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
... 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.) ...
/3
... 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
... 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.) ...
/7
... 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
.... 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.) ...
/14
... 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
As Trump’s classified docs prosecution goes forward, now with no pretense of trial before the election, Judge Cannon appears poised to permit him to use public hearings in the case to sound his campaign themes. ...
1/25
... Here, as he did so successfully in Fulton Co., Trump will try to turn the tables, putting prosecutors on trial. Almost all of Trump’s motions (& defenses) reduce to campaign themes: Prosecutorial misconduct and selective & vindictive prosecution orchestrated by Biden. ...
/2
... At first, before Trump sewed up the nomination, he wanted four days of hearings on these themes between July 1 and July 8—the run-up to the July 15 Republican convention. ...
/3
Judge Cannon is about to make a crucial scheduling decision. It’s when Trump must file his “CIPA § 5 notice.” On 4/10, Cannon set it for 5/7, but Trump wants it put off again till after NY trial—at least 9 weeks. Jack objects. It’s fully briefed as of yesterday ...
1/13
... Here’s what it is and why it matters. CIPA § 5 is at the heart of CIPA (Classified Info Procedures Act of 1980). CIPA was enacted to combat “graymail.” That’s when a defendant tells govt: If you indict me, I’ll disclose national security secrets at trial in my defense. ...
/2
... Before CIPA, govt couldn’t evaluate whether def was bluffing, what secrets he meant, were they really secret, were they admissible, could redactions be made? CIPA set up a way to assess all that before trial. But it all begins with the § 5 notice. ...
/3
Here's the "Sandoval" motion the People filed on 3/10 but which just became public. It lists the 13 prior bad acts the People would like to confront Trump with if he elects to take the stand in NY. Includes sex abuse, defamations, persistent fraud ...
/1 bit.ly/4aZdOms
... the 17 felony counts two Trump companies were convicted of (including tax fraud); a $939K fine for frivolous bad-faith lawsuit; abuses by Trump Foundation.
Justice Merchan will most likely bar most from being used, & none would come in unless Trump testifies.
/2-end
P.S. NY permits criminal defendants to ask for a pretrial hearing where the judge rules—before the defendant decides whether to take the stand—on what prior bad acts prosecutors can confront him with if he does. Called a "Sandoval" hearing afterthe case that created the right.
After this morning's argument, seems likely SCOTUS will reject DOJ’s use of 18 USC §1512c2 (obstruction of an official proceeding) in J6 cases by a 5-4 & possibly even 7-2 vote. No idea, tho, if the 2 such charges against Trump in DC, which are sui generis, survive ...
/11
... The charge will probably be dismissed from the ≥ 353 J6 cases in which it has been brought, which is about ¼ of them. If 5-4, the vote will be along familiar ideological lines. But 2 justices seemed in play: Amy Coney Barrett & Ketanji Jackson. ...
/2
... Barrett was troubled, among other things, by the fact that the reading of the statute advanced by defendant Fischer & conservatives is grammatically strained, or “awkward.” ...
/3
Here are 4 observations about Nauta’s 5/26/21 interview with the FBI, which Judge Cannon ordered unsealed, in redacted form, Friday. Transcript available on @lawfaremedia below. ...
1/20 bit.ly/3W1tiBZ
... Obs. 1: Since Jack Smith didn’t take Cannon to the 11th Circuit to stop publication of this transcript, he apparently feels, at least for now, that he can live with Cannon’s order of 4/9, largely retracting her unsealing order of 2/6. ...
/2
... Obs. 2: The reasoning of Cannon’s original 2/6 order would have, in the case of this transcript, exposed the identities of 2 FBI agents and 11 potential witnesses or bystanders for no discernible reason whatsoever. This is breathtaking given ...
/3
As you’ve likely read, yesterday Judge Cannon retracted her 2/6 order that would have unsealed identities of ~ two dozen potential govt witnesses or FBI agents. She thereby likely averted having Jack take her to 11th Circuit over the issue ... 1/7 bit.ly/3vOwnL4
... Her 24-page order is defensive, blaming Jack for not having laid out his argument more clearly earlier. With some basis, tho. Jack’s team isn’t flawless. Its failure to meaningfully respond to Trump’s & Press Coalition’s arguments for unsealing in Jan was baffling. ...
/2
... At the same time Cannon’s failure to appreciate the categorical sensitivity of witness identities and statements (so-called Jencks material, protected by statute 18 USC 3500 & Federal Rules) was also baffling. (See below)...
/3 bit.ly/49vZ0LE