Thread by @stewartbishop

Back again in NY Supreme Court for the trial of Donald Trump for allegedly falsifying business records to cover up a 2006 sexual encounter with Stormy Daniels, lest it mess up his already troubled 2016 presidential campaign.

It’s day 2 of testimony from Michael Cohen, Trump’s former lawyer, now disbarred, who is arguably the most important witness at this trial.

It was Cohen who paid Daniels $130,000 in hush money out of his own pocket, to keep her quiet about the sex, while Trump was reeling from the release of the infamous Access Hollywood video in Oct. 2016.

t was Cohen who paid Daniels $130,000 in hush money out of his own pocket, to keep her quiet about the sex, while Trump was reeling from the release of the infamous Access Hollywood video in Oct. 2016.

*It.

Yesterday, for the first time, we heard that Trump knew of and signed off on this arrangement.

Cohen’s still on direct, but will likely get to cross sometime today, which will no doubt get rough. Cohen previously pled guilty to tax evasion, campaign finance violations and lying to Congress. He did time in federal prison.

However, Cohen has since denied that he ever evaded taxes, and says he lied to the judge about that when he pled out. Prosecutors leaned hard on him to plead to everything they wanted, Cohen says, and he just wanted to take the deal.

Cohen is back on the stand and Assistant District Attorney Susan Hoffinger gets right to it. She asks Cohen about a February 2017 meeting he had with Trump at the White House, where they discussed reimbursing Cohen for the hush money.

“I was sitting with President Trump and he asked me if I needed money,” Cohen says. “I said no I'm ok, he said make sure you deal with [Weisselberg]."

As we heard yesterday, Weisselberg arranged for Cohen to be paid $420k over the course of 2017 in installments of $35,000.

Hoffinger asks if Trump said anything about a forthcoming check.

“Yes,” Cohen says.

He says Trump mentioned that a check was coming to Cohen to cover the installment payments for January and February 2017.

That's it right there. As we heard yesterday, Cohen says Weisselberg instructed him to send monthly invoices for legal services rendered, pursuant to a fictitious retainer agreement, and the Trump Org. would send him a check.

Hoffinger goes month by month in 2017, asking Cohen about each invoice he sent to the Trump Org., purportedly for legal services rendered, and every check he received in response.

For example, October.

"Does that invoice falsely state that you're seeking payment for the month of October 2017 for legal services pursuant to a retainer agreement?" Hoffinger asks.

"Yes ma'am," Cohen says

The jury is shown a copy of the $35,000 check Cohen received for that month.

"Did you receive this check and the attached check stub in response to the false invoice?" the ADA asks.

"Yes ma'am," Cohen says.

"Who signed the check?" Hoffinger asks.

"Donald J. Trump," Cohen responds.

"Was the description on the check stub false?" Hoffinger asks.

"Yes ma'am," Cohen says.

Cohen says he actually did less than 10 hours of legal work for Trump in 2017.

"As personal attorney for the president, did you continue to lie for him?" Hoffinger asks.

"Yes ma'am," Cohen says.

"Why?" Hoffinger asks.

"Out of loyalty and in order to protect him," Cohen says.

Cohen further testifies that he lied to Congress in 2017, in his testimony and a written statement, in connection with the potential 'Trump Tower Moscow" project. He told Congress that he spoke to Trump only 3 times about the deal, when in fact it was more like 10.

"I was staying on Mr. Trump's side...that there was no 'Russia Russia Russia,'" Cohen says.

Going back to January 2018 when the Wall Street Journal published an article revealing that Michael Cohen had paid Stormy $130k in hush money.

At the time, Cohen said it was all him, not Trump.

Stormy, via her attorney Keith Davidson, put out a statement denying the story.

Hoffinger asks if that statement was false.

"Yes ma’am,” Cohen says.

“For much of 2018, when you were acting as Trump’s personal attorney, did you continue to lie for him [about] Stormy Daniels?” Hoffinger asks.

“Yes ma’am,” Cohen says.

Cohen is asked about the time when Stormy decided to go public. Cohen says at the direction of Trump and his son Eric, he secured a temporary restraining order against Stormy in an arbitration proceeding in California.

Stormy eventually went public in a tell-all interview on 60 Minutes in March 2018.

Eventually, Trump in Dec. 2018 decided to not enforce the hush money agreement with Stormy.

Cohen says it came about because if they went forward with legal proceedings,Trump would have to sit for a deposition.

In April 2018, Cohen’s office and home were raided by the FBI. Hoffinger asks Cohen how he felt at the time.

“How to describe your life being turned upside down?” Cohen says. “Concerned, despondent, angry.”

Days later on Twitter, Trump accused NYT reporter Maggie Haberman of trying to destroy Michael Cohen and his relationship with Trump.

“Most people will flip if the Government lets them out of trouble, even if...it means lying or making up stories. Sorry, I don’t see Michael doing that despite the horrible Witch Hunt and the dishonest media!” Trump tweeted.

Cohen says that tweet was directed at him. It was Trump saying “stay in the fold, stay loyal, you're a fine person, don't flip,” Cohen says.

“It reinforced my loyalty and my intention to stay in the fold,” Cohen says.

Trump was still picking up Cohen’s legal fees at the time, and he was still part of a joint defense agreement with Trump and others

Trump had also called Cohen personally around that time.

"He said I’m the president of the United States...stay tough, everything’s going to be okay,” Cohen says.

Hoffinger asks Cohen how he felt about that call.

“It was extremely important,” Cohen says. “First of all I was scared....and I wanted some reassurance that Mr. Trump had my back. Especially because it dealt with issues related to him.”

Cohen is asked about a meeting he had with attorney Robert Costello, which was set up by another lawyer. Cohen said the meeting about Costello’s possible representation of him in criminal proceedings.

“He said to me that he had been at the Southern District of New York and he’s incredibly close to Rudy Giuliani,” Cohen says, referring to the Manhattan U.S. Attorney’s office, which Giuliani once ran.

"Mr. Giuliani at the time had a very close relationship with, and was spending a tremendous amount of time with President Trump," Cohen says. "[Costello] said this would be a great way to have a back channel to the president in order to make sure your [covered]."

"There was something really sketchy and wrong about him," Michael Cohen says of Costello.

Cohen says he didn't tell Costello about Trump's involvement in the hush money payments.

I didn’t trust him, meaning Bob Costello, and I still remained loyal to Mr. Trump," Cohen says.

"I believed he would immediately run back to Giuliani and that information would be divulged to President Trump," Cohen says.

Later on, in emails, Cohen says Costello was telling him he was angry that Cohen had explored representation by another lawyer.

The jury is shown an email from Costello to Cohen, indicating that he can get a message to his “friend” and his “client” on Cohen’s behalf.

Giuliani and Trump, obviously.

In another email, Costello emails Cohen a link to a youtube video of Giuliani on TV talking about Cohen's potential cooperation.

"Why send this to me," Cohen replies.

Costello tells Cohen that he seems to be under the misimpression that he’s being thrown under the bus.

“I think you’re believing the narrative by the left wing media,” Costello says in the email.

"The whole objective of this exercise by the SDNY is to drain you emotionally and financially until you see them as your only means of salvation," Costello tells Cohen in the email.

"If you really want certain things to happen, you should make that known," Costello tells Cohen.

"This is part of the pressure campaign," Cohen says. "That everyone is lying to you, that you are still regarded, that the president still supports you, do not believe the [press]."

The message was clear, Cohen says.

"Don't flip, don't speak, don't cooperate," he says.

Eventually, Cohen says after a conversation with his family, he decided that his loyalty to Trump was misplaced.

"I made a decision that I would not lie for Trump," Cohen says.

Hoffinger asks Cohen why he paid off Stormy.

“To ensure the story would not come out, not affect Mr. Trump's chances of becoming president of the United States,” Cohen says.

"And at whose direction did you commit that crime?" Hoffinger asks.

"President Trump," Cohen says.

Hoffinger goes into Cohen's criminal prosecution(s) for campaign finance violations, tax evasion, lying to Congress etc. Cohen was sentenced to 3 years in prison, but got out early due to covid.

"Mr. Cohen, what was that day like for you, pleading guilty to all those crimes," Hoffinger asks.

"Worst day of my life," Cohen says.

Hoffinger's batting clean up now. Cohen did time, he disputes some of the charges, said he took the plea under the threat of his wife being prosecuted. He has 2 podcasts and wrote 2 books which in part trash Trump, and make him money.

“Mr Cohen do you have any regrets about your past work and association with Donald Trump?” Hoffinger asks. 

“I do,” Cohen says. “I regret doing things for him that i should not have, lying, bullying people in order to effectuate the goal.”

By staying loyal to Trump and “[doing] the things he ask me to do, I violated my moral compass and I suffered the pendalty, as has my family,” Cohen says.

“Nothing further,” Hoffinger says.

We’re breaking for lunch.

This just in, Trump has lost his latest appeal of the gag order in this case that prevents him from publicly attacking witnesses, among other things.

"We find that Justice Merchan properly weighed petitioner’s First Amendment Rights against the court’s
historical commitment to ensuring the fair administration of justice in criminal cases..."

"...and the right of persons related or tangentially related to the criminal proceedings from being free from threats, intimidation, harassment, and harm," a panel of the mid-level Appellate Division, First Department says.

Ok, back from lunch and Cohen's cross starts off with a bang. Trump counsel Todd Blanche is up and confirms that he and Cohen have never met.

"But you know why I am don't you?" Blanche asks.

"Yes," Cohen says.

"You went on TikTok and called me a crying little shit," Blanche says.

"Sounds like something I would say," Cohen replies.

The government objects, Justice Merchan calls a sidebar.

Blanche is asking Cohen about the investigation in this case. He asks if prosecutors were concerned at the time that Cohen was going on TV and spilling details of the probe.

Cohen says he doesn’t recall specifically, but it wouldn't surprise him.

Cohen also confirms that he called Trump a "dictator douchebag" and a "little animal" who belongs in "a fucking cage."

Blanche is trying to get Cohen to confirm that the DA's office was imploring him last year to stop talking about the case until the indictment was handed up.

Cohen says he doesn't recall, nor does he remember ever promising that he would hold off.

Blanche, incredulous, asks Cohen how is it that he remembers all sorts of conversations with Trump from 2016-17, but he can't recall talks with the DA's office from last year.

"I recall all the conversations with President Trump at the time, yes," Cohen says.

Blanche asks Cohen about his podcasts (I thought he just had the one), which run four times a week. He does some math about the number of hours since this case began or something.

“Of those more than 200 episodes, would you agree that you’ve talked about President Trump on every single one?” Blanche asks.

“He’s been mentioned on every one, yes,” Cohen says.

“You’ve also talked on your podcast Mea Culpa about how you want President Trump to get convicted in this case?” Blanche asks.

“Sounds like something I would say,” Cohen says.

Blanche doesn’t like the answer, and presses Cohen further

"Do you want to see President Trump get convicted in this case?” he asks.

“Sure,” Cohen says nonchalantly.

We're seeing a merchandise webpage that's tied to Cohen's Mea Culpa podcast. One item is a coffee mug that says "Send him to the Big House not the White House."

Fun fact, Cohen still lives in a Trump building here in Manhattan, where he owns an apartment.

Cohen confirms that he respected and looked up to Trump when he worked for him, and once referred to the Trump book “The Art of the Deal” as a “masterpiece.”

Blanche is going through a list of glowing statements about Trump that Cohen made in 2015.

“You weren’t lying, were you?” Blanche asks.

“At that time I was knee-deep into the cult of Donald Trump, yes,” Cohen replies.

“It’s how I felt, so yes it would be the truth,” Cohen says.

Blanche asks Cohen about a 2017 Vanity Fair article in which he described himself as the “guy who stops the leaks” and “protects the president and his family.”

“You said you would take a bullet for the president, didn’t you?” Blanche asks.

“I did say that, yes,” Cohen says.

Blanche asks Cohen if he said something to the effect of “Boss I miss you so much” in the wake of the investigation.

Cohen says he doesn’t recall.

Blanche gives him an article to refresh his recollection of whether he said the "Boss I miss you" thing. Cohen puts on a pair of reading glasses, appears to read the entire article before saying “no,” he still doesn’t recall.

Blanche is asking Cohen about the Mueller investigation. Cohen confirms that he agreed to cooperate. Blanche is trying to trip him up about what he told the special counsel’s office in August 2018.

Cohen says he was still trying to be protective of Trump.

“You were still being loyal to President Trump at the time,” Blanche says.

“Yes sir,” Cohen replies.

Cohen confirms that he first spoke to prosecutors from the Manhattan DA's office when he was in prison in the fall of 2019 at FCI Otisville north of NYC.

Cohen confirms that he was very much looking for a way to get his sentence reduced at the time.

Otisville is where a lot of NY white collar offenders end up, btw.

Back from a break, and Cohen is confirming that he did file a so-called rule 35 motion in federal court to try and get his sentence reduced, in light of his cooperation with multiple prosecutors' offices. He lost.

Michael Cohen’s time in and out of federal prison is a whole story unto itself. He began his term in May 2019, and tried to get released in March 2020 as covid hit, only to be shot down by a Manhattan federal judge, who deemed Cohen’s release bid to be a media stunt.

However, less than two months later the Bureau of Prisons furloughed Cohen to serve out his three-year term in home confinement as covid fears increased.

In July 2020, Cohen was sent back to prison, ostensibly for refusing the terms of his home confinement. Days later, a judge found that federal authorities had retaliated against Cohen for not agreeing a demand that he not publish a book about Trump, and ordered Cohen's release.

Cohen confirms that he once referred to Trump as “a Cheeto-dusted cartoon villain.”

Cohen confirms that while in prison, he also met with Mark Pomerantz, a former special assistant district attorney hired by Alvin Bragg’s predecessor Cy Vance to help with an investigation of Trump’s finances.

Pomerantz resigned in February 2022 after Bragg declined to seek an indictment of Trump after that investigation, and has since been publicly critical of Bragg's decision.

Cohen confirms that he's still on supervised release, as part of his original sentence. He says he'll be free and clear in November.

That’s a wrap for today. The trial is off tomorrow, so we’ll be back on Thursday.