#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.
#Blanche, #Trump’s atty begins by thanking jurors then reminds them of that in the court system, they decide the facts “not the prosecution… not the judge.”
Blanche says that his client is innocent, that the prosecution hasn’t met its burden of proof & that the evidence presented “should leave you wanting more.”
He says the case “is about documents. It’s a paper case.” It is not, he says, about an encounter w/ #StormyDaniels, noting that the defendant has denied it occurred.
#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.
#Hoffinger goes back to how #MichaelCohen was treated by the #Trump team. A complicating factor w/both Cohen & #StormyDaniels is they have multiple motives, & prosecutors have been telling the cleanest versions of their stories which makes it easy for the defense to pick at. However, the Trump team is essentially asking the #jury to believe everyone around Trump was acting shadily except for the shadiest of all – Trump.
#MichaelCohen has suggested several times that he committed #crimes in connection w/ the #StormyDaniels payoff. This is helpful for the prosecution, as they seek to prove to #jurors that #Trump caused the falsification of business records to conceal a 2nd #crime.
IMPORTANTLY That crime doesn’t need to have been committed by Trump — Cohen’s crimes are equally applicable.
#MichaelCohen testifies that #Trump approved his false 2018 statement about whether or not Cohen decided to pay #StormyDaniels of his own volition. As a bonus, Susan #Hoffinger, the prosecutor, has Cohen confirm that one of Trump’s lawyers at the time was aware of the statement & texted him to tell him that Trump was grateful for all he did.
#Blanche concludes cross-examination of #MichaelCohen w/ a whimper not a bang. He tries to remind jurors of the most dramatic moment from Thursday's cross: that Cohen may have lied on the stand when he described a conversation on Trump's bodyguard's phone in which he said he briefed #Trump about the payment to #StormyDaniels.
There was “no doubt in your mind” that that was the purpose of the call, Blanche asks. “No doubt,” Cohen replies, standing by his testimony.
#RobertCostello testifies that #MichaelCohen then asked, “What's my escape route?” adding that he had told Cohen then that he could cooperate w/the govt.
“I swear to God, Bob, I don’t have anything on Donald Trump,” Costello recalls Cohen telling him. As prosecutors just pointed out — w/the #jury out of the room — Cohen testified that he lied to Costello at this point about the #StormyDaniels payment.
#Blanche is now asking #MichaelCohen about meeting w/people ahead of his public testimony before a #House panel in 2019. He asks him about meeting w/ #DanGoldman, then a House investigator & now a congresssman in NY. Then he jumps back to Oct 2016 & #StormyDaniels.
Blanche is skipping around again. He started by speaking about 2024, then went back ~5yrs, to 2019, & is now back in 2016, right before he made the #HushMoney payment to Daniels.
#Blanche suggests that the famously frugal #Trump would have been unlikely to overpay anyone — again harping on the disparity between the $130k that #MichaelCohen paid #StormyDaniels & the $420k that Cohen was repaid. “Did he happily write checks to lawyers, for example?” Blanche asks.
#Blanche suggests that #MichaelCohen had said he was singlemindedly focused on the #HushMoney deal, including when he spoke to #Trump that Oct. But Blanche suggests that Cohen would have reported back to Trump about other issues, too, including dealing w/an extortion attempt against #TiffanyTrump.
Cohen sticks to his original testimony: “My recollection is that I was speaking to him about #StormyDaniels, because that was what he tasked me to take care of.”
Prosecutors argue Cohen was motivated solely by pleasing #Trump. Blanche is suggesting Cohen may have been motivated by his own financial interests. He suggests that one of the LLCs that Cohen said he created to help w/the hush-money may actually have been formed to address an issue Cohen was having in the taxi industry.
#Blanche is trying to confuse the timeline of the #HushMoney payment. On Fri, he questioned #MichaelCohen’s story about the events of 24 Oct, 2016. Now he’s moved on to casting doubt on Cohen’s testimony about the 2 days that followed — the 25th 26th. Cohen wired the payment to #StormyDaniels's lawyer on 27 Oct.
Blanche argues there were alternative explanations for 2 of Cohen’s calls to #Trump on 26 Oct — a possible plot to extort #TiffanyTrump.
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.
#Blanche gets #MichaelCohen to testify about having cash “in a brown paper bag.” Then Blanche refers to someone Cohen was dealing w/as “the connect.” Both characterizations are rather seedy / illicit & similar to dog-whistles #Trump uses in his speeches.
Blanche asks Cohen about the complex reimbursements for the #HushMoney payment. Defense noted that Cohen wasn’t repaid $130k, the actual amount Cohen had given to #StormyDaniels. Blanche is digging into that.
#Blanche, who now has to contend w/the visual #evidence of #Trump w/his bodyguard, #KeithSchiller, on 24 Oct 2016, tries to address it directly. He asks Cohen to again confirm that he told Trump that day that he had arranged to pay #StormyDaniels the #HushMoney.
Cohen says once more that he spoke to both Schiller & Trump.
Prosecutors play the recording of #MichaelCohen talking to #KeithDavidson, who was #StormyDaniels's lawyer, but are playing more of it than before. It corroborates much of what Cohen’s testimony about the #HushMoney payment, including that he cared about #Trump & that he would not “play pennywise, pound foolish” w/his then-boss.
Yesterday, Costello behaved so atrociously on the witness stand that Juan Merchan cleared the courtroom to admonish him & the defense attorneys. Costello is due back on the stand
Defense tried to muddy that story on cross -examination of Cohen. But by calling Costello, they have given prosecutors opportunity to reinforce the story, & emails shown yesterday & this morning suggest that they have ample evidence to support.
Heading into what may be the final week of the #TrumpTrial, here are links to my threads for each day of coverage starting w/opening statements & then testimony (excludes jury selection)