Some highlights once I give the story an update. In the meanwhile, give the order inside the story a read.
Earlier this morning, Trump's lawyers argued that the civil probe was essentially a way to extract information without having to offer immunity that a grand jury would afford in a criminal investigation.
Engoron: "This argument completely misses the mark."
Engoron:
Trump and his children have the "absolute right" to assert Fifth Amendment right against self-incrimination.
Eric Trump did it more than 500 times, he notes.
Justice Engoron:
Trump was "hardly a stranger" to the NYAG's office when Tish James took over.
Her predecessors reached significant settlements with Trump's "University" and "Foundation," the judge says—his scare quotes.
Engoron:
The thousands of documents responsive to the subpoenas that I've viewed privately show "significant basis" for continuing the investigation, undercutting notion that it's based on animus rather than facts and law.
Engoron:
"As has often been said, that a prosecutor dislikes someone does not prevent a prosecution."
Engoron:
It would have been "blatant dereliction of duty" not to investigate and issue subpoenas.
Engoron:
Trump's spin on Mazars ditching him is Orwellian, "audacious" and "preposterous."
Engoron:
NYAG found "copious evidence of possible financial fraud."
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Trump's lawyers agree that he isn't immune from prosecution in his N.Y. case, but they argued before trial that prosecutors shouldn't be allowed to use evidence tied to his official acts.
On Friday, Trump's lawyer argued that ex-AG Bill Barr only appointed Senate-confirmed US Attorneys as special counsel.
Jack Smith just contradicted that in a supplemental briefing showing three of Barr's special counsel picks from 1991 and 1992.
In the same briefing, Smith provided a list of statutes that appear to use "officials" to include inferior officers who don't require the advice and consent of the Senate.
It's quite long, and it rebuts Team Trump's claim that "officials" means something else.
Judge Cannon invited prosecutors to file this brief backing up their arguments defending the special counsel's constitutional authority at the end of Friday's proceedings.
After a Manhattan judge delivers his instructions, a jury of Trump's peers will begin a historic process: deliberations to determine whether to convict a former U.S. president of felonies.
As always, I will be reporting live from the courtroom. 🧵
Trump has entered the courtroom, followed by his entourage.
The daily photography session has begun.
Manhattan District Attorney Alvin Bragg, who has appeared only occasionally, is not in the courtroom this morning.
"All rise."
The jury is entering, and some appear more dressed up than usual — ready to work.
Justice Merchan tells them that he will now instruct them on the law.
Before lunch, Justice Merchan dressed down Trump's lawyer for his "outrageous" comment about prosecutors trying to put his client in prison.
He'll instruct the jury that potential punishment should factor into decision.
Separate thread. 🧵
Before the prosecution's summation begins, Assistant DA Susan Hoffinger note there's another reason that Blanche also should have been on notice earlier.
The judge precluded the defense from discussing potential punishment in a pre-trial ruling. nycourts.gov/LegacyPDFS/pre…
Blanche has no objection to the curative instruction that prosecutors drafted.
I'm connecting the two threads, for defense and prosecution summations, here.