OK - now #TrumpTrial with prosecution's tech expert Daus still on cross - he's introduced audio of Trump & Cohen, and Cohen & Keith Davidson, subject of next booklet (Pecker audio/book here:
Inner City Press will live tweet, thread belowamazon.com/dp/B0D2V212N2
Trump has arrived - blue suit, blue tie - and is talking to his lawyer Emil Bove to his right in the lead counsel / cross examination seat. Blanche crosses aisle to confer with prosecution. Drum roll.
All rise!
Clerk: This is the People of the State of New York versus Donald J. Trump.
Justice Merchan: Before we put the witness on the stand, I want to clarify to Mr. Trump that you have an absolute right to testify at trial.
Justice Merchan: The order restricting extrajudicial statements does not limit what you can say from the stand. That's why it's called "extrajudicial" statement.
Trump's lawyer Blanche: We have evidentiary objections about the next witness. There is hearsay
Trump's lawyer Blanche: The People are trying to introduce a full transcript of the Access Hollywood tape - but it is only coming in to show intent. Mr. Pecker already testified about it. I expect there will be a witness today who was speak extensively about it
Trump's lawyer Blanche: The Court would take into account the Weinstein decision -
Justice Merchan: You mean the reversal on Harvey Weinstein? I don't thing that ruling changes my view at all. The law of Sandoval remains the same.
Trump's lawyer Blanche: Then there's the Truth [Social] about If you come after me, I'm covering after you. There's been briefing in DC, the gag order there - but there's no proof. Maybe they came prove up on other tweets.
Justice Merchan: The jury is waiting
Prosecutor: The Court ruled we can introduce a transcript of the Access Hollywood tape - can we do it with the photo blacked out? It's from the Wayback Machine.
Justice Merchan: The People do have a right to establish the date when it was published
Justice Merchan: Let's get the witness, and then the jury
[Dau takes stand, is told he's still under oath; jury enters
Trump's lawyer Emil Bove: The two cell phones, you got the consent of Michael Cohen, signed Jan 19, 2023?
Daus: Yes.
Bove: But you got it Jan 23
Trump's lawyer Bove: Your unit didn't get the two phones under January 23. Let's talk about chain of custody - there's only 1 signature as witness, not two - that's not ideal if there is a dispute, right?
Daus: Theoretically.
Bove: You'd want to have 2 witnesses
Trump's lawyer Bove: You don't know if the phone was hooked up to the Internet, do you?
Daus: I do not.
Bove: You found a Signal App on the phone, yes?
Daus: I did.
Bove: Self-delete is an option, and it is difficult to get them then?
Daus: It is.
Trump's lawyer Bove: Mr. Cohen had it set for messages to self-destruct in 7 seconds?
Daus: He did.
Bove: What about the Dust app, which allows self-delete as soon as a message is read - it would make it impossible for someone like to you reconstruct?
Daus: Yes
Trump's lawyer Bove: A factor re-set can wipe all the data off a phone, right?
Daus: It can.
Bove: There was a factory re-set of Michael Cohen's phone in October 2016, yes?
Daus: There was.
Bove: So where did the file come from? On January 25, 2017, a synch
Trump's lawyer Bove: You don't know what the back-up entailed?
Daus: That file, certainly.
Bove: We'll talk about the September 6 file. But first, you didn't collect Michael Cohen's laptop?
Daus: We did not.
Bove: That's how you could know what he loaded on
Trump's lawyer Bove: The large number of contacts could come from the synch, right?
Daus: It could.
Bove: You know the call was cut off?
Daus: Near the end.
Bove: How do you know it was the end? Bring up Defense G19 - does it refresh your recollection?
Daus: No
Trump's lawyer Bove: The call you say came in at the end of the audio file - there's nothing on the cell phone about it, is there?
Daus: There is not.
Bove: This photo of Michael Cohen in the White House, is this the meta data?
Daus: Yes.
Trump's lawyer Bove: But there's no similar meta data for the audio files?
Daus: There is not.
Bove: There was another synch in October - but the exhibits show nothing about it - so we just have to take Michael Cohen's word about that happened in October 2020
Trump's lawyer Bove: And the phone was turned on again in 2022, did you know?
Daus: I did not.
Bove: And Michael Cohen used it to make another recording - and you don't know what he did-
Prosecution: Objection!
Justice Merchan: Sustained
Trump's lawyer Bove: So we just have to take Michael Cohen's word for it?
Daus: We do.
Bove: No further questions.
Justine Merchan: Re-direct?
Prosecutor Chris Conroy: You don't hang out with Michael Cohen, do you?
Daus: I do not
Prosecutor Conroy: And you actually saw no evidence of tampering, did you?
Daus: I did not
Conroy: No further questions.
(re-cross) Bove: You saw the possibility of tampering - and the cut off of the file by a call, nothing on that in the phone, right?
Daus: Right
Justice Merchan: Counsel, please approach.
[Whispered sidebar; seats on either side of Trump at defense table are empty, Susan Necheles 1 seat down]
Justice Merchan: Next witness?
Prosecutor: The People call Georgia Longstreet [of DANY]
Prosecutor: Where do you work?
Longstreet: DANY. I'm a paralegal.
Prosecutor: Have you worked on a case against Donald Trump?
Longstreet: Yes. For about the last year and a half.
Prosecutor: Collecting social media info?
Longstreet: Tweet, Instagram, Truth Social
Prosecutor: How many social media posts have you saved?
Longstreet: 1500. I use SnagIt then I hash it.
Prosecutor: Did you review [at] RealDonaldTrump on Twitter?
Longstreet: I did. And [at] POTUS45.
Prosecutor: What is Truth Social?
Longstreet: It's like Twitter
Prosecutor: Did you use the WayBack Machine to review previously published news articles?
Longstreet: I did.
Prosecutor: Including 405A, the Washington Post article [Access Hollywood tape]
Trump's lawyer Blanche: Objection
Justice Merchan: Jurors, step out
[With jury out]
Trump's lawyer Blanche: We'd like to discuss a stipulation [about exhibit], given your ruling
Justice Merchan: I'm going to step out for a few minutes.
Thread will continue here
[They've back]
Justice Merchan: I'm satisfied a foundation has been laid by the witness for authenticity.
Prosecutor: Your Honor ruled that we can introduce evidence to offset defendant's claim the witnesses benefit from testifying, and to explain previous denials
[Jury entering]
Prosecutor: We have a stipulation that the Access Hollywood tape was published by the Washington Post on Oct 7, 2016. We offer these exhibits.
Trump's lawyer Blanche: Objection.
Justice Merchan: Objection is noted.
Prosecutor: 407A
[Jury is shown video of Trump apologizing for Access Hollywood tape: "This is a distraction. I've said some foolish things. Bill Clinton has actually abused women, and Hillary has intimidated his victims."]
Prosecutor: When was this?
Longstreet: October 8, 2016
Prosecutor: What's this?
Longstreet: From Truth Social, on March 15, 2023: "I did nothing wrong in the Horse Face case... felon, jailbird Michael Cohen." Then, "IF YOU GOT AFTER ME, I'M COMING AFTER YOU!!"
Prosecutor: No further questions.
Cross-examination.
Trump's lawyer Blanche: Did you review the Twitter of Michael Cohen?
Longstreet: Yes.
Blanche: Have you reviewed his TIkTok?
Longstreet: No.
Blanche: Listened to all of his "Mea Culpa" podcasts?
Longstreet: Absolutely not
Trump's lawyer Blanche: You have no independent knowledge of how Truth Social date stamps its post?
Longstreet: I do not.
Blanche: No further questions.
Prosecutor: The People call Hope Hicks.
Trump's lawyer: Objection, we-
Justice Merchan: Come up
[sidebar]
Witness: I am Hope Hicks. I started working in different P.R. and marketing jobs, Hiltzik Strategies, crisis communications for well-known individuals. I met Ivanka Trump and started to help with her personal brand then the Trump hospitality initiatives
Prosecutor: Did you work for the Trump campaign?
Hicks: Yes. Mr. Trump - at that time, Mister Trump - said he was exploring a campaign.
Prosecutor: What do you do now?
Hicks: I have a communications company.
Prosecutor: Have you been subpoenaed by DANY?
Yes.
Prosecutor: Who's paying for your lawyer?
Hicks: I am.
Prosecutor: When did you last speak with the defendant?
Hicks: Summer 2022.
Prosecutor: How did you start with the Trump Organization?
Hicks: It was thriving: gold courses and buildings, Don Jr. and Eric.
Prosecutor: Were you called in to Mr. Trump's office while he was meeting with someone else?
Hicks: Yes. He might call in for poll numbers, positive press about properties.
Prosecutor: Who did you report to?
Hicks: Everyone who works there reports to Mr. Trump
Prosecutor: Are you familiar with Keith Schiller?
Hicks: Mr. Trump's bodyguard. They were close.
Prosecutor: And Rhona Graff?
Hicks: She was crucial to how everything ran on the 26th floor.
[Note: in the lead counsel chair, presumably to cross, is Emil Bove]
Prosecutor: And Allen Weiselberg?
Hicks: All things financial. Mr. Trump lent himself money for the campaign at first.
Prosecutor: Required financial disclosure, tell us about it.
Hicks: We did it and put out a press release.
Prosecutor: Michael Cohen?
Hicks: He was the lawyer.
Prosecutor: Tell us about the campaign.
Hicks: He said, We're going to Iowa. Then New Hampshire and South Carolina. I became the press secretary
Prosecutor: Was Mr. Trump focused on press coverage of the campaign?
Hicks: Yes.
Prosecutor: What phone did you use? Last 4 digits.
Hicks: 0226
Prosecutor: Do you know David Pecker?
Hicks: Yes. Editor of the National Enquirer.
Prosecutor: Do you remember being in a meeting with the two?
Hicks: No.
Prosecutor: Did you hear calls?
Hicks: Yes. There was one after the National Enquirer story about Dr. Ben Carson.
Prosecutor: What about?
Hicks: Medical malpractice.
Hicks: Mr. Trump said it might be Pulitzer Prize worthy. Then there was the story about Ted Cruz' father and Lee Harvey Oswald.
Prosecutor: Did you become aware of the Access Hollywood tape?
Hicks: I got an email from the Washington Post. I was on the 14th floor
Hicks: I forwarded the email to Steve Bannon, Kellyanne Conway, Jason Miller -
Prosecutor: Did you says Deny Deny Deny!
Hicks (laughs) I didn't see that the whole transcript was there. It made the strategy harder.
[Trump is looking down and taking notes]
Hicks: Mr. Trump was doing debate prep, he saw the five of us talking and asked us to come in.
Prosecutor: What did he say?
Hicks: He said that it didn't sound like something that he would say.
Prosecutor: Were you with Mr. Trump when you saw the video?
A: Yes
Prosecutor: How did he react?
Hicks: He was upset... He knew it wasn't good, but it was locker room talk, pretty standard stuff for two guys chatting with each other.
Prosecutor: What did he say should be done?
Hicks: Yes... We put out a statement.
Hicks: I got the email at 1:30, the story was posted at 3:30 and our statement was out by 4 pm. It said, Bill Clinton has said far worse
Prosecution: Did you post a video?
Hicks: Yes.
[Jury is shown statement Longstreet brought into evidence an hour ago]
Prosecutor: What was the media response?
Hicks: It was intense. It dominated the news cycle until the debate. News about a Category 4 hurricane fell away.
Prosecutor: Did prominent Republicans condemn Mr. Trump?
Hicks: Paul Ryan, Mitt Romney, the usual group
Prosecutor: Did Paul Ryan disinvite Mr. Trump from a campaign event in Wisconsin?
Trump's lawyer Bove: Objection!
Justine Merchan: Overruled.
Prosecutor: Did Mr. Ryan say he was sickened by Mr. Trump?
Hicks: Sounds like something he would say
Prosecutor: And Mitch McConnell - does this refresh your recollection?
Hicks: He said it was repugnant and unacceptable.
Prosecutor: Who was John McCain?
Hicks: He was a Senator
Trump's lawyer Bove: Objection!
Justice Merchan: Sustained.
Prosecutor: Did Speaker Ryan do a call with House members and do you know what he said?
Trump's lawyer Bove: Objection, may I be heard at sidebar?
Justice Merchan: Approach
[After sidebar]
Justice Merchan: The objection is sustained
Prosecutor: Did you reach out to Michael Cohen?
Hicks: Yes, about a rumor that there was another tape out there. I asked him to call a media friend of his.
Prosecutor: Did Mr. Cohen follow up?
Hicks: I think he made the call. There was no such tape.
Hicks: At the debate Sunday in St. Louis, the Access Hollywood tape was among the first questions. After the debate, there were more reports.
Prosecution: Did you attend the rally in Greensboro NC on Oct 15?
Hicks: Yes.
[Jury hears: If 5% believe, we don't win]
Prosecutor: Who could post on [at] RealDonaldTrump?
Hicks: Only Mr. Trump and Dan Scavino.
Prosecution: Had you heard of Karen McDougal?
Hicks: I heard in November 2016.
Prosecutor: And Stormy Daniels?
Hicks: In 2015, about a celebrity golf tournament
Hicks: After I got the email from the WSJ, I thought maybe through Rupert Mudoch we could buy some time. I forwarded it to Jared Kushner, he had a relationship
Prosecutor: We offer this into evidence
Justice Merchan: Admitted
Prosecutor: Did you asked Michael Cohen for input?
Hicks: He edited my draft statement.
Prosecutor: Did you speak with Mr. Trump?
Hicks: He wanted to have an understanding. I told him what Mr. Pecker said to me, that it was a legitimate contract for services
Hicks: He did not want to use the statement we had drafted, he wanted to write his own - a denial and that we didn't know anything about this deal.
Prosecutor: When you learned that Stormy Daniels would also be in the story, did you talk with Mr. Trump?
Yes
Hicks: Yes. He said deny everything. I thought the story was not about....certain behavior.
Justice Merchan: We'll break
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They're back; Trump speaking to his lawyer Emil Bove - how will he cross examine Hope Hicks?
Justice Merchan: Please bring the witness out. Ms. Hicks, I remind you you are still under oath. Let's get the jury, please.
[Jury entering]matthewrussellleeicp.substack.com/p/extra-in-tru…
Prosecutor: Did you witness a call between Mr. Trump and Mr. Cohen about this?
Hicks: After Ohio we flew to Hershey PA and we were getting into car. I heard Mr. Trump, there is nothing memorable about the call
Prosecutor: Where did you start the day?
Hicks: Maine
Prosecutor: The story about Karen McDougal, it quoted you - can you read it?
Hicks: "We have no knowledge of any of this... untrue."
Prosecutor: Did Mr. Trump tell you to say that?
Hicks: That was the consensus.
Prosecutor: By Mr. Trump?
Hicks: No romantic affair
Prosecutor: I'm going to show up your grand jury testimony
Hicks: As I sit here now I don't have a strong memory of him telling me we have no knowledge. These were hectic conversations.
Prosecutor: It says, "Mr. Davidson also represented Stephanie Clifford"
Prosecutor: Did you text with Mr. Cohen about this?
Hicks: Yes. Nov 4-5, 2016. Michael asked, Any news?? He wrote, "I don't see it getting much play." (Laughs) A little irony there.
Prosecutor: Then what?
Hicks: Michael said, it's Getting little to no traction.
Prosecutor: Mr. Cohen wrote he had a statement from Storm- what did you take that to mean?
Hicks: I didn't know and didn't know. I just wanted to blow past it and keep going. I asked for David Pecker's number, Mr. Trump wanted to speak to him
Hicks: Mr. Trump was concerned how his wife would see it. He asked me to make sure the newspapers weren't delivered to their residence the next morning
Prosecutor: When did you start working in the White House?
Hicks: Jan 20, 2027. I left between 2018 and 2020
Prosecutor: Where did you work from?
Hicks: Just outside the Oval. There were two desks, and a vestibule with a mini fridge and a coffee machine.
Prosecutor: Who was in the second desk next to you?
Hicks: Madeleine Westerhout.
Prosecutor: Were you aware Karen McDougal sued AMI to be released from her non disclosure agreement?
Hicks: I've recently been refreshed.
Prosecutor: These text messages between you and Madeleine Westerhout, did your lawyer produce them under subpoena?
A: Yes
Prosecutor: When the Stormy Daniels story resurfaced, what next?
Hicks: President Trump told me Michael had paid about a false allegation, with him own money.
Prosecutor: What that consistent with what you knew of Michael Cohen?
Hicks: No. He was not charitable
Prosecutor: No further questions.
Cross
Trump's lawyer Emil Bove: The Trump Organization created the communications position for you?
Hicks: Yes [seems to start crying]
Justice Merchan: Ms. Hicks do you need a break? [Seems so] Jurors, please step out
They're back [in interim, some views on X for Subscribers here ]
Trump is conferring with both Bove and Blanche. Then
Hicks: Sorry about that.
Bove: You called it a family business
Hicks: Yes
Trump's lawyer Bove: You said Mr. Trump's relationship with Rhona Graff was respectful, yes?
Hicks: I really respected Rhona.
Bove: Then for the campaign, in 2015-16, Mr. Cohen wasn't part of the campaign, right?
Hicks: He would try to insert himself
Trump's lawyer Bove: Mr. Cohen was supposed to focus on Mr. Trump's business credentials - as a surrogate, yes?
Hicks: Yes.
Bove: He went rogue at times?
Hicks: He did. He liked to call himself a fixer - only because he first broke it (laughs)
Trump's lawyer Bove: President Trump's calls with Mr. Pecker didn't stick out, because he often spoke with the press?
Hicks: Right. He does a good job maintaining relationships with the media even if are negative on him.
Bove: Campaigns promote themselves?
Yes.
Trump's lawyer Bove: Campaigns do negative social media too, right?
Hicks: I've only been on one campaign, and it was a great one.
Bove: Did you travel with a laptop, send many messages?
Hicks: Yes.
Bove: There were constant inquiries about negative stories?
Yes.
Trump's lawyer Bove: Getting together to discuss coverage wasn't strange, was it?
Hicks: It wasn't.
Bove: There was the leak of President Trumps tax ingo - you also met about that?
Hicks: Yes
Bove: On Oct 8, he was worried.
Hicks: Yes, how it'd been seen at home
Trump's lawyer Bove: You've met Mrs. Trump, right?
Hicks: Yes. President Trump really respects her. She doesn't weigh in much, but when she does, he really listens.
[whiplash - see X for Subscribers:
Trump's lawyer Bove: In 2017, you didn't have anything to do with the business records of the Trump Organization 200 miles away, did you?
Hicks: No I didn't.
Bove: No further questions.
Prosecutor: I have nothing.
Justice Merchan: Please approach.
Then:
Justice Merchan: Jurors, we're going to call it a week. Do not read the news.
[Jurors and some others leave]
Justice Merchan: We can continue with the Sandoval hearing.
Trump's lawyer Blanche: He shouldn't be cross examined about your contempt findings
Prosecutor: The Court of Appeals has said that contempt findings can be heard
Justice Merchan: They won't be here. Adjourned. Stories soon, if like / can
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