Thread by @innercitypress

OK - now Trump NY criminal hearing before Judge Merchan in Stormy Daniels case - Inner City Press published Trump Trial II (on E Jean Carroll by @MatthewLeeICP, series of books incl SBF @SDNYLIVE) and will live tweet this, thread belowamazon.com/dp/B0CTFPXKGM

Update: Trump is now in the courtroom at defense table, blue suit, red tie. Still no Judge Merchan

All rise!
Clerk: This is the People of the State of New York versus Donald Trump.
Judge Merchan: Let's start by going over the events that bring us here today. On March 8, defendant filed a motion seeking to move to discovery sanctions...

Judge Merchan: Defense argued that the People suppressed evidence... and alleged prosecutorial misconduct. As a result of these serious allegations, this Court gave the People until March 18 to respond. On March 14 the People consented to an adjournment of 30 days

Judge Merchan: The Court relied on these filings, which were filed by officers of the court, and agreed to a prompt hearing. The trial scheduled to begin today was adjourned April 15 and we set today's hearing. The Court request all correspondence with SDNY

Judge Merchan: The Court received that affirmation of Todd Blanche... It went far afield. This Court has examined the hundreds of pages filed and is of the opinion that there really are not significant questions of fact to be resolved

Judge Merchan: Is there anything else I should consider?
Trump's lawyer: We communicated with SDNY on March 20, seeking information. They have said they coming to provide information about Ms Clifford [Stormy Daniels]

Judge Merchan: I don't think that's related today's hearing, but thank you. When did you request those documents?
Trump's lawyer: On March 20. We requested them from the [NY] DA earlier, but from SDNY only on March 20
Bragg's lawyer: We agree these are not related

Judge Merchan: I did have an opportunity to review the documents, like all of I wish I had a bit more time. But for Defendant, your request was made in January. Why didn't you bring his to my attention at the February hearing?

Trump's lawyer: The process was ongoing, the Touhy request hadn't been granted. I don't know what we would have said to the Court at that time. I can apologize-
Judge Merchan: It's just a question. You did not bring it up. But you argued then for delay

Trump's lawyer: We can multiple reasons to argue for delay on that day. We didn't think the document issue would be persuasive to the court then
Judge Merchan: For both parties - you received the [Cohen] documents by March 15. How many were relevant to this case?

Bragg's lawyer: 300 or so. And that are largely inculpatory -
Judge Merchan: Inculpatory?
Bragg's lawyer: Yes.
Trump's lawyer: We very much disagree. The number of documents that are relevant has grown from last week. We cannot ignore bank records, from [Cohen]

Judge Merchan: If you are talking about the Mueller investigation, it is not relevant to this case.
Trump's lawyer: But -
Judge Merchan: I decide what is relevant. And I am not letting that in.
Trump lawyer: The witness discussed what his role was, at the time

Trump's lawyer: The production included 4000 emails-
Judge Merchan: Pertaining to what?
Trump's lawyer: There are 2300 attachments. We only got these a week ago. I can give examples, but we have not reviewed all the attachments or multimedia files

Judge Merchan: Give me more information.
Trump's lawyer: It's about [Cohen's] roles as President Trump's personal attorney. These are emails we'd never seen before. Some we can say, Not relevant. But we cannot just take the People's work as to the 300

[Note: it's "the People's worD"]
Trump's lawyer: Some of the documents are 1000s of pages long. Banking information. Internal communications among banking staff -
Judge Merchan: How many documents are relevant to this case?
Trump's lawyer: Thousands.

Judge Merchan: Two thousand? Twenty thousands? I need to know, to consider how much time
Bragg's lawyer: The March 15 production, it was 91,000 pages. 56,000 were records from Sterling Bank, nothing to do with this case. Another 35,000 relate to First Republic

Bragg's lawyer: The First Republic records are about shell companies set up in connection with Stormy Daniels, they are inculpatory.
Trump's lawyer: They talked at length about the Access Hollywood tape, the 302s... As for the banking information, we need to look

Trump's lawyer: There are records of Mr. Cohen still claiming to be a Trump Org employee. It's Giglio material, we might raise it on cross.
Judge Merchan: The People's memo of March 18, there a footnote, please clarify.
Bragg's lawyer: It was about 9 banks

Bragg's lawyer: These were grand jury materials, that could only be shared with law enforcement parties. The note was intended to say we did not acknowledge the documents are relevant.
Judge Merchan: Defendant alleges the People is actively suppressing discovery

Bragg's lawyer: It were preparing a witness, no new information - so no memorialization or disclosure.
Judge Merchan: They cite a day that Cohen was filmed entering your office and write, Cohen on a podcast said, Documents like this from the Manhattan DA

Bragg's lawyer: That was a binder of publicly available materials. That binder is not discoverable
Judge Merchan: It's said the defense and SDNY were trying for seven days to schedule a call. Did it take that long?
Trump's lawyer: No. There were 2 separate calls

Judge Merchan: Is there any authority that 245.20 required the People to obtain information from the SDNY?
Trump's lawyer: Under the CPL they are required to get information that is not necessarily under their custody.
Judge: It seemed you alleged a 245 violation

Judge Merchan: Case law. Can you give me one case on this?
Trump's lawyer: I don't have a case.
Judge Merchan: This is disconcerting, given your allegations about the People's misconduct, and that I am somehow complicit in it. You don't have a cite?

Judge Merchan: I don't want hear about emails and phone calls. Here's my final question [blows nose] Excuse me, I apologize - the allegation is that the People did not gather the info from the US Attorney's Office. Are you saying there was knowing withholding?

Trump's lawyer: There were requests all the way back to 2019. Then there was a big meeting, the DA told the Southern District, we're going to come back and ask for information. SDNY never said no. The People ask, and they get. They knew-

Judge Merchan: Why did you wait until two months before trial?
Trump's lawyer: We were going through the 11 million pages provided.
Judge Merchan: You were in that Office for 13 years. You knew enough to ask.
Trump's lawyer: It's not our job.
Judge: Not DA's job

Judge Merchan: You could have requested in June, and gotten it.
Trump's lawyer: There's a broader obligation on the People, more than just look around their office and thank the SDNY-
Judge Merchan: Did you review the People's exhibits?
Trump's lawyer: Of course

Trump's lawyer: The 30,000 emails, they were from search warrants. The People could have asked for them, they were working with SDNY. The Touhy regs are complicated. We had to establish we had subpoenaed Mr. Cohen

Trump's lawyer: There was no way to know if a Touhy request last summer would have yielded this. We didn't know what the People would do. This time, SDNY took 5 days-
Judge Merchan: How did the communications between DANY and SDNY start? Your papers are misleading

Judge Merchan: The People did not obstruct you. That's just not what happened-
Trump's lawyer: They had not asked Southern for a single piece of paper. They should have told SDNY, give them information-
Judge Merchan: That's pretty much what they did

Bragg's lawyer: Short of suing the Federal government, I don't know what we could have done.
Trump's lawyer: There were multiple communications back and forth. They say they had no obligation. That's just wrong.

Judge Merchan: This is a pattern. I hear information, then I hear your interpretation - and they're different. We're going to take a short break. Let's take 45 minutes. [Looks of surprise. Thread will continue below]

They're back, at 12:09 pm.
All rise!
Judge Merchan: The purpose of this hearing was to determine who was to blame, and what prejudice. I will rule from the bench: this Court finds that the DA is not at fault for the late production of documents.

Judge Merchant: The DA's office was diligent. Defendant will not suffer any prejudice. Jury selection will proceed in 21 days, on April 15. It will not conflict with Passover.
Trump's lawyer: We have been trying to file a motion about pre-trial publicity

Bragg's lawyer: We think it unlikely that adjournment is warranted by pre-trial publicity. But if they move, we'll respond.
Judge Merchan: What has changed?
Trump's lawyer: We collected and analyzed data. These motions come close to the trial date

Trump's lawyer: He is running for President, he should not have to sit for this trial now, given that DANY could have filed this case 3 years ago.
Judge Merchan: When can you file it?
Trump's lawyer: Today. It's attached to our pre-motion letter.

Judge Merchan: The People have a week to respond. See you all on the 15th [of April]. We are adjourned.
[Inner City Press story later - here's book about Trump Trial II: amazon.com/dp/B0CTFPXKGM