Thread by @innercitypress

OK - #TrumpTrial with Costello still on cross examination, then re-direct after courtroom cleared yesterday. Inner City Press wrote Fixer book
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[Trump is here, blue suit, tie of yellow or gold. Some GOP Congressmember in row behind him; at least one Dem Congressmember in back of the overflow.]

All rise!
Clerk: This is the People of the State of New York against Donald J. Trump!
Justice Merchan: We have a witness on the stand. I did get the submissions about the charge, it's helpful. Let's get the witness, please.
[Costello re-takes the stand]

[Before jury comes in, Justice Merchan is asked if he'll poll them about their availability next Wednesday, the day after the closing arguments, to avoid more breaks. Says he will]
Prosecutor Hoffinger: People's 512Q - Mr. Costello, do you recognize this?
Yes

Prosecutor Hoffinger: In this email, Michael Cohen says to stop contacting him. And the header is about Accounts - were you sending him bills?
Costello: I think that was the billing department.
Prosecutor: Did Rudy Giuliani go to your wedding?
Costello: He did

Prosecutor Hoffinger: You wrote to Jeffrey Citron, Reason for Cohen to hire me, my connection to Giuliani. That's your email?
Costello: Correct... There are surrounding circumstances I'd be delighted to explain for you.
Prosecutor Hoffinger: That's alright

Prosecutor Hoffinger: Let me read another email ... We must reverse the Avenatti effect, -Bob. You wrote this?
Costello: Michael Cohen has been complaining, incessantly
Prosecutor Hoffinger: As you said yesterday, the email speaks for itself.
Costello: Sometimes

Prosecutor Hoffinger: You wrote that you'd been played?
Costello: I'd like to explain it.
Prosecutor Hoffinger: No. You felt you were being played because you hadn't been paid?
Costello: Now you do want me to explain.
Prosecutor Hoffinger: No, I don't.

Prosecutor Hoffinger: You thought Michael Cohen was also playing President Trump?
Costello: I don't think that's correct.
Prosecutor Hoffinger: People's 512H - your email to your partner Citron. You forwarded Mr. Cohen's text and said, He is slow playing us

Prosecutor Hoffinger: You wrote, he is playing with the most powerful man on the planet - this speaks for itself, doesn't it?
Costello: It does.
Prosecutor Hoffinger: On May 15 didn't you go to Congress about Michael Cohen?
Costello: I was requested to testify

Prosecutor Hoffinger: It was your attempt to intimidate Michael Cohen?
Costello: Intimidate Michael Cohen? Ridiculous.
Prosecutor Hoffinger: No further questions.
[Re-direct]
Trump's lawyer Emil Bove: When Cohen said you never represented him-
Costello: False

Trump's lawyer Bove: Let's look at this exhibit Ms. Hoffinger put in yesterday, email to your son. You quote Michael Cohen from April 2018, it will be an honor to have you on the team.
Costello: That's what he said.
Bove: And Cohen called you for 30 min?
Yes

Trump's lawyer Bove: What did you mean when you wrote about being played?
Costello: Jeff Cintron gave him the retainer agreement. Cohen put it in his briefcase, then always evaded our questions about it. He claimed he was paying MWE - he wasn't.

Trump's lawyer Bove: You wrote, Privileged and Confidential, Attorney Client - did Cohen tell you no, you're not my lawyer?
Costello: No.
Bove: Cohen couldn't be surprised you communicated with Rudy Giuliani?
Costello: Michael Cohen asked me to

Trump's lawyer Emil Bove: Who initiated communications -
Prosecutor: Objection! Beyond the scope.
[sidebar ensues; Costello looks away from the bench]
Justice Merchan: The objection is sustained.
Bove: GX 208. Page 2, you said whether you communicate is up to you

Trump's lawyer Bove: Every document we've looked at, you provided to these guys a year ago?
Costello: Yes.
Bove: You met May 3?
Prosecutor Hoffinger: Objection, beyond the scope
Justice Merchan: Sustained.
Bove: What was your purpose in subsequent meetings?

Prosecutor Hoffinger: Objection
Justice Merchan: Sustained.
Trump's lawyer Bove: The prosecution has known of your relationship with Michael Cohen since last year?
Prosecutor Hoffinger: Objection
Justice Merchan: Sustained.
Bove: No further questions.

Prosecutor Hoffinger: Did Michael Cohen ever sign the retainer?
Costello: No.
Prosecutor Hoffinger: No further questions.
Trump's lawyer Blanche: The Defense rests.
Justice Merchan: Jurors, you are now off until next Tuesday. You may begin deliberating Wednesday

Justice Merchan: On next Tuesday, we may have to go past 4:30. See you in a week.
[Jurors leave]
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OK - we're back (!) for charging conference.
Trump spoke in the hallway - highlights soon but 1st:
Justice Merchan: I want to thank you for the submissions I have received.
Prosecutor: In the four transmittals there were six joint submissions.

Trump's lawyer Emil Bove: The FECA predicate has to be a criminal FECA violation...
Prosecutor: We oppose including any heightened intent standard. The legislature chose the word "unlawful," no more.

Trump's lawyer Bove: The case the People cite is a civil case, not a criminal case.
Justice Merchan: Falsifying business records in the 1st degree requires another crime, how do you respond?
Prosecutor: Conspiracy is enough.
Bove: There has to be a criminal object

Justice Merchan: I'll reserve decision on that. But I will strike the defense's language about in 2016 a candidate could give as much as he or she wanted.
Trump's lawyer Bove: These are issues we would have gotten in with our proposed witness Smith.

[This time at defense table, Emil Bove is in lead counsel seat with Blanche next to him. Trump is between Blanche and Susan Nechless.]
Justice Merchan: It is proposed, "If the payment would have been made even in the absence of candidacy" it is not a contribution.

Justice Merchan: Let me strike the phrase legitimate press function.
Prosecutor: The FEC found that AMI acted outside that exemption.
Trump's lawyer Bove: AMI had a large transaction in escrow, so settled. And they did things for Karen McDougal

Prosecutor Steinglass: You have already instructed the jury about Mr. Cohen guilty plea. You can do it again. And we'd like to use participate, not was convicted of.
Justice Merchan: If the defense crosses the line summation, I can give an instruction.

Justice Merchan: While I appreciate the defense's argument, I again am going to follow the pattern instructions.
Trump's lawyer Bove: There is a problem with two-step accessorial liability: causing a causer to cause

Prosecutor: There's a case where jumper cable cause false business records at the power company....
Justine Merchan: In the submission I received today at 1:02 pm, it is proposed that presence while other commit crime does not in itself mean a crime

Prosecutor: The Trump Tower meeting show more than mere presence, it shows participation
Trump's lawyer Bove: We disagree. Campaigns have done this for decades

Trump's lawyer Bove: This is an important case. We have a motion pending. This case attempts to use statutes in ways for which there is no precedent. So we think the jury should made specific findings.
Justice Merchan: I'm not going to change the law.

Justice Merchan: Let's take a break.
[Note: the courtroom is not full for this riveting (?) charge conference
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They're back.
Justice Merchan: That's pretty much what I had. Anything else?
Trump's lawyer Bove: Yes, we suggest an instruction on bias against President Trump
Prosecutor: We don't think this is necessary. The voir dire satisfied this. Or, look at our Page 17-18

Justice Merchan: I will go along with the People's language.
Trump's lawyer Bove: The jurors should be told that hush money is not in itself illegal.
Justice Merchan: You can just argue that in closing.
Bove: Evidence not coming in for truth, we want to list them

Trump's lawyer Bove: For example, the RNC's reaction to the Access Hollywood tape
Prosecutor: No instruction. It's the impact on the defendant of John McCain withdrawing his endorsement. No instruction.
Justice Merchan: I'm in agreement with the People.

Trump's lawyer Bove: We'd like an involvement of counsel instruction, when President Trump's lawyer Michael Cohen told him that the lawyers of AMI said the Karen McDougal contract was bullet proof
Justice Merchan: The Court will not say that- and the defense won't

Justice Merchan: I find this argument disingenous - sit down
Trump's lawyer Bove: You called me disingenuous, I am trying to make an argument.
Justice Merchan: I have heard it for months. You will not make that argument to the jury.

Justice Merchan: So keep me informed by email. Closing arguments Tuesday. Adjourned.
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