Will Todd Blanche’s Perry Mason moment Thurs. during his cross-examination of Michael Cohen torpedo the People’s case against Trump? Here’s some perspective. ...
1/16
... On Thurs Cohen misremembered a call to Trump bodyguard Schiller on the evening of 10/24/16. He thought he spoke to Trump about Stormy Daniels but, in fact, it appears he probably spoke to Schiller about a 14-year-old prank caller. But ...
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... here are other facts the jury knows & will be reminded of either on redirect or closing. That same day, 10/24/16, Cohen exchanged the first in a series of frantic Signal calls with AMI chief David Pecker that continued for 2 days. (Not about a 14-yo prank caller.) ...
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... Pecker’s right-hand guy, Dylan Howard, also had a flurry of exchanges with Cohen starting 10/25/16. “We have to coordinate something ... or it could look awfully bad for everyone.” (Doesn’t sound like it’s about a 14-yo prank caller.) ...
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... At that time, Cohen testified, he was trying—but failing—to convince Pecker to have AMI pay Stormy Daniels the $130K. Pecker already testified that that was, indeed, the case. ...
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... Also during that time—10/23/16 to 10/25/16—Cohen had a series of calls with Trump Org CFO Weisselberg, the last of which took place after biz hours, 7:23pm, on 10/25/16 and lasted 3 min 24 sec. (Not about a 14-yo prank caller.) ...
/5
... The next morning, 10/26/16, Cohen had 2 calls with TRUMP. 1st is at 8:26am (3 min 1 sec) and 2d is at 8:34am (1 min 28 sec). Cohen testified they talked about how Cohen was setting up a vehicle to pay Daniels off. ...
/6
... A half hr later, 9:04am on 10/26/16, Cohen reached out to this woman to get corporate records he needed to open a bank acct for Essential Consultants, a Delaware LLC he’d set up earlier that month to pay Daniels. (Not about a 14-yo prank caller.) ...
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... By 10:52am same morning (10/26/16), Cohen has set up the bank acct for Essential Consultants, providing a false description of what it was for. (Doesn’t seem to be about a 14-yo prank caller.) ...
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.... At 11:56am same day, 10/26/16, Cohen’s banker seeks confirmation that he wants to withdraw $131K from his home equity line of credit to deposit in his checking acct. (Doesn’t seem to be about a 14-yo prank caller.) ...
/9
... At 1:51pm same day, 10/26/16, Cohen lets Stormy Daniels’ atty Davidson know that the funds are in his checking account, about to be wired. (Doesn’t seem to be about a 14-yo prank caller.) ...
/10
... Early next morning, 10/27/16, Cohen demands & receives assurance from Davidson that Davidson won’t disburse funds to Stormy Daniels till Daniels has signed the Non-Disclosure Agreement. (Not about a 14-yo prank caller.)...
/11
... The wire transfer of $130K from Essential Consultants to Davidson goes out around 10am on 10/27/16. (Not about a 14-yo prank caller.) ...
/12
... The confidential NDA, together with an ultra-confidential side letter identifying the encoded parties, is signed by Daniels 10/28/16. Cohen signs for Trump. (Not about a 14-yo prank caller.) ...
/13
... At 11:48am on 10/28/16, the day the NDA is finally signed, Cohen and TRUMP have a 5 min 16 sec phone call. (No evidence that was about a 14-yo prank caller.) ...
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... Finally, here’s the later bank statement showing, again, the wire transfer of 10/27/16, but with Weisselberg’s handwriting in left corner (from ~1/17/17) describing the convoluted way Trump will reimburse Cohen, grossing up the payoff to conceal it as income. ...
/15
... Maybe it’s just me, but I think Blanche’s Perry Mason moment may prove less devastating than many commenters seem to think. For full @lawfare coverage of the trial to date, see below.
/16-end
The transcript of the MN hearing where an AUSA said “This job sucks” is remarkable for more reasons than that. It’s a searing portrait of a crisis perpetrated by depraved & oblivious high-level officials. Read it all. ... 1/7 documentcloud.org/documents/2687…
Judge Jerry Blackwell’s own comments deserve attention: Unlawful detention “falls on the heads of those who have done nothing wrong to justify it. ... The overwhelming majority of the 100s seen by this Court have been found to be lawfully present ... in the country.” 2/7
“[Y]ou cannot ... detain first & sort out lawful authority later. ... Continued detention is not lawful just because ... an operation has expanded beyond the Government's capacity to execute it lawfully.” ... 3/7
Attys for class of refugees have asked Judge Tunheim in MN to hold govt in civil contempt for alleged failure to comply with his 1/28 order to unconditionally release refugees detained under a new DHS policy that, they say, departs from 45 yrs of practice. 1/4 documentcloud.org/documents/2680…
In Jan. DHS started subjecting 5,600 MN refugees to warrantless mandatory detention 1 year from admission if they hadn't yet become permanent legal residents. On 1/28 Judge Tunheim issued TRO to stop the policy & immediately release those detained. ...
/2 storage.courtlistener.com/recap/gov.usco…
Refugees allege DHS dragged feet & imposed onerous conditions on those released, retaining their IDs & work permits. DHS has moved to dissolve the TRO, alleging “detain-and-inspect” policy is lawful & mandated by statute below, even if never before interpreted that way. /3
The Trump Adm is arresting Don Lemon and overcharging disruptive protesters at Cities Church to posture as if it’s protecting Christians. It’s not. DHS is staging disruptive ops at other churches, at least one of which has had to go online. ... 1/4
ICE vehicles commandeered that multicultural church’s private-property parking lot for staging purposes; staff experienced burning eyes from nearby chemical irritants & pepper balls, per declaration of MN AG investigator.
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Other church services—a healthcare clinic and preschool—have had to shut down or go online, per declaration of MN AG investigator, based on interview with the pastor).
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In seeking a fed court order to stop fed agents from “destroying or altering evidence” re the Pretti shooting, granted last night by a Trump-appointed judge, MN’s investigatory chief said feds blocked his inquiry for 1st time in his 20+ yrs—even after he got a search warrant to inspect the public space.
1/5
MN’s brief asserts that federal agents left the scene several hrs after the shooting, “allowing the perimeter to collapse & potentially spoiling evidence,” a “sharp departure from normal best practices” that may’ve “directly led to the destruction of evidence.” 2/5
Here’s the declaration of Bureau of Criminal Apprehension (BCA) superintendent Drew Evans.
memo announcing new policy shown only to select DHS officials, shared with some employees who were then told to read it and return it and not to take notes.
memo summarized here in whistleblower letter. allegedly issued on may 12 by acting ICE director Todd Lyons. documentcloud.org/documents/2649…
Accused J6 pipebomber Brian Cole is claiming that he is entitled to release due to govt’s failure to obtain within the allotted time period either a proper grand jury indictment or a judge’s probable cause finding after a “preliminary hearing.” Odd situation. ...
1/10
Under Federal Rules, absent defense consent or “extraordinary circumstances,” you can’t detain someone > 14 days without a finding of probable cause, either by indictment or public preliminary hearing. Prosecutors prefer indictments because they’re secret. ...
/2
Cole has been in custody since 12/4 on a criminal complaint. His initial appearance was 12/5. The mag judge set a detention hearing for 12/15, but didn’t mention a preliminary hearing. Seems like everyone assumed the govt would indict Cole by 12/15—but it didn’t. ...
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