Thread by @AnnaBower

Good morning from Manhattan criminal court, where Trump’s trial is set to resume.

It’s a big day: Michael Cohen—the former “fixer” at the center of the events underlying Trump’s charges—is set to testify.

I’m here for @lawfare alongside @TylerMcBrien.

Follow along 🧵⬇️

Last week, we heard from another central figure in the case: Stormy Daniels, the adult film actor to whom Cohen paid $130,000 in exchange for her silence about an alleged affair with Trump.

Catch up on where we left off last week here:
lawfaremedia.org/article/stormy…

Cohen’s testimony is crucial.

Prosecutors need to show that Trump caused or directed the entry of false business records as a part of the scheme to reimburse Cohen for the Daniels payment.

We have yet to hear direct evidence of Trump’s involvement — but Cohen can speak that.

Cohen can also testify to another key element that the prosecution must prove beyond a reasonable doubt: That Trump's caused the falsification of business records with intent to defraud and with intent to violate some other law.

lawfaremedia.org/article/what-m…

We don’t know precisely what Cohen will testify to today. But the People’s statement of facts provides a preview of what to expect.

First, expect testimony that Trump directed Cohen to pay Daniels the hush money in the lead up to the election -- and promised to pay him back.

To that end, I expect that we'll hear about a phone call between Trump and Cohen that took place around the time that Cohen opened the bank account he used to pay Daniels.

Indeed, we may hear about a series of phone calls that occurred around the time Cohen opened that account.

Last week, prosecutors admitted phone records into evidence that show a series of calls between Cohen and others around the time he opened the account to pay Daniels.

My notes (compiled from the phone records) show a succession of calls that we may hear more about today.

Moving from the Daniels payment to the reimbursement scheme, expect to hear more about a meeting between Cohen and Allen Weisselberg sometime in January 2017.

Prosecutors allege that Weisselberg and Cohen discussed how to structure the reimbursement payments at this meeting.

Finally, I expect that we'll learn more about the allegation that Trump personally agreed to the specifics of the reimbursement scheme -- and that he "confirmed" the repayment arrangement during a February 2017 meeting with Cohen in the Oval Office.

There will be much more to Cohen's testimony, to be sure, but at a minimum the prosecution will seek to establish the facts set out in its statement of facts.

documentcloud.org/documents/2374…

But we will see what the day holds!

And now, as Justice Merchan sweeps into the room, we are ready to begin.

Trump is seated at the defense table, wearing a blue striped tie today.

Eric Trump is seated in the row behind him.

We start off with an outstanding matter from Friday: Can the prosecution introduce into evidence the separation agreement between Weisselberg and the Trump Organization? They wanted to use the agreement to help explain his absence at this trial.

Justice Merchan says that after mulling the issue, he will not allow the agreement into evidence. It's not probative evidence of the crimes charged, according to the judge.

And now the jury files back in.

"The People call MICHAEL COHEN."

Cohen steps up to the witness stand. He's wearing a charcoal suit, crisp white shirt, and a pink tie.

The prosecution must have heaved a sigh of relief that he did not show up wearing the shirt he wore in a TikTok video last week, which featured an image of Trump behind bars.

Cohen, speaking slowly in his thick New York accent, talks about his family and educational background.

He's 57, a lawyer, went to American University. At one point, he invested in the taxi medallions. He's also been involved in real estate deals.

In 2007, Cohen left his law firm to go work as special counsel at the Trump Organization.

Do you see Trump in court today? I do.

Cohen identifies his former boss turned nemesis and criminal defendant: "He's wearing blue-and-white tie."

Before Cohen moved over to Trump Org, Cohen presented Trump with a bill for 100K, which Trump owed for work Cohen's firm did on a real estate transaction. Trump told Cohen to come work for Trump Org, and Cohen agreed. Later, when Cohen mentioned the bill owed to his law firm, Trump said "Do you want to get fired on your first day?" The bill never got paid, Cohen says.

Cohen was in his thirties when he started working for Trump Org. His position was executive vice president and special counsel to Donald J. Trump.

Cohen handled "whatever concerned [Trump], whatever he wanted."

Cohen said that he always reported directly to Trump. There were times when he asked Cohen to negotiate payments or bills. He provides an example: Trump University ran into trouble, and there were vendors who were unpaid. Cohen contacted the vendors, negotiated a reduction in what was owed.

Cohen discusses how he advised Trump of his task to negotiate the payment reduction with the vendors. "Fantastic" was Trump's response.

Cohen describes hearing his approval as the "best feeling in the world."

Did you threaten to sue people on behalf of Trump during your time at Trump Org? Yes.

He provides an example: If the press said something that angered him, he would reach out to the press and request that they redact or take the article down or else Trump would sue.

Cohen sometimes did personal work for Trump. Trump once had a flood in his apartment, which caused damage in the bathroom. Cohen handled the adjustment with the insurance company.

Cohen frequently worked w/ members of the press, particularly if there was an article about Trump that caused him "displeasure."

During most of the time that Cohen worked at Trump Org, he worked in an office about 50 feet from Trump.

He spoke to Trump every single day, multiple times a day prior to 2016.

Generally, they spoke in person or on cell phone.

Sometimes, Cohen contacted Rhona Graff (Trump's executive assistant), Keith Schiller (Trump's bodyguard), or Hope Hicks to get in contact w/ Trump.

Trump did not use email.

Trump once commented to Cohen: "There are too many people who have gone down as a direct result of having emails."

As a part of his work at Trump Org, Cohen kept Trump updated about matters he handled for him.

Cohen: When he tasked you with something, he would say 'Keep me informed, let me know what's going on.' Especially if it was a matter that was troubling to him.

Was it your sense that he was a micro-manager?

Yes, ma'am, Cohen replies.

This line of questioning is an effort to underscore the prosecution's portrayal of Trump as detail-oriented and involved in day-to-day financial transactions.

Cohen says he occasionally lied in the course of his work on behalf of Trump.

In connection with his work for Trump, some have called Cohen a "fixer."

It's a "fair" description, Cohen says.

Do you know David Pecker? I do, Cohen says. We had mutual friends. We met at a function in Long Island. But Cohen didn't speak to him regularly before he joined Trump Org.

Once he was at Trump Org, Cohen spoke to Pecker mostly by phone but sometimes by Signal, the encrypted messaging app. They spoke on Signal for matters that they wanted to keep "confidential."

Prior to June 2015, Cohen spoke to Pecker on matter regarding Trump, but "rarely."

Prior to Trump announcing his run for the presidency, are you aware of any stories AMI paid for to suppress negative info about Trump? I am not.

Cohen says he also knows Dylan Howard, the former editor-in-chief of the National Enquirer. He also spoke with Howard on phone and via Signal, the encrypted messaging app.

Cohen discusses Trump's decision to run for president. In 2011, Cohen saw a poll in an article, which he showed Trump. The poll showed a significant % of people who wanted Trump to run.

Trump decided not to run for president in 2011. There were several large real estate projects going on, plus a new season of The Apprentice.

"You don't leave Hollywood, Hollywood leaves you," Trump told Cohen.

For years after that, Trump promised Cohen he was running in 2015. In the summer of 2015, Trump announced his candidacy. But Cohen wasn't a part of the official campaign -- he was a "surrogate." He would make TV appearances on networks for Trump.

Around the time that the campaign began, Trump expressed concern about negative stories coming out about him.

He told Cohen: "There's going to be a lot of women coming forward."

Cohen discussed the August 2015 meeting w/ Trump and Pecker at Trump tower. Pecker told them that he could place positive stories about Trump and negative stories about his opponents. And Pecker said he could tip off Cohen about negative Trump stories on the market.

Cohen recalls some of the negative stories that Pecker's magazines ran about Trump's opponents. Stories about Ted Cruz's father, Marco Rubio, Hillary Clinton.

According to Cohen, the covers of these stories were sometimes sent over to Trump. Why? To show that David Pecker was "loyal" and doing what he promised to do during the August 2015 meeting.

Hoffinger, for the prosecution, displays an email exchange between Cohen and Barry Levine of the National Enquirer in Jan. 2016. Cohen suggests edits for a forthcoming story about Trump ("The Donald Trump Nobody Knows!"). The Enquirer agreed to make the edits, Cohen says.

This is an example of working with AMI to get articles out that benefitted Trump's campaign, Cohen testifies.

Now Cohen turns to examples of suppressing negative Trump stories, starting with AMI's payment to Dino Sajudin, Trump's former doorman.

"You handle it," Trump said to Cohen when he heard about the Sajudin story, in which Sajudin alleged that Trump had an illegitimate child.

Cohen worked with Howard and Pecker to squash the story.

Howard and Pecker updated Cohen about their efforts to buy the story, and Cohen "immediately" informed Trump about the updates when they did so.

Cohen explains that he learned AMI reached an agreement w/ Sajudin to pay him $30,000 to take the story "off the market."

At some point, AMI sent the agreement w/ Sajudin to Cohen. Cohen reviewed it to ensure that Trump was "fully protected." He also wanted to show the agreement to Trump.

After Cohen reviewed the Sajudin agreement, he told AMI there needed to be a "significant penalty" for any violation of the terms of the agreement. And he wanted the agreement to be "in perpetuity," meaning forever.

The prosecution displays an amendment to Sajudin's contract, included in the agreement as a result of Cohen's suggestions.
Cohen told Trump about this, in part so he could "get credit" with Trump. Trump said: "That's great."

We now turn to the Karen McDougal story. When Cohen told Trump about the story, he said "She's really beautiful." Cohen said, ok, but there's a story that is right now being shopped.

Trump asked Cohen to make sure the story didn't get released. Cohen took that to mean that they needed to acquire the story. So Cohen reached back out to Pecker and Howard.

As with the Sajudin story, Cohen says that AMI (Pecker and Howard) continued to update him as they negotiated w/ McDougal's attorney.

We see text messages from June 2016, in which Pecker and Howard update Cohen on a planned meeting w/ McDougal's team.

And then we see text messages from that same day, in which Cohen speaks to Keith Schiller, asking where Trump was. He was trying to get in touch w/ Trump about the McDougal matter. It's an example of Cohen updating Trump on the matter.

We also see text messages between Howard and Cohen from a few days later--June 20, 2016. Howard discuses setting up a call to discuss the progress of the deal. And he tells Cohen that he's got the deal "locked down" for Cohen.

Cohen discusses a meeting w/ Trump in which Trump called Pecker to discuss the McDougal matter. During that conversation, Trump asked Pecker how things were going. David said "we have this under control, and we'll take care of this."

There was discussion of how much it might cost AMI to buy the McDougal story. Pecker said it would cost AMI 150K. Trump said "no problem, I'll take care of it."

But it was understood that AMI would put up the initial money.

AMI reached a deal with McDougal. Cohen informed Trump. His reaction? "Fantastic."

After AMI signed the deal w/ McDougal, Pecker asked Cohen when he could expect to receive the 150K back from Trump. Why? "It was too much money for him to hide from the CEO of the parent company," according to Cohen. So he was putting pressure on Cohen to get reimbursed.

Cohen and Pecker met at an Italian restaurant. Pecker expressed his anger that he had not been paid back. Cohen assured him that he would be paid back.

Pecker told Cohen about a series of files that the National Enquirer had that related to Trump. Cohen didn't know what other stories about Trump might be in the files, but Pecker told Cohen that there could be a way to buy them as a part of the same transaction that would involve Trump buying the McDougal life rights from AMI.

Cohen discusses recording a conversation w/ Trump regarding the McDougal payment in Trump's office. He used voice memos. Trump was not aware that he recorded the conversation.

In the recording, Cohen discusses the potential purchase of the McDougal life rights & the files from AMI.

"I need to open up a company for the transfer of all of that info regarding our friend, David," Cohen says.

On the recording, Cohen also tells Trump that he discussed how to "set the whole thing up" w/ Weisselberg.

"So, what do we got to pay for this? One-fifty?" Trump says. Trump also seems to instruct Cohen to "pay with cash," but the audio is a bit garbled.

What was the reason for talking about opening up a company?

To keep it away from Mr. Trump. For privacy purposes, and for the benefit of Mr. Trump.

You mentioned conversation with Allen Weisselberg? Yes, bc Trump had previously directed me about speaking w/ Weisselberg to get this matter handled. Cohen knew they would need money, and "every penny that came in or out" went through Weisselberg's office.

When Trump said, "what do we have to pay for this? one-fifty?," Cohen says that Trump said the number one fifty bc he already knew the figure paid by AMI based on conversations w/ David.

[Pardon the interruption, had to step out for a TV spot @MSNBC]

But we're back from the break now. And Cohen is talking about his conversations w/ Weisselberg regarding potential repayment to AMI for McDougal deal.

@MSNBC [An aside: Todd Blanche has been on objection duty for Trump's team during Cohen's direct examination. That suggests Blanche will conduct the cross examination of Cohen. IMO, a mistake! Blanche has many gifts as an advocate but Emil Bove is the most skilled at cross.]

@MSNBC Cohen now discusses the (ultimately botched) plan to reimburse AMI for the McDougal deal. We see an invoice from "Investor Advisory Services"--created by AMI employee Daniel Rotstein.

@MSNBC The invoice from Investor Advisory Services said the 125K requested payment was a "flat fee" for "advisory services." That was not a truthful description of what the payment was for, Cohen testifies. It was for McDougal's life rights.

@MSNBC Hoffinger asks Cohen about Oct. 7, 2016. Cohen was in London for his daughter's 21st birthday. While he was there, the Access Hollywood tape was released. He received a call from Hope Hicks, then comms director for the Trump campaign, about the tape.

@MSNBC Cohen also spoke to Steve Bannon about the tape. Hoffinger offers into evidence an email exchange between Bannon and Cohen about the tape.

@MSNBC The email chain forward by Bannon to Cohen is the same chain that included the WaPo request for comment about the Access Hollywood tape. Cohen wrote to Bannon: "It's all over the place. Who is doing damage control here?"

@MSNBC On Oct. 8, Cohen was still in London. He had calls with Hope Hicks during that time. At one point, Trump joined a call w/ Hicks, and Cohen had a separate call w/ Trump.

@MSNBC When Cohen had the calls w/ Trump, he was with his family and friends having dinner in London. Trump wanted Cohen to reach out to all contacts in media to put a "spin" on the tape. The "spin" he wanted was that it was just "locker room talk." That's what Melania thought it was..

@MSNBC Cohen reached out to members of the media after the call with Trump. He had conversations w/ the press about the matter. The recording was quite damaging and members of the press wanted comment, Cohen says.

@MSNBC We see text messages between Cohen and Chris Cuomo, the former CNN anchor.

Cuomo: You going to defend him?
Cohen: I'm in London. I have been asked by everyone to do shows starting Tuesday. Not sure what I will do.
Cuomo: Will be too late. He is dying right now.

@MSNBC This was about a month before the election. It's one example of communications Cohen had with members of the press about the Access Hollywood tape.

Cohen understood the tape would be "impactful," particularly w/ women voters.

@MSNBC The prosecution displays an email from Howard to Cohen dated Oct. 8, 2016, regarding a RadarOnline story called "Donald Trump, Playboy Man." Cohen had asked Howard to take it down bc he believed it would be damaging to Turmp/the campaign.

@MSNBC Now we start getting to the Stormy Daniels deal. Cohen says he heard from someone--he believes it was Howard--that Daniels was shopping a story about Trump. This was around Oct. 8, 2016.

@MSNBC Cohen knew who Daniels was because some years before he had worked to get a story removed about Trump and Daniels from a blog called .

If the story came out about Daniels in October of 2016, Cohen says, it would have been "catastrophic" for the campaign.TheDirty.Com

@MSNBC Cohen recounts a conversation w/ Trump that he had about Stormy Daniels after story in 2011. He asked Trump if he knew who she was. He said he did. Trump said "take care of it" regarding the DanielsTheDirty.com

@MSNBC *Trump said "take care of it" regarding the Daniels story.

@MSNBC Cohen also says that he succeeded in ensuring that Daniels's interview about Trump w/ InStyle magazine in 2011 didn't come out.

@MSNBC Between that time in 2011 and 2016, Cohen hadn't heard anything else about the Stormy Daniels story. But then he heard from Howard that the story had "resurfaced." He was told that Keith Davidson was representing Daniels.

@MSNBC On Oct. 10, Howard connected Cohen with Davidson via text.

The prosecution displays the texts:

@MSNBC The "business opportunity" Howard cryptically alluded to in the text was the opportunity to buy Daniels's life rights and squash the story about Trump, according to Cohen.

@MSNBC Trump was angry when he heard that Daniels was shopping the story. "I thought you had this under control," he told Cohen. "Just take care of it."

If the story got out, Trump said, "women will hate me...guys, they think it's cool, but this will be a disaster for the campaign."

@MSNBC At the time, Cohen says, Trump was polling very poorly with women. This, coupled with the Access Hollywood tape, would have been a "disaster."

Trump told Cohen to "work with David" and "stop this from getting out."

@MSNBC There were negotiations to purchase the Daniels life rights. Regarding the timing of a potential payment, Trump told Cohen to "push it out as long as you can" past the election. If I win, Trump said, then it no longer has relevance. If I lose, then I don't really care.

@MSNBC Cohen also says that Trump wasn't thinking about Melania. This was all about the campaign.

@MSNBC We see an Oct. 11, 2016 email from Keith Davidson to Michael Cohen. Davidson summarizes the deal for Daniels's story: 130K, with a funding deadline of Oct. 14, 2016. The agreement would use pseudonyms for Trump and Daniels (David Dennison and Peggy Peterson, respectively.)

@MSNBC At this point, neither Trump nor Cohen had signed the agreement. Why? Because it was all about delay for Trump, Cohen says. Delay past the election.

@MSNBC And now we're taking our lunch break.

What's on the menu for the @lawfare team today?

Stay tuned.....

@MSNBC @lawfare We’re back at Cafe Lafayette for lunch. Our first repeat lunch!

I forgot to take a picture of my chicken caesar wrap.

But here’s @hugolowell and @kyledcheney waiting to place their orders.

@MSNBC @lawfare @hugolowell @kyledcheney "All rise!" and we are back in action after lunch.

Cohen is back on the stand.

Hoffinger resumes her direct examination on behalf of the People.

@MSNBC @lawfare @hugolowell @kyledcheney We're talking about the events leading up to Cohen's payment to Daniels.

We see an email from Cohen to Davidson, in which he explains that he had not been able to send payment to Daniels because of the Yom Kippur holiday.

This was part of the delay strategy, he explains.

@MSNBC @lawfare @hugolowell @kyledcheney Next, Hoffinger displays emails to and from Gary Farro--Cohen's banker at First Republic. It's dated mid-October 2016. Cohen was trying to set up an LLC for a company called Resolutions Consultants. He was doing what he thought needed to be done to make the payment, he says.

The prosecution displays paperwork Cohen filled out to establish his bank account for Resolution. He described his business as a real estate consulting firm. Cohen testifies that this was not truthful. He described it as such bc he thought the bank would not open an account if they knew it was to make a payment to an adult film store.

Cohen explains why he didn't end up opening the Resolutions LLC account: It was the name of a company of someone he knew and he didn't think they would appreciate it if he used the same name. So he ultimately opened another bank account for a company called Essential Consultants LLC.

(I'm sure David Dennison wishes Keith Davidson had been that considerate!)

@MSNBC @lawfare @hugolowell @kyledcheney On Oct. 17, 2016, Davidson wrote Cohen to say that Daniels considered the agreement "void ab initio" because Cohen had failed to pay the agreed upon 130K sum.

Cohen was "very concerned."

@MSNBC @lawfare @hugolowell @kyledcheney Cohen reads his text messages with Dylan Howard from that time. Howard told Cohen that Daniels's story was going to end up in the Daily Mail.

Cohen says he told Trump that. We see a call log showing that Cohen called Trump at that time.

@MSNBC @lawfare @hugolowell @kyledcheney Cohen told Trump that the story was going to the Daily Mail and that they would not be able to delay past the election. He left Trump a voicemail to that effect.

Cohen did not believe at the time that he could continue to delay the story past the election.

@MSNBC @lawfare @hugolowell @kyledcheney Now we see paperwork Cohen filled out that day--Oct. 17, 2016--for the Essential Consultants LLC. Cohen says he filled it out that day so he could have a "vehicle" to pay Davidson if needed.

@MSNBC @lawfare @hugolowell @kyledcheney On the morning of Oct. 18, 2016, Melania Trump sent Cohen a text: "Good morning Michael. Can you please call DT on his cell."

Cohen replied: "Of course."

@MSNBC @lawfare @hugolowell @kyledcheney Cohen spoke to Trump that day on the phone.

That evening, Cohen went on Wolf Blitzer's show on CNN. He told Trump he was going on CNN. He was going on as a surrogate to the Trump campaign.

@MSNBC @lawfare @hugolowell @kyledcheney Cohen describes his appearance on Wolf Blitzer: "I advocated for Mr. Trump in the best light possible" and said I have never seen him act that way towards women.

He felt additional pressure to close the Daniels deal as a result.

@MSNBC @lawfare @hugolowell @kyledcheney When Cohen spoke to Trump, he was told "Just do it," regarding the payment to Daniels. He told Cohen to discuss how to do it with Allen Weisselberg.

@MSNBC @lawfare @hugolowell @kyledcheney Cohen spoke to Weisselberg. He said "can we get AMI to pay it?" Cohen said no.

@MSNBC @lawfare @hugolowell @kyledcheney Weisselberg discussed several options. One was whether Cohen knew someone who wanted to purchase a golf membership or have an event at one of the Trump properties who might be interested in paying it and then having that be a credit off their invoice...

@MSNBC @lawfare @hugolowell @kyledcheney That wouldn't work, Cohen says, bc it would be connected to a Trump property and the whole point was to have it be separate from Trump.

@MSNBC @lawfare @hugolowell @kyledcheney Cohen asked Weisselberg why he--Weisselberg-- couldn't just pay it. Weisselberg said that he couldn't do it, so Cohen offered to do so. Weisselberg said don't worry, you'll get paid back.

@MSNBC @lawfare @hugolowell @kyledcheney Cohen had conversation with Trump about it, told him he would front the money. "Good, good," Trump said. Trump assured him he would get paid back.

@MSNBC @lawfare @hugolowell @kyledcheney Prosecutors display a call log showing a series of calls between Cohen and Weisselberg. The call on Oct. 25 was an after hours call, which was an unusual time for Cohen to speak w/ Weisselberg. But it was "urgent," Cohen says, because the call was about the Daniels matter.

@MSNBC @lawfare @hugolowell @kyledcheney We also see a call log showing a call from Cohen to Keith Schiller on Oct. 24. Cohen reached out to get in touch with Trump and to inform him that he was going forward with the plan to pay Daniels.

On Oct. 25, 2016, Cohen had a call with Dylan Howard and David Pecker. It was about resolving the NDA w/ Daniels. Howard told Cohen that it needed to get done, that Daniels was going to the Daily Mail. Cohen asked Pecker to make the payment. "I figured, why not ask?" He said "not a chance."

@MSNBC @lawfare @hugolowell @kyledcheney Cohen said he would take care of it.

Hoffinger: You said you spoke to Pecker sometimes by Signal?

Cohen: I did.

Hoffinger displays an exhibit, which only Cohen and the parties can see at the moment.

@MSNBC @lawfare @hugolowell @kyledcheney The messages are admitted into evidence.

Now Hoffinger displays the exhibit for everyone, which shows a series of phone calls between Pecker and Cohen that occurred via Signal. The calls were about the Daniels matter, Cohen says.

@MSNBC @lawfare @hugolowell @kyledcheney We also see a series of calls between Cohen and Davidson from around this time. Again, Cohen testifies, the calls were about the Daniels matter.

@MSNBC @lawfare @hugolowell @kyledcheney We go back to Cohen's call with Allen Weisselberg on Oct. 25 at 7L323 pm. It was to go over the deter;s regarding funding the Daniels deal.

@MSNBC @lawfare @hugolowell @kyledcheney The next day, on Oct. 26, Cohen spoke to Trump before he went to set up account at First Republic. He wanted to assure that "once again he approved what I was doing." He laid out what was going to happen. He told him he was going to get the bank account set up.

@MSNBC @lawfare @hugolowell @kyledcheney Prosecutor: Would you have made the payment without Mr. Trump's approval?
Cohen: No.

@MSNBC @lawfare @hugolowell @kyledcheney Hoffinger focuses on the quick succession of events after Cohen's 8: 34 am call with Trump on Oct. 26, 2016.

Shortly after 9 am that morning, Cohen got to work on opening the Essential Consultants LLC account.

Hoffinger walks Cohen through the "Know Your Customer" form filled out to open his Essential Consultants account with First Republic.

As he did with Resolution consultants, Cohen confirms that "management consulting" was not a true description of the purpose of the account.

pdfs.nycourts.gov/PeopleVs.DTrum…

@MSNBC @lawfare @hugolowell @kyledcheney Now we're walking through the agreement with Stormy Daniels. Cohen acknowledges that he signed the agreement. Cohen explains why Trump didn't sign: He wasn't required to do so.

@MSNBC @lawfare @hugolowell @kyledcheney Now we're talking about the campaign's response to the McDougal story published by the Wall Street Journal in Nov. 2016.

Hoffinger shows Cohen the draft statement Hope Hicks prepared in response. Cohen provided suggested edits, blaming "liberal media" and "Clinton machine."

@MSNBC @lawfare @hugolowell @kyledcheney Cohen also reached out to Keith Davidson, who had represented McDougal in her deal with AMI. Cohen discussed whether McDougal was "under control." He wanted to make sure she wasn't "going rogue." "I wanted to ensure Mr. Trump was safe." Cohen says he was angry.

@MSNBC @lawfare @hugolowell @kyledcheney Blanche: Object, leading the witness. Sustained.

Hoffinger *has* been leading the witness quite a bit here -- perhaps in the hopes that Cohen won't go off script. But I'm not sure that necessary. Thus far, he's been subdued, collected, and concise on the stand.

@MSNBC @lawfare @hugolowell @kyledcheney We see a Nov. 4, 2016 message from Trump's bodyguard to Cohen. The bodyguard, Schiller, asks if Cohen can take a call with Trump. Cohen says he had that call around 9:06 pm. It lasted about 5 minutes.

@MSNBC @lawfare @hugolowell @kyledcheney During that call, Cohen says, they discussed how the McDougal story was a "serious problem." Cohen told Trump that he'd talked to Pecker, Davidson, and Howard and would do everything in their power to "protect Mr. Trump."

@MSNBC @lawfare @hugolowell @kyledcheney Trump was angry because there was once again a negative story that could impact the campaign as a result of women, Cohen says.

@MSNBC @lawfare @hugolowell @kyledcheney We take our afternoon break.

Once the jury files out of the room, Justice Merchan asks how much longer the prosecution estimates for its direct examination.

Hoffinger replies that she expects to go into tomorrow.

@MSNBC @lawfare @hugolowell @kyledcheney The jurors file back in. They've remained alert during the proceedings today. Many of them have been taking notes throughout the day. (Or perhaps they're just doodling...)

@MSNBC @lawfare @hugolowell @kyledcheney With Cohen back on the stand, we turn to his text messages with Hope Hicks in the wake of the McDougal story by the Wall Street Journal.

At one point, Hicks asked Cohen for Pecker's phone number. The[y] spoke, she wrote to Cohen later.

After Trump was elected to the presidency, Cohen explains, there were discussions about potential roles for Cohen in the White House.

Reince Priebus offered the role of assistant general counsel. Cohen didn't want the role. He was disappointed that he wasn't offered Chief of Staff.

@MSNBC @lawfare @hugolowell @kyledcheney He didn't want the role, Cohen explains, but he wanted his name to be in the mix.

"It was more about my ego than anything," Cohen testifies.

At some point between November and December 2016, he pitched a different role for himself to Trump: "personal attorney to the President." He wanted that role bc "he would need it"--there were still outstanding matters they were dealing with. Cohen felt he could help protect Trump in that role.

@MSNBC @lawfare @hugolowell @kyledcheney Cohen also thought that the title "personal attorney to president" would open him up to consulting deals. So he pitched the title to Trump around November or December.

@MSNBC @lawfare @hugolowell @kyledcheney Cohen says they didn't discuss compensation, because he didn't expect to be compensated. The compensation would come from the consulting jobs Cohen would get as a result of being named "personal attorney to the president."

@MSNBC @lawfare @hugolowell @kyledcheney Hoffinger offers into evidence a series of text messages between Cohen and his daughter. "My daughter and I are very close," Cohen says. She was concerned that he was upset about not being considered for the role of Chief of Staff.

@MSNBC @lawfare @hugolowell @kyledcheney Cohen explained that he still had other "hybrid" opportunities in government -- meaning the personal attorney position, which would allow him to work both in government and in consulting.

@MSNBC @lawfare @hugolowell @kyledcheney Hoffinger turns to Cohen's year-end bonus at the Trump Organization that year. It was customary, he says, for employees to receive bonuses at the end of the year.

For December 2016, Cohen says his bonus was cut by two-thirds. He was "angry, very angry."

@MSNBC @lawfare @hugolowell @kyledcheney Cohen had not yet been paid back for the Stormy Daniels payment yet either. It was "insulting" after everything he had done for Trump.

"I actually had to do a double take" when I saw the bonus, Cohen testifies.

@MSNBC @lawfare @hugolowell @kyledcheney Cohen immediately went to Weisselberg's office.

"I used quite a few expletives," he says. He reminded Weisselberg that he was the one who made the Stormy Daniels payment. He said something to the effect of "And this is what I get?"

@MSNBC @lawfare @hugolowell @kyledcheney Weisselberg said "We're gonna make this right." He told him to relax, Mr. Trump will take care of you.

Weisselberg told Cohen they would deal with it after the holidays.

@MSNBC @lawfare @hugolowell @kyledcheney Cohen went away on vacation. Just before New Year's, Trump called to say happy holidays.

Trump said he spoke to Weisselberg.

"Don't worry about that other thing, I'm going to take care of it when you get back," he said. Cohen took that to mean the diminished bonus.

@MSNBC @lawfare @hugolowell @kyledcheney After the New Year, Cohen spoke to Weisselberg again about the Daniels reimbursement. Weisselberg said "Let's do it."

He asked for Cohen to bring a copy of the statement showing the 130K transfer from First Republic to Daniels' attorney.

@MSNBC @lawfare @hugolowell @kyledcheney The meeting was also about other outstanding financial matters, including the bonus and reimbursement for the expenses Cohen had fronted to a company called Redfinch.

@MSNBC @lawfare @hugolowell @kyledcheney Weisselberg wrote notes on the copy of the bank statement showing the 130K payment. Weisselberg told Cohen to add up the 130K plus 50K owed for Redfinch expenses. Then Weisselberg said what he was going to do was "gross up" the payment for tax purposes.

@MSNBC @lawfare @hugolowell @kyledcheney Did he tell you he wanted to gross up number from 180K to 360K? Yes
But you've received reimbursement for legal expenses before from the Trump Organization, and it's not grossed up? No
And so it was his suggestion that you take it as income as opposed to a reimbursement? Yes

@MSNBC @lawfare @hugolowell @kyledcheney What else would you be paid as a part of this payment scheme discussed at the meeting with Weisselberg? An additional 60K bonus. He thought this would be an amount that would "make it right."

On the issue of Weisselberg telling you they would gross up the 180K you expended, what was your understanding in terms of Weisselberg's background? He's Trump's CFO for four decades, he worked w/ outside tax accountants, and he oversaw the accounting department. "Certainly he knows more than I do," about taxes and accounting, Cohen says.

@MSNBC @lawfare @hugolowell @kyledcheney What was your understanding about why he wanted to gross up the payment? "Frankly, I didn't know, I just wanted to get my money back."

@MSNBC @lawfare @hugolowell @kyledcheney Now Cohen turns to a meeting w/ Trump and Weisselberg at Trump Tower. Weisselberg said "We're going to pay you over 12 months." It'll be paid out to you monthly, Weisselberg said, as "legal services rendered" since Cohen was being given title of personal attorney.

@MSNBC @lawfare @hugolowell @kyledcheney During that meeting, Weisselberg showed Trump the handwritten notes he made during the meeting with Cohen that detailed the payment scheme.

@MSNBC @lawfare @hugolowell @kyledcheney What if anything did Trump say? He approved it. He said it was going to be "one heck of a ride" in DC.

Did Weisselberg say that these payments would be monthly payments for legal services? Yes.

@MSNBC @lawfare @hugolowell @kyledcheney You had sense they spoke about it previously? Yes. They always played that type of game... I had been around long enough to know this convo had already taken place between the two.

Objection, overruled.

@MSNBC @lawfare @hugolowell @kyledcheney The meeting w/ Trump and Weisselberg was around Jan. 17, 2017, according to Cohen.

Did Weisselberg ever give you a copy of the handwritten document setting out the payment scheme? No

@MSNBC @lawfare @hugolowell @kyledcheney It was during this meeting or shortly thereafter, Cohen says, that he was offered the title of personal attorney for the president. On Jan. 18, he went on Hannity's show and announced his new title.

@MSNBC @lawfare @hugolowell @kyledcheney Weisselberg told Cohen that the payments would begin in February, according to Cohen.

He told Cohen "each month, just send an invoice to us, and just mark down for legal services rendered pursuant to the agreement....and we'll get you a check out."

@MSNBC @lawfare @hugolowell @kyledcheney Cohen never had a conversation with Trump about compensation for the personal attorney role, he says.
"He had given me this title...so I knew there would be no compensation."

@MSNBC @lawfare @hugolowell @kyledcheney Are you aware that when attorneys represent a client and receive compensation they are required to put together written agreement or engagement letter? Yes

Ever do that for your personal attorney role for Trump? No ma'am.

Why? I knew there would be no compensation.

@MSNBC @lawfare @hugolowell @kyledcheney Judge, is this a good time to break? Hoffinger asks now.

Judge Merchan gives the jurors the usual instructions.

Cohen takes a long swig of water as he waits to step down from the witness stand.

@MSNBC @lawfare @hugolowell @kyledcheney "I'll see you tomorrow at 9:30," Merchan says.

Jurors file out. Cohen files out.

The parties don't have anything else to raise with the judge today.

We'll resume tomorrow.

@MSNBC @lawfare @hugolowell @kyledcheney But the @lawfare team is not done just yet!

With @TylerMcBrien and Ben Wittes, I'll discuss Cohen's testimony live at 5:30 pm ET.

Join us then!

@MSNBC @lawfare @hugolowell @kyledcheney @TylerMcBrien And if you appreciate our coverage of Trump's trial--whether it's our live tweets, our daily podcasts, or our detailed written dispatches--we hope you'll consider donating to support our work.

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