Good morning from New York.
Trump's criminal trial resumes this morning, but before the jury comes in, the judge will hear arguments over the next batch of alleged gag order violations after writing days ago: "jail may be a necessary punishment."
Live coverage ahead 🧵
Trump's criminal trial resumes this morning, but before the jury comes in, the judge will hear arguments over the next batch of alleged gag order violations after writing days ago: "jail may be a necessary punishment."
Live coverage ahead 🧵
A quick note:
Justice Merchan scheduled today's hearing well before issuing the ruling that stated "jail may be a necessary punishment," but Trump arguably has been on notice far longer.
See how Trump was "hereby warned" in the judge's order from April 1.
Justice Merchan scheduled today's hearing well before issuing the ruling that stated "jail may be a necessary punishment," but Trump arguably has been on notice far longer.
See how Trump was "hereby warned" in the judge's order from April 1.
That's the statute capping the contempt penalty at a fine "not exceeding one thousand dollars, or by imprisonment, not exceeding thirty days."
On Tuesday, Merchan wrote that the fine "unfortunately will not achieve the desired result" if the "contemnor can easily afford" it.
On Tuesday, Merchan wrote that the fine "unfortunately will not achieve the desired result" if the "contemnor can easily afford" it.
That said, Trump's latest batch of alleged gag order violations fell *before* the judge's latest, most explicit warning of jail.
So it's seen as unlikely that Merchan will choose that option this time.
So it's seen as unlikely that Merchan will choose that option this time.
These are the alleged violations at issue today, all from press conferences and interviews.
See the links and the law in this recap by @NormEisen and others from @just_security.
🔗 justsecurity.org/94878/why-trum…
See the links and the law in this recap by @NormEisen and others from @just_security.
🔗 justsecurity.org/94878/why-trum…
Trump enters the courthouse and sits at the defense table.
He adjusts himself in his chair as the photojournalists take his picture.
He adjusts himself in his chair as the photojournalists take his picture.
Entering now:
The prosecution team
The prosecution team
"All rise."
Justice Merchan announces that proceedings will begin with the contempt hearing.
Justice Merchan announces that proceedings will begin with the contempt hearing.
The prosecution is not going to play the video, just describe the clips.
Prosecutor Christopher Conroy starts off quoting this from Trump:
“That jury was picked so fast. 95% Democrats…You think of it as a purely Democrat area. It’s a very unfair situation.”
Conroy: "It’s not just any jurors. It’s these jurors in this case."
“That jury was picked so fast. 95% Democrats…You think of it as a purely Democrat area. It’s a very unfair situation.”
Conroy: "It’s not just any jurors. It’s these jurors in this case."
Conroy says comments like these create "an air of menace."
“By talking about the jury at all,” Trump places the integrity of the proceedings “in jeopardy,” he says.
“By talking about the jury at all,” Trump places the integrity of the proceedings “in jeopardy,” he says.
Conroy turns to Trump's statement during a press conference: “David’s been very nice, a nice guy.”
"This is classic carrot and stick," Conroy says of Trump's remark about Pecker.
He adds Trump's comment is a "deliberate shots across the bow" to other witnesses.
"This is classic carrot and stick," Conroy says of Trump's remark about Pecker.
He adds Trump's comment is a "deliberate shots across the bow" to other witnesses.
Conroy turns to Trump's comments about Michael Cohen, the two other alleged violations.
"We understand the court's concern about Michael Cohen," he says.
In his recent order, the judge gave Trump a pass on one alleged violation because he'd arguably been responding to Cohen.
"We understand the court's concern about Michael Cohen," he says.
In his recent order, the judge gave Trump a pass on one alleged violation because he'd arguably been responding to Cohen.
But Conroy says Trump hadn't been responding to Cohen here.
Moreover, the prosecutor says: “Michael Cohen is not a political opponent.”
Moreover, the prosecutor says: “Michael Cohen is not a political opponent.”
Conroy asks for a maximum fine, though explicitly NOT jail.
Since "we prefer to minimize disruption to these proceedings, we are not yet seeking jail."
Since "we prefer to minimize disruption to these proceedings, we are not yet seeking jail."
Todd Blanche delivers arguments on behalf on Trump, after a rough go at it during the last contempt hearing.
From April 23:
From April 23:
https://x.com/KlasfeldReports/status/1782781163678879914
Blanche brings up Biden's recent swipes at Trump: “Donald has had a few tough days lately. You might call it Stormy weather.”
The lawyer argues that Trump needs to be able to respond to the Stormy Daniels reference.
The lawyer argues that Trump needs to be able to respond to the Stormy Daniels reference.
Merchan notes the gag order allows Trump to respond to Biden, but Trump doesn't need to swipe at Daniels to do that.
Blanche defends Trump's remark about Pecker.
"He gave a very factual and neutral answer."
Blanche denies any deeper message there.
"There's no threat. There's no threat in what President Trump said."
"He gave a very factual and neutral answer."
Blanche denies any deeper message there.
"There's no threat. There's no threat in what President Trump said."
After Blanche makes a reference to "what's going on behind us," the judge pins him down: "What are you referring to?"
"The press," Blanche says.
Merchan pointedly notes there's "no surprises here" at the media interest.
"The press," Blanche says.
Merchan pointedly notes there's "no surprises here" at the media interest.
Blanche complains about Trump's inability to respond to press and witness statements: "Everyone in the world can say everything that they want."
Justice Merchan notes the difference — Trump is a criminal defendant.
Justice Merchan notes the difference — Trump is a criminal defendant.
Merchan:
I don’t have authority over the press. I don’t have authority over the other people saying things.
I don’t have authority over the press. I don’t have authority over the other people saying things.
Justice Merchan remarks that he's not "terribly concerned" about Trump's remarks about Pecker.
Todd Blanche displays a string of exhibits of Michael Cohen taunting Trump in tweets and retweets throughout April.
Cohen's nickname for him, "Von ShitzInPantz," has entered the public record.
Cohen's nickname for him, "Von ShitzInPantz," has entered the public record.
Also an exhibit:
Cohen's repost of @mmpadellan, mocking Trump's remark that he will become a modern day Mandela if he goes to jail
Cohen's repost of @mmpadellan, mocking Trump's remark that he will become a modern day Mandela if he goes to jail
https://x.com/mmpadellan/status/1777476816174776435
Justice Merchan presses Todd Blanche to respond to Trump's remarks about the jury.
Blanche says that Trump believes that he's facing a "political persecution."
Merchan asks him whether it's a violation of the gag order. Blanche, after a preamble, finally answers no.
Blanche says that Trump believes that he's facing a "political persecution."
Merchan asks him whether it's a violation of the gag order. Blanche, after a preamble, finally answers no.
After Blanche says that Trump didn't refer to any *particular* juror in his remark, Justice Merchan shakes his head and looks at him incredulously.
That's clearly the one that bothers the judge most.
The morning's hearing ends.
Brief recess.
The morning's hearing ends.
Brief recess.
As happened during the first contempt hearing, Justice Merchan did not immediately issue a ruling.
Keith Davidson is back on the witness stand.
"All rise."
The jury is entering.
"All rise."
The jury is entering.
Davidson reviews a series of emails between him, Dylan Howard and Michael Cohen, starting on the evening of Oct. 26, 2016.
That's when Cohen started his scheme to funnel the hush money through his shell company, Essential Consultants LLC.
That's when Cohen started his scheme to funnel the hush money through his shell company, Essential Consultants LLC.
Davidson says the emails reflect his losing trust in Cohen.
Q: I believed that he was not telling me the truth.
A: About what?
Q: Delays in funding.
On Tuesday, Davidson said he thought Cohen tried to kick the can down the road until after the election.
Q: I believed that he was not telling me the truth.
A: About what?
Q: Delays in funding.
On Tuesday, Davidson said he thought Cohen tried to kick the can down the road until after the election.
Davidson reviews Trump's confidential settlement with "Peggy Peterson," a.k.a. Stormy Daniels.
The settlement called for liquidated damages of $1 million per breach.
Asked if that's unusual, Davidson said it's "unenforceable." Cohen requested that clause, he says.
The settlement called for liquidated damages of $1 million per breach.
Asked if that's unusual, Davidson said it's "unenforceable." Cohen requested that clause, he says.
Signing the agreement:
Michael Cohen on behalf of shell company Essential Consultants LLC
Michael Cohen on behalf of shell company Essential Consultants LLC
How secretive was it? From the agreement:
"It is further agreed that neither party shall keep a copy of this document [...] FOR AVOIDANCE OF DOUBT, THE PARTIES HERETO AGREE AND CONFIRM THAT THIS SIDE LETTER AGREEMENT IS DEEMED 'ATTORNEY'S EYES ONLY.'"
"It is further agreed that neither party shall keep a copy of this document [...] FOR AVOIDANCE OF DOUBT, THE PARTIES HERETO AGREE AND CONFIRM THAT THIS SIDE LETTER AGREEMENT IS DEEMED 'ATTORNEY'S EYES ONLY.'"
Notice the missing signature line — and the Peggy Peterson's line.
Above 'PP' on another signature line: "Stephanie Clifford."
Cohen's name about the "DD."
Cohen's name about the "DD."
Read the full confidential settlement agreement with Stormy Daniels here. pdfs.nycourts.gov/PeopleVs.DTrum…
Testimony turns to the Wall Street Journal's report exposing Karen McDougal's story.
Davidson says that Cohen told him the boss would be upset, and he understood that to mean Trump.
Davidson says that Cohen told him the boss would be upset, and he understood that to mean Trump.
The prosecutor shows Keith Davidson his reaction to Trump's imminent victory: "What have we done?"
Davidson: "This was sort of gallows humor. It was on election night as the results were coming in [...] There was a growing sense that people were about to call Trump's election."
Davidson: "This was sort of gallows humor. It was on election night as the results were coming in [...] There was a growing sense that people were about to call Trump's election."
Prosecutor Steinglass presses Davidson on the "gallows humor" remark.
Davidson says "there was an understanding" between him and Dylan Howard "that our efforts" — then replaces that word with "activities" — may have helped Trump's campaign.
Davidson says "there was an understanding" between him and Dylan Howard "that our efforts" — then replaces that word with "activities" — may have helped Trump's campaign.
Dylan Howard's response to the "What have we done?" text was "Oh my god."
Davidson recalls a conversation with a frustrated Michael Cohen on Dec. 9, 2016.
"Jesus Christ, can you fucking believe that I’m not going to Washington? After everything I’ve done for that fucking guy!" [...]
"I've saved that guy’s ass so many times, you don’t fucking know."
"Jesus Christ, can you fucking believe that I’m not going to Washington? After everything I’ve done for that fucking guy!" [...]
"I've saved that guy’s ass so many times, you don’t fucking know."
Davidson also recalled Cohen telling him:
"You know that fucking guy’s not even paying me the $130,000 back."
"You know that fucking guy’s not even paying me the $130,000 back."
Exhibit:
Keith Davidson responding to a Wall Street Journal press inquiry by saying, "Nothing about the present day regurgitation of these rumors causes us to rethink our prior denial issued in 2011."
He says he then forwarded that exchange to Cohen.
Keith Davidson responding to a Wall Street Journal press inquiry by saying, "Nothing about the present day regurgitation of these rumors causes us to rethink our prior denial issued in 2011."
He says he then forwarded that exchange to Cohen.
Davidson on why he forwarded the press inquiry to Cohen:
"I think I had a contractual duty to let them know that something was about to be published."
"I think I had a contractual duty to let them know that something was about to be published."
The prosecutors asks Davidson about this purported denial from Stormy Daniels of her alleged affair with Trump.
"Well, I think that this is a tactic that is oftentimes used in the oftentimes cat-and-mouse interactions with publicists, attorneys and the press," Davidson said.
"Well, I think that this is a tactic that is oftentimes used in the oftentimes cat-and-mouse interactions with publicists, attorneys and the press," Davidson said.
Asked point blank if Daniels had a "sexual encounter" with Trump, Davidson replies: "That was my understanding."
The prosecutor and the witness go line-by-line, showing how an extremely technical reading of the document may be justified.
For example, Davidson quibbles with the phrase "hush money."
He prefers the word "consideration."
For example, Davidson quibbles with the phrase "hush money."
He prefers the word "consideration."
On Jan. 17, 2018, Cohen texted Davidson: "I have her tentatively scheduled for Hannity tonight. Call me after your trial."
Davidson says Cohen was "frantic," with many phone calls and text messages.
Davidson says Cohen was "frantic," with many phone calls and text messages.
Text from Cohen to Davidson on Jan. 27, 2018:
“Keith,
The wise men all believe the story is dying and don’t think it’s smart for her to do any interviews."
Davidson replied: "100%."
Daniels never went on Hannity.
“Keith,
The wise men all believe the story is dying and don’t think it’s smart for her to do any interviews."
Davidson replied: "100%."
Daniels never went on Hannity.
More texts about Daniels:
Cohen: "Just no interviews or statements unless through you."
Davidson: "Got it."
Cohen: "Just no interviews or statements unless through you."
Davidson: "Got it."
More texts:
Davidson, 1.24.18: Spoke to her. Everything is as we discussed - she steadfastly refused to speak about the past.
Cohen, 1.25:18: We will see because it airs tonight.
Davidson, 1.24.18: Spoke to her. Everything is as we discussed - she steadfastly refused to speak about the past.
Cohen, 1.25:18: We will see because it airs tonight.
Cohen, 1.26.18: Why is she going on Kimmel after the Sotu
Davidson, 1.26.18: Idk I was pissed. She said this was her shot. I’m meeting with her this weekend to prep her and get the statement.
Davidson, 1.26.18: Idk I was pissed. She said this was her shot. I’m meeting with her this weekend to prep her and get the statement.
Trump is closely following along the text message chain as the evidence is displayed on the screen in front of him.
Davidson says he drafted this carefully worded statement in the Marilyn Monroe suite of the Roosevelt Hotel, a "classic" locale on Hollywood Blvd.
Present at the time were makeup artists, hair dresses, manager Gina Rodriguez, her then boyfriend, Stormy Daniels and him.
Present at the time were makeup artists, hair dresses, manager Gina Rodriguez, her then boyfriend, Stormy Daniels and him.
This was before the Jimmy Kimmel appearance.
Again, Davidson dissects the language of the letter, with this gem of a line:
"I don’t think that anyone alleged there was a 'relationship' between herself and Donald Trump. I think a 'relationship' is an ongoing interaction."
Again, Davidson dissects the language of the letter, with this gem of a line:
"I don’t think that anyone alleged there was a 'relationship' between herself and Donald Trump. I think a 'relationship' is an ongoing interaction."
Daniels denied on Kimmel that she signed signed it, sparking this exchange.
Cohen: "They showed her signature and she claimed it was not hers on Kimmel."
Davidson: "Wtf"
He delicately calls that an “expression of exasperation,” then spells out the acronym under his breath.
Cohen: "They showed her signature and she claimed it was not hers on Kimmel."
Davidson: "Wtf"
He delicately calls that an “expression of exasperation,” then spells out the acronym under his breath.
Texts from 1/31/18
Cohen: "Please tell Gina to ensure she responds the same as your statement tomorrow when she does the view. This is not a comedy show."
Davidson: "Gina is ticked off at stormy because stormy made her look like a liar. Gina says she is going to have a LONG talk with stormy on the plane to NY tomorrow. She assured me this will get handled."
Cohen: "Please tell Gina to ensure she responds the same as your statement tomorrow when she does the view. This is not a comedy show."
Davidson: "Gina is ticked off at stormy because stormy made her look like a liar. Gina says she is going to have a LONG talk with stormy on the plane to NY tomorrow. She assured me this will get handled."
Davidson says Cohen threatened to sue Stormy Daniels, saying things like "Don’t fuck with us" and "You don’t know who you’re fucking with."
Next texts: Davidson runs his reply to a press inquiry from Chris Cuomo by Cohen.
Davidson said reports that Michael Cohen paid Daniels through "personal funds" is in "complete harmony with what [Cohen] informed me of at the time of the transaction.”
"Perfect," Cohen replied.
Davidson said reports that Michael Cohen paid Daniels through "personal funds" is in "complete harmony with what [Cohen] informed me of at the time of the transaction.”
"Perfect," Cohen replied.
Davidson said he believed it was "truthful," even if he stood by his earlier testimony that he believed Trump was the ultimate source of the funds.
The prosecution's final question on direct—
Q: Do you have any stake in the outcome of this trial?
A: No, not at all.
Morning recess.
Q: Do you have any stake in the outcome of this trial?
A: No, not at all.
Morning recess.
Trump's lawyer Emil Bove kicks off cross-ex:
Asked whether he ever met Trump, Davidson replies, "Never"
Asked whether he ever met Trump, Davidson replies, "Never"
Bove asks him about his "strong professional relationship" and close friendship with Dylan Howard.
Q: How did you guys meet?
A: I don't know.
Q: Was it in connection with your work?
A: I think so.
Q: How did you guys meet?
A: I don't know.
Q: Was it in connection with your work?
A: I think so.
Under questioning, Keith Davidson agrees that Karen McDougal had a "very healthy career" before her alleged affair with Trump became public.
After the 2011 blog post on The Dirty, the Daily News picked it up. Davidson also worked to get that story down.
But Davidson did not formally rep Daniels, via an engagement letter, until 2016.
But Davidson did not formally rep Daniels, via an engagement letter, until 2016.
Bove presses Davidson to agree that "Peggy Peterson" and "David Dennison" pseudonym was his contrivance — but Davidson pushes back.
Q: That was your idea, right?
A: No.
Q: That was your idea, right?
A: No.
Davidson says this whopper when asked about Michael Cohen complaining about not going to Washington after Trump's election:
"I thought that he was going to kill himself."
"I thought that he was going to kill himself."
Bove asks a series of questions about extortion, sparking objections from the prosecution table. The judge lets in a question about whether the statute of limitations expired on that crime.
Q: "You're an attorney and you haven't thought about that?"
A: "I have not."
Q: "You're an attorney and you haven't thought about that?"
A: "I have not."
Bove heavily suggests that Davidson was concerned about "the line" before committing extortion.
Q: Even today, you don't remember whether you were concerned about linking the election to these payments.
A: Correct.
Q: Even today, you don't remember whether you were concerned about linking the election to these payments.
A: Correct.
Q: In 2016, you had in fact familiarized yourself with the law of extortion based on a very specific experience, right?
A: No.
A: No.
Davidson agrees that he was subjected to a state and federal investigations with regard to Hulk Hogan.
Asked if he threatened Michael Cohen regarding the election, Davidson replies emphatically: "I never made any threats to anyone."
Asked if he threatened Michael Cohen regarding the election, Davidson replies emphatically: "I never made any threats to anyone."
Bove asks Davidson about TMZ posting information about Lindsay Lohan regarding a confidential patient file.
Davidson says he doesn't recall helping axed Betty Ford employee get paid.
Davidson says he doesn't recall helping axed Betty Ford employee get paid.
Bove asks Davidson about other legal matters he's dealt with involving Tila Tequila, Charlie Sheen and others.
Davidson frequently answers that he doesn't recall these.
Davidson frequently answers that he doesn't recall these.
Bove sarcastically asks whether Davidson's memory "seems a little fuzzy" about these events.
Davidson replies that he's had "1,500 clients in my career."
Davidson replies that he's had "1,500 clients in my career."
Bove tells the witness: "We’re both lawyers. I’m not here to play lawyer games with you."
Objection
Sustained.
Objection
Sustained.
After Bove says he's trying to extract truthful answers, Davidson replies: "You’re getting truthful answers, sir."
But Davidson says he's "not going to discuss confidential matters."
"And if you’re not here to play legal games, then don’t say, 'Extract,'" he pointedly adds.
But Davidson says he's "not going to discuss confidential matters."
"And if you’re not here to play legal games, then don’t say, 'Extract,'" he pointedly adds.
Q: You made a monetary demand to Hulk Hogan's representatives so as to not publish these tapes?
A: No.
Asked if it was for Hulk Hogan to get the rights to purchase the tapes, Davidson answers: Yes.
A: No.
Asked if it was for Hulk Hogan to get the rights to purchase the tapes, Davidson answers: Yes.
Q: There was an FBI investigation related to this?
A: Yes.
Davidson agrees that he practiced criminal law toward the beginning of his career — and Bove says the FBI conducted a sting operation.
A: Yes.
Davidson agrees that he practiced criminal law toward the beginning of his career — and Bove says the FBI conducted a sting operation.
The Tampa Police Department also conducted an extortion investigation.
Davidson was not ultimately charged.
Q: But that experience gave you familiarity with extortion law?
A: Perhaps, I'm not sure.
Davidson was not ultimately charged.
Q: But that experience gave you familiarity with extortion law?
A: Perhaps, I'm not sure.
Next exhibit: Davidson's retainer agreement with Karen McDougal.
It originally called for 35% of attorney's fee, later increased to 45%, according to Bove.
It originally called for 35% of attorney's fee, later increased to 45%, according to Bove.
The defense revisits Davidson's teaser to Dylan Howard: "I have a blockbuster trump story."
Davidson concedes that AMI initially wasn't interested, in part because Karen McDougal hadn't provided enough "corroborating information."
Davidson concedes that AMI initially wasn't interested, in part because Karen McDougal hadn't provided enough "corroborating information."
Lunch recess.
We're back.
Trump's attorney Susan Necheles hands over "a stack of news articles" by legal commentators like Jonathan Turley and others. She says Trump wants to post them, but she wants to make sure they do not violate the gag order.
"We think that they are perfectly fine."
Trump's attorney Susan Necheles hands over "a stack of news articles" by legal commentators like Jonathan Turley and others. She says Trump wants to post them, but she wants to make sure they do not violate the gag order.
"We think that they are perfectly fine."
Prosecutor:
"It seems odd that they're asking the court for an advanced ruling" on these sorts of things.
"It seems odd that they're asking the court for an advanced ruling" on these sorts of things.
Justice Merchan:
"I'm not going to give advanced rulings."
The judge adds "there is no ambiguity" in the gag order, and the appellate court confirmed that.
"I think the best advice you can give your client is, 'When in doubt, steer clear,'" Merchan says.
"I'm not going to give advanced rulings."
The judge adds "there is no ambiguity" in the gag order, and the appellate court confirmed that.
"I think the best advice you can give your client is, 'When in doubt, steer clear,'" Merchan says.
Necheles pushes the issue of sharing these articles:
"I frankly do not know if that violates the gag order."
Merchan reiterates that he's not going to give advanced rulings and says once again, "When in doubt, steer clear."
"I frankly do not know if that violates the gag order."
Merchan reiterates that he's not going to give advanced rulings and says once again, "When in doubt, steer clear."
Davidson's cross-ex resumes:
Trump lawyer Emil Bove unpacks a one-degree of separation happenstance.
Karen McDougal's ex-husband was James Grdina, whom Bove said was tied to The Dirty, the blog that named Stormy Daniels and Trump in 2011.
Trump lawyer Emil Bove unpacks a one-degree of separation happenstance.
Karen McDougal's ex-husband was James Grdina, whom Bove said was tied to The Dirty, the blog that named Stormy Daniels and Trump in 2011.
Questioning turns to Davidson's conversations with Michael Cohen:
Davidson is asked whether he ever expressed that Stormy Daniels had "settler's remorse" or used the word "leverage." The witness says he doesn't recall.
Davidson is asked whether he ever expressed that Stormy Daniels had "settler's remorse" or used the word "leverage." The witness says he doesn't recall.
At one point, Davidson suspected that Michael Cohen had been recording their conversations.
"He was talking in a linear fashion," Davidson said. "It was a very structured conversation. It wasn’t really his personality."
Davidson, donning headphones, hears his tape with Cohen.
"He was talking in a linear fashion," Davidson said. "It was a very structured conversation. It wasn’t really his personality."
Davidson, donning headphones, hears his tape with Cohen.
After listening, Davidson agrees he used the word "leverage."
Q: That was Ms. Daniels' goal, was it not, to create leverage over Donald Trump.
A: No.
Q: That was Ms. Daniels' goal, was it not, to create leverage over Donald Trump.
A: No.
During this series of questions, Davidson is being confronted with his recorded conversation to refresh his memory.
So we're not hearing the conversation, but he's listening — via old-school headphones that hang below his chin rather than above his head.
So we're not hearing the conversation, but he's listening — via old-school headphones that hang below his chin rather than above his head.
In a private conversation with Cohen, Davidson told him that there wasn't any indication that Cohen needed authority to pay the $130,000.
Davidson agrees he also said: "It's the truth, Michael. You know that, and I think that you and I both want the truth out there."
Davidson agrees he also said: "It's the truth, Michael. You know that, and I think that you and I both want the truth out there."
Davidson recalls stating that he thought Trump would lose the election, and when he did, "we lose all fucking leverage and this case is worth zero."
Asked about the unsigned "David Dennison" section in Daniels agreement, Davidson doesn't know what happened with it.
Cross-ex concludes.
Five minute recess.
Cross-ex concludes.
Five minute recess.
Entering the courtroom for the first time today over the break:
Manhattan DA Alvin Bragg.
Manhattan DA Alvin Bragg.
Bragg sits at his usual spot two rows back behind the prosecution table, watching his assistants do their work.
ADA Steinglass begins redirect, beginning with his conversation with Michael Cohen in April 2018.
The prosecutor reveals crucial context: Michael Avenatti was trying to drive a wedge between Stormy Daniels and her former counsel.
The prosecutor reveals crucial context: Michael Avenatti was trying to drive a wedge between Stormy Daniels and her former counsel.
On cross, Trump's attorney quoted Davidson saying "We know we were full of shit" and "we lose all fucking leverage" if Trump loses.
But Steinglass notes Davidson had put these sentiments in Avenatti's mouth, as his talking points at discrediting him.
But Steinglass notes Davidson had put these sentiments in Avenatti's mouth, as his talking points at discrediting him.
The "leverage" line becomes even more clear during recross by Bove:
In fuller context, Davidson is telling Cohen what he says Daniels told him, so as to emphasize that he never pressured her to settle.
Davidson's testimony ends.
In fuller context, Davidson is telling Cohen what he says Daniels told him, so as to emphasize that he never pressured her to settle.
Davidson's testimony ends.
Next witness: Douglas Daus, a forensic analyst at the Manhattan DA's office
We're back to custodial witnesses for verification.
Typically, the parties streamline this process by stipulating to the authenticity of the evidence — that is, when the defense consents to it, which hasn't been happening in this trial.
So, the tedious process begins.
Typically, the parties streamline this process by stipulating to the authenticity of the evidence — that is, when the defense consents to it, which hasn't been happening in this trial.
So, the tedious process begins.
Trump is closing his "beautiful blue eyes" again — presumably to take in the finer technical points of data extraction of digital evidence being not-so-dramatically recounted by the forensic witness.
Trump's eyes re-open, as we finally get to the exhibits.
Text from Michael Cohen to Hope Hicks on Nov. 4, 2016: "Call me"
Text from Michael Cohen to Hope Hicks on Nov. 4, 2016: "Call me"
The jury hears a Trump-Cohen tape, in which Cohen tells him this bombshell line:
"I need to open up a company for the transfer about our friend David."
Context: Cohen create the shell company Essential Consultants LLC to pay Stormy Daniels, as defendant "David Dennison"
"I need to open up a company for the transfer about our friend David."
Context: Cohen create the shell company Essential Consultants LLC to pay Stormy Daniels, as defendant "David Dennison"
There's a lot more on that tape, from both Cohen and Trump, but that's the biggest line.
Much more when we get the transcript and the audio.
Much more when we get the transcript and the audio.
On cross, Trump's lawyer Emil Bove appears to be attacking the chain of custody of the evidence, asking a series of questions about the importance of it being unbroken.
So far, Bove has been describing general principles of forensic extraction. The lawyer elicits from the witness that the mode of extraction used here wasn't sophisticated.
Trial wraps for the day.
Justice Merchan notes that proceedings will end on Friday at 3:45 p.m. ET — slightly earlier than usual — in order to accommodate a juror's appointment.
Justice Merchan notes that proceedings will end on Friday at 3:45 p.m. ET — slightly earlier than usual — in order to accommodate a juror's appointment.
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