The Trump Organization must inform Ret. Judge Jones of any efforts to secure a surety bond.
This court appointment is for 3 years from today.
Jones will assess the Trump Org’s internal financial controls and can make recommendations that the Court can order implemented.
Financial disclosures must be provided to Jones prior to being issued to third parties.
If Jones observes “any material misstatements, misrepresentations, or omissions” she will immediately report them to the Court.
Trump Org. must provide monthly bank statements. It must give her notice before any cash transfer totaling $5 million or more.
Any creation or dissolution of business entities, any debt or equity restructuring, any payment or payoff of any debt outside of the ordinary course must be reported to Jones.
The Defendants cannot transfer assets or reincorporate existing business entities in another jurisdiction to evade compliance with this Order.
If the defendants violate this Order, the Court can modify it and “order such relief as the Court deems just and proper.”
The NY AG’s Office, as well as Jones, can also seek further relief under this Order.
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Now that the jury has been excused for the day, Judge Merchan and the lawyers are addressing the scope of the testimony of the defense's expert witness:
Bradley Smith is a former commissioner of the FEC who intends to testify about FECA (Federal Election Campaign Act), specifically regarding campaign contributions.
The prosecution arguing:
COLANGELO: I think 95 percent of the proffered testimony [from the expert] that was just described flies directly in the face of your extremely clear order…which expressly says Mr. Smith may not testify about the application or interpretation of federal campaign finance laws.
COLANGELO: I think [Mr. Bove] just walked your Honor through a very long list of federal case law and SCOTUS and DC Circuit case law, interpreting these terms. That kind of testimony from an expert is why there is a prohibition on testimony from witnesses on legal matters.
Now, Blanche asking Cohen questions about his legal services for Trump:
BLANCHE: And you never had a retainer agreement?
COHEN: No sir
BLANCHE: You didn't need one because you were employed by the Trump Org?
COHEN: that’s correct
BLANCHE: you testified multiple times that when you were his personal atty in 2017 you had no agreement?
COHEN: Correct
BLANCHE: The whole time you worked for the Trump Org you never had a retainer agreement?
COHEN: Never had a retainer agreement
BLANCHE: Never
COHEN: no sir
BLANCHE: You were a lawyer. And you were acting as a lawyer… the whole time you worked for the trump org.
COHEN: I did legal matters and non legal matters
BLANCHE: And your job was to report directly to Pres Trump?
COHEN: whatever Mr. Trump wanted me to do
After a brief afternoon recess, Blanche now turns to the $130K payment to Stormy Daniels by way of Keith Davidson.
BLANCHE: You learned from Mr. Davidson along the way that another news org was interested in buying her story?
COHEN: after we had failed to transfer 130000 as per mr davidson’s cutoff date
BLANCHE: The news org was ABC correct?
COHEN: correct. And I believe it was also the Daily Beast.
BLANCHE: who was the reporter [from ABC]? Individual named John Santucci
COHEN: John Santucci, I spoke to Mr. Santucci about it and he contacted me and asked...me whether or not i was responsible, or i knew that they were responsible.
Now, Blanche turns to the secretly recorded conversation with Trump:
BLANCHE: You were concerned about a secret box about Pres Trump and at the time there was a concern because AMI...
COHEN: David Pecker was being considered to be CEO of Time magazine. And the cocnern was that being that these documents were the property of AMI, that he would not be able to of course take them and then whoever the CEO might be if they ended up not being as supportive of mr trump as david was. We were concerned that potentially one of those stories.
BLANCHE: and pres trump said he could get hit by a bus, meaning something could happen to mr. pecker and everything would be the same.
BLANCHE: This wasn’t a concern with the election, the concern was he could get hit by a bus and you wouldn't have the box? You said I’m all over it.
COHEN: Yes, sir
BLANCHE: Eventually you learned there was nothing in the box?
COHEN: I was told by Mr. Pecker not to worry there is nothing in the box
BLANCHE: When he (Trump) said “cash,” he’s not talking about Benjamins and green dollar bills,” he’s talking about paying for something, not financing. Right?
COHEN: No sir.
BLANCHE: When you worked for him he very often would purchase things with cash?
COHEN: correct
BLANCHE: were there times he purchased properties in cash?
COHEN: yes sir
BLANCHE: Just so I understand, you surreptitiously recorded your client so you could play a privileged recording between you and your client with a third party. That’s what you did, right?
COHEN: That’s correct.
BLANCHE: you understand that is not ethical to record a conversation with your client, there’s lots of new york bar opinions on this. But you are not supposed to record your client
COHEN: Well there’s The crime fraud exception rule
BLANCHE: You testified about a story the National Enquirer notified you about Dino Sajudin, that story is completely false?
COHEN: Yes
BLANCHE: By completely false, i mean money was paid to keep the story from coming out, but story was false, correct?
COHEN: I believe so
BLANCHE: Do you have any doubt in your mind?
COHEN: No sir
The jury is back after their lunch recess and now Blanche is back at his cross.
Blanche starts by having to correct the record with the following: that Cohen did NOT have advance notice from the DA's investigator, Jeremy Rosenberg, about the unsealing of the indictment and Cohen did NOT have any evidence that anyone in the DA's Office leaked the indictment.
Now Blanche is now going over the harassing texts Cohen received from a 14-year old.