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May 28, 2024 129 tweets 23 min read Read on X
OK - now #TrumpTrial closing arguments after 6 days hiatus w/o sequestration. Inner City Press wrote the book The Fixer Stormy, Pecker
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Trump is here, blue suit, red tie. Chatting with his lawyer Emil Bove as Todd Blanche sips from a water bottle. Drum roll...
All rise!
Clerk: This is the People of the State of New York versus Donald J. Trump!
Justice Merchan: You got the court's proposed charges on Thursday. I didn't hear from either one of you. How long with arguments be?
Trump's lawyer Blanche: Two, two and a half
Prosecutor: We'll have to be somewhat responsive. So... four to four and a half hours.
Justice Merchan: We'll see if we can get it all in today, if the jurors can stay late. If they can, we'll stay too. I remind, stay away from the law in your closings
Jury entering!
Justice Merchan: You will now here the summations, defense first.
Trump's lawyer Todd Blanche (gestures to show jurors slides) - I hope everyone had a nice long weekend. We all thank you for your service. You all decide the facts
Trump's Blanche: President Trump is innocent. He did not commit any crimes. The DA has not met his burden of proof. As I told you five weeks ago on April 22, you should want and expect more than the testimony of Michael Cohen
Trump's Blanche: You should expect more than Keith Davidson, who was trying to extort President Trump. This case is about documents. It's a paper case. It's not about an encounter with Stormy Daniels 18 years ago that President Trump denies
Trump's Blanche: This is about whether President Trump, while living in the White House in DC as leader of the free world was responsible for book ledgers in NY, which were accurate and also not intended to influence the election. Let's talk about the evidence
Trump's Blanche: The invoices were all submitted by Michael Cohen. You cannot convict President Trump on the word of Michael Cohen. He claims contacts with Schiller, Dylan Howard, Allen Weisselberg- none of them called as witnesses. Cohen told lies pure and simple
Trump's Blanche: You would have to find that the documents contain falsehoods, and that President Trump intended to defraud. Let's talk about Michael Cohen's invoices. The staff at Trump Tower only stamped them
Trump's Blanche: Deb Terasoff told you she went with that Michael Cohen put on the invoices. The information on the check was auto-generated driven by invoices. Some were emails, some were attachments. All were directed to Allen Weisselberg, not President Trump
Trump's Blanche: No fault of her own, Deb Terasoff couldn't remember whether she stapled these particular invoices. She never did anything at the direction of President Trump. Cohen wrote, For services rendered. And he was rendering services in 2017, no question
Trump's Blanche: Michael Cohen still was providing services. May 2017 he wrote, Call me to discuss the last open foundation matter. There was litigation from Summer Zervos. That's only 2 examples. Even if it was minimal, there was a retained agreement
Trump's lawyer Blanche: Michael Cohen took over a million dollars form Novartis for six calls. Anything wrong with that? Michael Cohen bragged about his role as President Trump's personal attorney to Sean Hannity. Mr. Cohen told you lies - a lie is a lie
Trump's lawyer Blanche: Mr. Weisselberg asked Cohen for the agreement. You know, the fact that there was a verbal retainer agreement is consistent with another lawyer you heard from: Keith Davidson. Also Mr. McConney, not a lawyer, he told you of verbal retainers
Trump's lawyer Blanche: What makes more sense, that President Trump was paying his personal lawyer $35,000 or that Michael Cohen would work for free, without telling anyone? In life, usually the simplest answer is the right one. Cohen lied.
Trump's lawyer Blanche: There is no information that President Trump knew anything about this voucher system. I don't know how the government is going to address that. With quotes from a book with ghost writers a decade earlier? That's a red flag.
Trump's lawyer Blanche: It was booked as a legal expense - as they did with anything submitted by a lawyer. There was no other way to categorize it. The government calls it a crime - that's absurd. It's not a crime. Mr. McConney said so.
Trump's lawyer Blanche: It's a drop-down menu, Legal Expense. The government claimed it was a cover up. That's not what the evidence showed. If there was a conspiracy, no reason to get approval from Don Jr and Eric. You did not hear from either of them
Trump's lawyer Blanche: After a few months, they moved Cohen as personal attorney from the Trust to President Trump himself. There are 11 checks. The first two were not signed by President Trump. Those checks have none of Mr. Cohen's lawyer, just "Retainer."
Trump's lawyer Blanche: Two witnesses told you, President Trump was very busy. He was running the country. Sometimes he looked at checks, sometimes not. Same with the Federal Express - the First Lady and Ivanka also got info that way, nothing sinister.
Trump's lawyer Blanche [Slide: Case Turns On Cohen] The government is asking you to convict President Trump on the word of Michael Cohen. For 5 weeks they asked you to believe Cohen. Cohen asked you believe he was going to work for free. Do you believe that?
Trump's lawyer Blanche: The Red Finch is absolutely a lie. The gross-it-up is a lie. Cohen told you he had no idea and that he didn't even care. The government is going to suggest some sort of tax scheme. But there's been no proof, not even testimony from Mr Cohen
Trump's lawyer Blanche: Cohen told you about his visit to the White House in February 2017, and claims that President Trump only spoke about the checks. But only 6 days later, Cohen emailed McConney, remind me the monthly amounts...
Trump's lawyer Blanche: For all those reasons, President Trump is not guilty... But I expect you'll never from Judge Merchan that a conscious intent to defraud would have to be shown. It can't be. The Trump Org reported this on a 1099. Nothing false or misleading
Trump's Blanche: McConney told you, no way to distinguish on the 1099 form. So, no intent to defraud. But even if you get to anything about intend to influence the election, the prosecution fails. They say that in 2017 he was influencing an election he already won
Trump's Blanche: Every campaign is a conspiracy to seek to win an election. You would have to find unlawful means. I expect they'll argue the Aug 2015 meeting with Mr. Pecker began a conspiracy. Supposedly Hope Hicks was there. You heard AMI would do what it could
Trump's Blanche: AMI had been doing that for President Trump since the 1990s. They purchased stories for Tiger Woods and Mark Wahlberg. Many politicians work with the media to promote their image. [Slide: "AMI Standard Operating Proceure"]. This is not a crime
Trump's Blanche: Mr. Pecker told you he did it for Arnold Schwarzenegger - no charges were brought. He did it for Rahm Emanuel in an Illinois election - no claims that laws were broken. That's why-
Prosecution: Objection!
Justice Merchan: Sustained
Trump's Blanche: Mr. Pecker suppressed a story for President Trump in 1988... 1988. It had been going on for years. It was good business for AMI. August 2015 was just a general discussion. [Slide: "No Election 'Influence'" and the Ted Cruz and other stories]
Trump's Blanche: At the August 2015 meeting they didn't discuss any catch and kill, or any financial arrangement. Anyway, there is nothing abnormal about catching and killing. Mr. Pecker told you he only published half of the stories he bought.
Trump's lawyer Blanche: Let's talk about Dino Sajudin, the doorman. The love child story was entirely false. Pecker said if true he would have published it. Doesn't sound like a catch and kill. He only talked with Mr. Cohen about it.
Trump's lawyer Blanche: So what kind of catch and kill conspiracy is that? Pecker was going to publish, if it had been true... Cohen admitted he had been following the trial. That's why he said again and again that he wanted "credit." McDougal? No Trump money laid
[paid]
Trump's lawyer Blanche: Ms. McDougal did not want her story to come out - so, not a catch and kill. A friend had forced her hand and publicized her allegations. The government has alleged a conspiracy to influence the election. But she didn't want it out
Trump's Blanche: Pecker told you he spoke with a lawyer-
Prosecutor: Objection!
Justice Merchan: Sustained.
Blanche: Mr. Pecker has an immunity agreement with the prosecutors. AMI's deal is probative of nothing-
Prosecutor: Objection!
Justice Merchan: Sustained.
Trump's Blanche: Mr. Pecker told you he was at an investor meeting in NJ with Chatham Asset Mgmt and that President Trump said, I don't buy stories. But Cohen claims President Trump said, No problem I will take care of it. That's a big difference
Trump's lawyer Blanche: Mr. Cohen is lying, including about a lunch. But Mr. Pecker never mentioned it. There are no receipts. But key meetings are remembered with clarity by Mr. Cohen from 2016. What about the recording of President Trump - a lawyer doing this
Trump's Blanche: Cohen said he recorded in order to play it for Mr. Pecker. But he never played it for Pecker. And although Rhona Graff was supposedly there, they didn't ask her any questions about it, including about why it was cut off
Trump's lawyer Blanche: On the recording, you here someone say "check" as the beginning of the sentence. It's clearly the beginning of a sentence we will never know. At the end it's Don or Dawn, it's not clear. It's not in the transcript
Trump's lawyer Blanche: Mr. Cohen claims he stopped his super important recording of his client to take a call from Capital One bank... The form said, NIOP: CFNA: VM - that is, it went to voicemail, "call forwarded no answer" he lied when he said he answered it
Trump's Blanche: Stormy Daniels? She denied the incident took place. But it was published in 2011. So how could this issue have influenced the election? What happened here, there were people who wanted to export money from President Trump, Ms. Rodriguez, Davidson
[extort]
Trump's lawyer Blanche: Michael Cohen paid on his own, because it was worried about his future. The only person who says President Trump knew is Michael Cohen. And you cannot, you cannot, believe the word of Michael Cohen.
Trump's lawyer Blanche: Dylan Howard conspired with Stormy Daniels and Gina Rodriguez to get money from President Trump. You never heard from Howard or Rodriguez. Davidson? You heard of his plot to extort Hulk Hogan. Davidson worked with a sex tape broker
Trump's lawyer Blanche: Davidson did this to others - Lindsay Lohan, Charlie Sheen. Here's the tape: after the election We lose all f*cking leverage, so settle this f*cking case now! What you have here-
Prosecutor: Objection!
Justice Merchan: Sustained.
Justice Merchan: Let's take a break
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[They're back]
Trump's lawyer Blanche: I have half an hour left.
Justice Merchan: The jurors say they can work late, we might have to take a snack break.
[Jury entering!]
Trump's lawyer Blanche: What happened with Stormy Daniels in 2016 consistent with the conspiracy the prosecutors tell you President Trump, Mr. Pecker and Cohen entered into in 2015. So let's look at it. Ms. Daniels repeatedly denied there was any sex with President Trump
Trump's lawyer Blanche: Stormy Daniels tells you she only denied it due to a threat she says was made to her i a parking lot in 2011. But they were lying about the threats. They were trying to get money in the Fall of 2016.
Trump's lawyer Blanche: What happened in 2018? Larry Flynt offered to pay her legal fees. Then she had a podcast and a book and a documentary. It has ended well for Ms. Daniels, financially speaking.
Trump's lawyer Blanche: There's nothing criminal about a non-disclosure agreement. After Access Hollywood came out, they seized an opportunity. October 8, 2016 Ms. Rodriguez reminded Mr. Howard about Ms. Daniels. Howard thought AMI, Mr. Pecker, would pay
Trump's lawyer Blanche: Pecker of AMI wouldn't pay. That's our conspiracy? The Access Hollywood 2005 tape was personal to President Trump. No one wants their family exposed into that type of story. Hope Hicks told you he was concerned about his wife
Trump's Blanche: Ms Westerhout told you President Trump didn't freak out about the Access Hollywood tape... Let's listen to Michael Cohen to Davidson [on tape, Cohen: What about me? I wasn't gonna play penny wise pound foolish] So Cohen didn't tell President Trump
Trump's lawyer Blanche: Mr. Cohen said, the amount is not really significant. He had multiple multi-million dollar apartments. Cohen lied to you that he didn't want a job in the Administration. Cohen told Davidson he was in the running for AG or chief of staff
Trump's lawyer Blanche: Michael Cohen had an axe to grind... Last week Mr. Costello told you when he first met with Mr. Cohen, Mr. Cohen told him that President Trump did not know of the payments when they were made in 2016. Cohen was under stress, talking suicide
Trump's lawyer Blanche: Mr. Cohen lied to you about Mr. Costello. So how many lies are too many? President never signed the agreement, nor side letter. It was Mr. Cohen who added President Trump's name to the side letter.
Trump's lawyer Blanche: What President Trump knew in 2016 you only know from 1 source: Cohen. Cohen claimed he spoke to President Trump on October 24 at 8:02 pm about the Daniels situation - IT. WAS . A. LIE! He called Schiller about the 14 year old caller
Trump's Blanche: That was perjury! The prosecution on redirect shows you an unremarkable photo, that Schiller with President Trump. Of course he was. But the prosecutors didn't do ANYTHING about Cohen's perjury-
Prosecutor: Objection!
Justice Merchan: Sustained!
Trump's lawyer Blanche: Mr. Cohen claimed he made a call on his landline. But the record are in evidence and-
Prosecutor: Objection!
[a whispered sidebar]
Blanche: There are no calls to President Trump on that day from Mr. Cohen's phones, any of them
Trump's lawyer Blanche: There are a lot of ways you can assess credibility. But we use an oath. And we've learned that Michael Cohen does not take that oath seriously. He's lied to his family, to his banker, to the FEC, to reporters, he's an MVP of liars
Trump's lawyer Blanche: He's also a thief. He admitted on the stand to stealing tens of thousands of dollars from the Trump Organization on the way out. And he'd never been prosecuted. Cohen has been obsessed with President Trump for two decades
Trump's lawyer Blanche: Play the audio
[Cohen thanks Alvin Bragg, "who I met countless times"]
Blanche: He never met him. He's made millions off President Trump. He's actively-
Prosecutor: Objection!
Justice Merchan: Sustained.
Trump's lawyer Blanche: I'm almost done. Here are 10 reasons for you to have reasonable doubt.
First, the invoices - Cohen created them. President Trump didn't know about them.
Second, the Valentine's Day 2017 voucher - no evidence President Trump saw the vouchers
Blanche: No intent to describe. A 1099 was filed.
Similarly, the intend to influence the 2106 election. The prosecutors will try FECA - but no evidence of any willful violation. Or tax laws? The evidence is only from Mr. Cohen, "gross it up."
Trump's lawyer Blanche: Sixth, AMI would have run Sajudin's story. No catch and kill. Seventh, McDonald, also no catch and kill. Eight, Stormy Daniels' story was already public. Ninth is the manipulation of evidence. We have caught them
Trump's lawyer Blanche: They showed Mrs. Trump's text, to call her husband - but then there was no call. They didn't show you the texts about the 14 year old caller, we did. And when was the phone synced? Mr. Cohen lied.
Trump's lawyer Blanche: Finally, Michael Cohen. He's the human embodiment of reasonable doubt. He lied; he is biased and motivated to tell you a story that is not true. They say, Tom Brady is the GOAT. Cohen is the GLOAT - Greatest Liar of All Time
Trump's lawyer Blanche: Cohen lied to each of you. Repeatedly. You cannot send someone to prison based-
Prosecutor: Objection!
Justice Merchan: Sustained!
Blanche: Thank you, jurors, you have been listening. This isn't a referendum on President Trump.
Trump's lawyer Blanche: If you focus on the evidence, this is a quick not guilty verdict.
Justice Merchan: We'll break to 2.
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But wait there's more:
Justice Merchan: Your comment about President Trump facing jail was outrageous. I will give a curative instruction. I will see you at 2.
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[They're back]
Justice Merchan: People, do you have a draft of the proposed [curative] instruction?
Prosecutor: Mr. Blanche was on notice this was inappropriate. We also want a curative instruction on retainer agreements. Mr. Blanche misstated the law in NY
Trump's lawyer Blanche: On the retainer agreement, we ask for time to put in a more substantive response tonight.
Judge Merchan: The instruction on sentencing I will give exactly as written. On the retainer, I'm not going to do it, it would call more attention
Jury entering!
Justice Merchan: During the defense summation you heard Mr. Blanche ask you not to send the defendan to prison. That was not permitted and you must not consider it. If the defendant is found guilty, sentencing will be my decision. People?
Prosecutor: We asked you in our opening to follow the facts. The bank records. We asked you to tune out the noise and ignore the sideshows. If you can, you'll see that the People have presented strong evidence. The defense seems to be questioning our integrity
Prosecutor Steinglass: The defense double counted Mr. Cohen's calls with Mr. Costello. But we don't have the records for Mr. Trump's phone lines in the White House. The absence of a call record does not prove that the call did not happen.
Prosecutor: The tape Mr. Blanche played, it wasn't about Stormy Daniels, it was about her ex boyfriend. Daniels first goal was to try to get the story on record, to protect herself and her family. Gina Rodriguez was reaching out to Dylan Howard.
Prosecutor: Extortion is not a defense to falsifying business records. If you have any doubts you can ask the judge. Mr. Blanche raised Pecker. Well, Mr. Pecker eliminates the notion this is politics as usual. Mr. Pecker has no reason to lie - but is devastating
Prosecutor: Other witnesses yes have been attacked by the defendant on social media, subject to the wrath of his most fiery supporters. Stormy Daniels was silent in 2017 until Cohen started saying the sex never happened. Some of her testimony was cringeworthy
Prosecutor: Fortunately Stormy Daniels did not offer details into the actual sexual act. If you credit her testimony, it shows motive. Her story is messy. That's the point. Stormy Daniels is the motive. That brings us to Michael Cohen. I told you he has baggage.
Prosecutor: We agreed that Cohen is an interested witness. But listen to His Honor. Michael Cohen is understandably angry. Pecker got a NPA, Howard's in Australia. Cohen was the defendant's consiglieri - then got dropped like a hot potato and called a sleazebag
Prosecutor: By the way Cohen didn't say [in this trial] that he spoke with District Attorney Bragg...The conversation with Davidson, 265, Cohen reveals that the defendant "hates the fact that we did it." He had no motive to lie. He was still getting monthly checks
Prosecutor: He say Cohen stole from the Trump Org, I'll call it the TO. Cohen laid out $20,000 but allowed Weisselberg to write $50,000. That was wrong. That's stealing. We admit it. But after doing three yeas, he says he paid the price. It's not a defense
Prosecutor: Cohen is making money, and even selling merchandise. Mr. Blanche put up a slide on that. It is not a crime and I suspect he will continue to do that. He can't own taxi medallions anymore. He gets online attacks from the defendant and his supporters
Prosecutor: Cohen feels like he was treated unfairly. He went to prison. Sure you should consider it. But does it cause you to outright shut your ears to all that he has to say. His lies to Congress had to do with Mueller. He got no benefit from it.
Prosecutor: The October 24 call, Cohen did not initially remember all the topics. Look at this photo: the defendant and Mr. Schiller were together. Let me do a dramatic reading... 49 seconds. Then Cohen texts the kids number to Keith Schiller
Prosecutor: Maybe Cohen got the day and time of the call wrong. You know you made a call, you see a record and you say, That's it. If Cohen wanted to come in here and lie he would have gone further.
Prosecutor: Cohen was the buffer, the guy on the ground who could bully. He was a way for the defendant to maintain plausible deniability - or here, implausible deniability. We didn't pick Cohen up at the witness story. Mr. Trump picked him
Prosecutor: This is a passage from "Think Big," the defendant wrote, I value loyalty over anything else. Cohen was drawn to the defendant like a moth to a flame. The defendant just used David Pecker - he corrupted those around him and made them lie
Prosecutor: Robert Costella, the purported backchannel, was in fact a double agent. Cohen came clear - he's been consistent for six years. To Congress in 2019 he apologized for lying. As we discussed in jury selection, it's whether Cohen has reliable information
Prosecutor: So here now our timeline. It starts in August 2015, rich and powerful men meeting to control. Hope Hicks says she might have in and out - understandable, you don't want to tell your media manager, especially a female
Objection!
Overruled.
Prosecutor: Pecker and AMI became covert arms of the defendant's campaign.... Purchasing stories was an illegal campaign contribution. Contracts are legal, but a contract to kill your wife is illegal. The American people have a right to know.
Prosecutor: This Trump Tower meeting with David Pecker may very well be the reason the defendant got elected in 2016. Sure, Mr. Pecker said he would publish the love child story, if true- but he was willing to wait until after the election. So it's catch and kill
Prosecutor: Now Catch and Kill Volume 2, the Karen McDougal saga. Davidson told Dylan Howard, who told Pecker, who told Cohen. Cohen says he was under strict order to keep the defendant informed. Then Pecker was in NJ and Trump called
Prosecutor: Pecker said that Mr. Trump told him that Karen was a "nice girl." They discussed competing offers for her story. The defendant said, These type of stories always get out - and it turn out he was right.
Prosecutor: As Davidson told you, he was shopping the story to ABC News, which offered a spot on Dancing with the Stars in exchange for going public. Sure, Karen preferred AMI over being the next Monica Lewinsky.. Trump is looming behind everything they are doing
Prosecutor: Davidson was reluctant to call Cohen, given their interaction in 2011. But he emailed Cohen, and said it was as a professional courtesy. Howard said, Cohen is hopeless. But "another one done." AMI paid McDougal $150,000.
Prosecutor: The defense tried to imply AMI admitted to campaign finance violations because they were trying to close a 2d deal-
Trump's lawyer Blanche: Objection!
Justice Merchan: Overruled.
Prosecutor Steinglass: C'mon. These were unlawful campaign contributions
Prosecutor: The defense tried to make much that Cohen took another call. News flash: people use their phones. How may times have you migrated on iTunes? There was a full restore to a new device. Cohen got his phone back
Prosecutor: The FBI had already downloaded from Cohen's phone, including his recording of the defendant
Trump's lawyer Blanche: Objection
Justice Merchan: Overruled.
Prosecutor: The meta-data proves it was not tampered with.
Justice Merchan: We'll take a break.
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[They're back]
Justice Merchan: How far along are you?
Prosecutor Steinglass: One third...
[There are looks of surprise]
Justice Merchan: We'll take our next break around 5:30, you tell you when you want it.
[Jury entering!]
Prosecutor Steinglass: Here is the Washington Post's email to the campaign about the Access Hollywood tape. Hope Hicks told you the consensus was this was a crisis. Could it be spun as locker room talk?
Prosecutor: This somewhat mealy-mouthed excuse, that it was locker room banter, didn't work. So the defendant did a video: "Bill Clinton has actually abused women,.. See you at the debate."
Prosecutor: He also portrayed Hilary Clinton as an enabler
Prosecutor: Here is the defendant in Greensboro in October 2016 [CSPAN video played].. And here, Rodriguez gets overzealous, saying that Stormy Daniels had sex multiple times with the defendant, which Ms. Daniels has never said. Howard is suddenly more interested
Prosecutor: There were only three weeks until the election. And they were talking about the story going to the Daily Mail. Melania Trump asked Cohen to call Trump. Cohen believes he did it from his landline - we don't have records for that
Prosecutor: The payment to Stormy Daniels was 11 days before the election. The defendant's concern was not his family, but his campaign.. OK, Hope Hicks mentioned not delivering newspapers to Melania. But he asked, How is it playing? On Nov 8 defendant was elected
Justice Merchan: Jurors, go into your break. We appreciate you.
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[They're back at 5:25 pm]
Prosecutor Steinglass: Enter the business records. Cohen asked Pecker to intervene on his behalf. Also Davidson, while he was shopping at some oddly decorated box store, if you remember. Cohen said Trump said not to worry.
Prosecutor: The defendant gave his orders to Michael Cohen and Allen Weisselberg, who gave orders to Jeff McConney, who gave orders to Deb Terasoff and the false business records were created.
Prosecutor: Here is the bank statement Weisselberg gave to McConney. And here are McConney's notes. They are acting in concert; the judge will give you instructions. I was going to explain all things but I didn't realize who clear Michael Cohen was with you
Prosecutor Steinglass: The 1099 is false - it was no non employee compensation, it was a reimbursement. It is a crime to file false tax documents even if you overpay... Cohen did 10 hours of legal work for Trump in 2017. Would Trump pay those fees?
Prosecutor: Now let's go over the invoices, vouchers and checks. On some of these, you can kind of see the staple markets. The defense is saying it was all cooked up by Weisselberg? That's crazy. Trump is signing his $80 Verizon bill and finds this, $35,000
Prosecutor: They got Ms. Westerhout to say he would just sign Presidential Proclamations without reading them. She also said that Trump would call Weisselberg about particular checks. Ms. Nechless desperately tried to walk that back
Prosecutor: The defendant could let his wife sign checks. He could have set up auto-pay. But Mr. Trump wanted to retain control. That's who he is. He admitted it in his books. Here's from Think Like a Billionaire.
Prosecutor: The defendant wrote, I try to sign as many checks as possible. Hope Hicks put the nail in Mr. Trump and then cried -
Trump's lawyer Blanche: Objection.
Justice Merchan: Overruled.
Prosecutor; The defendant cared about the election, not his family.
Prosecutor: Here Cohen bragged he was going to deny the FEC complaint with a patently false statement-
Trump's lawyer Blanche: Objection!
Justice Merchan: Overruled.
Prosecutor: New York is the business capital of the world. You have an obligation to keep records
Prosecutor: This is about lying in business records, just like hundreds of cases before
Trump's lawyer Blanche: Objection
Justice Merchan: Overruled. Please approach.
Court Officer: Quiet down please
Prosecutor: You guys good to go a bit longer? Alright!
Prosecutor: Here the defendant tweeted that he didn't think Michael would flip. Cohen met with Costello. But Cohen didn't trust Costello. And can you blame him? You saw him. And this email, he wrote We are following instruction from Rudy
Prosecutor: You are allowed to consist Costello's demeanor on the stand, the judge will tell you that. Look at this email: Costello writes to Cintron, This as*hole is playing with the most powerful man on the planet.
Prosecutor: Cohen plead guilty.
Trump's lawyer Blanche: Objection
Justice Merchan: Approach.
[sidebar]
Prosecutor: So this, "Would you have paid absent the election?"
Blanche: Objection!
Justice Merchan: Overruled.
Prosecutor; Cohen said, No
Prosecutor: This is from the defendant's Think Big, and revenge. On Truth Social, he called Stormy Daniels Horseface. Even Mona Graff says Daniels came to Trump Tower. Here in all caps: IF YOU GO AFTER ME I'M COMING AFETR YOU. It's the throngs of his followers
Trump's lawyer Blanche: Objection
Justice Merchan: Please approach
Prosecutor: I'm not saying it was Mr. Trump's intention to have his throngs get involved
Justice Merchan: We'll take a final break of the "day"
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[They've back]
Justice Merchan: The juror have told us they can go to 8 pm. Mr. Steinglass maybe a colleague can hand you a note then to wrap it up. Bring in the jury
Jury entering!
Steinglass: Here's the story about Ted Cruz' father and Lee Harvey Oswald
Prosecutor: Here's from Cohen's testimony: "I required approval from him on all of this." It's consistent with Trump's management style. And this call from Cohen to Trump on Schiller's phone. How do we know that? It was a media monsoon.
Prosecutor: Look at this time line entry: March 2018: Stormy Daniels Goes on Anderson Cooper. Defendant complained she broke the NDA. The false business records benefited only the defendant. Look at the evidence as a whole.
Prosecutor: We don't have to show the defendant actually created the false records. This is a no brainer. There is ample evidence of an intent to defraud. There has to be another crime. What crime? The answer is NYS election law. We are beating a dead horse here
Prosecutor Steinglass: They committed FECA violations
Trump's lawyer Blanche: Objection
Justice Merchan: Overruled.
Prosecutor: This was a campaign contribution, that's why it was made... The defendant already announced he was going to run for President again.
Prosecutor; You don't have to agree on which crime, the Judge will tell you. All roads lead to former President Donald Trump. You the jury can hold him accountable. Very soon it will be time to go deliberate and then come back in here and say Guilty, 34 times.
Justice Merchan: Tomorrow I'll give you my instructions, one hour, and you'll receive the case. We'll start at 10.
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Nov 17
OK - on habeas corpus beat @SDNYLIVE, now hearing in EJCC v. Joyce, Noem & RFK Jr: Bronx 11th grader from Ecuador was detained by ICE in October, Inner City Press is covering the ICE beat and will live tweet, thread below Image
Judge Seibel: Is EJCC in the custody of his uncle yet? He's applied as a foster parent?
AUSA: We have the vet the sponsor under the Trafficking Act
Judge: So we have to pretend he's still an unaccompanied minor- souldn't a court rectify that?
AUSA: Not how it works
Judge Seibel: But a state court has granted guardianship to the uncle. If there's a problem, God forbid, that's on the state court, no?
AUSA: I'm told that's not how it works. There are many UACs in ORR custody. There's an HSI interview required
Read 28 tweets
Nov 7
CRYPTO BROS TRIAL DAY 18: In Trial for Taking $25 Million from Ethereum Sandwich Bots, jury Day 3, note coming, after hypo - interim book here: AMZN paperback Code Is Law (?) after verdict; Inner City Press will live tweet, thread below play.google.com/store/books/de…Image
11:15 am, Jury foreperson said there is a note for the judge. So far, none of the lawyers (or brothers) back in courtroom. But Inner City Press is on it - thread continues below
11:23 am -
Now all the lawyers, the brothers and father are in the courtroom. Waiting for Judge Clarke.
Read 36 tweets
Nov 6
CRYPTO BROS TRIAL DAY 17: In Trial for Taking $25 Million from Ethereum Sandwich Bots, jury deliberations Day 2, after hypo - interim book here: AMZN paperback Code Is Law (?) after verdict; Inner City Press will live tweet, thread below play.google.com/store/books/de…Image
10:04 am
The lawyers have assembled - Team Peraire-Bueno summoned from the SDNY courthouse cafeteria by message from Judge Clarke's chambers - now waiting for the judge
All rise!
Judge: The jury wants transcripts of Doctor Falk and more. Then, they say they realize they can't get it in writing. They ask that something be read back to them, "very slowly so we can take notes."
Defense lawyer Trefz: Let's see what Falk they want
Read 14 tweets
Nov 5
CRYPTO BROS TRIAL DAY 16: In Trial for Taking $25 Million from Ethereum Sandwich Bots, jury deliberations begin - interim book here: AMZN paperback Code Is Law (?) after verdict; Inner City Press will live tweet, thread below play.google.com/store/books/de…Image
Judge Clarke: You will begin your deliberations. If you have questions, they should be sent to me in writing. I have prepared a verdict form for you to use. Your foreperson will fill it out, all jurors must sign the form.
Judge: You took an oath to render a verdict without bias. From this point on, you are not to have your cell phones with you. Let's swear in the Court Security Officer
[Done]
Read 16 tweets
Nov 4
CRYPTO BROS TRIAL DAY 15: In Trial for Taking $25 Million from Ethereum Sandwich Bots, today closing arguments all day - interim book here: AMZN paperback Code Is Law (?) after verdict; Inner City Press will live tweet, thread below play.google.com/store/books/de…Image
Judge Clarke: Jurors, the defendants did not testify in this case. You may not consider this against them in your deliberations... It is sufficient if the prosecution proves that one or more material misrepresentations was made as part of a scheme to defraud
Judge Clarke: The Government must prove that the defendant joined the conspiracy knowing of its unlawful purpose
[Lengthy and largely boilerplate jury instruction continues- Inner City Press will be live tweeting Sam Bankman-Fried's appeal:
Read 44 tweets
Nov 3
CRYPTO BROS TRIAL DAY 14: In Trial for Taking $25 Million from Ethereum Sandwich Bots, now defense case with summary witness on cross - interim book AMZN paperback Code Is Law (?) after trial; Inner City Press will live tweet, thread below play.google.com/store/books/de…Image
AUSA: Let's continue with the defendants' message with other people
Defense summary witness: What exhibit numbers?
AUSA: DX 1206, 1058 - the defense team picked them to be helpful, fair to say?
Defense summary witness: Fair to say.
AUSA: Did you see any messages between the defendants and Israeli law enforcement?
Defense: Objection!
AUSA: I'm just asking if he might have. Do you remember seeing any communications where the defendants say they are afraid of being robbed or kidnapped?
A: No
Read 20 tweets

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