The lawyers have returned now that the jury has left for the day.
The first issue has been resolved: The prosecution has decided NOT to call Karen McDougal as a witness.
The second issue: Trump wants to be able to respond to Stormy Daniels by amending the gag order.
BLANCHE: “There’s voters out there and there’s questioners that will ask him questions about it, and he can’t say anything.”
Blanche: Daniels' friend was on TV last night talking about what happened and corroborating what Daniels said.
The prosecution:
CONROY: “Modifying the gag order now to attack Ms. Daniels… “let’s not pretend [Trump] wants to engage in high-minded discourse”
CONROY: The fact that witnesses are brave enough to come in here, under subpoena and under oath, “Shouldn’t expose them to this defendant’s barrage of threats.”
MERCHAN: “My concern is not just with protecting Ms. Daniels or a witness who has already testified. My concern is protecting the integrity of the proceedings as a whole."
MERCHAN: I can't take your word for it that it’s going to be low key, that it's not going to be an attack. Because “that’s just not the track record.”
MERCHAN: “Your client’s track record speaks for itself. I can’t take your word for it.”
Judge Merchan: Your application to modify the gag order is DENIED.
On to Issue 3: The Defense's renewed motion for a mistrial.
BLANCHE: the idea that the completely made-up encounter with President trump “may have been nonconsensual?”
BLANCHE: Before the testimony started we objected again and the Court indicated it would allow testimony about it, but said we don’t need to know the details of the intercourse, and Hoffinger said that’s correct.
BLANCHE: We don't need to know the details of what the suite looked like and this is extremely prejudicial testimony, this is not a case about sex. whether or not it happened has nothing to do with this case
BLANCHE: “This wasn’t a witness that was out of control.” she was answering the prosecution’s questions
MERCHAN: there was an objection and it was sustained. After many of these anecdotes, there were objections that were sustained
BLANCHE: But jury still heard the answers, that’s why this is so prejudicial
Steinglass responds: In the Defense Opening Statement: the defense invited the testimony they are now trying to exclude: They claimed in their opening that her story was false but are now trying to exclude the details that corroborate that the story is true.
STEINGLASS: The prosecution went out of their way to avoid certain details even though they were highly corroborative.
STEINGLASS: The People are happy to file something under seal “About some of the very salacious details that were intentionally omitted because we did not have the desire to embarrass the defendant”
STEINGLASS: “The defense has not alleged anything remotely approaching grounds for a mistrial, and their motion should be denied.”
MERCHAN: “Following your motion for a mistrial on Tuesday, I went back to chambers, I pulled out my decisions on both motions for limine, the omnibus decision, and the transcript from Tuesday.”
MERCHAN: I went back to make sure that there were guidelines and no inconsistencies and after having done so, I came away satisfied, let me back up – ….
Going back to opening statements, Mr. Blanche in your opening statement, you denied there was ever a sexual encounter between your defendant and Stormy Daniels.
“Your denial puts the jury in a position of having to choose who they believe: Donald Trump, who denies that there was an encounter, or Stormy Daniels, who claims that there was.”
The more specificity Daniels provides the better than can weigh her credibility.
MERCHAN: “There were many times, not once or twice, but many times that Ms. Necheles could have objected, but didn’t.”
MERCHAN: "Trailer park." I felt that was not necessary but there was no objection but i had it struck from the record , and virtually every one of Necheles objections was sustained
MERCHAN: "I disagree that there has been a change in Daniels' story."
MERCHAN: You didn’t attack that there was a falsification of business records, you didn't attack any other lines of defense.
MERCHAN: You said my client never had a sexual encounter: that pits your client against Ms. Daniels. So the prosecution can rehabilitate her credibility.
MERCHAN: “YOUR MOTION FOR A MISTRIAL IS DENIED. I’LL SEE YOU TOMORROW AT 9:30”
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After the jury is excused, the lawyers begin to argue over the admission into evidence of Allen Weisselberg's severance agreement.
BOVE: We are objecting to relevance, this agreement is after the fact and it is prejudicial, as he is in prison and not available anyway.
Prosecution: We’re looking to explain to the jury, from our perspective, why Weisselberg isn’t here…there are three payments due to Weisselberg this calendar year…if you look at the agreement in section 3b, "employee promises not to denigrate company verbally or in writing or any of its entities..."
[ME: In other words, if AW wants his severance payments, he cannot disparage any of its officers, directors, employees, etc." and "except for acts directly compelled by subpoena, he will not communicate with or otherwise cooperate with in any way, including through his counsel, with any person or entity with adverse claims against Trump." So that's why he isn't at the trial...]
CONROY: if [defense] counsel prefers, we’d be willing to stipulate that Weisselberg is in jail for perjury
MERCHAN: that would be one way to solve the problem
The Prosecution’s next witness is Jaden Jarmel-Schneider, a paralegal with the New York County NY DA’s office.
Helps with setting up subpoenas, analyzing records
Assigned to Trump case.
Reviewed extractions from Michael Cohen’s phone, cell records, call logs, contacts lists, calendar invites, meta data,
CONROY: Did you prepare a or several summary reports of the contact list?
JARMEL-SCHNEIDER: I did, relied on subscriber records from ATT and Verizon, text messages, emails, contact list produced by Trump org, info from Cohen’s phone
Here is the evidence admitted through this witness:
337 MICHAEL COHEN AND KEITH DAVIDSON CALLS
338 MICHAEL COHEN AND HOPE HICKS CALLS
339 MICHAEL COHEN AND DYLAN HOWARD CALLS
340 MICHAEL COHEN AND DAVID PECKER CALLS
341 MICHAEL COHEN AND KEITH SCHILLER CALLS
342 MICHAEL COHEN AND ALLEN WEISSELBERG CALLS
344 KEITH DAVIDSON AND GINA RODRIGUEZ CALLS
345 DYLAN HOWARD AND KEITH DAVIDSON CALLS
346 DYLAN HOWARD AND DAVID PECKER CALLS
347 DYLAN HOWARD AND GINA RODRIGUEZ CALLS
348 TRUMP ORG AND MICHAEL COHEN CALLS
349 TRUMP AND MICHAEL COHEN CALLS
Madeleine Westerhout is back on the witness stand for her continued cross.
Katie’s Sidebar: don’t expect any scathing cross by Susan Necheles of Westerhout. It’s a stark contrast between the way she questioned Stormy Daniels yesterday as compared to the kid gloves she has used thus far with Westerhout.
NECHELES: you do not have any specific recollection of trump and Weisselberg speaking during his first year in office?
WESTERHOUT: “That’s correct, yes”
Westerhout breaks down in tears on the stand as she testifies about her book.
WESTERHOUT: “It is called 'Off the Record, my dream job at the White House. How I lost it and what I learned”
WESTERHOUT: “I don’t think he was treated fairly and I wanted to tell that story”
MANGOLD: Have you spoken to Mr. trump since the publication of the book?
WESTERHOUT: Yes
Her Direct is finished. Now, Susan Necheles is crossing her.
NECHELES: You were very young at the WH and you made mistakes?
WESTERHOUT: Yes
NECHELES: President Trump forgave you, right?
WESTERHOUT: He did