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Adam Klasfeld Profile picture
Mar 18 7 tweets 3 min read Read on X
NEWS

A Manhattan judge DENIES Trump's bid to block testimony by Michael Cohen, Stormy Daniels, and Karen McDougal.

Lots decided in a pair of limine rulings.

Thread with highlights and docs:

On the People's motion

On Trump's nycourts.gov/LegacyPDFS/pre…
nycourts.gov/LegacyPDFS/pre…
Trump wanted to preclude prosecutors from arguing that the hush-money scheme sought to influence the 2016 presidential election.

The defense also wanted to block even the mention of "catch and kill."

DENIED Image
Some nuance on the ruling as to Daniels, McDougal and Dino Sajudin.

Prosecutor CANNOT introduce lie detector evidence for Daniels — and there may be limitations to the testimony for the other two witnesses. Image
Trump wanted to block the admission of nearly 100 statements attributed to him.

DENIED, subject to prosecutors laying the foundation at trial Image
Trump CANNOT

* argue that his indictment is "novel, unusual or unprecented"
* complain about pre-indictment delay
* attack the purported motives of the DA, judge, or court staff to the jury
* try to gain sympathy from jurors about possible punishment. Image
This is a big one:

The Access Hollywood tape and the sexual assault allegations go to the DA's theory of the case — that Trump, reeling from the news, tried to cover-up a campaign liability.

Strong reasons under NY law for judge imposing limits
Among those reasons, preserving any convictions on appeal — if the jury finds Trump guilty.

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More from @KlasfeldReports

Mar 15
News:

There's probably not going to be a Trump criminal trial on March 25—but there may be a hearing that week, as that's when former president's legal team requests one.

The defense wants to discuss scheduling and a pending discovery motion.

Doc nycourts.gov/LegacyPDFS/pre…
Image
Note:

Theoretically, Justice Merchan could press on ahead with the March 25 trial date, but don't hold your breath now that both sides consent to an adjournment.
The Trump legal team's latest letter to be made public flags a potential complication of a 30-day trial adjournment: Passover, which falls this year between April 22 and April 30.

If the judge pushes beyond the DA's request, that may adjourn trial until at least May.

(Trump wants 90 days, which would push back until late June.)Image
Read 4 tweets
Mar 5
Update

Manhattan prosecutors defend intent to call @MichaelCohen212, saying Trump's lawyers' bid to exclude his testimony "reads more like a press release than a legal filing."

They note the civil fraud trial judge found he "told the truth" there. Image
Context:

The above screenshot is the opening of the Manhattan DA's answer to Trump's motion in limine, broadly seeking to exclude key witnesses and arguments.

The full 41-page document can be found here. documentcloud.org/documents/2445…
Among the arguments:

"There is nothing inherently prejudicial, much less unduly or unfairly so, about the phrase 'catch and kill' when referencing the term of art used in some sectors of the publishing industry."

Trump's defense wants to keep the phrase out of the trial.
Read 5 tweets
Feb 28
Notable passage:

“Defendants all but concede that Mr. Trump has insufficient liquid assets to satisfy the judgment amount; defendants would need ‘to raise capital’ to do so.”
Image
The New York AG accurately quoted Trump's legal team here, in a passage suggesting the ex-president doesn't have enough liquidity to post the judgment.

Full doc here: iapps.courts.state.ny.us/nyscef/ViewDoc…
In the absence of a stay on the terms herein outlined, properties would likely need to be sold to raise capital under exigent circumstances, and there would be no way to recover any property sold following a successful appeal and no means to recover the resulting financial losses from the Attorney General. Thus, Supreme Court and the Attorney General will have succeeded in imposing a punitive and irreversible financial sanction even where Appellants prevail on appeal. Simply put, Appellants would be unable to recover the value of that which was taken by the court and the Attorney General du...
An interesting passage from the NYAG's latest letter to the Appellate Division:

The AG does NOT interpret Justice Engoron's prohibitions on certain loans as including appellate surety bonds—if Trump can find a bond company to work with him. Image
Read 4 tweets
Feb 27
Trump's lawyers swing broadly trying to limit what gets into the Manhattan criminal trial, including...

—testimony from Michael Cohen and Stormy Daniels;

—*from or about* Karen McDougal and Dino Sajudin;

—topics like Access Hollywood, election influence, & more.

A rundown 🧵 Image
Trump and the DA’s team both submitted so-called motions in limine, litigating the boundaries of what’s fair game or should be excluded from trial.

The defense wants out most anticipated key witnesses, the top theory of the case, and even the "violent" phrase "catch-and-kill." Image
Manhattan DA Bragg's team wants to keep out:

* Trump's proposed campaign-finance expert;
* selective prosecution claims;
* some info about the related SDNY case against Michael Cohen
* advice of counsel arguments (unless Trump establishes factual predicate) Image
Read 8 tweets
Feb 26
Trump has filed his notice of appeal of the civil fraud judgment.

Signing the notice: Alina Habba and Cliff Robert's firms.

Doc iapps.courts.state.ny.us/nyscef/ViewDoc…
Image
For your bookmarks and reference:

It's time to review this updated primer about the appellate process for Trump's civil fraud judgment at @Just_Security, with @NormEisen justsecurity.org/92637/what-to-…
Read the primer for common Q&As—

A big one: What does this mean if Trump hasn't yet posted a bond?

Trump can automatically pause enforcement if he posts a bond (or cash in lieu of it) within 30 days since the judgment's entry.

Since that's a Sunday, the deadline's March 25.
Read 4 tweets
Feb 15
Good morning from New York.

Trump is expected to appear in court here for the latest in the first of four criminal cases against him.

He’s trying to beat charges related to hush-money payments during the 2016 election cycle.

I’m covering live for @Just_Security Image
Inside the courtroom, we're waiting for Trump and his attorneys to arrive.

Manhattan District Attorney Alvin Bragg is seated in the gallery, and his prosecutors are seated in anticipation of this morning's proceedings.
Trump has entered the courtroom.

He surveyed the gallery and making no eye contact with Bragg before reaching the defense table and sitting down, between his lawyers.
Read 17 tweets

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