Roger Parloff Profile picture
May 19, 2024 17 tweets 7 min read Read on X
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 ...
/2
... 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.) ...
/3

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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. ...
/4
... 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
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... 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.) ...
/8
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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.) ...
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... 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.) ...
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... 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.)...
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... 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
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... 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

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... 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 Image
... 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

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More from @rparloff

Sep 1
On Thurs (while I was on vacation), @ACLU
sought full DC Circuit review of the splintered panel decision that would vacate the Judge Boasberg order that found probable cause to believe DOJ attys committed criminal contempt in the JGG case. ...
1/5storage.courtlistener.com/recap/gov.usco…
... Recall that on 8/8 all 3 panelists agreed that Boasberg’s order was not appealable, yet 2 Trump appointees, on different theories, voted to grant mandamus. @ACLU says the outcome “would have dire consequences for the Judiciary’s ability to enforce its orders.” ...
/2 Image
... .@aclu says it wants to ensure parties can’t evade even answering questions about their possible defiance of court orders. Here, DOJ attys “chose to ignore the order & then retroactively manufacture ambiguity”—“a remarkable step for any litigant, much less the DOJ" ... /3 Image
Read 5 tweets
Jul 20
On Friday, in a 34-page unanimous ruling, the 1st Circuit denied govt a stay of Judge Young’s July 2 order declaring NIH’s cancellation of 100s of research contracts as “breathtakingly arbitrary & capricious.” Some interesting things...

1/5storage.courtlistener.com/recap/gov.usco…
If you recall, Judge Young found that DOGE had “force-fed” the cancellations to NIH, drafting cancellation letters, which no NIH scientist reviewed & which the NIH director approved “within [2] minutes”. ...
/2 Image
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DOGE’s template cancellation letter left blanks to be filled from a “reason-for-termination menu,” listing topics like “DEI,” “China,” “Transgender Issues,” “Climate Change.” Use of the menu was “mandatory.” ...
/3 Image
Read 5 tweets
Jul 13
A thread about DOJ’s astoundingly misleading responses to the 27-page Reuveni letter (since backed by 150pp of corroborating texts/emails) alleging conduct approaching contempt in 3 cases: JGG, Abrego, DVD.
Let’s examine @DAGToddBlanche’s & @AGPamBondi’s responses. ...
1/9
Reuveni’s letter says 5 others (but not Blanche) were at the 3/14/25 meeting where Bove allegedly said they “would need to consider” telling courts “fuck you.” In Blanche's denial, he claims he was present for whole meeting—but it appears he wasn’t. ...
/2 Image
“I was at the meeting,” Blanche writes. But Blanche only poked his head in & left, Reuveni told NYT. Tellingly, Bove testified to Senate *not* that Blanche was present, but that Blanche *said* he was present. ...
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Read 9 tweets
Jun 30
After today’s 5th Circuit argument in the Alien Enemies Act case WMM v Trump ( formerly AARP) it appeared that at least 2 of the 3 judges would approve the validity of Trump’s Alien Enemies Act proclamation. Unclear what due process they’ll afford targeted aliens. ...
1/6
... Judge Andrew Oldham (Trump appointee) doubted that a court could "countermand" virtually any aspect of Trump's decree. He even doubted that aliens had a right to deny their membership in Tren de Aragua, tho SCOTUS has said they do. ...
2/6
... Judge Leslie Southwick (GWBush) was tending toward adopting Judge Haines's (WDPenn) view. Haines found that the decree plausibly found a “predatory incursion” in light of Secy Rubio’s designation of TdA as a “foreign terrorist organization.” ...
3/6
Read 6 tweets
Jun 25
Emil Bove, like Blanche on X, may be evading. Reuveni wrote than on 3/14 "Bove stated that DOJ would need *to consider* telling the courts "fuck you” and ignore any such court order." So it's true Bove didn't literally order anyone to violate court orders *at that meeting*
1/3 Image
... & it’s also true that Reuveni, later that day, after speaking to DOJ colleague Flentje, felt momentarily reassured. But it's the events that followed--laid out in detail over 27 pages--that suggest that Bove's "fuck you" comment *was* eventually carried out. ...
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... And I don't think anybody yet has denied that the "fuck you" comment was made. Maybe Bove will today. Maybe not. But there’s likely a text between Reuveni & Flentje referencing it when DOJ/DHS was, it seems, violating Judge Boesberg’s orders on 3/15.
/3-end Image
Read 4 tweets
Jun 19
Tomorrow, at noon, Judge Farbiarz (DNJ) will hold a hearing on whether to release Mahmoud Khalil on bail. Khalil, in custody in Louisiana, requested the hearing 91 days ago. Since then at least 5 others similarly situated have all been released. Thread.
1/21
Khalil is a lawful permanent resident Columbia grad student who participated in Gaza protests. No criminal record. Palestinian. On 3/8 he was detained in his lobby in NYC as he returned with his US citizen wife, who was then 8-months pregnant. ...
/2
On 3/9, Khalil sued seeking release, alleging retaliation for 1st Amendment protected speech.
On 3/11 DHS told Khalil that the reason he was being removed was Secy Rubio’s finding that his presence in US had “serious adverse foreign policy consequences.” ...
/3
Read 21 tweets

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