Good morning from New York.
Stormy Daniels finished her testimony. Karen McDougal's off the witness list, and on Thursday, trial proceedings wrapped with Madeleine Westerhout still on the stand.
I'm inside the courtroom, today and every day, picking up where we left off. 🧵
Stormy Daniels finished her testimony. Karen McDougal's off the witness list, and on Thursday, trial proceedings wrapped with Madeleine Westerhout still on the stand.
I'm inside the courtroom, today and every day, picking up where we left off. 🧵
Explanation on McDougal, for those who missed the end of proceedings yesterday:
Without explanation, Trump's lead attorney Todd Blanche said prosecutors informed him they won't be calling her. The payoff to McDougal isn't directly tied to the 34 falsifying records charges.
Without explanation, Trump's lead attorney Todd Blanche said prosecutors informed him they won't be calling her. The payoff to McDougal isn't directly tied to the 34 falsifying records charges.
Trump enters the courtroom, flanked by his lawyers.
"All rise."
Justice Merchan walks to the bench, and the attorneys register their appearances.
Justice Merchan walks to the bench, and the attorneys register their appearances.
Per the press pool
Trump "[i]gnored questions about whether he would accept Stormy's challenge to testify," at the morning press conference.
Later: "'If I put one wrong word in, they're gonna put me on jail,' he said, while trying to read from Byron York column.
Trump "[i]gnored questions about whether he would accept Stormy's challenge to testify," at the morning press conference.
Later: "'If I put one wrong word in, they're gonna put me on jail,' he said, while trying to read from Byron York column.
Trump, per the pool: "I'll go now sit in that freezing courtroom for 8 or 9 hours and think about being on the campaign all day."
Honestly, during the first days of trial, Trump had a point on the temperature.
Now? Not so much.
Honestly, during the first days of trial, Trump had a point on the temperature.
Now? Not so much.
The parties immediately have a lengthy sidebar conference.
As the sidebar ends, Justice Merchan prompts: "Okay, let's get the witness, please."
Westerhout re-enters.
Westerhout re-enters.
"All rise."
The jury is entering.
The jury is entering.
Trump's attorney Susan Necheles resumes her cross:
Westerhout speaks about her work with the RNC during Trump's campaign, and she agrees with Necheles' characterization that Trump and the party worked together as "one unit."
Westerhout speaks about her work with the RNC during Trump's campaign, and she agrees with Necheles' characterization that Trump and the party worked together as "one unit."
This was after Trump became the party's nominee.
On Thursday, Westerhout said the RNC considered plans to replace Trump after the "Access Hollywood" tape landed.
"It's my recollection that there were conversations about how to, if it was needed, how it would be possible to replace him as the candidate if it came to that."
"It's my recollection that there were conversations about how to, if it was needed, how it would be possible to replace him as the candidate if it came to that."
It seemed that cross-examination was headed toward mitigating the blow of that testimony, but Necheles quickly pivoted to another subject following her questions about the RNC.
Prosecutors object to the admission of a piece of evidence, but it's unclear what it is.
They ask for a sidebar. They get one, and the parties huddle.
They ask for a sidebar. They get one, and the parties huddle.
We're back.
Necheles shows Westerhout a travel schedule for Trump.
Necheles shows Westerhout a travel schedule for Trump.
Prosecutors are fighting the admission of the travel schedules.
Westerhout says she didn't receive them, and asked whether she remembered the one she was shown, she said only since her lawyer showed it to her this morning. Not contemporaneously.
ADA Mangold: "We object."
Westerhout says she didn't receive them, and asked whether she remembered the one she was shown, she said only since her lawyer showed it to her this morning. Not contemporaneously.
ADA Mangold: "We object."
Another sidebar follows.
Merchan, after the sidebar conference:
"Your motion to introduce this evidence is denied."
"Your motion to introduce this evidence is denied."
Q: Wasn't that a problem, getting mail to President Trump to the White House?
A: Yes.
A: Yes.
Westerhout agrees with Trump's lawyer that the system of FedEx-ing checks to the former president's bodyguard Keith Schiller was a way to facilitate deliveries promptly.
It was a "workaround," Necheles says.
Westerhout agrees.
It was a "workaround," Necheles says.
Westerhout agrees.
Asked whether other administrations used this workaround, Westerhout says she doesn't personally know, but she can't imagine it'd be any different.
Service advisory: Wi-Fi down.
Toward the end of Westerhout's testimony, Trump's attorney asked a series of questions prompting her to say that the former president worried about the effect the Stormy Daniels story would have on his family.
It had a mixed result.
It had a mixed result.
Westerhout duly agreed the matter upset Trump "because he knew it would be hurtful to his family" — but she also said he never told her that.
"I don’t think he specifically said that, but I could understand that the whole situation was very unpleasant," she said.
"I don’t think he specifically said that, but I could understand that the whole situation was very unpleasant," she said.
The second part of that answer was stricken following the prosecution's objection.
On redirect, Assistant DA Rebecca Mangold pushed back against the defense's claim that the FedEx-ed checks to Trump bodyguard Keith Schiller were simply a workaround for the slow process of White House mail.
The other benefit of system: Skipping the typical screening process.
The other benefit of system: Skipping the typical screening process.
Asked if the system would have that effect, Westerhout replied: "That’s right."
The prosecutor also elicited another detail about Westerhout's ongoing loyalty to Trump. She works for American Global Strategies, as Chief of Staff to the Chairman, Amb. Robert O’Brien.
The prosecutor also elicited another detail about Westerhout's ongoing loyalty to Trump. She works for American Global Strategies, as Chief of Staff to the Chairman, Amb. Robert O’Brien.
O'Brien is a former National Security Advisor for Trump.
On recross, Necheles ended with the image of Trump as a family man.
Q: Just to reiterate: President Trump was very close to his family, right?
A: Yes.
Q: Just to reiterate: President Trump was very close to his family, right?
A: Yes.
Up now for the prosecution:
— Daniel Dixon, another custodial witness who works as a compliance analyst AT&T
We're starting to see phone records.
— Daniel Dixon, another custodial witness who works as a compliance analyst AT&T
We're starting to see phone records.
Why are phone records important to this case? It's been clear since the case has been charged.
On Oct. 26, 2016, Michael Cohen opened his shell company to funnel a $130,000 home equity loan to Stormy Daniels' lawyer — "shortly after speaking on the phone" with Trump.
On Oct. 26, 2016, Michael Cohen opened his shell company to funnel a $130,000 home equity loan to Stormy Daniels' lawyer — "shortly after speaking on the phone" with Trump.
From the exhibits, it's clear that the phone records have Cohen's name, but it's not immediately clear it's the same call.
We'll wait for the release of today's exhibits later.
We'll wait for the release of today's exhibits later.
On cross, Trump's lawyer Emil Bove presses the witness on alternative explanations for the records.
Q: You're familiar with the concept of a pocket dial, right?
A: Correct.
Q: There's a lot of data here, but the data has limits, right?
The witness says they are logs.
Q: You're familiar with the concept of a pocket dial, right?
A: Correct.
Q: There's a lot of data here, but the data has limits, right?
The witness says they are logs.
The witness ends his testimony.
Manhattan District Attorney Alvin Bragg makes a rare entrance into the courtroom.
Manhattan District Attorney Alvin Bragg makes a rare entrance into the courtroom.
The next witness: Jennie Tomalin, at Verizon.
More phone records.
More phone records.
Morning recess.
Wi-Fi and backup appear to be down.
Expect delays.
The internet appears to be ready for the weekend.
Expect delays.
The internet appears to be ready for the weekend.
The People recall the DA's paralegal to introduce more Trump social media posts.
Trump's tweets denigrating Maggie Haberman and Michael Cohen are entered into evidence — also a tweet about Cohen suggesting that he won't flip.
Texts between Stormy Daniels' manager Gina Rodriguez and the Enquirer's then-editor in chief Dylan Howard.
On Oct. 25, 2016, they seemed to be angry that Daniels hadn't been paid.
Howard: "I'm not going to burn my lifelong contacts for these fuckers."
On Oct. 25, 2016, they seemed to be angry that Daniels hadn't been paid.
Howard: "I'm not going to burn my lifelong contacts for these fuckers."
On Oct. 26, 2016, Cohen opened up the bank account for his shell company used to obtain a $130,000 home equity loan to wire to Daniels' then-lawyer Keith Davidson.
"Good news I heard," Howard wrote that day.
"Good news I heard," Howard wrote that day.
The last witness of the week: Jarden Jarmel-Schneider, another paralegal for the DA's office.
He's been called to submit a chart illustrating what the phone records show.
He's been called to submit a chart illustrating what the phone records show.
Once released, this will be an important exhibit.
Trump's lawyer Emil Bove cross-examines the witness, asking whether the rather painstaking work of putting vast reams of data together was tedious.
"Honestly, I kind of enjoyed it," the witness says, to laughter.
Bove: "I hear that. Respect." (laughter)
"Honestly, I kind of enjoyed it," the witness says, to laughter.
Bove: "I hear that. Respect." (laughter)
That does it for another week of witness testimony in Trump's criminal trial.
Assistant DA Joshua Steinglass says he plans to call two more witnesses:
"I think it's entirely possible that we will rest by the end of next week."
"I think it's entirely possible that we will rest by the end of next week."
Trump's attorney Emil Bove notes that one of them isn't Allen Weisselberg, whose "absence" from this trial raises a "very complicated" question.
Bove wants to keep out their separation agreement as prejudicial hearsay.
Prosecutor Christopher Conroy says it's needed to show: "Mr. Weisselberg’s interests here are very aligned with the defendant’s."
Prosecutor Christopher Conroy says it's needed to show: "Mr. Weisselberg’s interests here are very aligned with the defendant’s."
During closing arguments, Conroy says, the defense is likely going to raise questions about Weisselberg's absence.
The prosecutor says the agreement explains his absence.
The prosecutor says the agreement explains his absence.
Bove says Weisselberg is absent "because the DA's office initiated perjury prosecution in the leadup to this case."
"It's just a rabbit hole that I think is unnecessary," he says.
"It's just a rabbit hole that I think is unnecessary," he says.
Judge notes, without saying it this way, that there's no reason an incarcerated witness can't testify.
"Has anyone attempted to get him to come in, by serving him with a subpoena or some other way?" he asked.
Neither side has.
"Has anyone attempted to get him to come in, by serving him with a subpoena or some other way?" he asked.
Neither side has.
Bove points out the defense has no burden, and he resists some sort of negotiated stipulation informing jurors that Weisselberg is in jail for perjury.
The prosecutor resists subpoenaing him and putting him up there "cold," in light of his restrictive Trump Org agreement.
The prosecutor resists subpoenaing him and putting him up there "cold," in light of his restrictive Trump Org agreement.
More on Weisselberg's restrictive $2M severance agreement, which came out during Trump's civil fraud trial. authory.com/AdamKlasfeld/T…
One last item of business:
Trump's lead attorney Todd Blanche alerts the court that Michael Cohen is TikTok-ing about Trump.
"He's stated on social media that he is going to stop talking, and he doesn't."
Blanche wants the government to order Cohen to stop.
Trump's lead attorney Todd Blanche alerts the court that Michael Cohen is TikTok-ing about Trump.
"He's stated on social media that he is going to stop talking, and he doesn't."
Blanche wants the government to order Cohen to stop.
ADA Josh Steinglass says he's "repeatedly, repeatedly" asked the witnesses not to do this.
"The fact is, the witnesses are not subject to the gag order," and prosecutors cannot control them.
"The fact is, the witnesses are not subject to the gag order," and prosecutors cannot control them.
Justice Merchan:
"I would direct the People to inform Mr. Cohen that the judge is asking him" to refrain from making public statements about Trump — and that "comes from the bench."
"I would direct the People to inform Mr. Cohen that the judge is asking him" to refrain from making public statements about Trump — and that "comes from the bench."
With that, have a nice weekend — and kick it off by watching my analysis of today's Trump trial proceedings on @TheLastWord tonight at 10 p.m. ET.
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