Thread by @stewartbishop

Hello from a damp cool morning in New York, back for another day of testimony in the trial of Donald Trump over the Manhattan DA’s claims that he falsified business records to cover up a hush money deal as part of a conspiracy to undermine the integrity of the 2016 election.

It’s been a hell of a week. Yesterday, we saw the conclusion of testimony from adult film star Stormy Daniels, who says she was paid $130,000 to keep quiet about her 2006 sexual encounter with Trump, who didn’t want it coming out just after the notorious Access Hollywood video.

It was a rough cross, but Daniels was defiant and stuck to her story, in the face of accusations that she made the whole thing up.

Trump counsel Todd Blanche capped off the day with a renewed motion for a mistrial and a bid to loosen the gag order that prevents Trump from publicly attacking witnesses in this case. NY Supreme Court Justice Juan Merchan denied both applications.

Trump had claimed Daniels’ testimony went too far into the racy details and brought up new issues of consent and a power imbalance which had not come up before. Blanche said the low down on the sex was prejudicial and required Trump to publicly respond.

Justice Merchan was having none of it, saying other witnesses could be intimidated if he let Trump off the leash.

The judge further held tha​t Blanche himself opened the door to the jury hearing the details — well some of them anyway — ​of the sexual encounter, when he accused Stormy in openings of making the whole thing up.

We’re getting into the home stretch of the government’s case in chief. Yesterday, we heard that prosecutors abandoned a plan to call Playboy model Karen McDougal — who claims she was paid off to keep quiet about a months-long Trump affair — to the stand.

What we’re all waiting for now is the testimony of Trump’s former personal lawyer Michael Cohen, who’s arguably the linchpin of the government’s case. No word yet on exactly when he's going to testify.

Meanwhile, over on Truth Social last night.

As others have pointed out, other news outlets are saying Cohen is expected to testify on Monday.

A number of great reporters are on this case and worth following, including @frankrunyeon, @rscharf_, @KlasfeldReports, @molcranenewman, @lawofruby, @AnnaBower, @benkochman, @benfeuerherd just to name a few. I am no doubt forgetting more right now.

@frankrunyeon @rscharf_ @KlasfeldReports @molcranenewman @lawofruby @AnnaBower @benkochman @benfeuerherd Back on the witness stand today is former Oval Office aide Madeleine Westerhout, who was fired from the White House for comments to reporters about Trump’s family, but who nevertheless remains loyal to Trump.

@frankrunyeon @rscharf_ @KlasfeldReports @molcranenewman @lawofruby @AnnaBower @benkochman @benfeuerherd Previously, she testified about the process for receiving checks at the White House for Trump’s signature that were sent from the Trump Org. Prosecutors say Trump signed checks that were reimbursements for Michael Cohen to cover his $130,000 payment to Daniels.

Trump counsel Susan Necheles pushes the notion that Trump wasn’t paying attention to everything he signed.

“Did you see him signing things without reviewing them?” Necheles asks.

“Yes,” Westerhout says.

“Did you see him sign checks without reviewing them?” Necheles asks.

“Yes,” Westerhout says.

Westerhout wraps up her testimony relatively quickly. Next up are a couple of custodial witnesses from AT&T and Verizon, respectively, who are here to verify some phone records. Exciting stuff.

Definitely no Michael Cohen today : (

Alvin Bragg showing up to court sparked some speculation around the courthouse.

Paralegal Georgia Longstreet, who works for the Manhattan DA’s office, is back on the witness stand. Previously (last week? Last month? What day is it?) Longstreet testified about her extensive review of Trump’s social media posts.

Today, ADA Rebecca Mangold brings up a 2018 tweet by Trump, in which he accuses NYT and reporter Maggie Haberman of making up stories in an effort to destroy his relationship with Michael Cohen and get him to flip. Trump says he has always liked and respected Cohen.

“Sorry, I don’t see Michael doing that despite the horrible Witch Hunt and the dishonest media,” Trump says.

Later that year....

“If anyone is looking for a good lawyer, I would strongly suggest that you don’t retain the services of Michael Cohen!" he says.

Longstreet steps down. Another paralegal for the Manhattan DA's office, David Jarmel-Schneider, is up to talk about more phone records.

Ok the phone records stuff was above my pay-grade, but Jarmel-Schneider also did this neat chart which ties the 34 counts of falsifying business records in the indictment to each specific document at issue in this case. That's handy.

Everybody loves this chart (almost everybody), Justice Merchan asks for a copy, saying it'll be helpful during jury instructions.

That's it for witness testimony for the day. ADA Josh Steinglass tells Justice Merchan that the government expects to rest next week.

A little action after the jury left for the day. Prosecutors want to introduce Allen Weisselberg's severance agreement with the Trump Org. That agreement gives him $2 million in installments over multiple years.

Crucially, the severance agreement mandates that Weisselberg not voluntarily cooperate or communicate with any entity with "adverse claims" against the Trump Organization and its principals. That would include the DA's office.

Weisselberg is currently doing a months-long stretch on Rikers Island (and previously did time for tax fraud) and prosecutors want to introduce the severance agreement as a way of explaining why he isn't testifying at trial.

"Our view is that Mr. Weisselberg's interests right now are very aligned with the defendant's," ADA Chris Conroy told Justice Merchan. "And this agreement helps to point that out."

Trump counsel Emil Bove told the judge that Weisselberg's severance agreement should be precluded. Prosecutors claim that Weisselberg conspired with Michael Cohen to commit crimes, and Trump's side will be unable to elicit testimony that would impeach some of those claims.

"He is effectively a witness for the government at this trial as an hearsay declarant," Bove told Justice Merchan.

Justice Merchan, however, throws something of a curve ball at both sides.

“We’re kinda jumping the gun,” Justice Merchan says. “We want to explain why he’s not here without making efforts to compel his appearance?”

Neither side actually wants him to testify.

Justice Merchan suggests initially calling Weisselberg to the stand outside the presence of the jury.

“We’re not creating any [new] procedure,” Justice Merchan says. “This is done, I’ve had people put on the stand from jail. Some testify, some refuse.”

They're going to revisit the issue next week.

Before packing it in for the week, Trump counsel Todd Blanche asked Justice Merchan to expand the gag order to include Michael Cohen.

Apparently, Cohen was knocking Trump on TikTok the other night while wearing a white t-shirt that shows Trump behind bars sporting an orange jumpsuit.

"We want the gag order to apply to him," Blanche says.

"It's becoming a problem [because] every single day...President Trump is not allowed to respond to this witness and this witness just keeps talking."

ADA Josh Steinglass told the judge that they have repeatedly told all the witnesses to refrain from making public statements, but they're nothing really that the DA's office can do if witnesses do it anyway.

Justice Merchan told Blanche that he'll instruct prosecutors to tell Cohen that the judge *asked* him not to say anything more about the case.

Some people are construing that as an order, but we over here at legal nerd HQ think it's not.