NEW: In urging Judge Aileen Cannon to reconsider two orders that would, among other things, reveal the names of two dozen people who have participated in the Mar a Lago investigation, the Special Counsel's office filed a document available to Cannon and only Cannon. 1/
Specifically, the document -- in Smith's description -- "describes in some detail threats that have been made over social media to a prospective Government witness and the surrounding circumstances" & that "those threats are the subject of an ongoing federal investigation." 2/
Especially given the existence of that other investigation, you might therefore understand why the Special Counsel's office does not want that information shared with anyone, let alone Trump's counsel. 3/
But today, having reviewed the document at issue, Cannon ordered Smith's team to hand it over to Team Trump, finding an "insufficient basis to deviate from the adversarial process." 4/
If information about an ongoing federal investigation into threats to a prosecution witness is not worthy of an ex parte, under seal filing, I don't know what is. 5/
And the fact that this latest directive forcing disclosure was made in the context of Smith's motion for Cannon's reconsideration of two more extensive orders also forcing premature disclosure of investigative details and witness identities is mind boggling. 6/
• • •
Missing some Tweet in this thread? You can try to
force a refresh
NEW: We just took a brief break because the most composed woman in Trump’s orbit — Hope Hicks — broke down on the stand right as cross examination started. Why would Hicks burst into tears—and why is she struggling to keep it together now? 1/
There are a couple of theories floating around among journalists watching with me. One is that being asked about the Trump family — who plucked her from a private PR firm & turned her into a star — overwhelmed her. Her affection for Trump the man is still evident.
The other is darker. Hicks isn’t out to hurt Trump, but today, she revealed that Trump shared with her that he spoke with Cohen in Feb. 2018, the morning after Cohen told @nytimes that he paid Stormy Daniels without Trump’s knowledge.
Hi, friends. I am already in my seat at 100 Centre, where photos are verboten. But when court resumes at 9:30 am, a specialist in digital forensics will be back on the stand, defending the integrity of the data the DA’s office downloaded from Michael Cohen’s phones. 1/
And from there, where we go is anyone’s guess—but keep in mind that the DA’s case has two major components, separated in time and place(s). 2/
The first is the alleged conspiracy between Trump, Pecker, Cohen, and others to promote Trump’s election through “unlawful means.” The second, which starts months later, is Trump’s alleged cover up of that conspiracy by making or causing others to make false business records. 3/
NEW: I know many Trump trial watchers are still knee deep in the world of Keith Davidson, where lurid details about people like Hulk Hogan, Charlie Sheen & Lindsay Lohan are bought and sold like candy. But the weirdest moment for me was the cross of a guy who does cell phone data extraction for the DA. 1/
That guy, a career computer forensics analyst and an Iraqi war veteran, was supposed to be there to authenticate data taken off two cell phones provided to the DA by Michael Cohen. He struck me as knowledgeable, earnest, and honest. 2/
But for a defense looking to sow seeds of mistrust — and in need of only one juror — even that guy is ripe for a brutal cross. How, you ask? By suggesting that Cohen’s devices or data — including the 9/16 recording of his convo with Trump — could have been manipulated and/or deleted by the FBI. 3/
NEW: In court, Keith Davidson reads aloud a statement he drafted on 2/13/18 to be sent to Chris Cuomo, then of CNN, at a time he understood Cohen was "under some fire and wanted some validation." 1/
He wrote, in part: "I read today that Michael Cohen reports that the source of the $130,000 paid to Ms. Clifford was from his own personal funds. That assertion is in complete harmony with what he informed me of at the time of the transaction." 2/
Why does that matter? According to the statement of facts, Cohen and Trump met in person, in the Oval Office, four days later on Feb. 17, 2017 . . . to solidify the arrangement Cohen and Weisselberg devised to repay Cohen.
NEW: With court starting in 20 minutes, we'll start with a hearing on Trump's newest alleged gag order violations. But when Keith Davidson comes back, he'll get into his constant, frenetic texts over Stormy's story -- and silence -- just days before Election Day '16. 1/
Expect Davidson to be questioned over his now-infamous text to Howard on Election Night: "What have we done?"
Davidson might also be asked to explain why, weeks later, he seemed piqued that he had not obtained inaugural tickets. After all, hadn't he and Howard done the ultimate favor to the campaign?
NEW: This is the fourth Trump trial I’ve attended regularly. But I have never seen anything like the phenomenon we’re witnessing the morning. 1/
The witness testifying now, Philip Thompson, works for a deposition services company that acquired TSG Reporting, a well-known court reporting and deposition transcription services company in Manhattan. And he, like the witness before him, had to fly to New York to testify. 2/
Each of them were here solely to authenticate excerpts from videos of Trump speaking, one group aired on C-SPAN (which is entrusted to air live proceedings of Congress) and the other from Trump’s own Oct. 2022 deposition in the E. Jean Carroll case. 3/