Thread by @AnnaBower

Good morning ☀️ from 100 Centre Street, where Day 12 of Trump’s trial on 34 felony counts is set to resume.

@TylerMcBrien is back to live tweet minute-to-minute updates from the press room for @lawfare.

And I’ll be providing updates from courtroom 1530.

Follow along!👇

@TylerMcBrien @lawfare Who gets a golden ticket (or, rather, the white cardstock ticket) for a seat in court at Trump's trial?

50+ media organizations (including @lawfare) have a reserve seat in the courtroom.

Beyond that, it's first come, first serve.

@TylerMcBrien @lawfare There's not one but THREE lines for the overflow room--a room down the hall from courtroom 1530 where members of the press and public can watch audio-video of the proceedings.

@TylerMcBrien & Ben Wittes were in line for the overflow room this morning:

@TylerMcBrien @lawfare I'm in @lawfare's reserve seat in the courtroom today.

I'm seated on the right side of the room, close to the jury box.

I'm two rows behind the sketch artists. One of the cool things about being in the courtroom? Watching them sketch historic pieces of art in real time.

@TylerMcBrien @lawfare You can catch up on where we left off last week here:

On Friday, we wrapped up with the testimony of Hope Hicks, the former White House communications director.

On direct examination, prosecutors elicited some important testimony from Hicks: lawfaremedia.org/article/firewo…

@TylerMcBrien @lawfare As @TylerMcBrien put it, the identity of the next witness is "between the prosecution and God."

If I had to guess, I don't think we'll get to Cohen or Stormy Daniels just yet. Maybe another documents witness, or someone who can speak to record keeping practices at Trump Org.

@TylerMcBrien @lawfare The prosecution team has just arrived.

One of the lead prosecutors, Joshua Steinglass, is wearing a grey suit paired with a pink button-down.

When someone a few rows back in the gallery sneezes, Steinglass whips around: "Bless you," he mouths.

@TylerMcBrien @lawfare And now the defendant, former President Donald Trump, has arrived. Red tie today.

Once he's seated, his defense attorney, Todd Blanche, whispers in his ear.

Boris Epshteyn strolls in a few minutes later and takes a seat on the second row of the gallery behind Trump.

@TylerMcBrien @lawfare "All rise" and we're off for another day at Trump's trial on 34 felony counts.

Justice Merchan starts off will the prosecution motion for contempt.

He tells Trump he's about to issue his ruling, in which he will again find Trump in contempt of court.

@TylerMcBrien @lawfare The last thing I want to do is put you in jail, Justice Merchan says to Trump. You are the former President of the United States and possibly the next President as well.

But "going forward," he continues, "this court will have to consider jail sanctions" if necessary.

@TylerMcBrien @lawfare The next witness is Jeffrey McConney, who worked for the Trump Organization.

He's the "Trump Organization [TO] Controller" listed in the prosecution's statement of facts.

manhattanda.org/wp-content/upl…

@TylerMcBrien @lawfare Meanwhile, Justice Merchan's ruling on the People's contempt motion is out.

He finds Trump in contempt for making public statements about the jury and how it was selected. In those comments, Trump claimed that the jury was picked "so fast" and that it was "95% democrats."

@TylerMcBrien @lawfare Apologies for the delays in updates -- the internet in courtroom 1530 is once again very slow today.

But @TylerMcBrien seems to have a better connection in the overflow room:

@TylerMcBrien @lawfare McConney has been testifying about the accounting practices and processes at the Trump Organization.

This testimony is important for the jury to hear as the prosecution seeks to show that internal records of the Trump Org were falsified.

@TylerMcBrien @lawfare Now we're on the subject of Michael Cohen.

What was his position at the Trump Org?

“He said he was a lawyer," McConney replies.

Ouch.

@TylerMcBrien @lawfare McConney says that he learned from Trump Org CFO Allen Weisselberg that Cohen was owed money.

He spoke to Weisselberg about the repayment scheme to reimburse Cohen. Both McConney and Weisselberg took notes, which McConney later stored in a locked drawer in his office.

@TylerMcBrien @lawfare The prosecution walks through several exhibits that display McConney and Weisselberg's hand written notes detailing how Cohen would be reimbursed for his $130,000 payment to Daniels, including how to "gross up" the payment for tax purposes and a bonus for Cohen.

@TylerMcBrien @lawfare McConney says he was later in touch with Cohen directly about processing the reimbursement payments. He expected Cohen to submit invoices for the payments.

"Mike, just a reminder to get the invoices you spoke to Allen about," McConney wrote to Cohen in early February 2017.

@TylerMcBrien @lawfare The prosecution proffers more emails between Weisselberg and McConney, which McConney says he then forwarded to Deb Tarasoff, the accounts payable supervisor for the Trump Org.

Defense objects to admission of the emails. After a sidebar, Justice Merchan overrules.

@TylerMcBrien @lawfare I one email from Cohen to Weisselberg, Cohen wrote: "Dear Allen, pursuant to the retainer agreement kindly remit payment for services rendered for the months of January and February 2017"

But McConney says he never saw a retainer agreement.

@TylerMcBrien @lawfare The first invoices paid out to Cohen were paid using a trust account, as opposed to the "DJT" personal account.

Weisselberg approved the payment with sign off from Eric Trump and Don, Jr., writing in an email: “Ok to pay as per agreement with Don and Eric.”

@TylerMcBrien @lawfare There came a time when the payments to Cohen switched from the "trust account" to the "DJT personal account." That required Trump himself to sign the checks, as he had sole authority on that account.

Here's the People's description of the switch in its statement of facts:

@TylerMcBrien @lawfare Colangelo, for the prosecution, walks the witness through several months worth of invoices submitted by Cohen and related emails exchanged between McConney, Weisselberg, and Tarasoff.
Prosecutors say these invoices were false bc they claimed the payments were for legal services.

@TylerMcBrien @lawfare We're on a break now.

As Trump walked out, he was followed by his son, Eric Trump, and Alina Habba, an attorney who represented Trump in his civil fraud case.

@TylerMcBrien @lawfare McConney's testimony thus far has been boring but essential. Over the past two weeks, the prosecution has told the story of a conspiracy to influence the election. Now its focus has shifted to the allegedly false business records they say were used to cover up that conspiracy.

@TylerMcBrien @lawfare We're back after a morning break. McConney is back on the stand.

He's an older gentleman with a ruddy complexion, a goatee, and a mop of white hair.

As Colangelo resumes his direct examination, McConney puts on his glasses to view the exhibits on the screen in front of him.

@TylerMcBrien @lawfare Much like McConney's testimony, the internet in courtroom 1530 is still crawling at a snail-like pace. Sorry, folks!

But, mercifully, Colangelo has just finished his direct examination of McConney.

Bove jumps up for cross examination.

@TylerMcBrien @lawfare We start with Cohen.

Cohen was a lawyer, right? Okay. Sure.
Payments to lawyers are legal expenses, right? Yes
And you booked those expenses as legal expenses, right? Yes.
You rarely had convos with President Trump? Very rarely.

@TylerMcBrien @lawfare You didn’t talk to Trump about events in 2016, 2017, 2018? Right? Ever? Ever.
Trump did not ask you to do any of those things? Right.
None of the convos with Weisselberg suggested that DJT had told him to do those things? Right.
Never spoke to Cohen about these issues? Right.

@TylerMcBrien @lawfare Jan. 2017 was a period of "flux and chaos" at Trump Org? Right.
That’s bc Trump became President? Yes
You were trying to figure out how to operate w/o Trump in New York? Yes
Trump’s assets moved into Trust around that time? Yes

@TylerMcBrien @lawfare Trump’s assets moved into a trust around that time? Yes.
You understood the purpose of the trust was to eliminate potential conflicts of interest? No idea.
Sheri Dillon helped develop the trust? Yes.
She’s a lawyer? Yes.

@TylerMcBrien @lawfare You testified on direct that there were two trustees to the trust? Yes.
One of Trump’s sons and Weisselberg? Yes.
500 entities rolled up into this trust? To my knowledge.
Among those entities, there were thousands of employees? Yes.

@TylerMcBrien @lawfare Hotels with 10s of thousands of guests? Yes
Golf courses with thousands of members? Yes
Facilities had events and weddings? Yes.
Different types of partners all over world? Yes.

@TylerMcBrien @lawfare Real commercial risk to adverse publicity? I’m not a marketing professional.
Bad publicity is bad for business? Yes.

@TylerMcBrien @lawfare Trump had a separate ledger for personal expenses? Yes.
So that could include utility bills? Yes.
Educational expenses for children? Yes.
And this was part of separate general ledger? Yes.

@TylerMcBrien @lawfare There were times when Trump’s cash position was in hundreds of millions? Yes.
Time when at least 60 million in unrestricted cash? At least.
Understood reports to be accurate? Yes.
These things are true, right? Yes.

@TylerMcBrien @lawfare With this line of questioning, Bove seems to be underscoring a key theme for the defense: That Trump's business empire is far too vast, and that his transition to the White House far too busy and chaotic, for him to be responsible for falsifying business records.

@TylerMcBrien @lawfare You said you learned in early 2017 that Cohen was seeking reimbursement? Yes.
Weisselberg didn't say what for in Jan. 2017? Correct.

@TylerMcBrien @lawfare Cohen's invoices said they were "pursuant to the retainer agreement."

You never saw a retainer agreement. But retainer agreements can be verbal, can’t they? To my knowledge, McConney replies.

@TylerMcBrien @lawfare And now we're on lunch break.

Back at 2:15 pm!

@TylerMcBrien @lawfare The quest for a regular lunch spot continues.

It's pho time for the @lawfare team today.

"This might be our spot," according to fearless leader and #1 wearer of dog shirts, Ben Wittes.

@TylerMcBrien @lawfare Now we're back and ready for the next witness at Trump's criminal trial: Deborah Tarasoff, the accounts payable supervisor at the Trump Org.

I'll provide updates where possible, but my internet connection in courtroom 1530 is still spotty. Follow @TylerMcBrien for live tweets!

@TylerMcBrien @lawfare Court is done for the day, but @lawfare's coverage is not!

Join me, Ben Wittes, and @TylerMcBrien as we discuss what happened in court. Live at 5:30 p.m. ET: