OK - #TrumpTrial jury instructions from Judge Merchan (one hour) then deliberations. Inner City Press Fixer/Cohen audio/book
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All rise!
Clerk: This is the People of the State of New York against Donald J. Trump!
Justice Merchan: You were both shown the verdict sheet
Prosecutor: We noted an omission on page 40, for the 34th count it should say the check number.
Justice Merchan: OK
Justice Merchan: Get the jury please.
[Jury entering]
Justice Merchan: Jurors, I will now instruct you on the law. You will not receive copies. I can read them back to you. If you have come to believe that I have an opinion of this case, put it out of your mind
Justice Merchan: In your deliberations you may not speculate about matters related to sentencing. If there is a verdict of guilty, it will be my responsibility to impose sentence. Testimony which was stricken for the record must be disregarded by you.
Justice Merchan: If you wake up and it is not raining but the street is wet, you may draw the inference that it rained overnight... On redactions, you may not draw any conclusion about why it is redacted, or what is redacted
Justice Merchan: Here are some of the limiting instructions I gave you: that AMI entered a conciliation agreement and a non-prosecution agreement; you may not consider that as evidence that the defendant committed a crime.
Justice Merchan: Some exhibits were admitted with a limiting instruction. If you have any questions, just send me a note... Whatever your verdict may be, it may not rest on speculation or bias. You must decide if witnesses testified truthfully or not
Justice Merchan: You may ask, Did the witness have a conscious bias? You may consider if a witness had or did not have a motive to lie. You are not required to reject the testimony of an interested witness.
Justice Merchan: Under our law, Michael Cohen is an accomplice. A defendant may not be convicted on the testimony of an accomplice unless it is corroborated by other evidence.... The offense is falsifying business records in the first degree, 34 counts
Justice Merchan: Under our law, a person is guilty of this when with intent to defraud, with the intent to commit another crime, that person causes the entry of a false business record. Intent means conscious objective or purpose.
Justice Merchan: The first of the People's theories of unlawful means is Federal elections law, including as to the office of the President of the US. Under FECA, a corporation may not make a contribution to candidate or an expenditure in concert with a candidate
Justice Merchan: If the payment would have been made absent the candidacy, it should not be treated as a contribution. There is an exemption for legitimate press functions. The second of the People's theories of unlawful means is to falsify other business records
Justice Merchan: You may consider for example the 1099 issued to Michael Cohen, and his other paperwork. The third theory is violation of tax law, even if it does not result in any underpayment of taxes. We start with the invoice of Michael Cohen in February 2017
Justice Merchan: There are 33 other counts - the only difference is that each count concerns a different business record, possibly a different date... the 34th count pertains to December 5, 2017. Section 17-152 of NY Election law concerns promoting or preventing
Justice Merchan: If you find the People have proven the elements beyond a reasonable doubt, you must find the defendant guilty... Motive is the reason why the person chooses to engage in criminal conduct. Motive is not an element of the crimes charged
Justice Merchan: Your verdict must be unanimous. You must deliberate - discuss, consult, listen, reason together when considering the evidence. You should not hesitate to change your vote if you are convinced. Some took notes - they are only for you
Justice Merchan: If you want testimony read back, ask me. Stricken testimony will not be read back. Under our law, the first juror selected is the foreperson, who transmits notes to the Court. When there is a verdict, the jurors will come back here
Justice Merchan: I will give you a verdict sheet. While you are deliberating, you will be kept together in the jury room. Lunch will be provided. Give your cell phone to the court officers while you are deliberating. The plan is to work today to 4:30 pm
Justice Merchan: That concludes my instructions. Counsel, please approach.
[sidebar]
Justice Merchan: Just don't put your name on the notes, just the number. Wait I have one more question for counsel
[another sidebar]
Justice Merchan: Juror, there's a laptop with the evidence on it. Jurors 4 and 6, you will be shown how to operate it. Step out, with the 6 alternates stepping to the side.
Justice Merchan (to alternates) Every one of you was very engaged. Alternate 3 you went through 3 notebooks, I think. We are not releasing you yet, you may be needed. Hand in your cellphones. Follow the court officers
Justice Merchan: Let's bring Jurors 4 and 6, who volunteered for the laptop, in to show them how to operate it. Mr. Blanche, has your client consented to sending the laptop back?
Trump's lawyer Blanche: Yes.
Jury note alert, on the move...
Justice Merchan: Good afternoon, we received a note.
Justice Merchan: It's signed by the foreperson [by number] at 2:56... The request is for David Pecker's testimony about phone conversation with the defendant, about the decision not to finalize on Karen McDougal's life rights [Pecker: amazon.com/dp/B0D2V212N2
Justice Merchan: Also Mr. Pecker's testimony about the Trump Tower meeting, and Michael Cohen's testimony about that meeting. [Cohen / Fixer book: amazon.com/dp/B0D2M7LGQ5
Justice Merchan: We have a note from 3:51 pm, they say they want the instruction re-read to them. I suggest we bring them out, tell them we're working on the testimony and ask for clarification about the instruction request. Does the laptop have wifi?
Justice Merchan: When we let the jurors go tonight, let's get our hands on the laptop and disable the wi-fi. How many pages are we looking at for the read-backs? Thirty?
[Trump at defendant table is speaking with both Blanche and Bove. Nechless alone at the end
Jury entering!
Justice Merchan: The first note requests David Pecker's testimony on the phone conversation with Donald Trump in NJ meeting & on not to fund McDougal's life right
Pecker's about the Trump Tower meeting
Michael Cohen's about the Trump Tower meeting
Justice Merchan: To tell me how much of my instructions you want read back, you could go back into the jury room and send out a note, you would not have to be brought back in before you leave for the night. Don't talk to anyone about the case, or post about it
Justice Merchan: Tomorrow you could decide to work late, but not beyond 6 pm. Good night.
[Jurors leave]
Justice Merchan: On the first note, do not leave the courtroom until you have agreed on the read-back. Thank you.
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OK - now at Goldman Sachs v. Leissner et al - including Kimora Lee Simmons Leissner - she has two lawyers at the front table. Inner City Press covered the EDNY Jho Low / Leissner case (book
and will live tweet, thread belowamazon.com/gp/product/B09…
All rise!
Sullivan & Cromwell for Goldman Sachs: This was a grossly inadequate discovery production, about their claimed investment in Celsius through her Bank of America account
Judge: They only gave you material from the public docket?
S&C: Nothing of substance
S&C for Goldman: They supposedly sold $12 million of these shares. But we have no info. We subpoenaed Bank of America but they say counsel to Ms. Lee tells them no, it's private.
[Kimora Lee's two lawyers are whispering]
S&C: We litigated this before Judge Rochon
OK - now in trial for murder in Brazil of gallerist Brent Sikkema, defense closing argument then US rebuttal, deliberations. Inner City Press has covered the case since arrest of Daniel Sikkema and will live tweet, thread below matthewrussellleeicp.substack.com/p/art-world-hi…
Defense: Brent descended into drug use - that is why Danny wanted to get a divorce. Jane Pearl said yesterday, it was drugs and Lucas' wellfare. In Grindr, Danny had produced an ad there- DX 701
AUSA Grosbard: Objection!
Judge Ramos: Overruled.
Defense: Danny put an ad on Grindr saying, No drugs. That was his priority... Lucas continued to connect to Brent, he told Jane he wanted to enforce that obligation. He didnt' want Brent dead. He wanted Brent to get help with his drug problem. They had a fight
OK - now at presser by U.S. Attorney Jay Clayton, NYPD Commissioner Jessica S. Tisch and Assistant Director in Charge of the FBI New York Field Office James Barnacle "to brief the media on recent cases" - Inner City Press will live tweet, thread below
1:03 pm
Commish Tisch: I want to thank Jay Clayton... The extremist who moves to real-world danger, those cases demand more than one office. The World Cup and 250th Anniversary of our country is coming. We partner, as we'll discuss
Commish Tisch: NYPD does the work on the ground, SDNY prosecutes on Federal charges. We have acting on guns from South Carolina. I began my career building out the NYPD's counter-terrorism work. Just last week, the defendant brought in from Iraq...
OK - now in trial for murder in Brazil of gallerist Brent Sikkema, Daniel's divorce lawyer on the stand. Inner City Press has covered the case since arrest of Daniel Sikkema and will live tweet, thread below matthewrussellleeicp.substack.com/p/art-world-hi…
Daniel's lawyer: Did you ask Brent Sikkema for funds for Daniel to buy a car to try to drive Uber?
Daniel's divorce lawyer: Yes. The TLC said it would be all electric cars going forward... Daniel told me that Brent had told him not to work but be available to him
Daniel's criminal lawyer: Did Brent ever make a settlement offer?
Daniel's divorce lawyer: Yes, one million dollars. Daniel was deeply hurt - that amount mirrored what Brent had given to a former boyfriend. We filled for in rem spousal support in November 2023
OK - now in trial for murder in Brazil of gallerist Brent Sikkema, testimony about Daniel's demand in divorce case. Inner City Press has covered the case since arrest of Daniel Sikkema and will live tweet, thread below matthewrussellleeicp.substack.com/p/art-world-hi…
Brent's ex-lawyer: Daniel wrote he wanted the Fire Island house one week per summer with Lucas and alimony or Jane would keep suing.
Daniel's lawyer: You did not represent Brent until a year after Daniel filed for divorce?
Brent's ex-lawyer: Right.
Daniel's lawyer: Did he leave off his form his second home in Rio?
Brent's ex-lawyer: I didn't know when I filled the net worth statement.
Daniel's lawyer: So if he had it, he didn't tell you about it, correct?
Brent's ex-lawyer: Correct
OK - now presentment of MOHAMMAD BAQER SAAD DAWOOD AL-SAADI, subject of 29 page complaint complete with a quote about Mexico [!] and many photos with Soleimani, below. Inner City Press will live tweet, thread below
1:02 pm
Federal Defender Andrew Dalack going in and out of the holding cell. Al-Saadi may have to fill out the CJA financial affidavit to get appointed counsel.
1:15 pm
All rise!
Deputy: This is US v. Al-Saadi.
Defense: Andrew Dalack for Mr. Al-Saadi.
Judge: I am Judge Sarah Netburn [Chief Magistrate Judge]. Date and time of arrest?
AUSA: He arrived in SDNY last night at 11 pm