Thread by @TylerMcBrien

Good morning from 100 Centre St for Day 17 of in Trump’s NY criminal trial.

If you appreciate a good line, this one is a thing of beauty.

I’m here w/ @AnnaBower for @lawfare to report on the much-anticipated cross of Michael Cohen, expected today 🧵⚖️

NYC’s hottest club this week truly is 100 Centre St.

Line sitters were maxed out by early evening yesterday. I’m also hearing that this morning one especially enterprising young man parked himself at the front of the line and sold his non-existent spot for a cool $400.

The Line causes a scene.

One curious passerby just yelled out at us asking why we’re all waiting in line.

“They’re giving out free donuts,” one reporter yelled back.

There goes the mainstream media spreading misinformation once again.

While we wait for the court security to determine my fate, check out what a @lawfare reader saw flying over the Hudson from his office on Friday.

@lawfare Back to Line drama:

One member of the public who snagged a coveted overflow room ticket immediately started waving around the stamped green paper and shouting, “You can buy my ticket for $350 right now, anyone?”

There are quite a few of us still waiting outside, and despite there being a set number of seats, @NYSCourtsNews can’t seem to tell us how many people in line are making it inside or not.

Despite waiting for hours, I didn’t make it in.

Follow @AnnaBower for updates.

@AnnaBower If any members of the NY press don't plan on returning after morning recess or after lunch, please let me know.

@AnnaBower Never say never! Your tireless live tweeter sprinted 6 blocks back to the courthouse when a ticket became available, so I'm back in the courtroom, and will resume live tweeting now.

Hoffinger has resumed direct, she's asking about Cohen's role as personal attorney, in 2017, around that time did House Intel Committee ask you to testify for the Russia investigation?

It was a about Trump Tower-Moscow deal, says Cohen.

Cohen says at the time he felt a "a tremendous amount of pressure, it was the first time I was subpoenaed to testify in front of Congress."

It's difficult to jump back into a trial in medias res style, but the important thing is I'm in.

From what I've seen so far, Cohen (in dark suit and teal tie) has resumed the same unassuming, polite affectation from yesterday.

"I was staying on Trump's message, there was no 'Russia, Russia, Russia," Cohen says, also of his coordination with the Joint Defense Team.

Q: In the early months of 2018, did you continue to lie about Trump's involvement in the Stormy Daniels' payoff?
A: Yes
Q: Did you continue to pressure other people like Davidson to lie about it?
A: Yes, in order to protect Mr Trump.

Cohen puts his reading glasses back on.

We see the WSJ article again, the one regarding the payoff to Daniels, and Hoffinger asks if they reached out to Cohen for comment.

Did you tell the truth about Mr Trumps role in the payoff?

No ma'am, Cohen says (I'm guessing it won't be the last time he says "no ma'am" today)

Cohen says he told Trump that he would be denying the truthfulness of the WSJ story about the Daniels' payoff.

"That's good, that's good," Trump responded, according to Cohen.

We see the text from Cohen to Davidson: "Write a strong denial comment for her like you did before"
Q: Did you pressure Davidson to get Daniels to sign that? Why?
A: Yes ma'am, "to protect Mr. Trump," Cohen says again.

He gives the same reason over and over: to protect The Boss.

Hoffinger asks a classic lawyer question: Qui bono?

Q: Who benefited form the joint defense agreement?

Objection—overruled.

Q: Did you understand Mr Trump to benefit from the joint defense agreement?
A: Yes.

Hoffinger displays the first Daniels denial statement from 1/10/18—it wasnt true, says Cohen, but he pressured Daniels to sign it (via Davidson) anyway.

Cohen then went on Hannity "to continue to promote the statement that there was no relationship and Trump had no involvement."

Later in the month, the second denial statement, why another?

Despite that we thought the story was dying, there were "still persistent reporters" were looking into this and I thought another official statement would be helpful in putting an end to it, Cohen says.

HOFFINGER: How did you know this statement was false?

COHEN: Because I helped craft it.

HOFFINGER: How do you know she was paid hush money?

COHEN: Because I'm the one who paid it.

Hoffinger shows Cohen a letter that was drafted by him and his counsel to the federal election commission in response to what's identifed as MUR7313 (the complaint number).

No objection from Blanche—why would they? We're getting close to Cohen's "baggage."

Cohen describes the letter claiming he paid hush money payments as true but misleading: "When crafting the statement we elected to state that neither the Trump Org nor the Trump campaign were party."

Why?

"In order to protect Trump, stay on message, and demonstrate loyalty."

Now People's 260: texts btwn Cohen and @maggieNYT. I wonder if Maggie feels how I felt yesterday when Mr. Epshteyn addressed me by name in the courtroom.

MC to MH: Big boss just approved me responding to complaint and statement. Please start writing and I will call you soon

Cohen says he was going to give it to Haberman first, "to give her the scoop."

A message now from me to all parties in the trial: if anyone wants to give me a "scoop" too, you know where to find me!

Hoffinger offers People's 202, no objection from Blanche but a request for additional instruction with respect to the Cohen letter and statement, and Merchan gives those instructions...

He says, FEC conducted an investigation into a payment of Daniels, this evidence is to assess Cohen's credibility & provide context, you many consider testimony for those purposes only, neither the fact of the investigation nor the responses can be used to determine Trump's guilt

Toward the end of his misleading statement re: the hush-money payment to Daniels, Cohen said at the time:

“Just because something isn’t true doesn’t mean that it can’t cause you harm or damage. I will always protect Mr. Trump.”

Hoffinger shows 2/19/18 Signal messages between Cohen and Jay Sekulow (Peoples 217), and we see it now.

Cohen sent Sekulow his FEC statement.

JS: Client says thanks for what you do
[Client here is Trump, says Cohen, and for what you do, it's the statement Cohen put out]

Q: Did WSJ reach out to you about an FEC complaint about AMI's payoff of McDougal?
A: Yes.
Q: Were they asking you about anyone else's involvement other than AMI?
A: Yes, Pecker, Trump, and me.

Pecker was concerned bc it was going to affect AMI and him, Cohen says, so I told him that I would "assist with this matter," and I ultimately told him after conversations with Trump—do not worry, we got this thing under control, it'll be taken care of.

Blanche asks to approach.

Merchan asks jurors to recall instructions they received about AMI, he repeats now they may consider Pecker testimony and what they just heard from Cohen only to assess Pecker and Cohen's respective credibilities, not for any other purposes including Trump's guilt.

Hoffinger begins a long and winding question but stops herself: "Withdrawn, that's a long sentence."

She restarts, about when Cohen learned Daniels would start going and speaking to the media about her story, at which point Cohen sought a temporary restraining order.

For the temporary restraining order Cohen sought against Daniels, was that at Trump's direction?

It was, Cohen answers, and also mentions Eric Trump.

Cohen didn't have Daniels' address, he says, so the team (Larry Rose and Jill Martin) tried to serve Davidson instead—but he responded that he's no longer rep'ing Daniels, and gave them the name of another lawyer:

Michael Avenatti.

Recall, Avenatti sued to free Daniels from the NDA, shortly thereafter, Trump agreed through his lawyers not to enforce the NDA. Cohen says he doesn't recall exactly when in the civil case, but it was before Trump would have been required to sit for a deposition.

As part of the civil action, Trump would've been required to sit for a deposition, Cohen says, so they ended the NDA to avoid that.

Objection—we ask for that to be stricken, Blanche cuts in, still on objection watch.

Brief sidebar.

After sprinting blocks back to the courthouse and taking my seat, I have caught my breath and settled back into the livetweet rhythm.

I never thought I'd be so happy to sit in a hard, wooden, courtroom pew.

Sustained—answer stricken from the record.

For much of 2018 as Trump's personal attorney, did you continue to lie about his involvement in the Daniels payoff?

Yes ma'am, Cohen says.

I was raided by the FBI, Cohen says about a day in early April, and he takes off his reading glass to regale us of the story.
.nytimes.com/2018/04/09/us/…

It was 7am, Cohen says, and he got a knock at the door: it was the FBI. Unbeknownst to Cohen, they simultaneously raided his apt, law office, and TD Bank.

The search warrant stated they had a right to take his two cell phones (the famed CP1 and CP2 I believe), tax books, etc.

One of those phones had the surreptitious recording between Cohen and Trump, of "get me a coke!" fame.

Did you know FBI was going to show up and take your phones?

No ma'am, Cohen says politely.

How did feel about FBI raiding your hotel room, home, and law offices?

"How to describe your life being turned upside down. Concerned. Despondent. Angry," Cohen says slowly.

Frightened?

"Yes," says Cohen.

Cohen says he received a call back from Trump shortly after the raid: He said to me, 'Don't worry, I'm the president of the US, there's nothing here, everything's going to be okay. Stay tough. You're gonna be ok.'

Have you spoken directly with Trump since then?

No ma'am.

That call was "extremely important," because "first of all I was scared. First time in my life anything like this" happened, and he wanted reassurance that Trump had his back—esp bc this dealt with issues related to him, Cohen says.

"I felt reassured because I had the president of the United States protecting me," says Cohen post-raid.

"So I remained in the camp," he adds—the Trump camp, to stay loyal and continue to lie about his involvement.

Others reached out and said: he's got your back, don't worry.

Initially, Cohen says he maintained ties to Trump "only through other people," thinking it was "extremely" important to do so.

The prosecution mentioned earlier in the trial that they would trace the moment that Cohen flipped, and explain it for the jury. We're hearing that now.

Cohen reads a series of Trump tweets—one tearing down Haberman, another supporting Cohen—as we start to trace the narrative-within-the-narrative of when Trump soured on Cohen, who flipped on his former boss.
reuters.com/article/idUSKC…

At the time, Trump Org was still paying for Cohen's legal fees, he says, which he understood to be a sign of support from Trump.

He was still part of the joint defense agreement.

Hoffinger doubles back to one of Trump's tweets, specifically the line: "Most people will flip if the government lets them get out of trouble."

Cohen says he understood it to mean that Trump didn't want him to cooperate with govt, not to provide info, or flip.

Blanche trips up Hoffinger with three sustained objections in quick succession, so Hoffinger asks Merchan whether it's a good time to take a break, perhaps thinking it best to regroup before moving forward.

Morning recess ensues.

At 11:32 a.m., we're back.

"Let's bring in the witness please," Justice Merchan says.

During the break, eagle-eyed @AnnaBower spotted a familiar face in the courtroom from down south: Grant Rood, one of the prosecutors who works on Trump's racketeering case in Fulton County, Georgia.

Hoffinger retakes the lectern, and Cohen lets out a breath.

Cohen says he was introduced to Robert Costello by another lawyer—Jeffrey Citron—who heard about the raid and put them in touch. Costello was a crim defense attorney and incredible close to Rudy Giuliani.

What was your emotional state like at the time just after the raid?

Distraught, nervous, concerned, Cohen says.

At a meeting with Costello at the Regency Hotel, Cohen says he showed him the warrants and the receipt of what was taken.

The lawyers advised Cohen, who was unfamiliar with criminal law: first, remember what's in those boxes, then consider Costello for representation.

Cohen repeats that he heard Costello was "close, as close as you can imagine," with Giuliani.

A lawyer close with Giuliani would be advantageous for Cohen—because Giuliani was close to Trump. Cohen says it was good to secure "a back-channel line of communication to make sure you're still good and still secure."

Cohen says he didn't tell the truth to Costello because he wasn't sure he would hire him—there was something "really sketchy and wrong" about Costello, Cohen says.

And the "closeness to Rudy" had a flip-side: everything Cohen said to Costello would make it to Trump via Rudy.

Nevertheless, Cohen exhanged emails with Costello to maintain that "backchannel" to Trump, whom many people advised against Cohen contacting directly.

Hoffinger hands up a thumbdrive, presumably full of emails btwn Cohen and Costello.

People's 203 accepted into evidence, a 4/19/18 email from Costello to Cohen, "I'm sure you saw the news that Rudy is joining the Trump legal team. I told you my relationship with Rudy could be very, very useful for you."

People's 204, another email Costello to Cohen, "[Rudy] asked me to tell you that he knows how tough this is on your and your family, and he'll make sue [sic] to tell the president," and he reiterated the backchannel.

Costello to Rudy to Trump.

People's 205 now, Costello to Cohen again 4/21/18: re: Giuliani, I spoke with Rudy. Very very positive. You are loved. If you want to call me I will give you the details..there was never a doubt and they are in our corner. Rudy said this comms channel must be maintained.

"Sleep well tonight, you have friends in high places," Costello ends his email to Cohen, and the press lets out a bit of a horrified, but amused laugh.

Costello actually ends the email with this: "PS-some very positive comments about you from the White House."

What if any effect did these emails from Costello and Trump's 4/21/18 support tweets have on you?

"It let me know that I was still important to the team and to stay the course that the president had my back," Cohen says.

Cohen reads People's 206, a Costello email in 6/7/18: "Michael, to prove to you that Giuliani called me and I did not call him," he attached photos of his iPhone, then proceeds to describe a game of phone tag.

He's demonstrating his close relationship to Giuliani, Cohen explains

Costello was relentless, continuing to demonstrate to Cohen his closeness to Giuliani, as Cohen continued to deny retaining him for counsel for months.

"My friend has communicated to me that he's meeting with his client this evening..." Costello emailed Cohen cryptically about the backchannel.

Why the smoke and mirrors?

To be covert, it's all backchannel, sort of I-Spy-ish, Cohen explains mockingly.

Another email from Costello in which believes he was talking about "potential pre-pardons," but the email goes on, sounding like Costello was spurned by Cohen's increasingly aggressive rejection.

Cohen explains Costello was pressuring him. I stated to him that I was speaking to other counsel, Cohen says, and Costello was angry that he was willing to sit down with another attorney but not them.

"So I had had enough, and I told them," Cohen says.

Please remember if you want to communicate something, please let me know, Costello continues in the email, presumably floating the benefit of the backchannel one last time, before wondering aloud whether he and Jeff Citron had "been played here" by Cohen.

Finally the last of the slew of exhibits just admitted: People's 208: another Costello to Cohen email, July 2018, it's YouTube link, with the note "Something you should see."

The video: "Giuliani on possibility of Cohen cooperating, Mueller probe."
Cohen to Costello: Why send this to me?
Costello: The answer...will be found in watching the video. It seems clear to me that you are under the impression that DJT and RG are trying to discredit you and...

...throw you under the bus.

Cohen reads another email to him from Costello, which he understood to be part of the pressure campaign that everyone is lying to you, that the president still supports you, do not speak, do not listen to the journalists, and "stay in the fold."

Mr Cohen, did you ever tell the truth to Mr Cohen—withdrawn, Hoffinger chuckles, and starts again—the truth to Costello about Trump's involvement in the McDougal or Daniels payout? Why not?

I didn't trust him, and I still remained loyal to Trump, Cohen says.

Cohen withstood the pressure campaign, and ended up hiring other lawyers.
Q: In the months after the raid, did you also talk to your family about the matter?
A: Yes, at that point we didn't know what SDNY was looking at, and the convos with my family was what to do...

...we're in this unique situation. My family—wife, daughter, son—all said to me, 'Why are you holding onto this loyalty? What are you doing? We're supposed to be your first loyalty?'

Cohen says he finally thought, "It was about time to listen to them."

We get to Cohen's SDNY plea.

"I made a decision based on a conversation I had with my family, that I would not lie for President Trump any longer," Cohen says.

We may be finally getting to one of the underlying object offenses that has remained largely absent from the trial thus far: the FECA violation.

Recall, this handy-dandy chart, via @qjurecic: lawfaremedia.org/article/charti…

During this sidebar, also recall that Cohen pleaded guilty to one count of making an excessive campaign contribution in violation of the Federal Election Campaign Act (FECA), related to a payment of $130k to Stormy Daniels.

Did you pay the money to Stormy Daniels in order to influence the election for Trump?
Objection—sustained.

Why did you pay it?

"To ensure the story would not come out, would not affect Mr. Trump's chances of becoming president of United States," Cohen replies.

HOFFINGER: On whose direction and whose behalf did you commit that crime?

COHEN: On Mr. Trump's behalf.

HOFFINGER: What was the purpose of your working with AMI in paying off Karen McDougal?

COHEN: In order to make sure Mr Trump was protected and also so that story would never be released, for the purpose of ensuring that it also wouldn't affect the presidential campaign.

At whose direction?

"At the direction of Donald J. Trump."

And for whose benefit?

"For the benefit of Donald J. Trump."

Merchan now gives instructions re: testimony that Cohen pleaded guilty to a FECA violation.

Q: Did you also plead guilty to evasion of personal income tax 2012-16?
A: I did.
Q: And 1 count of making false statements to a financial institution?
A: I did.
Q: Were those in any way related to Mr. Trump?
A: No ma'am.

HOFFINGER: What was it like the day you pleaded guilty?

"Worst day of my life," Cohen says hoarsely.

Cohen now reads Trump tweets when he flipped on Cohen; the first: "If anyone is looking for a good lawyer, I would strongly suggest that you retain the services of Michael Cohen," which gets a few laughs from the press, despite a sadness in Cohen's voice.

"Angst, anxiety," Cohen continues, describing his mental state at the time.

Later, on 11/29/18, Cohen pleaded guilty to one count of making false statements to Congress (in connection with the 2017 Russia probe).

In addition to those previous guilty pleas, Cohen was sentenced by SDNY on 12/12/18—36 months incarceration, followed by 36 months supervised release, plus ~$1.4m restitution (which stemmed from tax evasion) and $100k in fines—Cohen paid both.

Cohen surrendered himself to prison on 5/6/19—but 3 months prior, Cohen testified before Congress, and he describes the events that precipitated that appearance.

Hoffinger is setting out the narrative of Cohen's redemption arc.

Cohen sounds remorseful, despondent when he says that he testified that Trump had directed him, and it was for his benefit, but that he also apologized to Congress, his family, and the American public.

HOFFINGER: Did you tell the Mueller Investigation the truth about your 2017 Congressional testimony?

COHEN: I did not, because I was still holding onto the loyalty to President Trump.

Hoffinger wants the jury to hear about Cohen's punishment and rehabilitation:

Cohen says he spent 13 months in prison, cut short as a result of COVID and Cohen's co-morbidities, then at some point was sent back to prison.

Correction: NOT retain the services, sorry typing too quickly.

Hoffinger asks about an agreement Cohen was asked to sign, but when he questioned it, he was sent back to prison, to solitary confinement. That decision was reversed, and Cohen was sent back to house arrest.

In addition to SDNY, Cohen says he provided information with NY AG's office (at first when he was still in prison and at Manhattan DA's request) as well as the Manhattan DA's office (on many occasions).

We fast-forward to March 2023, when Cohen testified to the grand jury.

By testifying to the grand jury, Cohen automatically received immunity in the case—just as every witness who testified to the grand jury did.

Cohen says he requested SDNY to reduce his sentence, and asked the Manhattan DA's office to assist in that request.

In 2021, they said they'd consider it, but the SDNY prosecutors denied the DA's office to provide a letter to them to that end.

Likely getting out ahead of the defense, Hoffinger asks and Cohen clarifies that despite this ultimately denied request, he told the truth to the Manhttan DA's office during their numerous meetings.

In 2020, Cohen got his phones back and he ended up using one of them to record conversations with an attorney he had engaged about a Bureau of Prison FOIA request that was made and ignored.

(But after prison, Cohen was a changed man. He only had one main phone, instead of two.)

In Jan 2023, Cohen forfeited the two phones again, this time to Manhattan DA, and provided passwords voluntarily.

Q: At any time did you alter or modify the audio recording with Trump?
A: No ma'am.

Despite public statements Cohen made after the guilty pleas, in which he took issue with his criminal prosecution, he says that he never disputed the facts of the case.

Now to Trump's civil case, specifically when Cohen was cross-examined by Trump's lawyers, but Blanche stands awkwardly, then doesn't say anything. "I see Mr Blanche is rising—would you like to approach or?" Hoffinger says, until Blanche finally says objection.

Sidebar.

Cohen looks down at the table in front of him, and his cheeks puff out as he blows out some more air nervously or exhaustedly, it's hard to tell.

"The objection is withdrawn," Merchan says.

In NY civil case cross, did you say it was unfair that you were criminally prosecuted for tax evasion and bank fraud?

The underlying fact I never disputed, Cohen says, but it goes back to the issue that I was given 48 hrs to accept plea offer or they were going to indict my wife

Hoffinger asks more details of Cohen's downfall: after 30 years of practicing, Cohen lost is law license. He lost his taxi medallion business, and all of his real estate except for a primary residence and secondary apartment. He can only find "media & entertainment" work.

We discuss Mea Culpa, named as such for two reasons: "first is, it's my responsibility—which I take—and the second is because it's my initials."

The stereotype still stands: every man in New York seems to have a podcast. In fact, Cohen has two.

Disloyal, is Cohen's memoir which he wrote in prison, because in there time management is very important, and it helps to make the time go by quicker, Cohen says knowingly.

HOFFINGER: Are these endeavors you've engaged in conducted largely to support your family?
COHEN: Yes.
HOFFINGER: And you sell merchandise—any related to Trump?
COHEN: There is one that's reflective of Mr Trump.

HOFFINGER: Do you continue to be on the receiving end of Trump's public comments about you?
COHEN: Yes ma'am.

We see People's 408, now familiar, but apparently still not old, because a few members of the press laugh when it's displayed.

Half a billion dollars, Cohen says of the amount that Trump sued him, and a few scattered laughs of disbelief from the gallery.

Hoffinger asks a couple more questions, withdrawing both, then asks: Mr Cohen do you have any regrets about your past work and associations with Trump?

A: Yes, I regret doing things for him that I should not have. Lying, bullying people in order to affectuate a goal. I don't...

...regret working for the Trump Org, as I expressed before some very interesting and great times, but to keep the loyalty and do the things that he had asked me to do—they violated my moral compass. And I suffered the penalty. As did my family.

Nothing further—we break for lunch

If this morning's line chaos was any indication, your support to @lawfare for our coverage of Trump's trials—some of which goes to the very valuable hiring of line sitters—is greatly appreciated.

givebutter.com/c/trumptrials/…

ICYMI, earlier today the NY First Dept appellate court upheld the gag order, relying heavily on the DC Circuit Court decision
nycourts.gov/reporter/3dser…

And for lunch, some NEWS: NBC reports that Michael Cohen will be the prosecution's final witness.

Back in overflow, the rules are as strict as ever—even @chrislhayes gets ID'd.

"Press credentials?" a court officer demands, as another reporter gives a good natured, "You sure you're a member of the press, Chris?"

We're set to resume at 2:15 p.m.

"Good afternoon, shall we get the witness?" Justice Merchan says, now back at the bench.

We're back.

As we wait for the jury to get seated, per the hallway pool, Trump ignored the following questions on his way back in:
Mr. Trump how do you feel about the 1st Department's gag order ruling?
Mr. Trump, will you testify?
Will you call any witnesses?
How's it going in there?

Via, @JayShams, still no definitive answer from Blanche as to whether Trump will testify (though I, like most, seriously doubt it):

@JayShams Blanche steps up to deliver the cross, and comes out swinging.

"Mr. Cohen, my name is Todd Blanche," he begins. They've never met but Blanche says you know me, right? "You went on Tiktok and called me a crying little shit?"

"Sounds like something I would say," Cohen spits back.

Objection—sustained.

Blanche swings again, asking about whether Cohen posted something about him and Necheles, objection again, please approach.

"This is going to be so much fun," I overhear one reporter say.

"The question was stricken, though I don't believe there was an answer," Merchan says, and we're back.

Blanche begins again: You've been following what's been happening in this trial, like details about jury selection?

Objection—sustained.

On April 23, you said you heard what a witness had testified about correct?
Objection—overruled.
It's possible, yes, Cohen says.
Q: Do you recall saying on Tiktok when Pecker was on the stand, that Pecker is corroborating what you've been saying for 6 years?
A: Yes, I said that

Someone called him and told him that, Cohen says.
Q: And have you been following the trial on CNN and MSNBC?
A: Yes I've watched, but not following this trial.

Meanwhile, Trump is watching the back of his eyelids.

Q: You've watched because this trial is important to you, correct?
A: Yes, but there are other issues too: like the protests, Israel.
Q: But is this trial important to you, Mr Cohen?
A: Personally, yes.

Blanche continues to dig up recent comments Cohen made on social media, one in which he called Trump a "dictator douchebag"?

Sounds like something I said, Cohen repeats, a few subdued chuckles.

Blanche has not a shred of humor in his voice. He sounds serious, disgusted.

Rewind now to 2021: is it true that the Manhattan DA's office told you repeatedly to stop talking publicly about this case?

Yes, Cohen says.

Blanche asks about Cohen's former lawyer, Lanny Davis.
On 1/15/21—there was a leak to the AP—Davis and Cohen denied being the source of the leak to the DA's office. Blanche shows an exhibit to Cohen, reading glasses back on, to refresh his memory.

BLANCHE: Do you recall Davis asking line prosecutors to "report to the top"?
Objection—sustained.
Now, 02/2021, do you recall your lawyer talking to you—objection, sustained—do you recall the DA's office being frustrated about you talking about the case on TV?
Blanche shows B55.

Q: Document aside: do you remember in 02/21 going on TV talking about the investigation?
A: I go on TV often, so I'm not sure what the topic was, Cohen sounds, faintly annoyed.
Q: Do you remember making promises to your attorney you'd stop talking/going on TV?
Objection—sustained

After a bit of technical difficulties, Cohen reviews something on his screen.

They're communications btwn Cohen's lawyer and someone other than Cohen, but Blanche can't get the question—more objections, sustained.

Q: You continue to talk to the press to this day?
A: About many topics.
Q: Including this case?
A: Sounds correct.
Q: I don't want it to sound correct, is it correct?
A: Yes, it would be correct.

Blanche bounces around in time, now 02/23:

Prior to testimony, you gave cell phones to prosecutor named Jeremy Rosenberg, two phones, two different days? (Yes) Then you went on CNN and told Don Lemon you were contacted by the DA's office? (Sounds correct)

BLANCHE: Do you recall the DA's office was frustrated you went on TV and said you turned over your phones?

Cohen doesn't recall, no.

BLANCHE: Are you the one that leaked to CNN that you gave your phones to the DA in Jan '23?

Cohen doesn't recall that either.

Q: If you didn't leak it, who else knew that you gave the phones to the DA's office?
A: Well, clearly Lanny Davis, could be others, idk.
Q: Members of the DA's office knew too, correct?
A: Yes

BLANCHE: You promised DA's office in March 2023 no more TV appearances until after the indictment, correct?

But that too, Cohen doesn't recall.

So let me get this straight, Blanche asks, you remember multiple phone calls with Trump from 2016, but you can't remember these promises you made to the Manhattan DA's office last year?

You don't recall the DA's office telling you that you were unwittingly helping Trump by going on TV? asks Blanche.

No sir, Cohen says, looking at Blanche, then toward the jury box.

Were you called to the DA's office on 3/20/23 as a possible rebuttal witness to Costello (yes)—then you went on TV that night and said you didn't need to be a rebuttal witness bc Costello's testimony lacked veracity? (also yes)

Blanche hammers Cohen on his phrasing, that he recalled, post-indictment, the DA's office told him it would "probably better off" if he not speak about the case.

Well I have a 1A right, Cohen says, but Blanche says he's not asking about his 1A right.

Fair to say that in the course of this investigation, you've gone on TV several dozen times? (I don't recall) More than 20? (Could be) Any doubt in your mind that it's more than 20? (No doubt)

But that's not all—Blanche asks about Cohen's hundreds of podcast episodes as well.

Q: Of those more than 200 episodes, did you talk about Trump in every one?
A: I'd say he's mentioned in every one, yes.

Cohen says he's active on X, Tiktok (nightly, live for more than an hour, in order to build an audience, create a community, "really vent bc I'm having a difficult time sleeping, so I found an outlet"). It does make money, Cohen admits, though it's not significant.

Since Cohen started "TikToking nightly" (Blanche's words) 6 weeks ago, how many times a week do you talk about Trump?

Well I only do it 6 days a week, Cohen says (chuckles from the press), so I'd say about 6 times a week.

Blanche asks about Cohen's prep for testifying, including a binder he received from the DA's office that included publicly available documents, such as his allocution.

Q: On Mea Culpa, have you said you want Trump to be convicted in this case?

Sounds like something I would say, Cohen says, much to Blanche's frustration. He wants a yes or no, so he asks again, but gets another frustrating "Probably."

Blanche says he wants a YES or NO, and asks: Do you want President Trump to get convicted in the case?

"Sure," Cohen replies.

We see a couple of choice items from the Mea Culpa merch store:
$32 t-shirt with a picture of Trump in an orange jumpsuit behind bars; a t-shirt that says CONVICT 45, also $32; and a $22 coffee mug with the words: SEND HIM TO THE BIG HOUSE NOT THE WHITE HOUSE.

And you were wearing the jumpsuit and jail cell t-shirt, and encouraging people to buy it? Blanche asks.

Well yes, Cohen says matter-of-factly, it's part of the merch store.

Q: When did you change your view of Trump from what it is now compared to what it was prior?
A: Around the time I went on George Stephanopoulos in 2018.
Q: You enjoyed working for Trump, and started working for him in 2006?
A: Very much so, and yes, 2006.

BLANCHE: You still live in a building with Trump's name on it, correct?

COHEN: I do.

There's a line of questioning now establishing just how many properties of Trump's that Cohen and members of his extended family invested in since 2000 at one point or another. I'll save you the back and forth, but it's a lot.

Yes, Cohen says, he made millions of dollars in the taxi medallion business.

In the early 2000s, you were a bit of a dealmaker? Blanche asks.

Yes, Cohen says.

We cover well-trodden ground of Cohen's Trump Org origin story, then Blanche clarifies, that, as Trump's personal attorney, you only reported to him right? (Yes.)

But it wasn't only representing Trump, you also represented his family on occasion? (Yes, Cohen says.)

Cohen recalls representing Melania and Don Jr.—definitely not Eric—and he can't recall representing Ivanka either.

Cohen says he would speak to the media on behalf of the family as well, all for an initial base salary of $300k+.

Q: You've read Art of the Deal I believe twice, right?
A: Yes.
Q: You've called it a masterpiece?

Trump stirs a bit, cracks an eye open.

Yes, Cohen says, and Trump closes his eyes once again.

Blanche asks whether about Cohen's "obsession" and admiration for Trump, even before working for him, and he pulls up Cohen quotes, in 2015"a good man," and "a man who cares deeply about this county," "a man who tells it straight," "speaks from the heart."

Q: When you said those things, you were not lying right?
A: At the time I was knee deep into the cult of Donald Trump—yes.
Q: Let me ask that again, at the time you were not lying?
A: I was not lying, it was how I felt.

BLANCHE: You were telling the truth?
COHEN: That's how I felt.

Déjà vu (or entendu?), because they say it again.

BLANCHE: You were telling the truth?
COHEN: That's how I felt.

Q: At a speech at New Spirit Revival Church, you called Trump generous? impassionate? principled? emphatetic? kind? humble? honest? genuine?

Yes, yes, yes, yes, yes, yes, yes, yes, says Cohen.

Blanche asks Cohen about a Vanity Fair profile of him from Sept 2017, headline: "Michael Cohen Would Take a Bullet for Donald Trump"

vanityfair.com/news/2017/09/m…

At the time, Blanche says Cohen said he was offered $10 million for a tell-all book deal, but counteroffered a ridiculous sum—$100m—as if to say he'd never write a book.

Correct, I had no intention of writing a book at that time, says Cohen.

After the initial slugfest, Blanche and Cohen have settled into a needlefest, jabbing each other where they can, but saving the haymakers, presumably, for later.

Q: You told Hope Hicks you missed working with Trump?
A: Yes, I had a great relationship with my colleagues, and I did say that I missed Trump.

Q: In 2017, you publicly spoke about disappointment/frustration about not spending enough time with Trump and his children bc of the investigation?
A: Where was that said?
Cohen seems genuinely confused, Blanche rephrases, & Cohen confirms he was advised not to speak to the kids.

Q: On 10/24/17, did you lie in other areas of your testimony, or only about the Russia part?

Just that part, Cohen thinks.

Blanche brings up one bit of positive testimony about Trump, and Cohen confirms that was truthful.

Bouncing around again, now to 4/26/18, Blanche asks, Did you say on the phone, "Boss I miss you so much, I wish I was down there with you, it's hard for me to be here"? He shows Cohen an article to refresh his recollection.
COHEN: No, I don't recall.
BLANCHE: Fair enough.

Cohen says he doesn't remember the specific date on which he decided to cooperate with the Mueller investigation.

When Cohen first met with them, he says he planned to protect Trump and give answers that were deceptive.

CORRECTION: Cohen did say that this is the @MeidasTouch merch store, though Blanche tried to portray it as a Mea Culpa/Cohen-specific store. (My apologies)

Q They asked you about the Trump-Moscow project, and you lied to them?
A Yes, the information I gave was not accurate.
Q So is not accurate information a lie in your book?
A Sure.
Q Is it a lie?
A It was inaccurate, yes.
Q So, was it a lie?
...believe it or not, they keep going.

BLANCHE: Do you recall lying about that or other things as well?
COHEN: I don't know, I'd have to—he gestures toward the monitor in front of him—refresh my memory.

Blanche clarifies that he only had to plead guilty about lying about the Mosccow project.
That's right, says Cohen

Cohen name-checks a restaurant called LOULOU, if you want to add that to your restaurant tour of the NY Trump Trial, along with the Winged Foot Golf Club.

You testified yesterday that you have a specific recollection of speaking with Trump about the AH tape?
Objection—sustained.
But when speaking to the SC office Cohen says he said he "might have," bc he was trying to be deceptive and leave the door open, and remain loyal to Trump.

We move briskly through Cohen's guilty pleas and sentencing, pausing again in Feb 2019, at which point Cohen had changed his views about Trump.
Q You had been talking for years and years about your views on Trump, but in Feb 2019 you called him a "conman" and you were "ashamed"?

The first time you met with members of DA's office was when you were in Otisville in prison? (Correct)

For the jury, Blanche explains that Otisville is about 9mi away, an hour and a half.

You had visitors right, incl Anthony Scaramucci?

Yes, Cohen says.

As Blanche starts to ask about Cohen's attempts to reduce his sentence, but we break for afternoon recess.

"Man, way to make it boring," one reporter laments. She's right, it was starting to drag at the end there.

After an hour and 15 minutes of cross, most of it boring and seemingly aimless, we haven't spoken about the payments or business records one single time.

With Merchan back, Trump back, prosecution back, we're only missing two things: a witness and a jury.

Cohen takes his seat on the stand, water poured in front of him, and the video feed cuts out as the jury files back in.

Before we continue, Merchan reminds the jury we're not meeting tomorrow (as per usual), and not Friday, and we're stopping at 4pm on Thursday due to a juror's prior commitment.

Blanche resumes with Cohen's first meeting with Manhattan prosecutors, while he was in prison.

BLANCHE: One of the first things you asked the Manhattan DA about was what the benefit to you would be?
COHEN: Yes
BLANCHE: And you mentioned that you'd been "screwed over by the system"?

Cohen can't recall, so Blanche refreshes his memory via exhibit on his monitor.

You wanted to know the benefit of meeting with them—which is fair—Blanche concedes. Are you familiar with a Rule 35 motion in federal court? (yes) And you understand that sometimes it entitles the judge who sentenced you to give you a lower sentence?

Blanche continues to ask about how long Cohen thought it would take for the DA to bring charges, or whether it mattered to him, and Cohen seems confused.

Join the club.

A second meeting, also in Otisville, Sept 2019, then a third in Oct.

Eventually, Cohen's lawyer—Roger Adler, whom he retained in Aug—filed a Rule 35 motion for reduction of sentence in federal court, which Cohen reviewed pre-filing.

The bases of the motion was because of Cohen's cooperation with the special counsel's office (yes), thrice with the Manhattan DA (yes), and with the SDNY (I can't recall).

As Blanche winds up for clarifications, he apologizes for "talking about lawyers so much."

Ultimately, that Rule 35 motion was denied.

Fast forward to May 2020 (a time that I'm sure not just Cohen would prefer to forget), when he was transferred to house arrest.

Now, the summer of 2020, Cohen's "Redemption Tour," which could very well be a Justin Bieber tour.

Then, in Sept 2020 Cohen launched his book Disloyal (which, again, could very well be a Justin Bieber album).

Blanche reads some of Cohen's greatest hits, calling Trump a "Cheeto-dusted cartoon villain" and a "boorish" misogynist, then a paraphrase.

Then Blanche quotes him directly—"I truly fucking hope that this man ends up in prison"—which Cohen admits sounds a bit more like him.

Cohen, Merchan, and counsel put on headphones to listen to some of Cohen's podcast, but Cohen struggles to get them on. (It's an episode of the Mea Culpa podcast on Oct 23 if you want to listen at home.)

Cohen is now listening to his own podcast—Mea Culpa—from the witness stand.

Perhaps struggling with the too on-the-nose irony of Cohen listening to Mea Culpa from the witness stand, Hoffinger objects, and parties approach for sidebar.

BLANCHE: You also said in that same podcast, that Trump "needs to wear handcuffs" and to do the perp walk?

I don't recall saying that, but I wouldn't put it past me, Cohen says.

Your podcast had topped 10 million downloads? Blanche asks.

I think it was more, Cohen says.

Is it fair to say you were motivated by fame? (No sir, not fair). By publicity? (No, I'm motivated by many things.

Even in a simple factual question as to the next time Cohen met with Manhattan DA (1/11/21), the two men spar about the semantics of the question.

It's exhausting, tedious.

I wouldn't go so far as to say Cohen's refusal to use "yes" or "no" instead favoring "sounds like something I'd say" or "I believe it may be true" is getting under Blanche's skin, but it's certainly interrupting his rhythm.

Cohen finally admits to never having been to Prague.

Missed opportunity to tweet "The Decohenification of Prague" @KlasfeldReports, I'm disappointed.

We're likely just over 15 minutes from the end of the today, and I'm still unsure what the defense gained from the start of the cross, if anything.

No checks, no business records, no alternate theories of the case presented.

Blanche is getting into the conditions of Cohen's sentence, calculations done by the Bureau of Prisons, home confinement vs. prison. It seems we're back to Cohen's desire to lower his prison sentence which, as Blanche said earlier, "is fair."

Blanche asks Cohen about TV apperances in 2021—Ali Velshi, Joy Reid—until the end of 2021, when his sentence ended and he was on supervised release.

Cohen explains that it's less stringent than home confinement, basically check in once a month, and let them know about travel.

BLANCHE: You've made about $3.4m from your two books, is that fair?
COHEN: Over the four year period? Yes sir.
BLANCHE: In Revenge, you talk about your frustration that Trump has not been held responsible?
COHEN: Sounds correct, yes.

BLANCHE: In that book, you call yourself a fixer?

COHEN: I probably referenced it, yes.

BLANCHE: Are you fixing things that you broke?

COHEN: No sir.

Q: Did there come a time where you became concerned that the new DA was circulating negative stories about you?

Objection—overruled.

A: Yes.
Q: You talked about that in your book?
A: Yes.

Justice Merchan, in all his grace and mercy, wonders aloud whether this might be a good place to stop.

Blanche, in his own mercy, agrees.

And that's it—the cross began with a bang and ended for the day w/ a whimper. We'll see how the defense adjusts, if at all, Thursday.

Before he vacates the bench, Justice Merchan asks counsel to approach.

Trump remains seated at the defense table, grinning to himself briefly, during sidebar.

Merchan wants to put it on the record: he was asking Blanche whether he thought he'd be finished with the witness by Thurs afternoon.

Yes, if I finish, it'll be at the end of the day, Blanche says, and Merchan says no rush.

Next matter: the defense's expert witness, Blanche asks for an opportunity to discuss the testimony and what is admissible.

Does that sound like something we can do Thursday at 4, Merchan begins to ask—but the video feed stalls, buffers.

@AnnaBower throw us a bone!

@AnnaBower We'll have to leave it there, on a cliffhanger!

To find out what else was said, join @lawfare's live trial dispatch at 5:30 pm ET with @AnnaBower and Benjamin Wittes —