Trump has arrived - blue suit, red tie - and is whispering with his lawyer Todd Blanche to his left. Emil Bove is to his right in the lead counsel / cross-examiner's seat.
All rise!
Clerk: This is People of the State of NY versus Donald J. Trump!
Justice Merchan: Before the court is the People's motion for contempt. Mr. Trump, in a moment I will hand down my ruling finding you in criminal contempt for the tenth time. Going forward, the Court will have a consider jail.
Justice Merchan: I am concerned about the ramifications of putting you in jail. But I have a job to do, to compel respect for the dignity of the court. Your behavior constitutes a direct attack on the rule. If I need to, I will.
Clerk: Case on trial continues.
Justice Merchan: A fresh witness today.
Prosecutor: The People will be calling Jeffrey McConney [Trump Organization Controller and SVP]
Trump's lawyer Emil Bove: We'd like to address objections outside the presence of the jury
Justice Merchan: Are you asking to dismiss the jury?
Trump's lawyer Bove: I don't think it will take that long.
Justice Merchan: I'll have you do that at the sidebar.
Bove: I only found out about the witness yesterday.
Justice Merchan: We'll have them one by one.
Trump's lawyer Blanche: The witness after this one, we have an objection to them testifying at all.
Justice Merchan: I'll hear you then. Get the jury.
[Jury entering!]
[Here's from today's contempt order by Justice Merchan: "Defendant is hereby put on notice that if appropriate and warranted, future violations of its lawful orders will be punishable by incarceration"
Prosecutor: Mr. McConney, please describe your education
McConney: Baruch College; hired by the Trump Organization in 1987. Now I'm retired.
Prosecutor: Did you sign a separation agreement?
McConney: Yes. The payments are now complete. I did tax prep for 50 years
Prosecutor: Are you here under subpoena?
McConney: Yes.
Prosecutor: Who is paying for your lawyer?
McConney: The Trump Organization.
Prosecutor: Who ran it?
McConney: President Trump. He was the brains behind it. He was my boss.
Prosecutor: Have you spoke with him since your retired last February?
McConney. Uh, no.
Prosecutor: How are Trump Organization entities owned?
McConney: Each one is separately owned. Ultimately, the Trust.
Prosecutor: Have you reviewed People's 86?
McConney: Yes
Prosecutor: What does it say at the top?
McConney: The Donald J. Trump Revocable Trust.
Prosecutor: Who were on it?
McConney: President Trump, Donald Trump, Jr. and Allen Weisselberg.
Prosecutor: Did you oversee the general ledger?
McConney: Yes
Prosecutor: Did you supervise Deb Tarasoff?
McConney: Yes.
Prosecutor: Did the Trump Tower accounting team cover all entities?
McConney: All except gold course and hotels.
Prosecutor: Who enters information into the general ledger?
McConney: The accounting staff.
Prosecutor: Does the team also cover Mr. Trump's personal accounts?
McConney: Yes. They're coded DJT.
Prosecutor: In 2017 did Mr. Trump use a Capital One account as his main account?
McConney: Yes.
[Note: Capital One now applying for Federal OKs to buy Discover
Prosecutor: Did you interact with Mr. Trump about the reports?
McConney: I'd hand-deliver the reports. One time President Trump told me, You're fired. When he got off the phone he said, You're not fired, but pay attention to my bills, don't just pay them
Prosecutor: Did the Trump Organization ever cut a check if no invoice was submitted?
McConney: Never.
Prosecutor: Who has authority to approve invoices?
McConney: President Trump, Eric Trump, Don Jr., Ivanka when she was working with us, a few others
Prosecutor: One many signatures were required on checks?
McConney: Below $10,000 only one signature. Over $10,000, two signatures.
Prosecutor: If a lawyer receives payment, is it taxable?
McConney? If an outside attorney, I assume so. [Sips from water bottle]
Prosecutor: Did you review the files on this thumb drive earlier today?
McConney: Much earlier today, yes.
Prosecutor: Have you emailed with Michael Cohen?
McConney: Yes.
Prosecutor: We ask to admit these exhibits.
Trump's lawyer Bove: We object to several
Prosecutor: Are you familiar with Michael Cohen?
McConney: We both worked there. I spoke with him by the coffee machine.
Prosecutor: What was his position?
McConney: He said he was a lawyer.
Prosecutor: Did he ask to be reimbursed?
McConney: Sometime in Jan 2017
McConney: He was supposed to leave January 20, 2017 but it got moved to January 27. He had some complaint about his last year's bonus.
Prosecutor: Show People's Exhibit 35 to the witness, court & parties only. What is it?
McConney: The bank statement Allen gave me
Prosecutor: Did you keep it in the files?
McConney: Yes. In a book in a locked drawer in my office.
Prosecutor: People's 36. Did you take these notes while Mr. Weisselberg spoke to you?
McConney: Yes. They were stapled to the bank statement.
Prosecutor: What is this bank statement:
McConney: It's Essential Consultants, First Republic Bank acocunt. $130,035. To Keith M. Davidson Associates, PLC. $130,000. That's Allen Weisselberg's handwriting, Grossed out, then divided by 12
Prosecutor: Why $180,000?
McConney: The $130,000 to Michael Cohen, $50,000 to Red Finch.
Prosecutor: What's the grossing up?
McConney: To cover taxes. Between Federal, NYS and NYC taxes.
Prosecutor: Where is Mr. Cohen live?
McConney: You want the address? No? NYC
Prosecutor: So 35,000 a month?
McConnell: Yes. We'd wire it each month starting Feb 1, 2017.
Prosecutor: Did you take notes? People's 36.
McConnel; Those are my notes. Bonus $50,000, then $180,000, grossing up the 180, so it's $420,000, wire from DJT
Prosecutor: With the grossing up, was this an expensive reimbursement like others?
McConnell: No.
Prosecutor: Let me show you this exhibit --
Trump's lawyer Bove: Objection!
Judge Merchan: Please approach
[Whispered sidebar ensues]
Justice Merchan: Objection
Prosecutor: Please read this
McConney: I asked for an invoice. A lot of people ask for money- we need an invoice. Michael wrote, Remind me of the monthly amount. I replied, $35,000. Then he wrote, "Pursuant to the retainer agreement"
McConney: Then Allen wrote to me, OK to pay per agreement with Don and Eric.
Prosecutor: Who was Don?
McConney: Don Jr.
Prosecutor: Did you forward to legal department?
McConney: No.
Prosecutor: Would a legal retainer payment usually be sent there?
McConney: Yes
Prosecutor: You posted this to legal expenses?
McConney: I did. The code was 51505.
Prosecutor: Did the Trump Organization's outside accounts have access to this?
McConney: Not directly, but through the reports.
Prosecutor: Did Mr. Cohen invoice each month?
A: Yes
Prosecutor: What did you do in this time frame for checks?
McConney: We'd have to get them down to DC for signature. It was brand new for us. I wrote, "DJT needs to sign check."
Prosecutor: I offer 37c
Trump's lawyer Bove: Objection
Justice Merchan: Overruled
Prosecutor: More 37 series exhibits.
Justice Merchan: Objection noted and overruled.
Prosecutor: What's this?
McConney: Emails with Michael Cohen, Deb and Allen and me - invoices, here from May. Then, I told Deb to put a stop on Check 2639, we couldn't find it
Prosecutor: Please read this one.
McConney: Invoice in July, Michael wrote to Allen, hope you are enjoying the summer despite the nonsense, and the invoice.
Prosecutor: And this one?
McConney: August. From 30 Rockefeller Plaza. And here, September.
McConney: In this one Michael wrote that he hoped Allen's Florida home wasn't damaged by hurricane - and the invoice.
Prosecutor: When Allen forwarded it to you without any additional message, do you take it to mean, Pay it?
McConney: Yes
Prosecutor: Did the payments stop in December?
McConney: Yes.
Justice Merchan: Let's take a break.
[If you like & can, support:
Venmo: [at] Matthew-Lee-675
They've back
Prosecutor: What is this print out?
McConney: Which company paid which invoice. This has DJT, his personal accounts. And checks to Michael Cohen up to January 5, 2018. Total for 2017, $440,000
Trump's lawyer Bove: Objection
Justice Merchan: Overruled
Prosecutor: And in this wider data base of legal expenses, were they any others involving Michael Cohen?
McConney: No.
Prosecutor: What's this?
McConney: The detailed general ledger
Prosecutor: Does it say legal retainer?
McConney: Yes.
Prosecutor: Are you aware of IRS Form 1099s?
McConney: We generate them, send a copy to recipient, and a copy to IRS.
Prosecutor: What's this?
McConney: A 1099-MISC for 2017 from DJT Revocable Trust to Michael D. Cohen, Esq. Box 7 says, Non-employee compensation
Prosecutor: Are you aware of the Office of Government Ethics or OGE?
McConney: Yes.
Prosecutor: Did you file for Mr. Trump?
McConney: Yes, Form 278-E, a conflict of interest form. He filed in 2015 to 2020, since then I don't know, he's a candidate.
Prosecutor: I offer these into evidence.
Trump's lawyer Bove: Objection!
Justice Merchan: Please approach.
[sidebar]
Justice Merchan: Overruled.
Prosecutor: Please publish the form for the jury. What does this say:
McConney: Mr. Cohen sought reimbursement
Prosecution: What range was this?
McConnell: This was between $100,000 and $250,000.
Prosecution: What that consistent with the $180,000 you discussed with Allen Weisselberg?
McConney: Yes.
Prosecutor: No further question.
Justice Merchan: Cross-examination?
Trump's lawyer Emil Bove: You rarely spoke to President Trump, did you?
McConney: I did not.
Bove: He never asked you to make these entries?
McConney: He did not.
Bove: And Mr. Weisselberg didn't tell you President Trump told him to do it?
McConney: No.
Trump's lawyer Bove: Here is Michael Cohen's signature block - does it say "fixer"?
McConney: It does not.
Bove: Michael Cohen was basically a vendor to President Trump, right?
McConney. Yes.
Bove: He said he had an outside firm?
McConney: Yes.
Trump's lawyer Bove: You don't know if Michael Cohen did legal work for President Trump with regard to Summer Zervos?
McConney: I don't.
Bove: Things were in flux - President Trump's office was in DC, not NYC?
McConney: I don't remember seeing him in NY at all
Trump's lawyer Bove: I'd like to show Defense Exhibit H 10
Prosecutor: Objection! May we approach?
Justice Merchan: Sure.
[Sidebar]
Justice Merchan: Objection sustained.
Bove: There were two trustees, one of President Trump's sons and Allen Weisselberg?
A: Yes
Trump's lawyer Bove: You understand that negative news would hurt the business?
McConney: I'm not a marketing guy.
Bove: But the Trump Organization hired marketing people, right?
McConney: Yes.
Bove: The MDS system was antiquated, right? Old categories?
A: Yes.
Trump's lawyer Bove: Let's talk about your handwritten notes, "X2 for taxes."
McConney: Allen was rattling off things that I had to write down.
Bove: But he was not a tax accountant, right?
McConney: He was not.
Trump's lawyer Bove: This First Republic document - you just filed it?
McConney: Yes
Bove: You don't know anything about Red Finch, do you?
McConney: I do not.
Bove: Retainer agreements can be verbal, can't they?
McConney: They can.
Trump's lawyer Bove: The 1st 3 payment were paid out of the Trump, and the remainder from President Trump's personal account?
McConney: Yes.
Bove: This 1099 doesn't have any space to distinguish legal fees versus expenses incurred, right?
McConney: It does not.
Trump's lawyer Bove: This Office of Government Affairs form, the payment to Michael Cohen were disclosed, right?
McConney: Yes.
Bove: Nothing further.
Justice Merchan: Redirect?
Prosecutor: Do expense reimbursements usually get disclosed to the IRS?
McConney: No
Prosecutor: Have you come to know that there were things Mr. Weisselberg kept you in the dark about?
Trump's lawyer Bove: Objection!
Justice Merchan: Overruled.
McConney: Yes.
Re-cross:
Bove: It was all disclosed to the IRS?
McConney: Yes.
They've back.
Trump's lawyer Blanche: Half an hour ago, we learned who the next witness is - and we have some objections. Invoices from Michael Cohen are not business records of the Trump Organization. If she stamped them, sure
Justice Merchan: I'm going to allow them in as res gestae: part of the crime.
Trump's lawyer Blanche: On People's 42, Capital One records, we believe this witness a Trump Organization employee
Prosecutor: It's Deb Tarasoff. They are canceled checks
Justice Merchan: I will allow them in. Bring on the witness.
Prosecutor: Ms. Tarasoff, are you employed?
Tarasoff: Yes, with the Trump Organization. It's a real estate company.
Prosecutor: Who is the owner?
Tarasoff: Correct me if I'm wrong, Mr. Trump.
Prosecutor: Your education?
Tarasoff: High school. Then I worked at Liberty Mutual, then for a lawyer who dealt with real estate, parking lots. I cared for my girls. Finally, Trump Organization.
Prosecutor: How many entities in the Trump Organization?
A: A bunch.
Prosecutor: What was Mr. Weisselberg's management style?
Tarasoff: He had his hands in everything.
Prosecutor: Did he interact often with Mr. Trump?
Tarasoff: Yes.
Prosecutor: What system did you use?
Tarasoff: MDS. I would see invoices, cut a check, mail it
Prosecutor: Up to what amount could Allen Weisselberg approve?
Tarasoff: $10,000. Above that, you'd need Don Jr., Eric or Mr. Trump.
Prosecutor: How would you get DJT checks signed?
Tarasoff: I'd take them to Rhona, she'd take them in for Mr. Trump to sign them.
Prosecutor: Would he ever refuse to sign a check?
Tarasoff: He would write Void on it.
Prosecutor: How would you know it was him?
Tarasoff: He would use a Sharpie, I'd recognize it.
Prosecutor: I'm handing you a thumb drive.
Trump's lawyer Blance: We object
Justice Merchan: They are admitted.
Prosecutor: How did you get the checks down to Mr. Trump in DC ?
Tarasoff: FedEx.
Prosecutor: People's 37A. Blow up the top emal. Did you receive it?
Tarasoff: Yes. Feb 14, 2017. I was told to pay & post to legal expenses
Prosecutor: This $70,000 check, 138, who signed it?
Tarasoff: Eric and Allen Weisselberg.
Prosecutor: And this email?
Tarasoff: Jeff McConney said to pay it. There is my stamp.
Prosecutor: And this check, did you put a stop payment order?
Tarasoff: Yes.
After a break, they've back.
Prosecutor: While we were talking through those exhibits, I think I missed one. What is this?
Tarasoff: It's another invoice, June 2017.
Prosecutor: And how much is the check for?
Tarasoff: $35,000.
Prosecutor: I have nothing further.
Justice Merchan: Your witness.
Trump's lawyer Blanche: Would you describe the Trump Organization as a family business?
Tarasoff: Yes.
Blanche: Was President Trump around less while he was running for President?
Tarasoff: Yes.
Trump's lawyer Blanche: The checks that we just went through for the last hour and a half (chuckles), they are all signed, except the one that got lost?
Tarasoff: Yes
Blanche: You weren't present for President Trump's talks with Mr Weisselberg?
A: I was not
Trump's lawyer Blanche: No more questions.
Justice Merchan: Mr. Tarasoff, you may step down. Counsel, please approach.
[During sidebar, Trump speaks with his other lawyer Susan Necheles, who slides over. Then"]
Justice Merchan: Jurors, we will break early
[Jurors leave]
Prosecutor: We'd like to recall a witness to go over some tweets and Truths... We called Ms. Longstreet on Friday before Hope Hicks - but she has more.... It's just not true that counsel has not had notice of our exhibits.
Trump's lawyer Blanche: I'm looking at the Jan 2024 witness list, Ms. Longstreet's not on it. They should have told us she had reviewed more posts.
Justice Merchan: When will you call her?
Prosecutor: We have another witness tomorrow. So, Thursday or Friday.
Justice Merchan: How much longer, People?
Prosecutor: Roughly, two weeks from tomorrow.
Justice Merchan: See you tomorrow.
Stories
All rise!
Judge Subramanian: So we have a slew of motions, we'll go through them, then other issues the parties would like to address. Let's start with summary charts at Docket 203 - have you worked that out to moot it?
AUSA: We'll give drafts early
Comb's lawyer Alexandra Shapiro: We will raise issues about specific charts.
Judge: I agree, I'll need to look at them one by one, on a line item basis. So 203 is denied as moot. Now 205, Doctor Hughes. Granted in part and denied in part. Coercive control is out
OK - now at Alien Enemies Act hearing in SDNY on continuing injunction. US has asked to decertify the class - Judge Hellerstein denies it. Inner City Press will live tweet, thread below
Judge Hellerstein: Absent these decisions, people would be removed. Justice Sotomayer has shown the preparations the Government made to remove people. That there would be irreparable harm is obvious. The jails in El Salvador are not appetizing to say the least
Judge Hellerstein: Senator Hollen went and made findings about the conditions... The Supreme Court freezing things will allow the courts to consider these things without danger
DOJ lawyer: The Government disagrees. Aliens are removed all the time
[Sean Combs is brought in by US Marshals - he hugs lawyer, blows kisses at the gallery. Proceeding has still not begun as of 11:17 - thread will continue below
All rise!
Judge Subramanian: I'm going to go through the items, then both sides will have an opportunity to react. I'm previewing for you I'll want to hear about the motion to exclude the two experts.
AUSA: Two victims were 2003, the charge runs from 2004
OK - now after Charlie Javice found guilty she is arguing to NOT have GPS location monitor put on pending her sentencing - Inner CIty Press wrote the book Fintech Fraudster and will live tweet, thread belowamazon.com/Fintech-Frauds…
All rise!
Judge Hellerstein: I've read the papers.
Javice's lawyer Sullivan: Yes she is a dual citizen but there's no chance she'll flee to France. They have taken her passport. Let me hand you an exhibit about pilates.
Judge: I've had defendants jump bail in the middle of trial. I can't rule out the possibility of flight here. She's never been in this spot before.
Javice's lawyer: She'll be here in August [for sentencing]
Jury entering!
Judge: You have asked what is a reasonable person... It is a concept...
[He cites Hwascar Hernandez, the decedent] If you have further questions, please put them in writing.
[Jury exits]
Thread will continue as developments, below
US v Kay Flock update:
The jury sent the judge another note.
Judge: They want a transcript of my definition of "reasonable person." I'll see it to them. See you for the next note.
Thread will continue as developments, below
OK - now jury deliberates in US v Perez / Kay Flock, in courtroom gallery 30-some supporters, 8 law enforcement, & Inner City Press, covering the case and will tweet below any jury notes, and verdict, intermitent thread below matthewrussellleeicp.substack.com/p/extra-in-bro…
Update 1: at 11:56 am, the first jury note is read out by the Judge: The foreperson will be Juror 1.
That's all.
Judge: See you for the next note.
Unclear when.
Thread will continue for developments
Update 2: as of 2:05 pm, only law enforcement in the courtroom, people in the hall. The word is "nothing," as in, nothing coming out from the jury room.
Again, this thread will continue for developments