OK- now #TrumpTrial Day 4 (after earlier 4 days of jury selection, book here:
David Pecker still on cross-examination; Justice Merchan foreshadowed a "curative instruction" at the end of Day 3. Inner City Press will live tweet, thread belowamazon.com/dp/B0D2FJBVJB
Trump is in the courtroom; blue tie with blue suit this time.
All rise!
Clerk: People versus Donald J. Trump.
Justice Merchan: Next week's hearing, we're changing the time to Thursday at 9:30. The texts from Dylan Howard -
Prosecutor: We've proposed redactions
Justice Merchan: First Mr. Bove said We're all pretty much on the same page, then a concern about prejudice. But I don't know when that will be. At some point we may get there. I'm relying on People v. Settles.
Trump's lawyer Bove: We'll confer with the People
Prosecutor Steinglass: Is the Court going to instruct jurors about what we view as yesterday's improper impeachment by omission?
Trump's lawyer Bove: I intend to begin with Mr Pecker by apologizing
Prosecutor: We want an instruction. The Court has been reasonable
Steinglass: I'd also like the jurors to be instructed about redactions... Next, whether intentional or unintentional, Mr. Bove improperly conflated the Federal and State prosecutors - when it's unclear, I'll object.
Justice Merchan: That will be fine.
[Pecker takes stand; jurors file in]
Justice Merchan: Jurors, yesterday you heard testimony about the prosecution speaking with the witness before testimony. That's permitted by law. Mr. Bove?
Trump's lawyer Emil Bove: Yesterday we spoke about a meeting with prosecutors, about Hope Hicks - but it was the Federal prosecutors. If I'm unclear, I'm sure Mr. Steinglass will raise it. But you may to. Now on Hope Hicks, I asked if she was in the meeting
Trump's lawyer Bove: Defense Exhibit A104 - this is from your Federal grand jury testimony, correct?
Pecker: Yes.
Bove: You were asked to tell the grand jury was occurred at the meeting?
Pecker: Could I see the answer? [Reads pages 5-9]
Trump's lawyer Bove: Before the August 2015 meeting, the National Enquirer was already running negative articles about Bill and Hillary Clinton, right?
Pecker: Yes.
Bove: So it was mutually beneficial?
Prosecutor: Objection!
Justice Merchan: Sustained
Trump's lawyer Bove: You ran stories against Ben Carson, Marco Rubio and Ted Cruz, without much new content, right?
Pecker: I'd have to look at them.
Bove: The National Enquirer repackage information already out there - it's efficient, right?
Pecker: Yes.
Trump's lawyer Bove: Because it was cost efficient, you would have run those articles whether or not you discussed it with President Trump, right?
Pecker: Correct.
Bove: This malpractice allegations against Dr. Carson
[Below, from exhibits]
Trump's lawyer Bove: That photo on the top, of the child, is actually recycled, right?
Pecker: Correct.
Bove: And the Carson West Point scholarship story, also recycled?
Pecker: Yes.
Bove: Same with these Marco Rubio stories?
[Trial exhibit below
Trump's lawyer Bove: You talked about National Enquirer sources, a network of source, for sensitive details, right?
Pecker: Yes.
Bove: But these recycle stories, it's a different business model, right?
Pecker: Correct.
Bove: You wanted the meeting quiet?
A: Yes
Trump's lawyer Bove: But the meeting became public, in the story the People introduced yesterday, right
[People's Exhibit 180
Trump's lawyer Bove: You had a source agreement with Dino Sajudic, right?
Pecker: Yes.
Bove: This is a standard AMI document, correct?
Pecker: It is.
Bove: You compared the doorman's story [of a Trump love-child] to the death of Elvin Presley, you sold 6.5 million
Trump's lawyer Bove: Mr. Sajudin threatened to go elsewhere, so you paid him, right?
Pecker: Yes.
Bove: You amended the agreement, in People's 155?
Pecker: Correct.
Bove: Now on the 2016 negotiations with Ms. McDougal - she wanted to restart her career?
A: Yes.
Trump's lawyer Bove: What do you remember about the call?
Pecker: I was in Chatham, NJ - Mr. Trump's call was transferred there. Mr. Trump said, I spoke to Michael, I want to talk to you about Karen McDougal. Is it true there's a Mexican group with $8 million?
Trump's lawyer Bove: What do you remember about the call?
Pecker: I was in Chatham, NJ - Mr. Trump's call was transferred there. Mr. Trump said, I spoke to Michael, I want to talk to you about Karen McDougal. Is it true there's a Mexican group with $8 million?
Pecker: I told him I doubted that. I told him he should take the story off the market.. He said he'd talk to Michael and they'd get back to me.
Trump's lawyer Bove: Did you tell him that she didn't really want her story published.
Pecker (after a pause) I did.
Trump's lawyer Bove: Didn't Chatham get sued?
Pecker: Yes.
Bove: Didn't you discuss Michael Cohen getting a job, you discussed it with Chatham Assets?
Pecker: Yes.
Bove: You were also talking with Michael Cohen about him [Cohen] going to work for Mark Cuban?
Trump's lawyer Bove: You discussed with Michael Cohen getting paparazzi to take photos of Cohen leaving a meeting with Mark Cuban, to put pressure on Mr. Trump-
Pecker: Michael Cohen never said that to me.
Bove: But that would have been the photos' effect?
A: Yes
Trump's lawyer Bove: Let's turn to the agreement with Karen McDougal - she was not focused on cash - AMI ran 65 stories in Ms. McDougal's name, right?
Pecker: Yes.
Bove: You believed the agreement had a legitimate business purpose?
Pecker: I did.
Trump's lawyer Bove: You called this agreement bulletproof?
Pecker: Yes.
Bove: You said Karen McDougal has Keith Davidson as her lawyer- while also being a source for Mr. Howard. Was that normal, to use attorneys as sources about these clients?
A: This was unique
Trump's lawyer Bove: Mr. Davidson also know Michael Cohen?
Pecker: I found out afterwards.
Bove: You testified to the grand jury with the District Attorney that Mr. Davidson was one of your two major sources, right?
Pecker: Two major sources for * Dylan Howard*
Trump's lawyer Bove: You don't know what Michael Cohen and Davidson were doing on the side, do you?
Pecker: I don't.
Bove: On Stormy Daniels, you said the first time you learned of a story was in 2016 and you told Mr. Howard you wanted no involvement?
A: Yes
Trump's lawyer Bove: Keith Davidson was in the middle once again, your source?
Pecker: Yes.
Bove: You told Dylan Howard not to deal with Stormy Daniels, so what he did with Keith Davidson was outside the scope of his employment?
Prosecutor: Objection!
Sustained
Trump's lawyer Bove: That meeting in January 2017, President Trump was at his desk and they were discussing the Fort Lauderdale shooting - you said you saw Mike Pompeo, and Sean Spicer and James Comey, then the FBI director?
Pecker: Yes.
Trump's lawyer Bove: And you said there was a joke, about you knowing more than anyone in the room?
Pecker: Yes.
Bove: And you know that after that meeting there were some issues between President Trump and Jim Comey, right?
Prosecutor: Objection!
Sustained.
Trump's lawyer Bove: And you said there was a joke, about you knowing more than anyone in the room?
Pecker: Yes.
Bove: And you know that after that meeting there were some issues between President Trump and Jim Comey, right?
Prosecutor: Objection!
Sustained.
Trump's lawyer Bove: You said that at the January 6, 2017 meeting President Trump thanked you for handling Karen and the doorman - were you correct?
Pecker: What do you mean?
Bove: Here's from you meeting with federal prosecutors.
Trump's lawyer Bove: These notes say, Trump then asked Pecker-
Pecker: This is the FBI's interview, their notes, they could be wrong. I know what I testified to yesterday. I know what I remember.
Bove: I'm not trying to put you on the spot
Trump's lawyer Bove: Your testimony is inconsistent with FBI notes, right?
Pecker: Yes.
Bove: I have a few more topics. We could take our break now.
Justice Merchan: 15 minutes.
[Jury leaves]
Bove: I have less than an hour left.
Back in fifteen - here
[They've back]
Trump's lawyer Bove: In early 2018 FBI agents came to your home?
Pecker: They gave me a search warrant and they took my phone. Three agents.
Bove: Eventually AMI entered into a non-prosecution agreement with the government?
Pecker: I guess they did
Trump's lawyer Bove: There was a proposed transaction with the Hudson News Group?
Pecker: To acquire the National Enquirer and the two other tabloids.
Bove: To try to finalize it, you had to clear up the investigation, right?
Pecker: Yes.
Trump's lawyer Bove: Yesterday you said AMI admitted to a campaign finance violation - but there's no violation in this agreement, correct?
@MatthewLeeICP @sdnylive Trump's lawyer Bove: The non-prosecution agreement was kept secret for a time, wasn't it, to allow AMI to talk to its financial institutions?
Pecker: I'm a little confused.
Bove: But this statement of facts, you approved it, yes?
Pecker: Yes.
Trump's lawyer Bove: Do you remember that AMI's lawyer said that paragraph 3 was inaccurate?
Pecker: No.
Bove: Show the parties, the court and Mr. Pecker the notes... This was not passed on, that it was inaccurate?
Prosecutor: Objection!
Justice Merchan: Sustained
Trump's lawyer Bove: You claim Michael Cohen told you, Trump has Jeff Session in his pocket - but you were still concerned, right?
Pecker: I was.
Bove: Because President Trump did *not* have Jeff Session in his pocket, correct?
Prosecution: Objection!
Sustained.
Trump's lawyer Bove: AMI entered into a conciliation agreement with the FEC, right?
Pecker: I was no longer with AMI by then.
Bove: Bu you were a consultant to AMI, correct?
Pecker: I was.
Bove What did that entail.
Pecker, Being available to the new CEO
Trump's lawyer Bove: You suggested to the FEC that the Washington Post had suppressed information about Paula Jones in the 1996 election, right?
Prosecutor: Objection!
Justice Merchant: Sustained.
Trump's lawyer Bove: You found that the boxes in Florida were worthless, that there is no secret trove of documents about Donald Trump at the National Enquirer?
Pecker: Right. The boxes were worthless.
Bove: Nothing further.
Justice Merchan: Redirect
Prosecutor Steinglass: You testified that prior to signing the contract with Ms. McDougal, you spoke with counsel about it, right?
Pecker: I did.
Steinglass: But you never told the outside counsel about your meeting at Trump Tower, yes?
Pecker: I did not
Prosecutor Steinglass: Was it your purpose in entering the contract with Ms. McDougal to kill her story, to influence the election?
Pecker: Yes.
Steinglass: Did you tell counsel that Michael Cohen had said he would reimburse you?
Pecker: I did not
Prosecutor Steinglass: How much time did outside counsel bill AMI for for reviewing the Karen Douglas contract?
Pecker: Half an hour.
Steinglass: While you initially denied the violation, you did eventually settle with the FEC, right?
Pecker: Yes.
Prosecutor Steinglass: So did you and AMI admit that you violated campaign finance laws?
Trump's lawyer Bove: I object - asked and answered.
Justice Merchan: Overruled. Do you want to approach?
[Whispered sidebar ensues]
Prosecutor Steinglass: Apologies Mr Pecker, even I don't remember what the question was... You testified you formulated a plan to sell Ms. McDougal's life right to Mr. Cohen - but did you then speak with AMI's general counsel?
Pecker: Yes. Then I said, Deal is off
Prosecutor Steinglass: AMI's agreement with Ms. McDougal was amended, right?
Pecker: Yes.
[Trial exhibit below
Prosecutor Steinglass: Were you aware of the activities Michael Cohen was engaged in for the Trump campaign?
Pecker: Yes.
Steinglass: Did Michael Cohen use his press contacts on behalf of the Trump campaign
Pecker: Yes he did.
Prosecutor Steinglass: Were there any other instances in which a Presidential candidates' fixer coordinated with you on NDA?
Pecker: No.
Steinglass: On Tiger Woods, you suppressed to get an interview. Here, did you support to influence an election?
A: Yes
Prosecutor Steinglass: Was it important for you to suppress stories about Arnold Schwarzenegger because he was big in Flex magazine?
Pecker: He was important to the body building and supplements industry as a whole.
Prosecutor Steinglass: What was your understanding of the part of the agreement that involved money?
Pecker: It was my understanding that, like with Mr. Schwarzenegger years before, I would be on the lookout for stories for sale. Here, I'd tell Michael Cohen
Prosecutor Steinglass: How would you describe the overlap between your tabloid readership and Trump's base?
Pecker: Our research found that the audience of celebrity magazines loved to read positive stories about Donald Trump. Also negative stories about opponents
Prosecutor Steinglass: Would a story about a former Playboy model having a year-long sexual relation with a President candidate who was married, would that have sold magazines?
Pecker: Uh, yes.
Steinglass: It would have been National Enquirer gold, right?
[And they're back
Trump whispering with Bove, then with Todd Blanche
Jury entering]
Prosecutor Steinglass: Earlier Mr. Bovee - and sorry about that pronunciation earlier - showed you this article, Nov 4, 2016. You were aware of it at the time?
Pecker: Yes I was
Prosecutor Steinglass: The article uses the term catch and kill - so it is unlikely you first heart it from prosecutors, right?
Pecker: I saw it first in the press.
Steinglass: What did you tell Dylan Howard about Ms. Daniels?
Pecker: No dealings with a porn star
Prosecutor Steinglass: But you told Michael Cohen about it, so that the campaign would squash it?
Pecker: Yes
Steinglass: Later Dylan Howard asked you to reach out to Stormy Daniels?
Pecker: We called Cohen on Signal. Dylan told Michael, You didn't wire the money
Pecker: Michael suggested that we buy the story.
Prosecutor Steinglass: Mr. Bove showed you a single line from the FBI notes, that Mr. Trump did not express any gratitude toward you?
Pecker: The agent got it wrong. I was thanked.
Prosecutor Steinglass: Then the notes of the second meeting, they reflect you were thanked for dealing with the Karen and the doorman story?
Pecker: Yes.
Steinglass: Did you give these answers [reads -
Note: Federal Judge Kaplan didn't allow this in Carroll trial
Prosecutor Steinglass: You have an SDNY cooperation agreement, right?
Pecker: Yes
Steinglass: Did they every tell you to say anything but the truth?
Pecker: No.
Steinglass: Did any ADA tell you to not be truthful?
Pecker: No.
Steinglass: Thank you [ends re-direct
Trump's lawyer Bove: You know a private attorney can hold fundraisers for candidates without being part of the campaign?
Pecker: Yes.
Bove: Karen McDougal was a legitimate celebrity at the time?
Pecker (silent, then) No.
Bove: She was on the cover
Pecker: in 1999
Trump's lawyer Bove: But ABC was offering her a spot on Dancing with the Stars, yes?
Pecker: In exchange for her story...
Bove: In 2021 you told the FEC you did nothing wrong?
Pecker: Yes.
Bove: DX A132
Objection and exhibit does not come in.
Bove: Nothing further
Justice Merchan: People, call your next witness.
Prosecutor: The People call Rhona Graff.
[She is sworn in]
Prosecutor: How many years did you work for the Trump Organization?
Graff: 34 years. From the 90s until 2021. I worked for Mr. Trump, 26th floor.
Prosecutor: Are you here pursuant to a subpoena?
Graff: Yes.
Prosecutor: Do you have lawyers here?
Graff: Yes. Brittany... Brittany... Sorry, I can't remember her last name.
Prosecutor: Who is paying for your lawyers?
Graff: The Trump Organization
Prosecutor: We are going to introduce the exhibits on the thumb drive, with redactions. Do they include the contacts of Karen McDougal and Stormy Daniels?
Graff: Yes.
Prosecutor: And of Madeleine Westerhout?
Graff: Yes. She was Mr. Trump's White House assistant
Prosecutor: What is this contact?
[On screen it has
Full name: Stormy
Last name: Stormy
then redaction and four digits]
Prosecutor: Did you see her at Trump Tower before 2015?
Graff: Yes.
Prosecutor: Did you know she was an adult film actress?
Graff: Yes
Prosecutor: Does this show that Mr. Trump was working in Trump Tower on January 17 and 18, 2017?
Graff: Yes.
Prosecutor: And does this show him flying to DC on January 19, 2017?
Graff: Yes.
Prosecutor: Nothing further.
Trump lawyer Susan Necheles: Did you like President Trump?
Graff: He was fair. Stimulating work.
Necheles: Did you only speak about business?
Graff: 99%. But he would ask about my family, very thoughtful of him.
Necheles: Did he invite you to the inauguration?
Yes
Trump's lawyer Necheles: You mentioned Stormy Daniels. Did President Trump see people for the Apprentice show at Trump Tower?
Graff: Yes.
Necheles: The Apprentice was popular?
Prosecutor: Objection
Justice Merchan: Sustained.
Trump's lawyer Necheles: President Trump would ask you about colorful people for Celebrity Apprentice?
Graff: That was smart.
Necheles: Controversial people?
Prosecutor: Objection!
Justice Merchan: Sustained.
Prosecutor: May we approach?
[Sidebar]
Trump's lawyer Necheles: You heard him having discussions with possible guests?
Graff: Sometimes.
Necheles: Did you hear President Trump say Stormy Daniels could be an interesting guest?
Graff: I recall that. It was part of the office chatter.
Trump's lawyer Necheles: She was there to be cast?
Graff: I assumed that.
Necheles: This FedEx label, it was to mail checks down to the White House?
Graff: I was not involved in that.
Necheles: And here he sent an article to Allen Weisselberg. Normal?
Graff: Yes
Trump's lawyer Necheles: You don't want to be here, do you?
Graff: That is correct.
Necheles: No one from the Trump Organization has told you how to testify?
Prosecutor: Objection.
Justice Merchan: Sustained.
Necheles: Nothing further
[Sidebar]
[After sidebar:]
Justice Merchan: Jurors, we're going to take our afternoon recess. 15 minutes.
[Jury selection booklet
Carroll v Trump audio / book
Thread will continue hereamazon.com/dp/B0D2FJBVJB amazon.com/dp/B0CTFPXKGM
[They're back]
Prosecutor: People call Gary Farro. Where do you work?
Farro: Flagstar Bank.
Prosecutor: Are you here voluntarily?
Farro: Yes. I mean, I got a subpoena after. I started at First Union then Wachovia then to First Republic in 2008 after Wells Fargo
Prosecutor: At First Republic did you receive training?
Farro: Yes.
Prosecutor: Do banks collect info before opening an account?
Farro: Yes
Prosecutor: Are some industries not banked?
Farro: We don't do business with gambling, adult entertainment, check cashers
Farro: First Republic was basically high net worth individuals only.
Prosecutor: Do you know Michael Cohen?
Farro: He was assigned to me in 2015.
Prosecutor: Why were you chosen.
Farro: I was told, because I was good at dealing with people who could be difficult
Prosecutor: Who did he tell you he worked for?
Farro: Former President Donald Trump.
Prosecutor: What was his profession?
Farro: He's a lawyer. Or was, not sure
Prosecutor: How many accounts did Michael Cohen have before you took on his account?
Farro: 4 or five.
Prosecutor: Read this email.
Farro: It's from my assistant Lizzy Rappaport. It say to call Michael Cohen regarding an important matter. I did call him - he wanted to open a new LLC account, immediately, with no address on the checks.
Prosecutor: What was the LCC?
Farro: Resolution Consultants LCC, Michael Cohen Sold member." It was established in Delaware.
Prosecutor: And this email?
Farro: Paperwork to set up the Resolution Consultants account. MAICS code, including HR and marketing
Prosecutor: What does this ask?
Farro: Is entity engaged in political fundraising. Mr. Cohen said No. A deposit was never made into the account; it never went live
Prosecutor: & another account, did he ask for it?
Garro: Urgently. Every time he said it was urgent
Prosecutor: Now for Essential Consultants LLC.
Farro: He called me but I was on a golf course. I know it's cliche, a banker on a golf course. I told him to go into the branch.
Prosecutor: I'm at a natural stopping point.
Judge Merchan: Can you approach?
[Sidebar
OK - Now Luigi Mangione NYS criminal case, packed courtroom, his lawyer Karen Friedman Agnifilo waiting at defense table. Inner City Press wrote the book, Lone Wolf and will live tweet, thread belowbooks.google.com/books/about/Lu…
2:12 pm, the prosecutors march in, some at the front table, some in front row. Luigi Mangione has not yet been brought out from the holding cell
2:21 pm Come to order!
Justice Gregory Carro takes the bench.
2:24 pm Luigi Mangione is brought in, green sweater and bullet proof vest, shackled.
Friedman Agnifilo: Please allow him to be unshackled.
OK - now US v. Eric Adams hearing on DOJ bid to dismiss without prejudice - Inner City Press wrote the Sovereign District? book and will live tweet, thread belowamazon.com/dp/B0DXGMKN49
All rise!
Good afternoon, Emil Bove for the Government.
Alex Spiro for Mayor Adams.
Judge Ho: Thank you for coming in on such short notice. On Feb 14 the Government filed a motion to dismiss the charges without prejudice. I have a few questions...
Judge Ho: I want to proceed carefully. I need your assistance, this is an unusual situation. Let's bring the motion to dismiss up on the screen. I want to ask about Paragraph 2, the written consent. Mayor Adams, I have to ask you a few questions...
OK - now at Treasury Dep't data access preliminary injunction hearing at SDNY after NYS AG Tish James spoke outside, including on Eric Adams (City of Maybe book:
Inner City Press will live tweet, thread below amazon.com/dp/B0DPCKZYSW
All rise!
Judge Jeannette A. Vargas: We are here on the preliminary injunction request. I have accepted three amicus briefs, including by the State of Iowa and 19 other states in support of the defendants. Any evidentiary objections?
No. No.
Judge: Let's begin with standing.
NYS lawyer Andrew Amer: Blocking funding on ideological grounds confers Article III standing. There is also PII, personally identifying information, access by DOGE. It's all part of a single plan.
Judge: Has there been disclosure?
All rise!
Judge Lewis J. Liman: I have consolidated the cases. I'd like to hear from the Lively parties first, then the Wayfarer / Baldoni parties. I'd like to hear the information I'll need to manage this case, discovery information required, and legal issues
Lively's lawyer from Willkie Farr firm: Our plan at Docket 49 is not longer feasible. Counsel for Wayfarer did not tell us they planned to file an amended complaint, including a 168 page compendium [full of text messages]. There is authority to deconsolidate cases
OK- now at case against crypto firm Binance, CZ, Syria and Iran by victIms of Oct 7 attack. The UN has been similarly sued here @SDNYLIVE but claims total immunity. Inner City Press will live tweet, thread below
Binance lawyer [from Cahill Gordon] We are accused of non-feasance, failures to prevent money laundering and to file SARS. Such cases are routinely dismissed-
Judge: Not recently.
Judge: Secondary liability for aiding and abetting is hard to dismiss.
Binance lawyer: Crypto is used by 100 million people. It is not inherently dangerous.
OK - now the Bob Menendez bribe-taking sentencing, after bribe-givers Fred Daibes got 8 years and Wael Hana 97 months. US wants 15 years on Gold Bar Bob. Inner City Press wrote the book amazon.com/Gold-Bar-Bob-M… & will live tweet, thread below x.com/innercitypress…
All rise!
Judge Stein: I have the sentencing memo and many letters in support of Senator Menendez. The Probation Department puts the sentencing guideline at 292 to 365 months; they recommend 144 months.
AUSA Paul Monteleoni: We have a correction to the Pre-Sentencing Report, as to the gold bar.
Judge Stein: I will insert that Nadine Menendez worked through a jeweler in New Jersey to sell some of the gold in New York. Other than that, I adopt the findings of fact.