OK - now #TrumpTrial with prosecution's tech expert Daus still on cross - he's introduced audio of Trump & Cohen, and Cohen & Keith Davidson, subject of next booklet (Pecker audio/book here:
Inner City Press will live tweet, thread belowamazon.com/dp/B0D2V212N2
Trump has arrived - blue suit, blue tie - and is talking to his lawyer Emil Bove to his right in the lead counsel / cross examination seat. Blanche crosses aisle to confer with prosecution. Drum roll.
All rise!
Clerk: This is the People of the State of New York versus Donald J. Trump.
Justice Merchan: Before we put the witness on the stand, I want to clarify to Mr. Trump that you have an absolute right to testify at trial.
Justice Merchan: The order restricting extrajudicial statements does not limit what you can say from the stand. That's why it's called "extrajudicial" statement.
Trump's lawyer Blanche: We have evidentiary objections about the next witness. There is hearsay
Trump's lawyer Blanche: The People are trying to introduce a full transcript of the Access Hollywood tape - but it is only coming in to show intent. Mr. Pecker already testified about it. I expect there will be a witness today who was speak extensively about it
Trump's lawyer Blanche: The Court would take into account the Weinstein decision -
Justice Merchan: You mean the reversal on Harvey Weinstein? I don't thing that ruling changes my view at all. The law of Sandoval remains the same.
Trump's lawyer Blanche: Then there's the Truth [Social] about If you come after me, I'm covering after you. There's been briefing in DC, the gag order there - but there's no proof. Maybe they came prove up on other tweets.
Justice Merchan: The jury is waiting
Prosecutor: The Court ruled we can introduce a transcript of the Access Hollywood tape - can we do it with the photo blacked out? It's from the Wayback Machine.
Justice Merchan: The People do have a right to establish the date when it was published
Justice Merchan: Let's get the witness, and then the jury
[Dau takes stand, is told he's still under oath; jury enters
Trump's lawyer Emil Bove: The two cell phones, you got the consent of Michael Cohen, signed Jan 19, 2023?
Daus: Yes.
Bove: But you got it Jan 23
Trump's lawyer Bove: Your unit didn't get the two phones under January 23. Let's talk about chain of custody - there's only 1 signature as witness, not two - that's not ideal if there is a dispute, right?
Daus: Theoretically.
Bove: You'd want to have 2 witnesses
Trump's lawyer Bove: You don't know if the phone was hooked up to the Internet, do you?
Daus: I do not.
Bove: You found a Signal App on the phone, yes?
Daus: I did.
Bove: Self-delete is an option, and it is difficult to get them then?
Daus: It is.
Trump's lawyer Bove: Mr. Cohen had it set for messages to self-destruct in 7 seconds?
Daus: He did.
Bove: What about the Dust app, which allows self-delete as soon as a message is read - it would make it impossible for someone like to you reconstruct?
Daus: Yes
Trump's lawyer Bove: A factor re-set can wipe all the data off a phone, right?
Daus: It can.
Bove: There was a factory re-set of Michael Cohen's phone in October 2016, yes?
Daus: There was.
Bove: So where did the file come from? On January 25, 2017, a synch
Trump's lawyer Bove: You don't know what the back-up entailed?
Daus: That file, certainly.
Bove: We'll talk about the September 6 file. But first, you didn't collect Michael Cohen's laptop?
Daus: We did not.
Bove: That's how you could know what he loaded on
Trump's lawyer Bove: The large number of contacts could come from the synch, right?
Daus: It could.
Bove: You know the call was cut off?
Daus: Near the end.
Bove: How do you know it was the end? Bring up Defense G19 - does it refresh your recollection?
Daus: No
Trump's lawyer Bove: The call you say came in at the end of the audio file - there's nothing on the cell phone about it, is there?
Daus: There is not.
Bove: This photo of Michael Cohen in the White House, is this the meta data?
Daus: Yes.
Trump's lawyer Bove: But there's no similar meta data for the audio files?
Daus: There is not.
Bove: There was another synch in October - but the exhibits show nothing about it - so we just have to take Michael Cohen's word about that happened in October 2020
Trump's lawyer Bove: And the phone was turned on again in 2022, did you know?
Daus: I did not.
Bove: And Michael Cohen used it to make another recording - and you don't know what he did-
Prosecution: Objection!
Justice Merchan: Sustained
Trump's lawyer Bove: So we just have to take Michael Cohen's word for it?
Daus: We do.
Bove: No further questions.
Justine Merchan: Re-direct?
Prosecutor Chris Conroy: You don't hang out with Michael Cohen, do you?
Daus: I do not
Prosecutor Conroy: And you actually saw no evidence of tampering, did you?
Daus: I did not
Conroy: No further questions.
(re-cross) Bove: You saw the possibility of tampering - and the cut off of the file by a call, nothing on that in the phone, right?
Daus: Right
Justice Merchan: Counsel, please approach.
[Whispered sidebar; seats on either side of Trump at defense table are empty, Susan Necheles 1 seat down]
Justice Merchan: Next witness?
Prosecutor: The People call Georgia Longstreet [of DANY]
Prosecutor: Where do you work?
Longstreet: DANY. I'm a paralegal.
Prosecutor: Have you worked on a case against Donald Trump?
Longstreet: Yes. For about the last year and a half.
Prosecutor: Collecting social media info?
Longstreet: Tweet, Instagram, Truth Social
Prosecutor: How many social media posts have you saved?
Longstreet: 1500. I use SnagIt then I hash it.
Prosecutor: Did you review [at] RealDonaldTrump on Twitter?
Longstreet: I did. And [at] POTUS45.
Prosecutor: What is Truth Social?
Longstreet: It's like Twitter
Prosecutor: Did you use the WayBack Machine to review previously published news articles?
Longstreet: I did.
Prosecutor: Including 405A, the Washington Post article [Access Hollywood tape]
Trump's lawyer Blanche: Objection
Justice Merchan: Jurors, step out
[With jury out]
Trump's lawyer Blanche: We'd like to discuss a stipulation [about exhibit], given your ruling
Justice Merchan: I'm going to step out for a few minutes.
Thread will continue here
[They've back]
Justice Merchan: I'm satisfied a foundation has been laid by the witness for authenticity.
Prosecutor: Your Honor ruled that we can introduce evidence to offset defendant's claim the witnesses benefit from testifying, and to explain previous denials
[Jury entering]
Prosecutor: We have a stipulation that the Access Hollywood tape was published by the Washington Post on Oct 7, 2016. We offer these exhibits.
Trump's lawyer Blanche: Objection.
Justice Merchan: Objection is noted.
Prosecutor: 407A
[Jury is shown video of Trump apologizing for Access Hollywood tape: "This is a distraction. I've said some foolish things. Bill Clinton has actually abused women, and Hillary has intimidated his victims."]
Prosecutor: When was this?
Longstreet: October 8, 2016
Prosecutor: What's this?
Longstreet: From Truth Social, on March 15, 2023: "I did nothing wrong in the Horse Face case... felon, jailbird Michael Cohen." Then, "IF YOU GOT AFTER ME, I'M COMING AFTER YOU!!"
Prosecutor: No further questions.
Cross-examination.
Trump's lawyer Blanche: Did you review the Twitter of Michael Cohen?
Longstreet: Yes.
Blanche: Have you reviewed his TIkTok?
Longstreet: No.
Blanche: Listened to all of his "Mea Culpa" podcasts?
Longstreet: Absolutely not
Trump's lawyer Blanche: You have no independent knowledge of how Truth Social date stamps its post?
Longstreet: I do not.
Blanche: No further questions.
Prosecutor: The People call Hope Hicks.
Trump's lawyer: Objection, we-
Justice Merchan: Come up
[sidebar]
Witness: I am Hope Hicks. I started working in different P.R. and marketing jobs, Hiltzik Strategies, crisis communications for well-known individuals. I met Ivanka Trump and started to help with her personal brand then the Trump hospitality initiatives
Prosecutor: Did you work for the Trump campaign?
Hicks: Yes. Mr. Trump - at that time, Mister Trump - said he was exploring a campaign.
Prosecutor: What do you do now?
Hicks: I have a communications company.
Prosecutor: Have you been subpoenaed by DANY?
Yes.
Prosecutor: Who's paying for your lawyer?
Hicks: I am.
Prosecutor: When did you last speak with the defendant?
Hicks: Summer 2022.
Prosecutor: How did you start with the Trump Organization?
Hicks: It was thriving: gold courses and buildings, Don Jr. and Eric.
Prosecutor: Were you called in to Mr. Trump's office while he was meeting with someone else?
Hicks: Yes. He might call in for poll numbers, positive press about properties.
Prosecutor: Who did you report to?
Hicks: Everyone who works there reports to Mr. Trump
Prosecutor: Are you familiar with Keith Schiller?
Hicks: Mr. Trump's bodyguard. They were close.
Prosecutor: And Rhona Graff?
Hicks: She was crucial to how everything ran on the 26th floor.
[Note: in the lead counsel chair, presumably to cross, is Emil Bove]
Prosecutor: And Allen Weiselberg?
Hicks: All things financial. Mr. Trump lent himself money for the campaign at first.
Prosecutor: Required financial disclosure, tell us about it.
Hicks: We did it and put out a press release.
Prosecutor: Michael Cohen?
Hicks: He was the lawyer.
Prosecutor: Tell us about the campaign.
Hicks: He said, We're going to Iowa. Then New Hampshire and South Carolina. I became the press secretary
Prosecutor: Was Mr. Trump focused on press coverage of the campaign?
Hicks: Yes.
Prosecutor: What phone did you use? Last 4 digits.
Hicks: 0226
Prosecutor: Do you know David Pecker?
Hicks: Yes. Editor of the National Enquirer.
Prosecutor: Do you remember being in a meeting with the two?
Hicks: No.
Prosecutor: Did you hear calls?
Hicks: Yes. There was one after the National Enquirer story about Dr. Ben Carson.
Prosecutor: What about?
Hicks: Medical malpractice.
Hicks: Mr. Trump said it might be Pulitzer Prize worthy. Then there was the story about Ted Cruz' father and Lee Harvey Oswald.
Prosecutor: Did you become aware of the Access Hollywood tape?
Hicks: I got an email from the Washington Post. I was on the 14th floor
Hicks: I forwarded the email to Steve Bannon, Kellyanne Conway, Jason Miller -
Prosecutor: Did you says Deny Deny Deny!
Hicks (laughs) I didn't see that the whole transcript was there. It made the strategy harder.
[Trump is looking down and taking notes]
Hicks: Mr. Trump was doing debate prep, he saw the five of us talking and asked us to come in.
Prosecutor: What did he say?
Hicks: He said that it didn't sound like something that he would say.
Prosecutor: Were you with Mr. Trump when you saw the video?
A: Yes
Prosecutor: How did he react?
Hicks: He was upset... He knew it wasn't good, but it was locker room talk, pretty standard stuff for two guys chatting with each other.
Prosecutor: What did he say should be done?
Hicks: Yes... We put out a statement.
Hicks: I got the email at 1:30, the story was posted at 3:30 and our statement was out by 4 pm. It said, Bill Clinton has said far worse
Prosecution: Did you post a video?
Hicks: Yes.
[Jury is shown statement Longstreet brought into evidence an hour ago]
Prosecutor: What was the media response?
Hicks: It was intense. It dominated the news cycle until the debate. News about a Category 4 hurricane fell away.
Prosecutor: Did prominent Republicans condemn Mr. Trump?
Hicks: Paul Ryan, Mitt Romney, the usual group
Prosecutor: Did Paul Ryan disinvite Mr. Trump from a campaign event in Wisconsin?
Trump's lawyer Bove: Objection!
Justine Merchan: Overruled.
Prosecutor: Did Mr. Ryan say he was sickened by Mr. Trump?
Hicks: Sounds like something he would say
Prosecutor: And Mitch McConnell - does this refresh your recollection?
Hicks: He said it was repugnant and unacceptable.
Prosecutor: Who was John McCain?
Hicks: He was a Senator
Trump's lawyer Bove: Objection!
Justice Merchan: Sustained.
Prosecutor: Did Speaker Ryan do a call with House members and do you know what he said?
Trump's lawyer Bove: Objection, may I be heard at sidebar?
Justice Merchan: Approach
[After sidebar]
Justice Merchan: The objection is sustained
Prosecutor: Did you reach out to Michael Cohen?
Hicks: Yes, about a rumor that there was another tape out there. I asked him to call a media friend of his.
Prosecutor: Did Mr. Cohen follow up?
Hicks: I think he made the call. There was no such tape.
Hicks: At the debate Sunday in St. Louis, the Access Hollywood tape was among the first questions. After the debate, there were more reports.
Prosecution: Did you attend the rally in Greensboro NC on Oct 15?
Hicks: Yes.
[Jury hears: If 5% believe, we don't win]
Prosecutor: Who could post on [at] RealDonaldTrump?
Hicks: Only Mr. Trump and Dan Scavino.
Prosecution: Had you heard of Karen McDougal?
Hicks: I heard in November 2016.
Prosecutor: And Stormy Daniels?
Hicks: In 2015, about a celebrity golf tournament
Hicks: After I got the email from the WSJ, I thought maybe through Rupert Mudoch we could buy some time. I forwarded it to Jared Kushner, he had a relationship
Prosecutor: We offer this into evidence
Justice Merchan: Admitted
Prosecutor: Did you asked Michael Cohen for input?
Hicks: He edited my draft statement.
Prosecutor: Did you speak with Mr. Trump?
Hicks: He wanted to have an understanding. I told him what Mr. Pecker said to me, that it was a legitimate contract for services
Hicks: He did not want to use the statement we had drafted, he wanted to write his own - a denial and that we didn't know anything about this deal.
Prosecutor: When you learned that Stormy Daniels would also be in the story, did you talk with Mr. Trump?
Yes
Hicks: Yes. He said deny everything. I thought the story was not about....certain behavior.
Justice Merchan: We'll break
If like & can:
Venmo: [at] Matthew-Lee-675
They're back; Trump speaking to his lawyer Emil Bove - how will he cross examine Hope Hicks?
Justice Merchan: Please bring the witness out. Ms. Hicks, I remind you you are still under oath. Let's get the jury, please.
[Jury entering]matthewrussellleeicp.substack.com/p/extra-in-tru…
Prosecutor: Did you witness a call between Mr. Trump and Mr. Cohen about this?
Hicks: After Ohio we flew to Hershey PA and we were getting into car. I heard Mr. Trump, there is nothing memorable about the call
Prosecutor: Where did you start the day?
Hicks: Maine
Prosecutor: The story about Karen McDougal, it quoted you - can you read it?
Hicks: "We have no knowledge of any of this... untrue."
Prosecutor: Did Mr. Trump tell you to say that?
Hicks: That was the consensus.
Prosecutor: By Mr. Trump?
Hicks: No romantic affair
Prosecutor: I'm going to show up your grand jury testimony
Hicks: As I sit here now I don't have a strong memory of him telling me we have no knowledge. These were hectic conversations.
Prosecutor: It says, "Mr. Davidson also represented Stephanie Clifford"
Prosecutor: Did you text with Mr. Cohen about this?
Hicks: Yes. Nov 4-5, 2016. Michael asked, Any news?? He wrote, "I don't see it getting much play." (Laughs) A little irony there.
Prosecutor: Then what?
Hicks: Michael said, it's Getting little to no traction.
Prosecutor: Mr. Cohen wrote he had a statement from Storm- what did you take that to mean?
Hicks: I didn't know and didn't know. I just wanted to blow past it and keep going. I asked for David Pecker's number, Mr. Trump wanted to speak to him
Hicks: Mr. Trump was concerned how his wife would see it. He asked me to make sure the newspapers weren't delivered to their residence the next morning
Prosecutor: When did you start working in the White House?
Hicks: Jan 20, 2027. I left between 2018 and 2020
Prosecutor: Where did you work from?
Hicks: Just outside the Oval. There were two desks, and a vestibule with a mini fridge and a coffee machine.
Prosecutor: Who was in the second desk next to you?
Hicks: Madeleine Westerhout.
Prosecutor: Were you aware Karen McDougal sued AMI to be released from her non disclosure agreement?
Hicks: I've recently been refreshed.
Prosecutor: These text messages between you and Madeleine Westerhout, did your lawyer produce them under subpoena?
A: Yes
Prosecutor: When the Stormy Daniels story resurfaced, what next?
Hicks: President Trump told me Michael had paid about a false allegation, with him own money.
Prosecutor: What that consistent with what you knew of Michael Cohen?
Hicks: No. He was not charitable
Prosecutor: No further questions.
Cross
Trump's lawyer Emil Bove: The Trump Organization created the communications position for you?
Hicks: Yes [seems to start crying]
Justice Merchan: Ms. Hicks do you need a break? [Seems so] Jurors, please step out
They're back [in interim, some views on X for Subscribers here ]
Trump is conferring with both Bove and Blanche. Then
Hicks: Sorry about that.
Bove: You called it a family business
Hicks: Yes
Trump's lawyer Bove: You said Mr. Trump's relationship with Rhona Graff was respectful, yes?
Hicks: I really respected Rhona.
Bove: Then for the campaign, in 2015-16, Mr. Cohen wasn't part of the campaign, right?
Hicks: He would try to insert himself
Trump's lawyer Bove: Mr. Cohen was supposed to focus on Mr. Trump's business credentials - as a surrogate, yes?
Hicks: Yes.
Bove: He went rogue at times?
Hicks: He did. He liked to call himself a fixer - only because he first broke it (laughs)
Trump's lawyer Bove: President Trump's calls with Mr. Pecker didn't stick out, because he often spoke with the press?
Hicks: Right. He does a good job maintaining relationships with the media even if are negative on him.
Bove: Campaigns promote themselves?
Yes.
Trump's lawyer Bove: Campaigns do negative social media too, right?
Hicks: I've only been on one campaign, and it was a great one.
Bove: Did you travel with a laptop, send many messages?
Hicks: Yes.
Bove: There were constant inquiries about negative stories?
Yes.
Trump's lawyer Bove: Getting together to discuss coverage wasn't strange, was it?
Hicks: It wasn't.
Bove: There was the leak of President Trumps tax ingo - you also met about that?
Hicks: Yes
Bove: On Oct 8, he was worried.
Hicks: Yes, how it'd been seen at home
Trump's lawyer Bove: You've met Mrs. Trump, right?
Hicks: Yes. President Trump really respects her. She doesn't weigh in much, but when she does, he really listens.
[whiplash - see X for Subscribers:
Trump's lawyer Bove: In 2017, you didn't have anything to do with the business records of the Trump Organization 200 miles away, did you?
Hicks: No I didn't.
Bove: No further questions.
Prosecutor: I have nothing.
Justice Merchan: Please approach.
Then:
Justice Merchan: Jurors, we're going to call it a week. Do not read the news.
[Jurors and some others leave]
Justice Merchan: We can continue with the Sandoval hearing.
Trump's lawyer Blanche: He shouldn't be cross examined about your contempt findings
Prosecutor: The Court of Appeals has said that contempt findings can be heard
Justice Merchan: They won't be here. Adjourned. Stories soon, if like / can
Venmo: [at] Matthew-Lee-675
4:59 pm
In the courtroom, Combs' lawyers Brian Steel and Jason Driscoll are patting each other on the back. Agnifilo is in the holding cell with Combs; his family is i the second row of the gallery.
5:04 pm
Combs' lawyers Agnifilo, Alexandra Shapiro and Teny Geragos emerge from the holding cell. Still waiting for Sean Combs to be brought into the courtroom by US Marshals
9:15 am
Sean Combs is in the courtroom, talking with his lead lawyer Agnifilo. Also in the well: Shapiro, Westmoreland, Driscoll, Steel. Prosecutors nowhere to be seen.
9:30 am
Now Sean Combs is talking with his lawyer Nicole Westmoreland, while four other of this lawyers huddle to the side. Combs stands up, asking Marshals, and is allowed to speak to his family seated in the front row. Now back into holding cell.
Judge Subramanian: Ms. Comey, can we make sure that things that have been emailed in are put in the docket?
[Better late than never: this is what Inner City Press requested in Week 1: storage.courtlistener.com/recap/gov.usco…
Judge Subramanian: I am adopting the Government's answer to the drug distribution question.
Combs' Driscoll: Can we just put something on the record, about sole possession? This definition of distribution would mislead the jury
Driscoll: But-
Judge: Hold on
OK - now in Drake v UMG [Kendrick Lamar] case, iral argument. Inner City Press has covered the case from the start and will live tweet, thread below innercitypress.com/sdny4vargasdra…
Judge Vargas: You seem to say a diss track could never be defamatory. But NY law says the form is not dispositive.
UMG lawyer: Look at the shock jock case(s)
Judge: Not the same thing. Perhaps the court needs more info [and cannot dismiss]
UMG lawyer: Drake opened the door, in the 3d person, si that when Kendrick Lamar says, Heard you like 'em you, there is no surprise
9:12 am - Judge Subramanian enters
Judge: In case there is anything, we'll bring the jury in for the charge.
Combs' Geragos: The laptop is ready, there're a few things we'll finalize during the charge.
Judge: Just email it to Chambers. (That is, not in the docket)
Judge: All rise!
[Jurors enter]
Judge: I'll read you the charge, it's long but I'll try to make it interesting. You have now heard all of the evidence in this case as well as the final arguments of the parties. I will instruct you on the law - as I give it to you
Judge: Before the defense closing, what about the laptop of exhibits?
AUSA: We are both still working on it. There are a lot of exhibits.
Judge: Why don't we not give the laptop to the jury until Monday? Today we have the defense, the rebuttal, and my charge
Judge: So, deliberations will start Monday. I sent the parties my charge and the verdict form
[Neither is yet in the docket]
Combs' Geragos: May I confer with Mr. Agnifilo?
Judge: Of course