Thread by @TylerMcBrien

Good morning from 100 Centre St for Trump’s NY Criminal Trial. Today’s episode will very likely be: “The Michael Cohen Show.”

I’ll be reporting it all alongside @AnnaBower and Ben Wittes for @lawfare, join me, won’t you? 🧵⚖️

Cohen, Trump’s then fixer, now turncoat has lingered over this entire trial, mostly as a punchline. Even the accountants got in on the fun.

In testimony and recorded clips, we get an image of Cohen the enforcer, Cohen the “pants-on-fire” panicker, and Cohen the self-promoter.

To me, Michael Cohen has a tragicomic quality, like a character in a Coen Brothers movie who gets in over his head thanks mostly to his own greed and misplaced loyalty, repugnant and pitiful at the same time.

Or maybe I’m just sleep deprived.

In any case, if the line outside and our need to hire line sitters last night are any indication, I’m not the only one eager to see Michael Cohen on the stand.

And for a recap of late last week, brush up on this breezy dispatch from me, @AnnaBower, @katherinepomps, and Ben Wittes.
lawfaremedia.org/article/stormy…

Update from the The Line™️: a reporter is passing out cookies to his fellow journalists waiting to get inside.

“C’mon take one, it’s gonna be a long day,” he says.

As @AWeissmann_ writes, the proseuction has laid out so much of the case already (by design), "Do prosecutors even need Michael Cohen as a witness? Does the jury need to hear from him?"

In short, despite the risk and Cohen's "baggage": Yes.
nytimes.com/2024/05/13/opi…

Cohen can speak to two key elements of § 175.10, the falsifying business records statute under which Trump is charged: the "intent to defraud" and "intent to commit [aid, or conceal the commission of] another crime."
lawfaremedia.org/article/what-m…

Still, he has baggage—like paying thousands of dollars to check hundreds of suitcases baggage—a fact the prosecution hasn't shied away from. He lied to a federal judge and continues to denounce Trump publicly.

But he's so central to the case that not calling him wasn't an option

Spotted in the press gallery: a reporter reading "Disloyal: A Memoir; The True Story of the Former Personal Attorney to President Donald J. Trump," (2020) by Michael Cohen.

(He's only a few pages in.)

"Public_Access," the name of the courtroom wifi network, is a bit like what Voltaire said about the Holy Roman Empire:

It’s neither for the public (who can’t use any electronic devices in the courtroom), nor does it grant much access to the internet.

At 9:13 a.m., the prosecution walks in. "Good morning," ADA Joshua Steinglass says to a court officer, followed by Susan Hoffinger, Christopher Conroy, and Rebcca Mangold. A few moments later, Matthew Colangelo walks in smiling.

Per the hallway pool, a new member of Trump's entourage today: Rep. Nicole Malliotakis, a Republican representing Staten Island since 2021.

A reporter shouted "Nicole!" but she didn't answer any questions.
nytimes.com/2021/02/04/nyr…

From Ben Wittes' substack: Cohen's testimony will mostly be corroboration, but aspects of this case to which the former fixer is essential remain unproven:
-Trump directed the initial payment to Daniels
-Trump "caused" the scheme
-Trump intended the scheme to violate other law

Also spotted in the hallway milling about, according to other reporters: Author-turned-Senator J.D. Vance (R-Ohio) and Football Coach-turned-Senator Tommy Tuberville (R-Ala.).

At 9:22 a.m., Trump walks in, entourage in tow, maybe his largest yet: Eric, Alina Habba, Tuberville, Vance, Malliotakis, Boris Epshteyn, and more.

His defense team, Todd Blanche, Emil Bove, and Susan Necheles join him.

Manhattan DA Alvin Bragg takes his seat now too.

Pool photographers quickly walk in and snap photos of Trump, getting right up in his face.

Trump's row in the gallery is packed: Epshteyn, who usually slings a large arm over an empty pew seat next to him, is jammed in between two members of Trump's entourage.

While we wait, here's more from Ben Wittes on the "secret sauce" of Cohen's testimony:
dogshirtdaily.com/p/what-to-expe…

At 9:32 a.m., all rise for Justice Merchan (two minutes late *gasp*!).

Introductions follow.

Merchan would like to address the Weisselberg separation agreement and general release issue, he reviewed it, but he's not going to allow it in. Seems to Merchan that it would just be used to provide explanation on why someone isn't here, but not the offense itself.

No other preliminary matters from either side.

"If there's nothing else, let's get the jury in," Justice Merchan says.

At 9:38 a.m., we all rise once again, this time for the 18 jurors who file into the jury box.

"The People call Michael Cohen."

It's dead silent, except for some furious typing.

The door opens, and Cohen enters, bottle of water in hand, his eyes darting around the gallery.

He raises his hand and says "yes ma'am," as he takes the oath.

"Michael Dean Cohen, New York, NY" is on the stand.

Susan Hoffinger begins the cross.

He's 57, married going on 30 years, two kids. He's here pursuant to a subpoena.

Cohen recounts his early life: Lawrence, Long Island, part of the five towns in Nassau Co. His father was a holocaust survivor who emigrated to Toronto for med school, met my mom, "four kids later, here I am."

"Actually I really didn't want to be a lawyer, my grandmother wanted me to be a lawyer," Cohen says. His family is comprised of doctors and lawyers, the lawyers are married to doctors and vice versa. "I wanted to go to Wall Street and my grandma said that's not gonna happen."

In addition to law, he also bought part of a business in taxi medallions—in 1995, he invested in "Manhattan Maintenance," as well as some real estate along the years. "Specifically in Trump properties, my very first one," Cohen says.

Cohen is speaking calmly, in his familiar Long Island accent.

Do you see Mr Trump in court today, and can you point him out?

Cohen wheels around two times in his seat, stands up, then pionts him out.

Cohen says he met Trump through Don Jr.—there was a board issue at a Trump building, where Cohen and relatives had a bloc of apartments, and Cohen and his allies took over the board.

That was the start of their relationship.

Cohen says he started doing work for Trump, initially at no cost. Finally, Trump asked Cohen to review lengthy documents related to Chapter 11 reorg plan of Trump Entertainment Resorts, so Cohen finally gave Trump a bill for $100k.

Trump summoned Cohen to his office to discuss the bill and asked him if he was happy at his "sleepy little firm," and whether Cohen would want to come work for him instead.

"I was honored, I was surpised," Cohen recalls.

The bill never got paid.

Instead, Trump offered him a position as Executive VP of Trump Org and special counsel to Trump, reporting directly and only to Trump, "working on issues that were of concern to him."

After a negotiation, they settled on a $375k base salary.

"I actually never went back, not even that day," says Cohen, as associates from the Trump organization went over to Cohen's old firm to pack up his things and move them to Trump Tower.

Cohen would work there for ten years: 2007 - Jan 2017.

How old were you when you started at the Trump Org, asks Hoffinger, but Cohen laughs nervously and says I can't recall (despite just saying he started in 2007).

I'd be nervous too.

Right out of the gate, Hoffinger is establishing that everything Cohen did, he did at the sole discretion of Donald Trump.

Cohen says his duties "concerned whatever [Trump] wanted."

He had only one boss: "The Boss," Mr. Trump.

Q: Did he ever ask you to renegotiate bills for him?
A: Yes
Q: Examples?
A: A law firm would send an invoice, Trump didn't believe it was fair, reasonable, justified, so he'd give me the task of renegotiating.
Q: What about for specific vendor bills for Trump University?
A: Yes

Cohen recounts how he renegotiated all the Trump University bills, at Trump's direction. Cohen was able to work out all but two vendors.

"They just...went away," Cohen says of the two vendors who didn't want to accept renegotiations.

Cohen says he wanted Trump to understand that he was "accomplishing what he wanted." After his work in the Trump University matter, Cohen remembers that Trump said "That's fantastic."

Q: How'd that make you feel?
A: Like I was on top of the world.

Now to another problem Cohen the fixer says he fixed: Cohen "brought an arbitration against" a Miss USA Pageant contestant who defamed the pageant organization, which they resolved.

Did you do negotiate for Trump in a strong or threatening matter?, Hoffinger asks.

"I would say so," Cohen responds with a note of regret in his voice. "Not all the time, but often."

More matters: getting a settlement from a yellow cab that hit a Trump car, handling adjustment with the insurance company about a residence bathroom, and, more to the point, working with the press to minimize negative stories and enhance positive stories about Trump and his biz.

Hoffinger asks about floor plans, not for the first time this trial: Cohen says he ended up sitting at a desk "maybe 50 feet" from Trump's office.

Q: How often did you speak with Trump when you worked there?
A: "Every single day, and multiple times a day."

Q: Did you ever contact Mr Trump through somebody else?
A: Yes
Q: Who?
A: Many people, depending on who he was with. Could be Rhona, Keith Schiller (whom Cohen called his "personal attaché"), Trump's children, Hope Hicks.

Q: Did Trump use email?
A: No, Mr Trump never had an email address.
Q: Did Trump share his philosophy on emails?
A: Trump would comment that emails are like written papers, he knows too many people who have gone down as a direct result of having emails prosecutors can use.

Mr Trump had an open door policy, Cohen says. He would often go to Trump's office, knock on the door, say Boss you got a second?, and walk right in.

Would he generally record those meetings in his calendar. "No ma'am," says Cohen.

Cohen says Trump would say, Keep me informed, let me know what's going on—what he's saying, what everybody did, as soon as you had a result or answer, you'd go straight back and tell him.

Q: Was Trump a micromanager?
A: Yes ma'am.

Q: In working for him for 10 years, what was it like for you?
A Fantastic. Working for *him* especially was an amazing experience in many, many ways. There were great times, several less than great times, but for the most part I enjoyed the responsibilities that was given to me..

...I enjoyed working with my colleagues at the Trump Org, the Trump children, it was a big family.

Q: Did you lie for him?
A: Yes, it was what was needed.
Q: Did you at times bully people for him?
A: Yes, in order to accomplish the task—the only thing that was on my mind was to accomplish the task to make him happy.

Cohen says he was rewarded for this with titles and seats.

Q: Are you aware that in connection for your work with him, some called you his "fixer"?
A: Yes some have described me as that.
Q: Is that an accurate moniker?
A: It's fair, (he says solemnly).

Hoffinger is asking about two phone numbers (last four digits), likely CP1 and CP2.

Thus far, the jury remains as poker-faced as ever, ping-ponging their gaze between prosecutor and witness like tennis spectators, scribbling down a few notes occasionally.

Q: Did you provide those phones in Jan 2023?
A :Yes, that sounds correct.

More questions about contacts in his phone—names, email addresses, cell numbers, home numbers.

We ultimately decided, and Trump agreed, to have his contacts synced to my cell phone as well, so that it would be easier when we traveled together, Cohen says.

While Trump had no email addresses, Cohen had three: [e-mail], [e-mail], and a personal gmail address.

Hoffinger asks whether Cohen knows David Pecker.

Yes, they initially met at a "function" on Long Island, before Cohen worked at Trump Org, but was "reintroduced" once he became Executive VP for Trump.

Did you communicate with David Pecker using encrypted app called @signalapp?, Hoffinger asks.

Sometimes we thought that encryption and not having the message traceable would be beneficial, Cohen says.

Before 2015, Cohen communicated with Pecker only on a few matters. One example: trying to place a positive story that Trump donated to Harlem for Hoops.

Q: Prior to Trump announcing his run for the presidency, did AMI ever pay to suppress negative stories of Trump?
A: No ma'am.
Q: Do you know someone named Dylan Howard, what was his role?
A: Yes, he worked for Mr Pecker to the same extent that I worked for Mr Trump.

Cohen says he would also communicated with Howard using Signal "for the same reason, it was a matter we wanted to keep private."

In 2011, Cohen says he saw a poll stated 6 percent of respondents thought Trump should be the president, and he showed Trump.
It's interesting, we should look into it, Cohen says Trump said to him, and Cohen started a website:
shouldtrumprun.com
web.archive.org/web/2010111413…

Ultimately Trump decided not to run, but promised Cohen he would do it in the next election cycle—which they continously talked about in the years leading up to 2015.

Q: What was your campaign role?
A: I wasn't going to be part of it, just going to be a surrogate—someone who speaks on behalf of the candidate and defends him in the press. Speaks to the press, provides color, but not as a member of the campaign, but rather as an outside person.

Cohen says one of the things he noticed about the Trump campaign is that it was very white—he said that if we're going to win, we need diversity.

Q: Prior to the campaign announcement, did Trump express any concern about his past?
A: [Trump said] You know that when this comes out—meaning the presidential announcement—just be prepared there's a lot of women that are going to come forward.

Cohen describes what was discussed at the meeting with Pecker: the power of the NE in terms of its location at the cash registers of so many supermarkets and bodegas that if can place (+) stories about Mr Trump, that would be beneficial, and if we could place (-) stories...

...about some of the other candidates, that would also be beneficial.

Q: In the course of the election, did AMI preview for Trump and Cohen some of the positive and negative stories they planned to run?
A: Yes, Cohen says, and describes some of the negatives ones: Hillary Clinton wearing very thick glasses w/ allegations that she had brain injury

...photos of Ted Cruz's father with Lee Harvey Oswald, Marco Rubio in a swimming pool with other men, claiming they were having a drug binge of some sort.

Cohen says they would also review the cover material, which he would show immediately to Trump to "show David was loyal"

Hoffinger shows People's 166: it's an email from Cohen to Barry Levine (AMI), cc Howard. Levine sent to Cohen some positive stories, and Cohen responded: "Take out the part of the penthouse pet Sandra, as it offers nothing," along with another bit about Atlantic City.

The email was from Jan 6, 2016, and Cohen thought the Penthouse pet bit would be negative for Trump, the way it dealth with women and penthouse—ultimately AMI agreed to take it out. The article eventually ran as: "World Exclusive: The Donald Trump That Nobody Knows!" (1/13/2016)

Hoffinger asks about the doorman story: after Cohen learned a story was circulating, he spoke to to Trump about it, "to get his direction on what he wanted me to do."
Q: Did you provide his name?
A: Yes, I provided all the information.

Cohen says Trump told him to make sure this doorman story doesn't get out: "You handle it."
Q: What did you do?
A: I worked with Pecker and Howard in order to obtain the "life rights" story.
Q: Along the way did you update Trump about the matter?
A: Immediately.

To borrow a phrase from David Pecker, Cohen says they acquired the life rights to "Take it off the market."

Q: Did you tell AMI that Trump would be grateful?
A: Absolutely.
Q: Was Trump grateful?
A: Absolutely.

Cohen describes the ways in which he helped negotiate the NDA: What I found was that the agreement had what I considered to be an end date, so I thought why not make it in perpetuity?

Q: What does that mean?
A: It means forever.

Cohen puts on glasses to read an email about the liquidated damages amendment (the now familiar $1m clause continuing in perpetuity), then the relevant NDA page.

Cohen told Trump about the damages clause "to get credit for accomplishing the task"—and Trump said it was great.

June 2016: did Cohen hear about a story from a Karen McDougal?
Yes, Cohen learned about it in a call from Pecker or Howard, that there's a story on the market about a Playmate and her relationship with Trump.
What effect did you think it would have on his campaign?
Significant

When Cohen initially asked Trump about the McDougal story, Trump just said, "She's really beautiful."

Cohen: "I said okay, but do you realize there's a story that's being shopped around?"

Finally, Cohen says Trump asked him to handle it.

We discuss the catch-and-kill scheme for the McDougal story.

Q: Did you want to make sure AMI was doing it?
A: Yes.
Objection—sustained.

Cohen looks up at Justice Merchan with a confused look, but Hoffinger continues.

After a few quick questions in succesion, Hoffinger gently urges Cohen: Let me finish the question then you can answer, for the sake of the court reporter too.

Cohen takes a sip of water and agrees.

We see 6/16/16 texts btwn Howard and Cohen about a meeting re: Karen McDougal.
Then, People's 262, texts now, from Cohen to Schiller: Can we speak? I need you
No response.
MC: You there? (a few stifled laughs from the press).
KS: In Dallas
MC: Where's the boss?
KS: Next to me

Cohen was trying to reach Trump on the "Karen McDougal matter" that day, to give him an "update that I thought was important."

Hoffinger asks Cohen to read 6/20/16 texts, but they're very tiny.

Can we blow that up for Mr Cohen, Hoffinger asks.

Thank you, Cohen says gratefully.

We see 6/20/16 texts btwn Cohen and Howard, still about the McDougal matter.

Nearly all the jurors are followingly along closely, reading the monitors in front of them, also displaying the texts.

Q: Did Howard tell you that he believed that McDougal had a relationship with Trump?

Blanche pops up quickly. Objection—sustained.

We move to a bit later in June 2016, a phone call btwn Trump and Pecker, Cohen was present too in Trump's office. Cohen recalls: Trump asked him how things were going with the matter, David said we have this under control, and we'll take care of this.

Cohen says Pecker went on to say that it would cost them over $100k to control the story, to which Trump said "no problem, I'll take care of it." It was discussed that AMI would "lay out the funds," and understood that Trump would pay them back, though details not discussed.

Cohen says he asked Pecker to keep him updated.

More texts: 7/28/16 from Cohen to Howard, "can you call me?" Response: I've not heard back from our guy yet, so no update.

Who was this guy?

Cohen pauses, as if to recall the name: I believe it was Keith Davidson

On 7/29/16 text from Howard to Cohen (paraphrased): They rejected the offer, told them to come back to me by EOD with a realistic number. He fears McDougal has been convinced to tell her story to ABC. I implored my guy to GET IT DONE, he's getting back to me

Q: Why were you pressing Howard for this information?

A: 1, I wanted to know what the number was bc I would have to report that back to Mr Trump; 2, I needed to know what day I could update Trump

Q: What were the terms of the AMI agreement going to be?

A: Compensation of $150k, as well as 24 penned articles that would bear her name, as well as, she was going to be on 2 covers of one of the magazines they owned.

Q: Did Pecker tell you the agreement was "bulletproof"? What did you understand that to mean?

A: That they got it, that it was locked down, that we prevented the story from being released on ABC News. Effectively the story has now been "caught."

Cohen says he had worked with KD back in 2011, when there was a story our there about Stormy Daniels on a website called The Dirty dot com, that Stormy atually had wanted to get taken down, "And we had worked together to effectuate that."

We see People's 62, an 8/5/16 email from Davidson to Cohen: "Michael, Please call me at your convenience," sent after AMI signed deal with McDougal.

Cohen describes the substance of the call, he told KD: Great job, Boss will be very happy about it, matter is now resolved.

After AMI finalized deal and paid out $150k, did Cohen have any conversations with Trump about him reimbursing Pecker? Yes, Pecker asked Cohen when he should anticipate the reimbursement—he needed it back bc it was too much money for him to hide from the CEO of parent company...

...and he had just laid out $30k previous, so he was putting pressure on me to speak to Mr Trump and get the money back, Cohen says of Pecker.

Pecker insisted several times, and he was "very" upset in these multiple conversations.

Cohen says Pecker asked him if he would meet him as his fav Italian restaurant, and he expressed his anger once again: I need to get this money back Pecker said, and Cohen just said Trump said you'll get this money back, so you'll get it back.

Apparently there was a locked drawer with files that related to Trump in Pecker's office, when Pecker was being considered for CEO at Time, Inc.—Cohen says he expressed concern about these papers to Trump, "if he goes." Pecker says he told Cohen they could take control over them.

Hoffinger asks about a 12/6/2016 recorded conversation with Trump about purchasing life rights to McDougal's story and other AMI stories—it was the only conversation Cohen recorded of Trump.

It was so I could show it to Pecker, so that he'd know he would be paid.

Q: How did you record?
A: Cohen says he had his cell in his hand, put it on voice memo, hit record, and walked in to Trump's office.

Not exactly secret agent stuff.

Cohen says Trump was not aware he was recording.

Hoffinger hands up a thumbdrive, incl. Peoples 246, 248, a recording and transcript, respectively.

On the recording: Cohen, Trump, and Graff, it's the one when Cohen says, "I need to open up a company for the transfer of all of that info regarding our friend, David, you know, so that -- I’m going to do that right away"
documentcloud.org/documents/2463…

(Note: the transcript is only a portion of the recording, which you can find in full here, with thanks to @Law360): )

Hoffinger is playing the exhibit now in its entirety.soundcloud.com/user-811579891…

As the tape plays, we're literally in Cohen's hand, and we hear Trump wrap up a phone call.

"Great poll by the way, great poll," Cohen says fawningly to Trump when he hangs up.

The recording continues, and Trump is poker-faced. The jurors are poker-faced. Everyone in the gallery is poker-faced.

The clip ends, and Hoffinger says we'll stop and start portions, and she'll ask questions.
Q: Who was our friend David?
A: Pecker
Q: All that info?
A: Including the McDougal matter.
Q: Opening up a company?
A: In order to have separation, keeping it away from Trump.

Q: Why was it important to keep it away from Trump?
A: For privacy purposes and for the benefit of Mr Trump.
Q: Why didn't you use Pecker's full name?
A: It wasn't necessary—Mr Trump knew what I was referring to. It was an ongoing conversation we had been having.

Now onto the mention of Allen Weisselberg:

Q: Why did you bring him up?
A: Mr. Trump had previously directed me to speak with Weisselberg about getting this matter handled

Now we hear the rest of the tape.

Q: What was the significance of "all that stuff"
A: The information that Pecker had accumulated about Trump, including the McDougal story.
Q: What did hit by a truck mean?
A: Pecker was being considered for CEO at Time Inc and concern was info.

Q: You mentioned financing?
A: That was not the best usage—what I really meant was funding not financing, meaning how much money needed to be paid to Pecker, AMI.
Q: Why did Trump say pay with cash?
A: To pay with green, which would be one way to avoid a paper transaction.

Alright jurors, let's take our morning recess, I'll see you in 15 mins, Merchan says.

Cohen flits his head up and looks at each juror as they pass. He then walks out himself, looking a bit uneasy as he heads out the side door.

Trump walks out the back, his sizable entourage following behind.

And finally, the prosecution heads out the side, followed by DA Bragg in tow.

Trump and co. walk back in, and Boris Epshteyn looks at me and says: "Tyler, now I got space," gesturing to the empty space next to him.

Hello, Mr. Epshteyn, I hope these tweets bring you a chuckle or two.

Merchan is back and Cohen is back as we wait for the jury to file back in.

Now seated, Merchan offers the jury instruction on the transcript, which he says should not be treated as evidence.

Hoffinger is back up: why did you think it was a bad idea to pay in cash?
A: Bc we needed to acquire the documents, and a check would make it appear to be a proper transaction.
Q: What do you recall about why the recording cut off?
A: Bc I received an incoming phone call.

Q :Was there another reason why you felt comfortable ending the recording?
A: I didn't want to record more, I already had enough to show Pecker that he would receive the $150k back

Hoffinger displays a record of Cohen's call history to corroborate the incoming call came in when the recording cut off.

(Note on the gallery: no sign of Tuberville and Vance after the morning recess.)

After Cohen ended the recording, he says he continued speaking with Trump. The gist: I'm gonna head over to Allen Weisselberg's office, and I'll get back to him with more of an update.
Q: The point was to convince Pecker he'd receive the $
A: To appease him he'd get the money.

Q: Did Weiseselberg report directly to Trump?
A: Yes

Now, more floor plans:

Q: Where was Weisselberg's office in relation to Trump's?
A: Also on the 26th closer, toward the back.
Q: Who was closer, you or Cohen?
A: Initially similar, then I saw.

Q: What did you talk about with Weisselberg re: the McDougal transaction?
A: I told him we'd need $150k to "consummate" this transaction—[Interesting choice of words from Cohen.]—but doing so with a Trump entity name would defeat the purpose.

So, Cohen opened up an LLC.

Cohen says he had 10-12 convos with Weisselberg about the McDougal matter.

Hoffinger shows People's 209—communications btwn Cohen and David Rotstein, an associate at AMI, about five possible names for the LLC. The first message was from 9/7/2016—just one day after recorded convo

Hoffinger is having Cohen walk us through how Cohen set up Resolution Consultants, LLC and the McDougal NDA, the transfer of the McDougal life rights, other documents, etc.

Q: Why did this agreement reference $125k and not $150k?
A: Pecker said we're going to reduce it from $150k to $125k, but bc they were talking to McDougal about penned articles and covers, compensation to her on their books would be $25k.

Given his strong performance thus far, many people expect Emil Bove to handle the cross of Cohen—but as @AnnaBower points out, it looks ike it'll be Todd Blanche, who has been on objection duty during the direct this morning.

Cohen: Pecker stated it was no longer necessary to have Trump pay the $125k. I asked him why, satisfied that I wouldn't have to tell Trump he'd have to pay that much money The reason was bc the McDougal Mens Health front cover had sold more copies than they ever sold.

Q: What about the other materials in Pecker's "locked drawer"?
A: David was no longer considered for Time, he was going to stay at AMI, so there was no need to worry, and he believed none of the docs in the locked drawer were detrimental to Trump anyway.

How many conversations did you have with Trump about the Karen McDougal deal?, Hoffinger asks.
Quite a few, says Cohen.

He adds that he never ended up playing the recorded conversation for Pecker: "I just never played it."

Fast forward to 10/7/16: where were you on that day?
A: I was in London, for my daughter's 21st birthday as well as my anniversary.
Q: While there, did you become aware of the release of the AH tape, and how?
A: Yes, I received a phone call from Hope Hicks.

Cohen remembers receiving an email forward from Steve Bannon about the AH tape, and Hoffinger shows Cohen that email (which also includes Hope Hicks, Jason Miller, and Kellyanne Conway) on his monitor.

Hoffinger offers People's 218 into evidence, Blanche objects—overruled.

We all see the email now, from David Fahrenthold to Hicks, re: Urgent WaPo query, asking her for comment w/r/t the leak of the tape from AccessHollywood, with a transcript attached.

Hicks had emailed to Bannon and Miller: "Need to hear the tape to be sure" then "deny, deny, deny" — which Bannon had forwarded to Cohen.

Cohen responded: Please call me, "because I wanted to be sure things were properly being taken care of to protect Mr. Trump."

Cohen writes in another email to Bannon: "It's all over the place. Whose doing damage control here?"
Q: Were you concerned about the impact of this tape on Trump's campaign?
A: Yes.

We see a call log, calls that Cohen took in London while at dinner with family and friends.

Q: What did you at that time to assist with the damage control effort?
A: I reached out to members of the media to have conversations with them.

Q: What was your understanding about why the press reached out to you about this?
A: The recording was quite damaging, and they wanted comment.

Hoffinger displays People's 257, 10/8/16 texts btwn Cohen and (then CNN anchor) Chris Cuomo

CC: You going to defend him?
MC: I'm in London
MC: I have been asked by everyone to do shows starting Tuesday [when he'd be back in NYC]
MC: Not sure what I will do
CC: Will be too late. He is dying right now

("He" meaning Trump.)

Q: What did you understand "he is dying" to mean?
A: That this is a tremendously negative story w/r/t the Trump campaign.
Q: What did you understand to be the impact of the AH tape on the campaign?
Objection—sustained.
Hoffinger restates, objection—overruled.

Cohen says that he understood the Access Hollywood tape "would be significantly impactful—especially with women voters."

Another email is now displayed: an email from Cohen to Howard, cc Pecker. It's about a story from Oct 2006, before AMI owned it, Radar Magazine, headline: "Donald Trump, Playboy Man"

Cohen says the 2006 Radar Online story "Donald Trump, Playboy Man" talked about a recorded conversation between Trump just how exacting the real estate blowhard's standards are regarding women"—he asked Pecker/Howard to immediately take it down.

Cohen says he told Trump "the situation would get handled"—"to get credit" he adds—and "I wanted David Pecker to get credit as well."

Now, hours into the direct, we hear the name "Stormy Daniels" for the first time.

Q: When Howard told you on 10/8/16 that Stormy Daniels' manager was trying to sell her story, did you know who she was?
A: I did—in reference back to the 2011 scenario that I had dealt previously with Davidson on, in order to have the story removed from The Dirty dot com.

Q: In terms of Daniels story getting out, what if anything did you think in terms of potential impact on the campaign?

A: Catastrophic, that this is—he pauses—horrible for the campaign.

Q: What did you understand Daniels' job to be?
A: That she was an adult film star.

Q: In 2011, did you have a convo w/ Trump about Stormy Daniels?
A: Yes, after I received info from Howard, I immediately went to Trump's office, and I told him about the conversation, asked him if he knew who she was, he said he did...

...and I told him that one of the things we needed to do was take care of it, and Trump said "Absolutely, take care of it."
Q: Did Trump tell you anything about meeting her in 2006?
A: He told me he was playing golf with Big Ben, and they had met Daniels and others there.

...but she liked Mr Trump, and that women prefer Trump even over someone like Big Ben.
Q: Did you ask him in 2011 whether he had a sexual encounter with Daniels?
A: I did, but he didn't answer me directly.

Cohen says Trump just said that "she's a beautiful woman."

Hoffinger asks about Cohen's efforts taking down a separate article—one from In Touch magazine also in 2011—after which Cohen heard nothing about the Stormy Daniels matter from then until 2016.

We see People's 177A, 10/9/16 texts btwn Howard and Cohen—
DH: Emailed you
DH: Keith will do it, let's reconvene tomorrow

Which Keith would that be? Long pause... Keith Davidson.

There are so many Keiths mixed up in this case, not even Cohen can keep them straight.

More texts, 10/10/16, a 3 way text between Howard, Cohen, and Davidson
DH: Connecting you in regards to that business opportunity. Spoke to the client this AM and they're confirmed to proceed with the opportunity.
DH: Over to you two.

Q: What was the business opportunity Howard referred to?
A: The acquisition of the life rights to the story of Stormy Daniels.

Q: After you learned from Howard and Davidson about Daniels' story, did you speak to Trump? Why?
A: Yes, because it was a matter that affected him, and that was what I always did, to keep him abreast of everything. It was also a very serious matter at this time.

Trump was very angry: "I thought you had this under control? I thought you took care of this?" We did in 2011, but I had not control over what she goes out and does. He expressed to me there's previous denial. "Just take care of it," there was a lot going on in the campaign.

Cohen says that upon hearing about Stormy Daniels' intention to sell her story, Trump told him, "This is a disaster—a total disaster—women will hate me. Guys they think it's cool, but this is gonna be a disaster for the campaign."

At the time, Trump was polling very poorly with women, Cohen explains, and this coupled with the previous Access Hollywood [tape], he just stated this is a disaster [and told me] "Get control over it."

Q: Any conversation about strategy in dealing with it?
A: Well he told me to work with Pecker and get control over this, purchase the life rights, just stop this from getting out.

Q: Any conversation about period of time?
A: Yes, during the negotiation, Trump told me to push it out long as you can, just get past the election, because if I win it will have no relevance, and if I lose I won't even care.

Hoffinger asks about any conversation about Melania. Cohen says he was concerned about Melania, but Trump don't him don't worry.

"He wasn't thinking about Melania—this was all about the campaign," Cohen sayas.

We see People's 63: an email from Davidson to Cohen 10/11/16—the Daniels NDA and side letter agreement are attached, as are payment details

Cohen recaps the general terms: for $130k, Daniels would execute a NDA, that the life rights to the story would never come out and she wouldn't speak of it. There was a very large, $1m per violation liquidate punitive damages clause.

As we see many now familiar exhibits—the NDA, the side letter agreement—relating to now familiar aspects of the narrative, this is a good reminder of the prosecution's strategy with handling Cohen's "baggage" all along: as much as possible, rely on him for corroboration only.

"Let's go ahead and take our lunch recess," Merchan says, as he gives his intstructions to the jury before excusing them.

We'll see you at 2 p.m.

Jurors depart, Cohen departs, Merchan departs, Trump & co. depart, and oddly, prosecution lingers.

Lather, rinse, repeat, sort of.

At 1:58 p.m., now two minutes ahead of schedule, we hear Justice Merchan say, "Should we get the witness?"

(I'm in overflow now, having tapped out with @AnnaBower, now installed in the courtroom)

One perk of the overflow room: ironically, I now have a much, much better view of Trump from over here. Other reporters told me that he kept his eyes closed basically for the duration of Cohen's testimony so far.

I'll be watching to see if that continues.

Jurors are present and properly seated, and the video feed kicks on.

"Good afternoon," Cohen says a bit bewildered at first, then he regains his composure.

Hoffinger dispalys People's 64.

Cohen reads it and provides some brief context.

Q: What was happening at this time?
A: Continue to delay execution of the documents, execution funding. In this particular case, I used the holiday—Yom Kippur—as a way to delay it, until after the election.
Q: Why then?
A: Because after the election it wouldn't matter.

At the time, Cohen says Trump was traveling a lot with his own private plane, though sometimes he was in the office. Cohen spoke to him in person when possible, other times by telephone.

Now we see People's 363, and Hoffinger scrolls down to the attachment: the corporate docs for Resolution Consultants, LLC.
documentcloud.org/documents/2462…

We scroll back up to the top of the exhibit, the email from Olivia Cassin to Gary Farro: "Need an account opened or ike Cohen immediately. He wants no address on he checks Calling you now to discuss."

Cohen has his reading glasses back on—they sit low on the bridge of his nose, and he looks over the top of them at Hoffinger when he answers her questions in his emphatic, literal Long Island accent.

Q: Were you familiar with the paperwork at First Republic Bank, and had you had other accounts there?
A: Yes. Multiple.

The purpose of Resolution Consultants, LLC, per the Delaware paperwork: "Michael Cohen provides individuals and businesses advice on strategy, PR, marketing, best practices and procedures, etc"

Q: Were the descriptions accurate at the time?
A: No
Q: Why didn't you give true reasons on the paperwork?
A: I'm not sure they would've opened it if it stated "To pay off"—he stops and laughs at himself—"an adult film star for a nondisclosure agreement."

Cohen says it "dawned on" him that Resolution Consultants was already the name of a company of a friend of his, who probably wouldn't appreciate the redundancy. So he changed it to: Essential Consultants LLC.

We see emails btwn Davidson and Cohen about the delay, and Cohen says he intended to keep delaying at Trump's behest.

Finally we see the familiar 10/17/16 email from Davidson that says his client—Daniels—is released from the agreement. Cohen says it meant: "We were losing control over the settlement of this agreement in order to prevent this story from coming out."

Texts now, same day, btwn Cohen and Howard
MC: Call me
MC: Well???
[This was obviously incredibly stressful and incredibly important, Cohen adds]
DH: Not taking my calls
MC: You're kidding
MC: Who are you trying to reach
DH: The agent

The agent I knew to be Davidson, says Cohen

Cohen says he was told the Daniels story would end up in the Daily mail.

We see a call log: Cohen called Trump 10/17/16 "in order to advise him of this situation, that bc I didn't forward the funds, she now declared the agreement void, and we would not be in a position to delay post election which is what he wanted me to do." Cohen got his voicemail.

Now we see People's 249, texts between Melania Trump and Cohen on 10/18/16:

MT: Good morning Michael, can u pls call DT on his cell. Thanks
MC: Of course.

Now that we're approaching the election, the timeline is compressed, and Hoffinger goes day-by-day, sometimes hour-by-hour.

We're still on 10/18/16, when Cohen decided to go on Wolf Blitzer to respond to questions about Trump's behavior with women.

Q: Did you steer the conversation as best you could to his presidential policies?
Objection—sustained.
Q: What did you talk about in the interview?
A: I advocated for Mr Trump in the best light possible...I wanted to change the direction of the comments.

Q: What if any pressure did you feel to close the Daniels story?
A: With the Daily Mail, they were anxious to sell the story...Trump stated to me that he had spoken to some friends, some individuals, very smart people, that it's $130k, you're a billionaire, just pay it...

...there's no reason to delay, just do it, and he told me, "Just do it."

So, Cohen discussed different options with Weisselberg—Cohen had the company all set up, we just need to fund it. We need to do it immediately, Cohen says he told Weisselberg.

Cohen and Weisselberg discussed a few options: if I knew anyone who wanted to purchase a golf membership at one of Trump's courses, or if someone was having a wedding or bar mitzvah and wanted to pay it then use it as credit for the event—but each entity had a Trump name attached

Q: Did you discuss with Weisselberg whether he could pay it?
Objection—overruled.
A: I did. I said you're the CFO, making seven figures, why don't you pay it. But he said to me he wasn't in a financial position to do it (four grandkids at prep school, etc).

"I ultimately said, OK, I'll pay it," Cohen says.

Cohen then says that Weisselberg told him, don't worry about it, we'll make sure you get paid back.

Cohen says that he and AW spoke to Trump, expressed to him that Cohen would front the money, "for which he was appreciative. He said 'Good, good,'" and stated to him, you'll ge the money back.

"I was doing everything I could and more in order to protect my boss," Cohen says.

Another call log: calls between Weisselberg and Cohen, only six in total are listed between 7/2015 to 2/2018.

Hoffinger homes in on one, 10/23/16, a voicemail Weisselberg left for Cohen lasting 1m24s.

Q: For what purpose did he call and leave a voicemail?
A: Regarding the funding, and how this was gonna get done to fund the NDA.

Two days later, 10/25/16 at 7:23pm, this time they spoke for 3m24s. "It had to do with the Stormy Daniels matter," there was "significant urgency."

Another log, more calls, but this time between Cohen and Schiller, whom Cohen called on 10/25/16 to speak to Trump, "to discuss the Stormy Daniels matter and the resolution of it," Cohen says, taking off his reading glasses.

Q: What was the plan for funding Essential Consultants account to transfer money to Davidson?
A: I had a home equity line of credit on my apartment, and that account was paperless. I elected to use money bc my wife as the CEO of the household, would not understand if there was...

...$130k missing from the joint bank account. She would ask me, and I clearly could not tell her, which would've been a problem for me.

Makes sense—he used a home equity loan to avoid domestic discord.

Cohen says he told Pecker and Howard in a call that further delaying payment "will be catastrophic to the campaign—this will further isolate women from the candidate," and figured why not ask Pecker to pay.

Q: What'd he say?
A: Not a chance. (a few laughs from the press)

We now see screenshots of text messages "on the encrypted app, Signal" btwn Pecker and Cohen, as well as call logs.

They may have been encrypted, but we're sure as hell seeing them now in public court.

When asked why there were so many calls in quick succession between Cohen and Pecker, Cohen replies:

"Signal is terrible with keeping phone calls, they drop all the time." The press laughs a bit more loudly now.

Now back to another call log (AT&T, not Signal), calls between Cohen and Davidson—many calls in quick succession again, but these were all intentional: in order to keep resolving the Stormy Daniels matter.

Back to the 10/25/16 call from Cohen to Weisselberg for 3m24s, now we get the substance, from Cohen:
"In order to discuss the finalization of the funding—the particulars regarding the execution of the nondisclosure."

Trump is awake—wide awake in fact, in deep discussion with Bove. But his son Eric, seated in the first row of the gallery behind him, is taking a page out of his father's book and closing his eyes.

On courtroom eye closures at least, the apple doesn't fall far it seems.

Q: Would you have made that payment to Stormy Daniels without getting a sign off from Mr Trump?
A: No.
Q: Why?
A: Because everything required a sign off from Mr Trump—but on top of that, I wanted the money back.

Welp, there it is.

We dive back into documents, now a Know Your Customer form from First Republic Bank, purpose stated that: Michael Cohen is opening EC LLC as a real estate consulting company to collect fees for investment consultanting [sic] work he does for real estate deals

If anyone would like to retain me for consultanting services, I assure you my rates are fair, and my work of the utmost quality.

My company is called Essential Consultanting, LLC.

This is a great reminder that when people simply tell you they "work in consulting," or that they're just "a consultant," they're telling you, well, basically nothing.

We're following the paper trail after the funds were secured and transferred, not to People's 284.

Still following the breadcrumbs...now People's 168:

W/r/t People's 168, Cohen says that the purpose of the email was that Pecker (via his proxy Howard) wanted to ensure Mr Trump knew (via Trump's proxy Cohen) how much time they invested to make this happen for Trump's benefit.

Q: On 10/27/16, did you wire $130k payment to Davidson?
A: To his attorney-client trust account yes.
Q: What's the stated purpose on the wire?
A: Retainer
Q: Was that truthful?
A: No ma'am. It was in order to pay Stormy Daniels to execute the NDA and to obtain the story.

More breadcrumbs, more emails... People's 285:

After the wire, Cohen says that he received the final signed NDA and side letter agreement, with the same general terms sketched out.
Cohen says he let Trump know immediately for two reasons: 1) let him know it's done and 2) to take credit for myself—because this was important.

We see the NDA, and it's pseudonyms all the way down: above DD (for David Dennison aka Trump) we see the intials EC (for Essential Consultants aka Michael Cohen).

Or rather, as Cohen just pronounced it, "pseudo-names."

You spoke to Trump about finalizing this agreement? Hoffinger asks, as she pulls up another call log—zeroing in on a call from Cohen to Trump on 10/28/16 (the same day Cohen signed the NDA and side letter agreement) at 11:48 a.m. for 5m16s to tell him it was all finalized.

We inch closer to the election, and stop on 11/4/16 when the WSJ published article about the NDA with McDougal.

Cohen says he heard the WSJ article was coming out, and that Daniels may be mentioned. Cohen contacted Davidson, Hope Hicks, and Pecker. Why? "So that we can all coalesce around this issue in an attempt to quell the potential effects that would result from an article like this."

More call logs, calls between Cohen and Hicks, which Cohen says were to get their hands around the situation.

"Because it was days before the election," he adds.

Hoffinger displays People's 318—an email btwn Hicks and Cohen, a draft statement on the WSJ article.

Cohen reads it aloud into the record.

Q: Was she sending you several different options for the campaign to spin regarding this article, and looking for your advice?
A: Yes

Cohen says he reviewed the four options, and offered his own (the top email of the exhibit).

It looks like Cohen wanted to include a reference to the "Clinton machine" to add a little flair.

But that's just my take.

11/4/16 Calls between Davidson and Cohen were 99% about McDougal, and an angry Cohen wanted to impart: "That she was also under control. That nobody is going rogue here."

As he says that, "control," we get a flash of the old Cohen, Cohen the enforcer, Cohen the fixer.

Cohen was quite busy on 11/4/16, as we see many more calls he placed to Howard and Pecker.

It's a portrait of one of Cohen's frantic "pants on fire" episodes, painted in the medium of call logs.

To Howard, Cohen says he said "in a rather angry manner that [McDougal] is now part of your team, so you need to get ahold of this and start issuing denials.

The poor guy must not have put his phone down that whole day. More calls later that evening, between Cohen and Trump (using Keith Schiller's phone).

This is quite the impressive battery life for an iPhone 6 or 7.

Re: the 11/4/16 phone call between Cohen and Trump:

Q: Was Trump angry, did he express why?
A: Yes, because there was a negative story that could impact the campaign, as a result of women.

And with that, Hoffinger asks whether now is a good time to break, and Justice Merchan rules that it's "perfectly fine."

We take our afternoon recess.

While not wanting to rush them, Merchan asks Hoffinger if they have a sense of how much longer they have on direct.

She expects to go into tomorrow.

At 3:34 p.m., Trump and his team stroll back in, his entourage having thinned out slightly since this morning.

The prosecution is back as well, and Justice Merchan is at the bench.

Cohen begins to take his seat when we hear Merchan say, "Let's get the jury please," and the video feed cuts out.

We left off on the day after the WSJ article came out, and Cohen's texts with Hope Hicks: People's 259 11/5/16
MC: So far I see only 6 stories.
MC: Getting little to no traction
HH: Same
HH: Keep praying!! It's working!

MC to HH 11/5/16: Even CNN not talking about it. No one believes it and if necessary, I have a statement by Storm [sic] denying everything and contradicting hte other porn stars statement. I wouldn't use it now or even discuss with him as no one is talking about this or cares!

More texts between MC and HH, about David Pecker's cell, after which Hicks said "The [spoke]. All good!" meaning, Cohen says, Trump spoke with Pecker.

No further details speculated by Cohen.

Q: A few days later, did Mr Trump win the election?
A: Yes
Q: After he won, was there going to be a continuing role for you in the Trump Org?
A: No, because my service would no longer be necessary, bc I was special counsel to Trump, and he was now president-elect.

Q: Were there some discussions about potential roles for you in the WH?
A: Yes, Reince Priebus offered Cohen a role as assistant general counsel (which Cohen rejected).
Q: Did anyone offer you chief of staff?
A: No

Q: Were you disappointed for not being offered chief of staff?
A: Yes. I didn't want the role, I didn't believe it was right for me, I didn't even believe I was competent to be chief of staff, I just wanted my name to be considered—it was more about my ego than anything.

Cohen says he instead pitched the title "personal attorney to the president," because "he would need it bc there were still outstanding matters we were dealing with, and every president has a personal attorney." It was to "continue to protect him."

I also had another thought in mind, which was: consulting. Because it offered him the opportunity to stay in New York "with my son, my daughter, my wife. None of them wanted to go to DC."

Cohen came dangerously close to Groucho Marx when he basically said he would never want to belong to a White House that would have him as a chief of staff.

Cohen says he made a "formal pitch" about the personal attorney role with the aid of an attorney, and they "sat with the president-elect at the time for about an hour," and went through the importance of having a personal attorney for his protection, and why Cohen fit that role.

Hoffinger shows Cohen Peoples 258, texts between Cohen and his daughter, about the position and the fact that he was not being considered for chief of staff.
documentcloud.org/documents/2463…

Cohen sums up the texts: My daughter and I are very close, we're very much connected, and she was concerned that I was upset about not getting the role, but I explained to her there are so many opportunities.

When she asked whether those opportunities would be in government, Cohen says he explained to his daughter that it would be "hybrid," and that, "I'd still be able to monetize my relationship and my ability with these various companies"

Eventually, Cohen got the role he wanted.

Q: Was it customary for employees to get an end of year bonus?
A: It was for me.
Q: How would you find out what your bonus would be?
A: After Trump left for MAL for the year, Rhona would walk around with a Christmas card signed by Trump and others, and in it would be a check.

Q: And in Dec 2016, how did you find out?
A: Same way, Rhona and the Christmas card, and Trump had already taken flight for Florida.
Q: How did you feel about your bonus then?
A: Angry—beyond angry.
Q: Why
A: Cut my bonus by two-thirds.
Q: Had he reimbursed you yet?
A: No...

"I was truly insulted, personally hurt by it, didn't understand it, made no sense, after all I had gone through in terms of the campaign as well as things in the Trump Org and laying out $130, to protect him. It was insulting that the gratitude shown back to me was to cut bonus."

Cohen says he went straight to Weisselberg's office to express his anger in "colorful language."

In Weisselberg's office, Cohen says he told him, "You didn't lay out the money. I did. And the best you get for showing loyalty, for extending yourself as I did, is to have your bonsu cut by 2/3? I didn't expect more, but I certainly didn't expect less."

Cohen says Weisselberg said take it easy, go and take your vacation, relax, you know we're going to make this right, we'll take care of you, that kinda thing.

Cohen thinks his anger impacted Weisselberg.

"I was, even for myself, unusually angry," Cohen says, winning some chuckles from the press in the overflow room.

After a mostly even-keeled testimony all day, his emotion, his deep hurt and betrayal, all these years later, is still very apparent.

Q: Did you go away with your family on holiday? (Yes) Did Trump call you on vacation?
A: Yes, he said hope you're enjoying your holiday, don't worry about that other thing, I'm going to take care of it when we get back. (which Cohen understood to be the 2/3 diminution of bonus)

Now post-holiday, a meeting Jan 2017 btwn Cohen and Weisselberg in which Cohen asked about the reimbursement: "He said to me, let's sit down, let's do it" and asked Cohen to bring him a copy of the statement showing the $130k transfer from First Republic Bank.

Cohen walks us through People's 35—the bank statement and handwritten notes.
Q: Whose handwriting is bottom-right? A: Mine.
Q: Bottom-left? A: Weisselberg's.

Q: What did Weisselberg tell you to do in terms of totaling monies owed to Red Finch and what you paid out to Daniels' lawyer?
A: He told me to add up the 130 with the 50 to Red Finch, total it to 180, then he told me what he was going to do—"gross it up"...

...because I was taking it as income, and in order to get back the 180, you needed "double it for tax purposes."
Q: Did he tell you he wanted to gross up that number from 180 to 360, and why?
A: Yes, bc otherwise you wouldn't get back your 180, it would be obviously less.

Q: For Trump Org, did you ever pay out expenses for business trip, things like that?

Yes, Cohen says, but those were usually 1 for 1, not grossed up, but that it was Weisselberg's suggestion that he should take this as income, not as a reimbursement.

(Cohen also explains the $50k to Red Finch for services from two years prior—Trump had decided not to pay Red Finch the money they were owed "because he didn't feel that he had gotten the benefit of what he wanted which dealt with the ranking.")

So, Cohen says he ended up paying out money to Red Finch himself—Cohen had known the CEO of Red Finch and expressed to him that this wasn't fair.

Cohen says he paid the money himself because he still needed Red Finch for other things.

While not related to the hush-money payments, this is still a fascinating look into the constant juggling act that Cohen the fixer had to perform.

It seems that while juggling, Cohen still had a free hand to skim off the top. Though he got $50k for Red Finch, he says he ended up keeping some for himself—not all went to Red Finch.

So that's the 360k, Cohen explains, plus 60k for the additional bonus, et voilà, the magic number of $420,000, all there in Weisselberg's chicken scratch.

He's not a CPA, he's been Trump's CFO for well over 4 decades, Cohen says of Weisselberg.

Q: Where did you go with Weisselberg after this meeting
A: We went to Mr Trump's office to speak to him about this (right before Trump left for the inauguration)
Q: What happened then?
A: During the conversation Allen said to me, what we're going to do is pay you over 12 months

Cohen says all this happened—a discussion about paying Cohen's $420k out over 12 months—in Trump's office, with Trump, and Weisselberg had the bank statement with his handwritten notes in hand.

"He approved it," Cohen says.

After Trump approved the payments, Cohen says Trump said: "This is gonna be one heck of a ride in DC."=

Either in this meeting, or shortly after, Cohen says Trump offered the personal attorney position.

Q: Was the $420k payment for future legal services?
A: That was what it was designed to be.
Q: But what was it actually?
A: Reimbursement of the Stormy Daniels' payment, the bonus and Red Finch money.

In People's 250, Cohen spills the beans in a text to Gene Freidman (Yellow Cab medallion operator): Thank you. I leave tomorrow for D.C. And just between us, I will be personal counsel to Pres Trump

But the very next day, 1/18/17, Cohen announced his new role to the world on the Sean Hannity Show.

In People's 251, immediately post-Hannity, Steve Denari congratulates Cohen via text for his new role as "Trump's personal counsel (consigliere)"

*queue The Godfather theme*

Re: payment, Cohen says Weisselberg told him it would start in Feb and to "just mark down legal services rendered, pursuant to the agreement, and we'll get you a check out"

Q: Did you talk to Trump about compensation for legal work you would do for him in his new role?
A: No

Q: How were you going to be compensated for the new role?
A: By monetizing the role of personal attorney and engaging in consulting
Q: Did you ever put together a retainer for your work with Trump?
A: No ma'am, because there wasn't going to be compensation

Cohen reiterates again that the $420k was not intended for future legal work and that's it, Justice Merchan stops it right there, and gives his usual instructions to the jury.

Cohen takes a sip of water, then another, then downs the cup entirely. He looks relieved.

Before today, people warned that Cohen would be unpredictable, unstable, angry on the stand. But today, for the most part, he was slow and steady, even calm at times.

But remember the Rule of Witnesses:

Never pass judgment on a witness before the cross.

With that, Justice Merchan bids us a goodnight.

As always, team @lawfare is not done just yet. Join me, @AnnaBower, Ben Wittes, and @rparloff as we make sense of everything that just went down in court today live at 5:30pm ET