Good morning from New York.
Another week of Trump's criminal trial kicks off this morning, with no public indication of what witnesses are up next.
Over the weekend — for reasons that may be entirely unrelated — one of the case's notable figures shared #reflections. 🧵
Another week of Trump's criminal trial kicks off this morning, with no public indication of what witnesses are up next.
Over the weekend — for reasons that may be entirely unrelated — one of the case's notable figures shared #reflections. 🧵
Also note @RonanFarrow's reaction to McDougal's reading material.
Live thread coming up.
Live thread coming up.
Now:
Prosecutors enter the courtroom, with a member of their staff carrying case files.
Prosecutors enter the courtroom, with a member of their staff carrying case files.
The photojournalist capture Trump at the table once again — perhaps with his son and civil attorney in the background.
https://x.com/KlasfeldReports/status/1787473558232281420
"All rise."
Justice Merchan takes the bench and the attorneys register their appearances.
Justice Merchan takes the bench and the attorneys register their appearances.
Now—
The judge finds Trump in contempt for a 10th time.
"Going forward, this court will have to consider a jail sanction."
The judge finds Trump in contempt for a 10th time.
"Going forward, this court will have to consider a jail sanction."
Merchan:
"The last thing that I want to do is to put you in jail," calling it a last resort.
The judge notes that Trump is a former president and possibly a future one.
"The last thing that I want to do is to put you in jail," calling it a last resort.
The judge notes that Trump is a former president and possibly a future one.
Merchan:
"The magnitude of such a decision is not lost on me, but at the end of the day, I have a job to do."
Trump's defiance of the gag order threatens the integrity of the proceedings and constitute "direct attack on the rule of law," he says.
"The magnitude of such a decision is not lost on me, but at the end of the day, I have a job to do."
Trump's defiance of the gag order threatens the integrity of the proceedings and constitute "direct attack on the rule of law," he says.
Merchan:
"I cannot allow that to continue."
After that warning, Merchan hands physical copies of his decision to the parties.
"I cannot allow that to continue."
After that warning, Merchan hands physical copies of his decision to the parties.
Note:
Prosecutors explicitly did not seek Trump's incarceration on this contempt motion, which predated the judge's last warning.
Merchan's ruling from the bench puts an exclamation mark on his previously unspoken and written warning.
Prosecutors explicitly did not seek Trump's incarceration on this contempt motion, which predated the judge's last warning.
Merchan's ruling from the bench puts an exclamation mark on his previously unspoken and written warning.
"All rise."
The jury is entering.
The jury is entering.
"The People call Jeffrey McConney."
That's the Trump Org's former controller and Trump's civil fraud trial co-defendant.
That's the Trump Org's former controller and Trump's civil fraud trial co-defendant.
As usual during direct examination, McConney describes his background and his job routine — here, at the Trump Organization.
McConney continues to describe the daily operations of the Trump Organization.
Now, questioning turns to approval for paying invoices.
Now, questioning turns to approval for paying invoices.
Asked if Allen Weisselberg sometimes approved invoices by email, McConney answers: "Yes."
Prosecutor Matthew Colangelo hands a thumb drive the witness.
McConney identifies it by his "scribble."
They contain emails, notes, reports from the general ledger, and Form 1099s regarding payments, the witness agrees.
McConney identifies it by his "scribble."
They contain emails, notes, reports from the general ledger, and Form 1099s regarding payments, the witness agrees.
The prosecutor leads McConney through the usual, detailed, and exacting questions for authenticating records.
McConney confirms that he communicated to Michael Cohen and Allen Weisselberg through his Trump Organization account and personal Gmail account.
Trump's attorney objects to the admission of certain exhibits in thumb drive — but not all.
Trump's attorney objects to the admission of certain exhibits in thumb drive — but not all.
The judge admits the evidence with no objections, and he allows the defense to object to the others if prosecutors fail to lay the foundation.
Testimony turns to Michael Cohen.
Testimony turns to Michael Cohen.
Asked what Cohen did, McConney replies: "He said he was a lawyer."
The prosecutor asks what Allen Weisselberg said about paying Michael Cohen.
McConney mentions the complaint about his end of year bonus, and there was other money Cohen was "owed."
McConney mentions the complaint about his end of year bonus, and there was other money Cohen was "owed."
Analysis: That appears to be a blow in favor of the prosecution — because Trump's defense claimed during opening statements that Cohen's payments were all legal fees.
(I edited the tweet above for clarity.)
McConney makes another self-effacing remark about his "chicken-scratch" handwriting as he identifies his notes.
McConney agrees that his and Allen Weisselberg's notes of Cohen's reimbursements were kept "in a locked drawer" of the witness's office.
The jury sees the notes — jotted on the Essential Consultants LLC account statement for First Republic Bank.
The jury sees the notes — jotted on the Essential Consultants LLC account statement for First Republic Bank.
Weisselberg notes begin:
"$180,000," which McConney says include the Stormy reimbursement plus RedFinch. (Other notations confirm RedFinch expense.)
"Grossed up to $360~," which McConney says is for "tax purposes."
ADD: Add'l/Bonus 60~"
"$180,000," which McConney says include the Stormy reimbursement plus RedFinch. (Other notations confirm RedFinch expense.)
"Grossed up to $360~," which McConney says is for "tax purposes."
ADD: Add'l/Bonus 60~"
The notation adds the sum total to $420,000, the figure representing Cohen's total reimbursement.
Prosecutors say that was paid in monthly increments of $35,000, masked by 34 falsified business records.
Prosecutors say that was paid in monthly increments of $35,000, masked by 34 falsified business records.
A separate document on **Trump Organization letterhead** further breaks down this arithmetic.
Analysis: During opening statements, the prosecution promised the jury that they would see these notes.
For "The Wire" enthusiasts, some legal commentators have described this as the Stringer Bell rule in action. (Google it.)
For "The Wire" enthusiasts, some legal commentators have described this as the Stringer Bell rule in action. (Google it.)
ICYMI, the "RedFinch" expense refers to the tech firm that Michael Cohen reportedly hired to rig online polls in Trump's favor in early 2015, before the former president announced his candidacy.
Per WSJ —
wsj.com/articles/poll-…
Per WSJ —
wsj.com/articles/poll-…
After a sidebar conference, the judge overrules a defense objection and accepts more exhibits into evidence.
They are emails.
They are emails.
McConney to Cohen in February 2017
"Just a reminder to get me the invoices you spoke to Allen about."
Cohen thanked him for the reminder.
"Just a reminder to get me the invoices you spoke to Allen about."
Cohen thanked him for the reminder.
Michael Cohen sent his invoice to Allen Weisselberg, via Jeff McConney, that day: Feb. 14, 2017, email evidence shows.
McConney to accounts payable supervisor Deborah Tarasoff on Feb. 14, 2017:
"Please pay from the Trust. Post to legal expenses. Put 'retainer for the months of January and February 2017' in the description."
"Please pay from the Trust. Post to legal expenses. Put 'retainer for the months of January and February 2017' in the description."
More emails.
Trump's lawyer Emil Bove has the same objection as before. Prosecutors have the same response.
Same result: Overruled. The emails are entered into evidence.
Trump's lawyer Emil Bove has the same objection as before. Prosecutors have the same response.
Same result: Overruled. The emails are entered into evidence.
In this line of questioning, the jury is seeing some of the invoices and records at the heart of the 34 felony charges.
McConney to Tarasoff, forwarding another invoice:
"Please pay."
"Please pay."
In one email, McConney instructed Tarasoff to stop payment after the original check for April was lost, according to his testimony.
Led systematically through a series of emails, McConney confirms his procedure for sending Cohen his $35,000 monthly payments.
11 invoices + 11 checks + 12 ledger entries=34 charges
ICYMI, my video explainer well before trial began, via @Just_Security
11 invoices + 11 checks + 12 ledger entries=34 charges
ICYMI, my video explainer well before trial began, via @Just_Security
https://x.com/KlasfeldReports/status/1773767321149960367
We're now up to the September invoice.
Michael Cohen wished Allen Weisselberg a happy Thanksgiving on the November invoice, per another email.
Michael Cohen sends Allen Weisselberg another happy holiday (apparently in advance), on Dec. 1, 2017, in an email for the final invoice.
Asked whether the emailed invoices were consistent with the $35,000 monthly payments to Michael Cohen, totaling $420,000, McConney agrees that they were.
McConney agrees they satisfied Cohen's reimbursements.
McConney agrees they satisfied Cohen's reimbursements.
Morning recess.
We're back:
"Witness entering," the court officer says, as McConney takes the stand once again.
"Witness entering," the court officer says, as McConney takes the stand once again.
Now, we're moving onto the ledger entries.
Per the hallway press pool over the morning recess, Trump didn't take the bait after Justice Merchan's threat of incarceration:
"Trump walked into the courtroom at about 11:35 a.m. and did not respond when a pooler shouted: 'Mr. Trump, what do you think of jury?'"
"Trump walked into the courtroom at about 11:35 a.m. and did not respond when a pooler shouted: 'Mr. Trump, what do you think of jury?'"
The jury is viewing the ledger entries for the Donald J. Trump - Revocable Trust Account.
McConney points out the code for legal expenses.
McConney points out the code for legal expenses.
McConney says that there were no legal expenses to Cohen logged in the account for 2018.
(Prosecutors say all the reimbursements were paid, and completed, the year before in 2017.)
(Prosecutors say all the reimbursements were paid, and completed, the year before in 2017.)
More hallway press pool notes show more of Trump avoiding tripwires offered for him to step on, following contempt finding No. 10.
Reminder:
Trump's attorney Todd Blanche previously said that his client can't simply give no-comments to press inquiries like this, but the former president confirms once again that he can.
Trump's attorney Todd Blanche previously said that his client can't simply give no-comments to press inquiries like this, but the former president confirms once again that he can.
Back to the trial.
McConney is asked about form 1099, the tax forms for payments made to individuals or businesses who aren't one's employer.
McConney is asked about form 1099, the tax forms for payments made to individuals or businesses who aren't one's employer.
Cohen's form 1099 is now in evidence.
Reminder:
In order to elevate the falsifying business records charges to felonies, the DA must show Trump's intent in those records to commit a separate crime.
Prosecutors have permission to argue three statutes: federal election law; state election law; and tax fraud.
In order to elevate the falsifying business records charges to felonies, the DA must show Trump's intent in those records to commit a separate crime.
Prosecutors have permission to argue three statutes: federal election law; state election law; and tax fraud.
McConney confirms Donald Trump's signature on a May 15, 2018, conflict of interest form for the Office of Government Ethics (OGE).
A notation of that 2018 OGE form explicitly mentions Cohen's "reimbursement" for unspecified "expenses."
Direct examination ends.
The doc, via @Jose_Pagliery: documentcloud.org/documents/2115…
Direct examination ends.
The doc, via @Jose_Pagliery: documentcloud.org/documents/2115…
Trump's attorney Emil Bove began his cross with a series of questions suggesting the records were legal expenses — but the witness's answer gives him something of a false start.
Q: In 2017, Michael Cohen was a lawyer, correct?
A: OK. Sure. (Laughter)
Q: In 2017, Michael Cohen was a lawyer, correct?
A: OK. Sure. (Laughter)
Another question noted Cohen's signature line identifying himself as Trump's personal attorney.
McConney agreed that the line didn't say "fixer."
McConney agreed that the line didn't say "fixer."
Asked if there was a real risk about adverse publicity, McConney replied he wasn't a marketing person.
The defense attorney notes that the Trump Org had employees handle publicity, and bad press about Trump could threaten business. McConney agrees.
The defense attorney notes that the Trump Org had employees handle publicity, and bad press about Trump could threaten business. McConney agrees.
Bove shows McConney his own notes of the system of Cohen's reimbursements on Trump Organization letterhead.
McConney agrees that he was just writing what Weisselberg explained to him.
McConney agrees that he was just writing what Weisselberg explained to him.
Asked whether he knew what Weisselberg meant by "[g]rossed up" payments to Cohen, McConney answers no.
He says he also doesn't know what RedFinch is.
(Context: It's reportedly the IT firm that rigged online polls for Trump in early 2015.)
He says he also doesn't know what RedFinch is.
(Context: It's reportedly the IT firm that rigged online polls for Trump in early 2015.)
Bove seeks to mitigate the blow of McConney's testimony that he kept the notes of Cohen's reimbursement system in a locked drawer.
Q: Isn't it a fact that most of the drawers in your office were locked?
A: Yes.
Q: Isn't it a fact that most of the drawers in your office were locked?
A: Yes.
McConney agrees with the attorney's argument that this was because payroll records contained sensitive information.
The defense turns to the 1099 forms, from Trump and his trust, noting the vendor name on both is "Michael D. Cohen, Esq."
Bove's questions circle around his argument that these are, in fact, for legal fees.
Bove's questions circle around his argument that these are, in fact, for legal fees.
Asked to confirm he did not know what Cohen did with his taxes, McConney says he doesn't.
Bove end on the OGE filing footnotes.
"Mr. Cohen sought reimbursement of those expenses and Mr. Trump fully reimbursed Mr. Cohen in 2017. The category of value would be $100,001 - $250,000 and the interest rate would be zero."
He notes the OGE accepted the notation.
"Mr. Cohen sought reimbursement of those expenses and Mr. Trump fully reimbursed Mr. Cohen in 2017. The category of value would be $100,001 - $250,000 and the interest rate would be zero."
He notes the OGE accepted the notation.
Redirect:
The prosecutor notes right off the bat that expenses aren't typically disclosed to the IRS. McConney agrees.
The prosecutor notes right off the bat that expenses aren't typically disclosed to the IRS. McConney agrees.
The prosecutor asked McConney if Weisselberg kept him "in the dark" on certain things.
Objection.
Overruled.
"Yes," McConney answers.
Objection.
Overruled.
"Yes," McConney answers.
Q: This was all happening above your head?
A: Yes.
Q: You were told to do something and you did it?
A: Yes.
"No further questions."
Lunch recess.
A: Yes.
Q: You were told to do something and you did it?
A: Yes.
"No further questions."
Lunch recess.
Connecting the morning and afternoon session threads here.
https://x.com/KlasfeldReports/status/1787544520202362948
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