Thread by @AnnaBower

Good morning from 100 Centre Street, where Manhattan prosecutors and defense counsel for Donald J. Trump are set to deliver opening statements in the first criminal trial against a former American President.

I’ll be in the courtroom for @lawfare. Follow along for updates ⬇️ 🧵

Things seem to be off to a slow start this morning.

Members of the press and public are still lined up outside as we wait to enter the courthouse.

It’s a very chilly morning in NYC, which has left some of us (me) shivering in the cold.

Bear with me as I deal with some internet connectivity issues...

The prosecution and the defense--including Trump-- have entered courtroom 1530.

Justice Merchan starts with some housekeeping: Court will break earlier than expected today (12:30 pm) bc a juror has an appointment.

Meanwhile, Justice Merchan and the parties disappeared for several minutes to speak with Juror #9.

According to Merchan, the juror expressed concerns on Friday regarding media attention in the case.

When they return, Merchan says that Juror 9 will stay with us for trial.

Justice Merchan reads his ruling on the Sandoval hearing held on Friday.

At that hearing, the parties argued over whether the prosecution should be able to question Trump about certain "prior bad acts" if he takes the stand in his own defense.

Merchan says that he will allow the prosecution to question Trump about several prior acts if he chooses to testify. They include:

(1) The civil fraud case against Trump others presided over by Judge Arthur Engoron

(2) The two instances in the case presided over by Judge Engoron in which Trump was held to have violated court’s gag order
(3) Trump being held liable for defaming E. Jean Carroll
(4) Trump’s stipulated dissolution of the Trump organization to resolve claims by the NY AG

With preliminary matters behind him, Justice Merchan instructs the court officer to bring the jury in.

Once the jurors are seated, Merchan tells them that he'll start with preliminary instructions. The instructions include an overview of basic principles of law and evidence...

Merchan explains that the prosecution bears the burden of proof--beyond a reasonable doubt.

If the people satisfy their burden of proof, you must find the defendant guilty, he says.

Your decision must not be based on speculation, bias, or prejudice, Merchan continues.

Merchan explains the life cycle of a case: Opening statements, presentation of evidence, and closing arguments or "summations." He explains that the parties are not permitted to comment on or make argument about the evidence & witness testimony until closing arguments.

Merchan speaks in a slow, deliberate manner as he delivers these routine instructions to the jurors.

They appear to be listening intently. One juror seems to be a "nodder"--that is, he has nodded at Merchan several times as the judge provides preliminary instructions.

Trump, for his part, is sandwiched between attorneys Todd Blanche and Emil Bove at the defense table. Another Trump attorney, Susan Necheles, is seated to the left of Bove.

At one point, Trump studied some documents in front of him. Now he appears to be looking up, listening.

Merchan just wrapped up his preliminary instructions. We're now moving on to opening statements, starting with the prosecution.

"This case is about a criminal conspiracy and a cover up," Matthew Colangelo begins.

Coangelo sketches the contours of the alleged conspiracy for the jury.

Soon after Trump announced his run for President, he asked David Pecker—the CEO of AMI, the parent company of the National Enquirer—to meet with him. Also at the meeting was attorney Michael Cohen.

Cohen, Pecker, and Trump, “struck an agreement" at that meeting, the prosecution says.

They agreed that Pecker would help campaign by acting as the "eyes and ears" of the Trump campaign to gather info harmful to Trump, which would then be reported to Cohen.

As a part of the scheme, Trump, Pecker, and Cohen colluded to carry out three different "catch-and-kill" schemes--that is, payoff schemes to buy up and "kill" damaging stories about Trump.

The 1st catch-and-kill scheme involved a former doorman's claim that Trump fathered an out-of-wedlock child with an ex-employee.

The 2nd scheme involved Karen McDougal, a former playboy playmate who shopped around a book about her affair w/ Trump 6 months before 2016 election.

The 3rd "catch and kill" scheme involved another woman who planned to speak out about her past sexual relationship with Trump: Stormy Daniels, aka Stephanie Clifford.

As Coangelo tells it, Daniels planned to come forward at a particularly sensitive time for the campaign...

The infamous Access Hollywood tape had just dropped about a month before the election, and Trump was "deeply” concerned that the tape would damage his presidential prospects, especially w/ women voters.

With election day fast approaching, Daniels plan to come forward posed potential problems for Trump's presidential hopes.

So Cohen paid Daniels $130,000 as a part of the catch-and-kill deal.

But when it came time to pay Cohen back for the payment to Daniels, neither Trump nor the Trump Org could just write a check for 130K that said “payoff for porn star," Coangelo tells the jury.

So they "cooked the books" instead, he says.

The defendant and others concocted a scheme to use “doctored” records to conceal the payoff.

Specifically, the repayment scheme to Cohen involved falsifying records that claimed Cohen was being paid for "legal services" instead of a reimbursement.

The evidence will show that all of this amounted, Coangelo says, to an illegal conspiracy to undermine the results of the 2016 election.

The evidence “leads to the one conclusion that Donald Trump is guilty of 34 counts of falsifying business records."

With that, the prosecution is finished with its opening statements.

Todd Blanche, on behalf of Trump, is up next.

While the prosecution presented what appears to be a very clean, simple, nice story, he says, the story you just heard is not true.

The prosecution claims that the reimbursement of Cohen's $130K payment to Daniels was falsely represented as payment for legal services.

But they also told you that Trump paid Cohen $420K, not $130K, Blanche says.

Why would a frugal businessman repay a $130K debt for $420K?

Because the payback scheme to Cohen was not a reimbursement payment, Blanche says.

You’ll hear that Cohen was Trump’s personal attorney and did legal work as his personal attorney, Blanche tells the jurors.

The prosecution also claims that the so-called "hush money" payments were illegal. But Michael Cohen paying Daniels 130K to not publicly spread “false” claims about “President Trump” is not illegal, Blanche says. You'll learn that paying for non-disclosure agreements is common..

You'll learn that the "hush money" payments paid out were "negotiated by lawyers."

This elicits an objection from the prosecution. Merchan asks counsel to approach the bench. After they briefly discuss out of earshot, Merchan sustains the objection.

Continuing his opening, Blanche shifts to the topic of Michael Cohen's credibility.

In the years that Cohen worked for Trump, Trump would later learn that during that time Cohen was a criminal.

In 2018, Cohen got caught, Blanche says in reference to Cohen's 2018 guilty plea.

Cohen is a convicted felon, Blanche says, and he blamed Trump for his own choices and legal troubles.

"He's obsessed with President Trump even to this day.”

"He has talked extensively about his desire to see President Trump go to prison..."

"You will learn that just last night Mr. Cohen said he had a 'mental excitement' about this trial and his testimony."

Blanche says Cohen cannot be trusted. He has in other courtrooms walked in and swore to tell the truth but I suspect he will tell you he was lying, Blanche says.

[The latter statement elicits an objection from the prosecution, which is sustained.]

Blanche tells the jury that there's two issues with Cohen as a witness: First, there's his "desire to see Trump go to jail" and his "obsession" w/ trump. His livelihood depends on Trump’s destruction, Blanche says. Second, he’s previously been convicted for lying under oath.

Given this, you cannot make a decision about President Trump based on Michael Cohen, Balnche proclaims to the jury.

Listen to the evidence, Blanche tells the jurors. And ask yourself if what the prosecution says rings true.

“We trust that you’re going to decide this case based on the evidence you hear..and nothing else. If you do that, it will be a very swift not guilty verdict," he concludes

Opening statements have concluded in the first criminal trial against a former American president.

Merchan directs the prosecution to call their first witness.

"The People call David Pecker."

Pecker is the former CEO of AMI, the parent company of the National Enquirer.

Prosecutors allege that Trump—along with Cohen, Weisselberg, Pecker, and others—orchestrated several "catch-and-kill" schemes to influence the 2016 presidential election.

A court officer swears Pecker in.

He's a 72-year-old man, with silver hair and a thick mustache. He's wearing a charcoal grey suit and a yellow tie.

Pecker explains his past job as President, Chairman, and CEO of AMI. In addition to the National Enquirer, AMI owned other celebrity tabloids, including Star, Life & Style, and the Globe.

Pecker says he had final say on what got published wrt the celeb tabloid side of business.

Do you know Dylan Howard? the prosecution asks.

Yes, Pecker says. He was editor-in-chief at the National Enquirer during period from 2015-2017 and reported directly to Pecker. He also worked as chief content officer at AMI.

Pecker says he no longer has contact with Howard. It's his understanding he lives in Australia and no longer works at AMI. As Pecker understands it, Howard cannot travel internationally.

And with that, Pecker is done for the day (though he'll be back.) We're ending early because a juror has a medical appointment related to a toothache.

The jury files out as Trump watches on.

Merchan reminds the parties that tomorrow morning he will hold a hearing on the prosecution's contempt motion related to Trump's alleged violations of the gag order in this case.

Emil Bove, on behalf of Trump, rises from his seat to tell Judge Merchan that the defense objected in advance to any testimony from Pecker regarding the unavailability of Dylan Howard as a witness. Merchan says the objection is "noted."

Bove addresses a few other issues that may arise related to hearsay objections for several email or text message exhibits that the prosecution could introduce. Merchan basically told them to confer with the prosecution and see what they can work out.

"Have a good night," Justice Merchan says at 12:41 p.m. as he concludes today's proceeding.

And with that, it's a wrap.

We'll be back tomorrow morning for the contempt hearing and continuance of witness testimony.

I'll discuss opening statements with @TylerMcBrien and Ben Wittes at 1:30 pm ET (assuming we can get out of court and find somewhere to record...). Join us!

https://x.com/lawfare/status/1782431466560893352

@TylerMcBrien Thanks to all who followed along during Day 1 of Trump’s trials.

I’ll be back in court with @TylerMcBrien for Day 2 tomorrow.

In the meantime, if you appreciate our coverage, please consider donating to our Trump Trials fundraiser:

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