Laffy
#TrumpTrial 🧵starts HERE. #legal #Trump 1/…
👀Via Katie Phang:
Interestingly: Eric Trump has accompanied his father to court today. Perhaps Trump’s legal team heard all of the chatter about the appearance to the jury with no family members being present?…
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13/ Press:
Note: the written order says that the nine posts at issue are to be taken down by 2:15 pm today
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14/ Anna Bower:
“Let’s get the witness please.”
We pick up with the testimony of Gary Farro, the banking executive who worked with Michael Cohen on setting up the accounts at issue in this trial.
Farro now retakes the stand, still looking more like a bouncer than a banker. He's a burly guy.
Laffy
15/ Here’s the contempt order:
https://www.nycourts.gov/LegacyPDFS/press/PDFs/D.O.motion4contempt-FINAL.pdf
Klasfeld:
In his written order holding Trump in contempt, a Manhattan judge warns the former president that higher fines or "an incarceratory punishment" could follow for further violations.
The prosecutor returns to the "Know Your Customer" form that Michael Cohen had to supply to open an account.
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10/ #BREAKING
The judge walks in. All the lawyers introduce themselves.
The lead defense lawyer Todd Blanche said he's here for "President Trump."
Justice Merchan says, "Good morning, Mr. Trump."
👉🏼👉🏼The judge rules swiftly on the contempt motions.
Trump is fined $9,000 for repeatedly posting about witnesses and jurors.
The judge declined to fine him on a single instance brought up by the DA's office. But he clearly violated the rule on the other 9.
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11/ Inner City Press (Press):
Justice Merchan: We finished jury selection quickly, so I think Mr. Trump can attend the graduation on May 17. June 3, not if the jury is deliberating... I will now rule on contempt. On the ten incidents, the people have met their burden on all but incident 1
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12/ Klasfeld adds:
Trump must pay $1,000 per violation, 👉🏼and he faces a hearing later this week on the last four.
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6/ Klasfeld:
The National Enquirer's secrets spilled out in Week One of Trump's trial.
We learned:
* Top AMI exec and Enquirer editor feared prosecution
* An insider thought the tabloid handed Trump victory
* "Hush money" was just one facet
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7/ Klasfeld:
A few quick words on this:
Critics of Bragg's case have long ques whether alleged 2016 election-related conspiracy was a crime.
1st week of trial revealed Trump's accused co-conspirators feared criminal prosecution, as it happened.
As it became clear Trump would win, then-Enquirer editor in chief Dylan Howard sent a close relative a message saying the soon-to-be POTUS-elect may pardon him for "electoral fraud."
(Since Howard wasn't in court, jury couldn't see the message.)
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8/ Klasfeld:
David Pecker pulled out of deal to assign rights to Karen McDougal's story to Michael Cohen's shell company *after* a conversation with his counsel.
What did Pecker's lawyer say?
That's privileged, and we don't know; but Pecker got cold feet right after, he revealed.
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9/ And before Trump went into the court room… via Ron Filipkowski:
After doing ZERO campaign events during the last SIX off days during the trial while holed up at his country clubs playing golf, Trump whines that the case prevents him from campaigning.
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3/ NOTE: I have to leave at noon PT today for an appt.
I also have to break to get ready for the day (I’m in Calif, 3 hours behind), so there will be gaps in my coverage.
Sorry.
And REMINDER: I cannot reply while live posting. Use Not For Laffy (NFL) please, if you comment and it’s not intended for me. Thanks.
Laffy
4/ Someone watched Lawrence O’Donnell last night and decided to show up.
Bower:
While we wait for things to get started at 9:30 ET, some color from The Line:
A group of Trump supporters chant “USA” in front of the Manhattan criminal courthouse.
It’s a small group—maybe a few dozen people.
Laffy
5/ Pagliery:
Ah, yes. "The papers." A lawyer just walked into the courtroom with a thin stack of printouts in her hand. She walks up to Trump's table and hands them to the former president.
They appear to show his own recent Truth Social posts—the ones that might screw up his day.
Laffy
2/ Via Pagliery:
Trump has walked into the courtroom, flanked by quite a crowd: his son Eric, half a dozen lawyers, Trump Org general counsel Alan Garten, and Secret Service agents.
Trump is in a dark blue suit, white shirt, red tie. He's got a tiny American flag pinned to his jacket lapel.
He turned around and is talking to his son, asking for "the papers." Eric turned and asked the people around him for the same thing.
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52/ Back to Klasfeld:
Three days later, Howard asked: "Did [Trump] cheat on Melania?"
On June 12, Davidson replied: "I really can't say yet. Sorry." But Davidson testified that he knew; he just couldn't disclose it yet.
👉🏼ADDED via Emptywheel, lol:
Nice that Trump brought family for today's testimony.
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50/ Press:
Prosecutor: Let's look at your text messages with Dylan Howard. Expand them. What did this mean?
Davidson: That he would get more for this story than anyone. David Pecker published Trump Magazine AMI had implied they had endorsed Mr. Trump's candidacy
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51/ Phang:
The retainer agreement with McDougal stated: “Client is hiring Attorney to represent Client in the matter of Client’s claims against Donald Trump and or assisting client in negotiating a confidentiality agreement and/or life rights related to interactions with Donald Trump and/or negotiating assignment of exclusive press opportunities regarding same.”
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48/ Press:
Prosecutor: Look at your retainer. What does this mean?
Davidson: There were exclusive arrangements with media outlets, in exchange for money.
Prosecutor: Did you inform Ms. McDougal that you could negotiate for her?
Davidson: I won't discuss our communications
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49/ Klasfeld:
On June 7, 2016, Davidson texted Dylan Howard: "I have a blockbuster trump story."
Davidson, testifying, called it a "teaser."
Howard replied: "Talk 1st thing. I will get you more than ANYONE for it. You know why..."
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47/ Bower (backing up a little here):
Do you know somebody named Karen McDougal? Joshua Steinglass asks on behalf of the prosecution.
She was a client of mine, Davidson replies. He began representing her in 2016 regarding her personal interactions with Donald Trump.
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45/ Phang:
The prosecution, through Davidson, moves into evidence 15 emails, texts, and attachments with Michael Cohen in 2016.
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46/ Klasfeld:
Davidson, pushing back at a question that he perceived edged close to privileged conversations:
"I can't and won't discuss what I discussed with Ms. McDougal. I think the paragraph speaks for itself."
Laffy
42/ Pagliery:
Spoke to Howard "several times a week." But he had "very little" interaction with Howard's boss, David Pecker. "Maybe 3 or 4 times."
Davidson seems at ease as he gets questioned by prosecutor Joshua Steinglass.
Davidson talks about how he eventually started talking to Michael Cohen on encrypted apps.
He alludes to the eventual deal Stormy-Trump deal he negotiated:
Keith Davidson ---- Michael Cohen
Stormy Daniels Donald Trump
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43/ Phang:
Davidson knew Dylan Howard for about 10 yrs as “professional acquaintances and friends."
On occasion his clients would end up in tabloids and the tabloids would call him for comment.
Prosecutor: “Did you ever at your client’s request negotiate the sale of certain stories?” Davidson: “Rarely.”
Davidson rarely interacted with David Pecker. He says maybe 3-4 times in his life.
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44/ Phang:
Davidson: “In approximately 2011, there was an article that was published in a blog that involved my client and Donald Trump. And I had the occasion to have a conversation with Michael Cohen related to that blog posting.”
The client? It was Stephanie Clifford, also known as Stormy Daniels.
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39/ Phang, sorry from earlier:
IMO, Trump's team gambled & lost if they thought prosec wasn't going to be able to get these folks here from places like Indiana (C-Span gentleman) and Texas (the Esquire gentleman) to get these pieces of evidence admitted into the record.
Never underestimate the power of the prosecution...and a subpoena.
&, obviously, Trump doesn't want prosec to be able to get these exhibits into evidence b/c once they're in, the jury can read, listen, and look at the evidence.
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40/ Anna Bower (all caught up now, but I omitted some dry testimony):
Davidson would call Howard on occasion if any of his clients ended up in the tabloids. Davidson says he “rarely” negotiated for the sale of client stories to the tabloids. Davidson and Howard spoke “often” and he’s still in touch with him “somewhat.”
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41/ Bower:
As for Davidson's relationship with Michael Cohen? Davidson first met Cohen in 2011, when a blog published an article about one of his clients and Donald Trump.
As a result, Davidson met Cohen. The client in question, Davidson says, was Stephanie Clifford (AKA Stormy Daniels).
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36/ Phang:
Now, the prosecution calls Keith Davidson, who was Karen McDougal’s attorney, as well as Stormy Daniels’ attorney.
Davidson owns a law firm: Davidson and Associates, which focuses on civil litigation like personal injury cases and media cases.
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37/ Phang:
(sorry... from a few mins ago: )
The prosecution is playing excerpts from Trump's videotaped deposition (like Robbie Kaplan, who is E. Jean's lawyer, asking questions of Trump), and reading portions of his deposition testimony aloud to the jury.
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38/ Phang:
Davidson testifies that between 2015-2017, he regularly worked on Non-Disclosure Agreements (NDAs) and that on occasion, the subjects of those NDAs were the subjects of tabloid coverage.
*Davidson was given immunity through his grand jury testimony but he clarifies that he did not ask for it.
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33/ Phang:
Prosecutors are playing for the jury different videos of Trump's rallies wherein he claims that the allegations against him by various women are lies and "fabrications."
Prosecutors also play a clip wherein Trump says: "Michael Cohen is a very talented lawyer."
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34/ I'm back. A few catch-up posts from Phang, but I'm behind so this will suffice:
Katie's Sidebar:
There are an unusual number of Records Custodians being called by the prosecution this morning. Why? Well, it's reasonable to assume that Trump's defense team refused to stipulate to the admissibility of certain items of evidence, like the C-Span videos or Trump's deposition transcript from the Carroll case.
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35/ Phang:
Normally, for evidence like this, both sides stipulate to the admissibility to avoid having to waste the jury's time having to call Records Custodians, who will 99% of the time be able to authenticate these records to get them admitted into evidence.
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31/ Dipping in. Via Griffin;
Prosecutors and Trump's defense team are reviewing texts from ex-National Enquirer editor-in-chief Dylan Howard and whether they should redact one saying "there is shady shit going on."
It was from Oct. 19, 2016 — in the midst of negotiations over the Stormy Daniels deal. Daniels' publicist Gina Rodriguez, believing there were delays with Daniels' payment, texted Howard, "There is some shady shit going on."
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32/ Via Phang:
Trial Scheduling Announcement: There will be NO trial on May 24, which is the Friday before Memorial Day.
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28/ Klasfeld:
Up now for cross-ex: Trump's lead attorney Todd Blanche.
Blanche emphasizes that the witness is testifying pursuant to a subpoena, but he has been cooperative—and has no reason not to be cooperative.
Farro agrees.
Asked if the witness is paying for his own lawyers, Farro replies that he isn't.
His employer banks have paid his legal bills.
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29/ Klasfeld:
Blanche's questions shift the focus to Michael Cohen.
Q: Indeed, if he had said, this is a deal I'm doing with my employer, you may have asked questions.
A: I *would* have asked questions.
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30/ THAT DOES IT FOR ME FOR AWHILE.
BE BACK ASAP.
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25/ Bower:
On Oct. 26, 2016, the emails show, First Republic transferred $131,000 from Cohen’s HELOC account to the Essential Consultants LLC account. The next day, Cohen filled out a wire authorization form to transfer $130,000 to an account held by Stormy Daniels’ lawyer, Keith Davidson.
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26/ Bower:
The wire transfer form prompted Cohen to indicate the purpose of the transfer. Cohen wrote “retainer” in response to that question--as if the funds were being paid to retain an attorney for services, not to pay an adult film star for a media story.
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27/ Klasfeld:
Farro testifies: "All wires have to approved by the bank."
If they knew the wire would benefit a political candidate, Farro says, it could have delayed the transactions.
Farro said there also would have been "enhanced due diligence" had the bank known that the money was going to an adult film star.
That could have delayed, or even blocked, the transfer, he adds.
Direct examination concludes.
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22/ Klasfeld:
Farro authenticates this request for a home equity line of credit in the names of Michael Cohen and his wife.
Next exhibit:
In an email assigned a "High" importance, the bank's staffer requests expedited processing on a $131,000 advance.
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23/ Emptywheel (re Klasfeld’s posts):
Not sure if journos present could answer this: But prosecutors OFTEN introduce such records via stipulation.
But by having a banker present all these records, you accord credibility to Michael Cohen when he tells the same story.
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24/ Press;
Prosecutor: And on this document, who is Laura Cohen?
Farro: Michael Cohen's spouse.
Prosecutor: How many people had to approve this?
Farro: Two.
Prosecutor: What's this?
Farro: A wire authorization form, from Essential Consultants
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19/ Press:
Prosecutor: Why did it take hours to open the account?
Farro: Michael Cohen is not our only customer. There are other things that take precedence.
Prosecutor: Did Mr. Cohen said it would be used to make a contribution on behalf of a political candidate?
Farro: No
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20/ Klasfeld:
Asked what would have happened if the bank knew the money would go to an adult film actress, Farro reiterates that First Republic Bank does not work "with that industry."
Cohen may not have been able to open an account.
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21/ Klasfeld:
Farro explains what a home equity line of credit (HELOC) is — the kind that Michael Cohen used to obtain the money to funnel to Stormy Daniels' lawyer.
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18/ Phang:
Recall:
Under NY law and procedure, the moving party (in this case the prosecution) must meet their burden to have someone held in contempt.
And the punishment is a fine of $1000 or jail up to 30 days or a combo of both.
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16/ Bower:
Rebecca Mangold, for the prosecution, starts by displaying paperwork Cohen filled out to open a First Republic bank account for Essentials LLC--a business that Cohen indicated was for real estate consulting purposes.
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17/ Phang:
👉🏼Katie’s Sidebar: Judge Merchan exercised his discretion in only fining Trump.
I suspect that when (not if) Trump violates again, Merchan will be more inclined to put Trump into custody, escalating the punishment.
It’s giving Trump enough rope to hang himself.
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