for the first time; they have not been allowed to even discuss it w/each other as yet.
Closing arguments took place yesterday, & the lawyers will have no further opportunity to address the jurors before they determine whether #Trump is #guilty or not guilty of 34 felonies.
Justice #Merchan is back on the bench. He asks the attys, “Where do we stand?”
Prosecutor #Steinglass says that while they have “made a lot of progress,” they need his help to sort out which portions of the #transcript should be read back to the #jury.
Jurors asked for 4 portions — 3 from #Pecker’s testimony & 1 from #MichaelCohen.
Defense & prosecution aren’t agreeing on Pecker's #TrumpTowerMeeting testimony.
Prosecutors in Trump’s #criminal trial say he has violated a #GagOrder barring him from attacking #witnesses, #jurors & others close to the case. Testimony is set to resume later Tuesday morning.