Happy Monday, friends, from Courtroom 1530 (aka the Trump criminal trial). Today, we'll not only leave Hope's tears, but more broadly, I expect we'll also move on from the alleged underlying conspiracy to the alleged falsification of business records. 1/
While trial participants have been tight-lipped about who and what might come next, I am anticipating testimony that shows how the repayment scheme was developed, agreed to, & most importantly, papered, from the White House to the Trump Org. over Trump's first year in office. 2/
And of course, the evidence that will matter most is that -- whether testimonial or documentary -- showing Trump knew about and intended to conceal the true manner of the payment to Daniels. 3/
So who might we see? Count on some combination of former Trump comptroller-turned-frequent trial witness Jeffrey McConney, Trump Org. accounts payable supervisor Deborah Tarasoff, and even potentially former CFO Allen Weisselberg's then-executive assistant Rebecca Manochio. 4/
Also possible? Trump Org. chief legal officer Alan Garten, whose June 2023 testimony about the nature of Cohen's alleged "legal services" inadvertently helped the DA show Trump was not entitled to remove this case to federal court. 5/
But perhaps the most important witness in this phase of the case? Madeleine Westerhout, Trump's former executive assistant in the Oval Office, who apparently ensured that Trump signed the checks to Cohen and sent them back to the Trump Org. with the help of one Rhona Graff.
What else did Westerhout hear or observe on the White House side of the repayment loop? That remains to be seen--but remember: Westerhout abruptly left the White House in '19 after blabbing to reporters about Trump's relationships with his kids.
The bottom line? The testimony in this section of the case might not be as sexy as the celebrity gossip-filled transcripts of weeks past, but expect some serious -- and admissible -- tea to be spilled nonetheless. FIN.
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NEW: The ongoing Trump criminal trial is the fourth Trump trial in the last 12 months—and it’s my fourth too. And after watching dozens of witnesses, I’m afraid the more they change, the more things stay the same. 1/
I’ve watched a nearly 80-year-old E. Jean Carroll, who successfully accused Trump of sexual assault and defamation, fend off the implication that she was lying because she never called the police and didn’t tell her story for two decades plus. 2/
And now I’ve seen an adult film star more comfortable with her stage name than her given one similarly attacked for not calling the police or telling those closest to her after she was threatened in a parking lot 7 years before she went public with her whole story. 3/
NEW: How do you prove a defendant caused others to make false business records where those with direct knowledge of his intent and involvement are limited to the defendant, a man now in jail for perjury, and Michael Cohen? 1/
You surround Michael Cohen’s expected testimony with a mountain of circumstantial evidence, an already substantial pile to which prosecutors just added excerpts from Trump’s books How to Get Rich and Think Like a Billionaire. 2/
Those excerpts reveal Trump as a micromanager who advised never taking one’s eyes off his checkbook, advertised he negotiated the price of everything “down to the paper clips,” trusted Weisselberg wholly, and boasted that he even loved signing checks. 3/
NEW: If Stormy Daniels is indeed today’s first witness, it’s worthwhile to ask why — in a falsification of business records case — the jury needs to hear from her. Here’s one take: 1/
The prosecution has offered significant (& often direct) evidence of the conspiracy to bury Stormy and Karen McDougal’s stories. But now they have to convince jurors why Trump himself cared enough both to conceal their stories and cover up the Stormy settlement. 2/
That’s especially true given that both a blog and a magazine had published details about the alleged Stormy affair years before the 2016 election. 3/
NEW: Former Trump Org. comptroller Jeff McConney is now off the stand, but the centerpiece of his direct examination wasn't even something he said. It was handwriting he recognized, specifically that of Allen Weisselberg, on this doc:
It's Weisselberg's handwriting on the left, McConney testified, in which Weisselberg sketched out the plan to repay Cohen = $180k for the Stormy payment and another, unrelated $50k, doubled to "gross up" Cohen for tax purposes, and with another $60k on the top for a "bonus."
And of course, it's not written on any old piece of paper, but instead, is scrawled on a First Republic Bank statement for Essential Consultants, LLC, the shell company Cohen set up to pay Stormy.
NEW: The Trump trial will resume tomorrow morning—but before it does, I want to share an observation from my review of exhibits shown to Hope Hicks. 1/
Several of Hicks’s communications from the campaign — including the ones below with & about the WSJ regarding Karen McDougal — were initially produced to the feds by the Trump ‘16 campaign. 2/
How do I know? The combinations of numbers and letters used to designate this page — DJTFP__SDNY (aka its Bates stamp) —reflects it was first produced by Donald J. Trump for President to the U.S. Attorney’s Office for the Southern District of New York (“SDNY”) and was then shared with defendant Trump by the DA. 3/
NEW: We just took a brief break because the most composed woman in Trump’s orbit — Hope Hicks — broke down on the stand right as cross examination started. Why would Hicks burst into tears—and why is she struggling to keep it together now? 1/
There are a couple of theories floating around among journalists watching with me. One is that being asked about the Trump family — who plucked her from a private PR firm & turned her into a star — overwhelmed her. Her affection for Trump the man is still evident.
The other is darker. Hicks isn’t out to hurt Trump, but today, she revealed that Trump shared with her that he spoke with Cohen in Feb. 2018, the morning after Cohen told @nytimes that he paid Stormy Daniels without Trump’s knowledge.