[Mea Culpa podcast is played, Cohen congratulating Bragg with whom he spent countless hours]
Trump's lawyer Blanche: You never met Alvin Bragg, right?
Cohen: Correct
Blanche: And this next podcast, let me play B25 for you
[Cohen puts on headphones. Then for jury
[Cohen saying he wants to see Trump in jail]
Trump's lawyer Blanche: You said your work played a large role in the indictment of President Trump, right?
Cohen: Correct.
Blanche: You responded to this Truth by President Trump?
Cohen: I'm not on Truth Social
Trump's lawyer Blanche: On April 21, 2024 you said you were mentally excited about this trial beginning?
Cohen: Yes.
Blanche: You knew a DANY paralegal was monitoring your social media and still tweeted this?
Cohen: I did.
Blanche: You testified 7 x to Congress?
Trump's lawyer Blanche: You took the same oath as you have in this trial, right?
Cohen: Yes.
Blanche: You've met with federal agents 17 times?
Cohen: I have.
Blanche: 2017 in the House - you lied?
Cohen: Correct.
Blanche: You lied under oath?
Cohen: Yes
Trump's lawyer Blanche: You lied to the Office of the Special Counsel, and to the FBI agents?
Cohen: I did.
Blanche: Your two guilty pleas were combined before Judge Pauley for sentencing, right?
Cohen: Correct.
Blanche: You pled to other crimes too, right?
Yes
Trump's lawyer Blanche: You knew your business partner Gene Friedman was cooperating?
Cohen: Not then. And he was not my business partner. He just leased my [taxi] medallions.
Blanche: In your guilty plea of August 21, 2018 he is Taxi-Operator 2, right?
Yes
Trump's lawyer Blanche: You say you were forced to plead guilty - but when Judge Pauley asked you, you lied, right?
Cohen: That was not true.
Q: What's the difference?
Cohen: Different terminology.
Blanche: You met with court staff for the Pre-Sentencing Report?
Cohen: Yes.
Trump's lawyer Blanche: The pre-trial services representative was concerned you were not accepting responsibility, right?
Cohen: Correct
Blanche: You've said the prosecution against you was the most corrupt in 100 years?
Prosecutor: Objection
[sidebar]
Trump's lawyer Blanche: So you're saying Judge Pauley is or was corrupt?
Cohen: Yes.
Blanche: He's deceased, right?
Cohen: He is.
Cohen: You've called the SDNY prosecutors "f*cking animals," right.
Cohen: I have.
Trump's lawyer Blanche: Last October 24-25 in 60 Centre Street, you said you lied to Judge Pauley, right?
Cohen: Yes
Blanche: Going back to 2019, you testified to Congress again - you were put under oath?
Yes
Blanche: The cover art of Mea Culpa is your oath?
Yes.
Trump's lawyer Blanche: You got acceptance of responsibility credit even though you lied, right?
Cohen: I don't know how Judge Pauley made his decision. In Otisville I met people with longer tax issues who got a year and day. [He glances over at jury]
Trump's lawyer Blanche: Does the outcome of this trial effect you personally?
Cohen: Yes.
Blanche: The medallions, in whose name?
Cohen: Some in my wife's name. Also, 16 corporations. Just FYI, the A-Fs are for individuals.
Blanche: Thanks.
Cohen: You're welcome
Trump's lawyer Blanche: You said you used the HELOC so your wife couldn't know, that you were paying Stormy Daniels?
Cohen: Correct.
Blanche: What did you tell you wife about the HELOC?
Prosecutor: Objection! May be approach?
Justice Merchan: Yes.
[Sidebar]
[After sidebar]
Justice Merchan: Sustained.
Trump's lawyer Blanche: Without talking about any communication with your wife, do you know if she found out?
Cohen: No.
Blanche: You said the HELOC was to conceal it from you wife?
Cohen: Correct.
Trump's lawyer Blanche: Two days after Mr. Avenatti's statement, you deleted all of your text messages?
Cohen: I don't know that.
Blanche: Did you tell people to delete your communications with them? Who?
Cohen: Like David Pecker.
Blanche: And Darlene Stacks?
Trump's lawyer Blanche: You've spoken about seeking a pardon, in a deposition, remember?
Cohen: I don't.
Blanche: Look at B80. You said you never asked for and would never accept a pardon from President Trump - but you meant you asked your lawyers to ask?
Cohen: I wanted the nightmare over. I wanted to find out if they would be doing pre-pardons.
Trump's lawyer Blanche: You had Mr. Costello reach out to Mr. Giuliani to explore it?
Cohen: Mr. Costello was never my lawyer.
Blanche: But you had him reach out for you?
Trump's lawyer Blanche: You said this lie in a written statement?
Cohen: It was confusing.
Justice Merchan: Let's break
Stories
They're back.
Prosecutor: We want a curative instruction about when the indictment was unsealed.
Trump's lawyer Blanche: I can clear it up during cross.
Justice Merchan: Try. If not, a curative instruction. Be aware, the jurors can NOT work next Wednesday.
[Jury entering]
Trump's lawyer Blanche: You were meeting with the Office of Special Counsel Mueller, but SDNY prosecutors were there, correct?
Cohen: Correct.
Blanche: Then were you were at Otisville you started meeting with DANY?
Cohen: Yes.
Trump's lawyer Blanche: You've tried to get your supervised release term reduced, right?
Cohen: Yes. 3 times.
Blanche: 4.
Blanche: Last October you said you had cooperated?
Cohen: I did.
Blanche: You said you refused a 5K?
Cohen: I did.
Blanche: That was false?
Cohen: I wouldn't accept one.
Trump's lawyer Blanche: In Congress, you were asked about your desire to work in White House, based on your December sentencing submission?
Prosecutor: Objection!
Justice Mechant : Sustained.
Trump's lawyer Blanche: You were going to work under Don McGahn?
Cohen: No.
Blanche: Do you know Spencer Zwick?
Cohen: Yes Fundraiser for Romney.
Blanche: He told you, Chief of Staff? And you said, That would be nice.
Cohen: I did.
Trump's lawyer Blanche: Did you tell Kedar Massenburg you wanted a job in the White House.
Cohen: Maybe.
Blanche: Did you Keith Davidson you wanted to be, and might be, Attorney General?
Cohen: Yes.
Trump's lawyer Blanche: You told your daughter you wanted to be special counsel to the President, but Mr. Priebus didn't like the title?
Cohen: Personal Attorney.
Blanche: Was your daughter mad that Gary Cohn got a White House role and you didn't?
Cohen: She was.
Trump's lawyer Blanche: You were friends with Pastor Darrell Scott all the way back to 2011, when there was talk of President Trump running in 2012?
Cohen: I don't remember.
Blanche: Then on National Prayer Day, did you express frustration at not being invited?
Trump's lawyer Blanche: Did you most recent application for early termination include fake cases?
Prosecutor: Objection!
Justice Merchan: Overruled.
Cohen: I used Google Bard, AI, and searched for early termination. We had the 8th Circuit, phantom results
Cohen: The substance was fine, not the citations.
Trump's lawyer Blanche: You mean, they didn't exist?
[Inner City Press first reported that @SDNYLIVE: "The Friday legal filing was first reported by Inner City Press' Matthew Russell Lee" businessinsider.com/michael-cohen-…
@sdnylive Trump's lawyer Blanche: The October 24, 2016 call to Keith Schiller, did he hand his phone to President Trump or did he put you on speaker phone?
Cohen: I don't remember.
Blanche: You didn't talk about this call to the grand jury, right?
Cohen: Don't recall
@sdnylive Trump's lawyer Blanche: But in March 2023 to DANY you didn't mention this case.
Cohen: They refreshed my memory.
Prosecutor: May we approach?
[During sidebar, Cohen is handed another cup of liquid, presumably water]
@sdnylive Trump's lawyer Blanche: Do you remember that you were getting harassing calls in October 2016 and on October 24 at 7 pm they forgot to block their number?
Cohen: No.
Blanche: It ended 0594. Then you texted it, that you'd given the number to the Secret Service.
@sdnylive Cohen: I did. I found they were 14.
Trump's lawyer Blanche: Then at 7:48 pm you texted Keith Schiller about the 14 year old.
Cohen: Yes
[Shown on screen: 10/24/16 voicemail & call 8:01 & 8:02]
Blanche: You claimed this was about Stormy Daniel
Cohen: Yes sir.
@sdnylive Trump's lawyer Blanche: Show this to the jury but not to the courtroom
Justice Merchan: We can do that.
Prosecutor: It has numbers on it.
Blanche: Not to the courtroom... At 8:14 pm you texted Keith Schiller the number that had been harassing you.
Cohen: Yes.
@sdnylive Trump's lawyer Blanche: You lied about this. You said you didn't remember the harassing phone calls - now you claim that in the one minute and 36 seconds call you spoke about the harasser and Stormy Daniels
Cohen: Could have been
Blanche: Not what you said Tuesday
@sdnylive Trump's lawyer Blanche: You are lying.
Cohen: Based on the records I think I spoke about both.
Blanche: We are not asking for your belief. This jury does not want to hear about what you think happened
Prosecutor: Objection!
Justice Merchan: Sustained.
@sdnylive Trump's lawyer Blanche: The people's chart omitted your texts with Keith Schiller - you claim you were telling the truth on Tuesday?
Cohen: Based on the documents.
Blanche: So you testified off documents the People gave me, and not your own memory?
@sdnylive [They're back]
Trump's lawyer Todd Blanche: We have a draft curative instruction on the timing of the unsealing of the indictment, but it was my intention to rehabilitate the question right out of the box now
Justice Merchan: Let me see it
Prosecutor: This is not something that should be cleaned up by Mr. Blanche. The Court should do it
Trump's lawyer Blanche: The texts made clear that the indictment was leaked, the detective said They told the NYT before they told you
Justice Merchan: I'll watch it
Justice Merchan: I am also informed that one juror says they have an appointment next Thursday at 1:30 - I'd like to take it up with the juror at the break in the robing room, one lawyer from each side. Get the witness.
[Cohen re-takes the stand]
[Jury enters]
Trump's lawyer Todd Blanche: Let us be clear, you don't have any evidence that anyone at DANY leaked the indictment, do you?
Cohen: I don't.
Blanche: It was unsealed March 30?
Cohen: Yes.
Justice Merchan: Please approach
[sidebar]
Trump's lawyer Blanche: And when you went on TV, it was public?
Cohen: Yes.
Blanche: Put up the redacted exhibit
[one of which says, "I'M 14"]
Trump's lawyer Blanche: In 2011, you arranged for an article about how well Mr. Trump was polling - and one about yourself, right?
Cohen: Yes.
Blanche: How do you do this?
Cohen: I know reporters and I pitch them.
Blanche: You had a Rolodex of reporters?
Yes.
Trump's lawyer Blanche: You never responded without checking with President Trump?
Cohen: Once I had his answer, I might re-use it.
Blanche: In May 2011, Mr. Trump decided not to run, and later that year you worked with Keith Davidson to get The Dirty taken down
Trump's lawyer Blanche: Haven't you told law enforcement that Mr. Trump's first statement was that his family would not like the Stormy Daniels story on The Dirty very much, right?
Cohen: Yes.
Blanche: You recorded reporters a lot?
Cohen: Forty times.
Trump's lawyer Blanche: When did you stop recording reporters?
Cohen: After the 2016 election.
Blanche: You didn't record in 2017 and 2018?
Cohen: I've have to check.
Blanche: We'll check together. Did you share a recording with Ms. Haberman of another person?
Trump's lawyer Blanche: Did you sometimes record people without telling them?
Cohen: It's not illegal in New York.
Blanche: That's not what I asked. Look at this list. Who else did you record?
Cohen: Jeff Zucker... Mr. Trump... and other reporters.
Trump's lawyer Blanche: You know it's unethical for a lawyer to record his client, right?
Cohen: There is the crime-fraud exception.
Blanche: To record Mr. Trump for Mr. Pecker to hear?
Cohen: I was just giving an example.
Trump's lawyer Blanche: The doorman's story, Mr. Trump did not want it getting out even though it was false, right?
Cohen: Yes, sir.
Blanche: You didn't tell President Trump about the liquidation clause, did you?
Cohen: I did not.
Trump's lawyer Blanche: You testified about a June 16, 2016, 6:51 pm call to President Trump through Keith Schiller - but you say you were receiving and making 1000s of calls.
Cohen: These were important. And I have been talking about them for six years.
Trump's lawyer Blanche: You have a specific recollection of this special call?
Cohen: Based on the documents I've been shown.
Blanche: That day, just before, you called Chris Cuomo. Do you remember that?
Cohen: Yes.
Trump's lawyer Blanche: When you recording President Trump, you say it stopped recording because you got and answered a call?
Cohen: Yes. From Capital One Bank.
Blanche: Do you remember what about?
Cohen: No... I might have been about identify theft, the 2nd time.
[They're back]
Justice Merchan: We spoke with the alternate in the robing room. Have you discussed it with your colleagues?
Prosecutor: We should not tell the jurors they'll stop next Thursday at 1 - if we've reached the point where we can release the alternate
Trump's lawyer Todd Blanche: This NDA, its a perfectly legal contract, isn't it?
Cohen: It is.
Blanche: And Donald J. Trump never signed it, nor the side letter?
Cohen: He did not.
Trump's lawyer Blanche: Who made up David Dennison and Peggy Peterson?
Cohen: Keith Davidson knew someone named Dennison. I don't know how Peggy was picked.
Blanche: You were a lawyer at the Trump Org-
Prosecutor: May be approach?
[sidebar]
Trump's lawyer Blanche: You worked for the Apprentice for the Trump Organization?
Cohen: I think it was for Mr. Trump personally.
Blanche: You did legal work for Don Jr too?
Cohen: Yes.
Blanche: And you never had a retainer agreement?
Cohen: I did not
Trump's lawyer Blanche: Put up 202 in evidence.
[Cohen's FEC statement] You said, "Just because something isn't true doesn't mean it can't cause you harm or damage." You told reporters this was true?
Cohen: I did.
Blanche: And you recorded yourself?
Cohen: Yes
Justice Merchan: Why don't we stop here.
[Jurors leave]
Trump's lawyer Emil Bove: Our expert Mr. Smith on campaign contribution - now the arguments are different, with the draft jury instruction in.
Justice Merchan: I have not approved anything
Trump's lawyer Bove: We'd address definitions, the case of Congressman Jim Moran - we don't want to tread on the Court's instruction. This testimony could some in Monday.
Prosecutor: 95% of what he'd say runs afoul of your Honor's rulings.
Justice Merchan: I previously ruled Smith may not testify as a lay fact witness, only generally on the FEC. I'll read both submissions this weekend. Until you hear differently, my ruling has not changed. Very limited, very general.
Justice Merchan: Scheduling, I want to avoid big breaks. Maybe we can start early and work late - but no Wednesday. How much more of Mr. Cohen?
Trump's lawyer Blanche: I'll be done with cross before the morning break on Monday.
Prosecutor: No more witnesses
Trump's Blanche: We could finish witnesses on Monday - that's without considering Mr. Trump.
Justice Merchan: Pre-charge conference on Monday, be ready for summations Tuesday. Adjourned.
stories:
OK - now at Liner Freedman v. Blake Lively, case about Lively's subpoena on Bryan Freedman's firm which represents Justin Baldoni (and is trying to quash the subpoena). Inner City Press wrote the book and will live tweet, thread belowamazon.com/dp/B0DWC8BH55
2:10 pm
All rise!
Judge: I'll hear on the motion to quash the subpoena.
For Liner Freedman, Ellyn S Garofalo: The Lively parties cite cases where opposition counsel was involved in resolved lawsuits or were involved in the matters are issue. Not the case here
Liner Freedman's Garofalo: Here, they allege an "untraceable" smear campaign. Whether the Liner firm has any relevant documents about communications with content creators is in dispute-
Judge: One might say if there's a dispute, there can be discovery, if relevant
[After yet another sidebar, Storm's lawyer Axel is talking to the prosecutors. At defense table, Klein tells Patton (who's doing the closing), No pressure. They laugh.
Still waiting for kick-off
9:35 am
Jury entering!
Judge: We begin with the Government.
AUSA Gianforti: You have had a front row seat to the world of international crime. Roman Storm knew what he was doing and he made millions of dollars. He found the real money was not in privacy but crime
AUSA Rehn: They want to put in that Chainanalysis ran a relayer and also was a government contractor - but of course there are government contractors, reputable ones, that have engaged in criminal activity
Judge: I'm not sure "reputable" is coming in
Storm's lawyer Klein: We should be allowed to put a face on the relayers
Judge: But you are putting them on as a custodian
Klein: This was a decentralized protocol, they claim it ws all one giant thing working together.
Judge: I don't think that's their argument
OK - now in US v. Roman Storm, defense case Day 3, Edman - & Melekan who opposed Tornado Cash sanctions. v. Agent George patreon.com/posts/crypto-t… Inner City Press put out book about the case, Crypto Tornado amazon.com/dp/B0FHXTCNCR & will live tweet, thread below
Judge Failla: Defense, call your next witness.
It's expert Matthew Edman of NAXO.
Storm's lawyer Axel: Have you testified in the SDNY?
Edman: Yes. And I did a written submission for the US prosecutors in the Northern District of California.
[Long intro to jury]
Storm's lawyer Axel: If the Tornado Storm founder like Mr. Storm were hacked today could the hackers use the credential to steal money from the pools?
Edman: No. It's immutable.
Axel: Did you listen about the incidents?
Edman: Yes. They were after immutability
[Before jury in]
Storm's lawyer Klein: The prosecutors gave us a big spreadsheet from Special Agent George too late
Judge: How did this happen?
AUSA: Agent George only recently gave us the information. We don't think his testimony on this should be stricken
Storm's lawyer Klein: We only were given this new data yesterday - we didn't have it for our cross examination of Agent George.
Judge: I will have to think about this.
Storm's lawyer Axel: There was not a motion that all facts in the case must end in August 2022
Storm's lawyer Axel: In your review, were there transactions not related to Torn?
IRS-CI Agent George: Yes, Ma'am.
Axel: You found USDT coming out of the Binance account?
George: Yes.
Axel: To a pseudonymous wallet?
George: Right. I used communications from DOJ
Now: US summary witness O'Sullivan
AUSA: Mr. O'Sullivan, please look at the binder in front of you
Judge: Is this an exhibit?
AUSA: For now it is just a demonstrative... Mr. O'Sullivan, in the chart in front of you, are the dates plotted and are they accurate?
Yes