Surprise Verdict guilty on all 34 counts
No verdict today. Jury sent home
Court has just begun. The jury has asked for page 7 through 35 of the jury instructions read to them. and Testimony from Pecker and Cohen. they will come back to the courtroom for that.
There's been some confusion about what jury is actually looking at and what they will need to find trump guilty.
The Big Picture is did Trump pay Michael Cohen $400K+ in 2017 for legal services or did he reimburse Michael Cohen for paying Stormy Daniels and another expense. These payments were spread out over 11 checks.
Trump is charged with falsifying business records in the first degree.
11 falsified invoices
12 falsified general ledger entries
11 checks
For a conviction, the jury will need find that these are false and they will need to find Trump caused them to be false.
If they find that Trump will be guilty of a misdemeanor. The jury needs to be unanimous on this
However, it becomes a felony if the records were falsified to cover up another crime. The DA is saying that other crime is a NY election law to promote or prevent the election of any person to a public office by unlawful means.
The jury needs to be unanimous this occurred.
The DA is proposing three different "unlawful means"
- violations of federal election campaign act
- falsification of other business records; or
- violation of tax law
The jury doesn't not need to be unanimous about which unlawful means occurred.
The is because in NY you need to prove the ELEMENTS of the crime. The jury needs to unanimous on the elements, of the crime, but they do not need to be unanimous on the MEANS of the crime. (The witness saw the murdered beating the victim in the head and then get in his car. Witness got the license plate. Beating is the ELEMENT. Beating with a rock vs a hammer is MEANS of the crime)
The story the prosecutors are saying is that David Pecker, Michael Cohen and Donald Trump met in Trump Tower in 2015 and conspired. Specifically they are saying they violated this law
Section 17-152 - Conspiracy to promote or prevent election. Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor. N.Y. Elec. Law § 17-152.
As part of these scheme Michael Cohen formed a company that executed an NDA with Stormy Daniels and paid her $130,000 in 2016. Later Trump reimbursed Michael Cohen this money plus extra money for tax purposes. This occurred over a series of 11 checks.
So today the jury has asked to hear David Pecker's and Michael Cohen's testimony. This is the beginning of the case. It's where the prosecution started.
Edit #3
Jury has been sent home.
The testimony they asked 4 will take a half hour to read. Judge said we are done for today.
Edit #2
UPDATE: We have a second note from the jury:
"We the jury request to rehear the judge's instructions."
Edit:
jury note
"We, the jury, request"
>David Pecker's testimony regarding his phone conversation with Trump
>Pecker's decision not to finalize and fund the assignment of McDougal's life rights
>Pecker's testimony regarding the Trump Tower meeting
>Michael Cohen's testimony regarding the Trump Tower meeting.
We could get a verdict today.
It's 34 counts they have to consider, but it's like 12 of the same thing, 11 of another thing and 11 of a third thing....so it seems, to me if you decide one, you decide the rest as well.
Prosecution summations end.
Justice Merchan: It's been a long day. It's pretty late so tomorrow we'll start at 10 a.m.
At that point they will decide if they stay further or finish tomorrow.
Trump's lawyers are up first.
They say they will need 2 to 2.5 hours. Prosecutors say 4 to 4.5.
It's possible they go to the jury tonight.
Two key points so far
BLANCHE:
President Trump is innocent..the district attorney did not meet their burden of proof. Period."
You cannot convict Trump on the words of Michael Cohen.
There were key conversations he claimed he had -- with Howard, Schiller, Weisselberg -- none of whom were witnesses in this trial.
Michael Cohen is the witness they called.
Trump's lawyers will begin closing arguments tomorrow morning.
NY Times said they will focus on why didn't the prosecutors call Allen Weisselberg as a witness. He was according the Michael Cohen the only other person other than Trump who was part of a discussion about reimbursment that let to the business records
But the prosecutors never got his testimony.
We'll should see shortly if this actually happens .
Chinese Spy convicted.
Alexander Yuk Ching Ma, 71, of Honolulu, a former Central Intelligence Agency (CIA) officer, pleaded guilty today to conspiring to gather and deliver national defense information to the People’s Republic of China (PRC).
The crazy part They have been after this guy for decades.
They even hired him as part of a plan to catch him
Ma applied for a job as a contract linguist in the FBI Honolulu Field Office. The FBI, aware of Ma’s ties to PRC intelligence, hired Ma, as part of an investigative plan, to work at an off-site location where his activities could be monitored and his contacts with the PRC investigated. Ma worked for the FBI from August 2004 until October 2012
https://www.justice.gov/opa/pr/former-cia-officer-pleads-guilty-conspiracy-commit-espionage-0
Seems like we have a new gag order request. Jack's Smith is asking Aileen Cannon to gag Trump.
The Government’s request is necessary because of several intentionally false and inflammatory statements recently made by Trump that distort the circumstances under which the Federal Bureau of Investigation planned and executed the search warrant at Mar-a-Lago.
Here's the paperwork. News is on Twitter and media sites
#1. When did the FBI search Mar a Lago Monday August 8th, 2022 at 9am. Source: Trump confirmed it about 7 PM that night https://x.com/joeygarrison/status/1556776282976813063
#2. Was Trump at Mar a Lago.
No. He learned about the raid from Eric Trump. Eric got a phone call about it from staff at Mar-a-Lago and then called his dad.
Source Eric Trump on Hannity. https://www.youtube.com/watch?v=LTo6_xrdwaY
#3. Where was Trump? New York.
He doesn't stay at Mar a Lago in the summer. The club is closed in August. It was 91 degrees the day of the raid.
He had just been at CPAC in Dallas on Aug 6 and returned to NY. He was seen outside Trump Tower the evening of August 7 He was to be deposed in the NY civil case that week, this was announced Aug 3 and later Trump revealed it in a Truth Social post
source https://truthsocial.com/@realDonaldTrump/posts/108796642170617062 https://x.com/danielchaitin7/status/1557221250526748673
#4. What was Trump doing when the FBI was at Mar a Lago?
He was watching it on the Trump Org security cameras.
Source: Trump's lawyer Christina Bobb. She was at Mar a Lago that day, but was not allowed in. She eventually signed the receipt of what the FBI took. She signed it at 6:19 PM
https://x.com/RealAmVoice/status/1557895937195999235
"The Folks in NY, President Trump and his family probably had a better view then I did.
#5. Did the Secret Service know the FBI was coming? It appears Yes they did, but they were only told the day of, a few hours before the FBI arrived.
Source NBC
Just hours before agents searched Trump's residence, the FBI notified the Secret Service about the bureau’s plans to execute the warrant, according to a Secret Service official. The Secret Service facilitated access to the property, the official said, but did not participate in any aspect of the search.
BBC via CBS https://www.bbc.com/news/world-us-canada-62472908
An unnamed law enforcement official told CBS News, the BBC's US partner, that the Secret Service was notified shortly before the warrant was served at about 10:00 local time (14:00 GMT) and that agents protecting Mr Trump helped the FBI investigators.
#6 Did the Secret Service ever release a statement?
I don't think so. The above were off the record comments. (but they were not retracted, which is crucial, They knew this was mentioned in the media.) IF they ever released a statement or if they are quoted in court documents, I couldn't find it.
According to Mulitple reports Secret Service Agents did testify before the grand jury. again the agency did not retract these reports.
A spokesperson for Secret Service said the agency has no comment.
https://www.cbsnews.com/news/secret-service-officials-to-testify-grand-jury-trump-documents-probe/
- Were FBI Agents "authorized" to use force?
YES. but*
- Was this authorization unusual?
Probably not. It certainly wasn't specific to the Mar a Lago search.
Here's the but*, the authorization is that standard for any FBI officer. You are only authorized in very unusual circumstances. When this was reported on Twitter ONLY was left out
Law enforcement officers of the Department of Justice may use deadly force **ONLY when necessary, that is, when the officer has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the officer or to another person. **
Source Page 11 of this PDF https://www.documentcloud.org/documents/24679626-us_dis_flsd_9_23cr80101_d142246036e19342_-2_exhibit_3_4
- Why do you say this was not specific to Mar a Lago?
One, it matches the language in the standard FBI manual https://www.justice.gov/jm/1-16000-department-justice-policy-use-force#1-16.200
Two, this language doesn't seem to apply Warning shots are not permitted outside of the prison context.
Three when you actually read the law enforcement operations order in full, not just the bits on twitter, it looks like a standard set of forms
There's four blank forms about subjects. Including identifying marks and tattoos. There's blank forms about prisoners. There's info specific to MAL like a map and pictures from security footage, but in general, it looks like a template, where you fill in what you need.
- What does the actual operations order tell us?
Tons. I just found it after writing most of this post.
Page 11 did they plan to coordinate with the US Secret Service? Yes.
Coordination with the following will be executed as described above: USSS and other LE Agencies deemed necessary MAL Security and Staff (execution occurs during off-season date range) SDFL and DOJ/CES will be on stand-by for questions at the FBI/WPBRA.
Page 12 what happens if Trump shows up?
- Should FPOTUS arrive at MAL, FBI MM EM and OSCs will be prepared to engage with FPOTUS and USSS Security Team.
On Page 23 there's another exihibit. Created on August 17 Search warrant executed at 10:33 am, but there's there got there at 9am. Took pictures outside. at 9:15 they called Person 18 who I'm pretty sure is Trump's lawyer Tim Parlatore NOPE. DIFFERENT LAWYER. It was Evan Corcoran who like the designated documents contact. 9:30 they heard back from him.
It mentions what the coordination between FBI and USSS was. Prior the FBI entering MAL, FBI leadership "informed and coordinated" with local USSS leadership.
Local USSS facilitated entry onto the premises, provided escort and access to various locations within and posted USSS personnel at the locations where the FBI searched
from Twitter
THE DEFENSE RESTS.
Trump will not testify.
Robert Costello was back on the stand this morning.
Costello said he felt he was representing Cohen as his lawyer. The prosecution tried to say he was actually representing Trump's interests.
They got him to admit that Cohen never signed a legal retainer and that at one point Cohen said him an email to "cease" contacting him. Cohen was under FBI investigation at the time and would eventually go to jail. Costello was shown several of his emails mentioning Giuliani and things like "friends in high places."
He sent this email shortly before Cohen hired another lawyer.
Email from Costello to his partner on June 22, 2018, subject line "Michael Cohen."
"Cohen has to know this yet he continues to slow play us and the President-is he totally nuts???
[...] What should I say to this asshole? He is playing with the most powerful man on the planet."
Trump's lawyer
Q: Did you ever pressure Michael Cohen to do anything? A: I did not.
Q: Did you ever have control over Michael Cohen?
Costello says he did not.
Bove notes that Costello's "friends in high places" email begins "Attorney Client Communication Privileged."
Costello confirms that he believed that was true, and Cohen didn't dispute the characterization in a follow-up email, before cutting ties with him.
Costello said Cohen was slow playing him by not signing the retainer agreement.
Lots of sustained objections during this testimony.
https://twitter.com/innercitypress/status/1792635363019612212?t=GGc_vQATxVhr4yzJ4sBfjg&s=19
Trump's lawyer called his own paralegal
Trump's lawyer Blanche: The defense calls Daniel Sitko. Where do you work? Sitko: Blanche Law. Blanche: You work for me? Sitko. Yes. I was asked to create a summary chart of phone calls
The Trump trial is hurtling to a close. Michael Cohen is set to finish today. Trump's team set they will finish with Cohen today. Then the prosecution will ask more question on redirect, but he is their last witness.
Trump's legal team said last week they are deciding if Trump testifies and may not put up any other witnesses.
But this morning said with the holiday weekend coming up, they will not get to summations until after the holiday
Justice Merchan: Looks like evidence will end this week, with summations next Tuesday.
Prosecution wrapping up shortly. Cohen should be the last witness and he should be done Monday.
Do you think Trump testifies.?
Other predictions?
https://apnews.com/article/bridge-barge-galveston-texas-6c112f0032ab88fbdd0c78d1957247c8
Called small oil spill.
Trump's lawyer Todd Blanche finished strong today.
Right before the lunch break he showed Cohen text messages to Keith Schiller who was Trump's bodyguard and worked in Security. The texts were at the same time as phone call where Cohen said Schiller handed his phone to Trump, but the texts were about a completely different subject
Trump's lawyer Blanche: You lied about this. You said you didn't remember the harassing phone calls - now you claim that in the one minute and 36 seconds call you spoke about the harasser and Stormy Daniels
Cohen: Could have been Blanche: Not what you said Tuesday Starts about here.
https://twitter.com/innercitypress/status/1791144520530141540?t=AEbSKZrvGi4SwIvx2NdYzg&s=19
Trump's lawyer Blanche: You lied about this. You said you didn't remember the harassing phone calls - now you claim that in the one minute and 36 seconds call you spoke about the harasser and Stormy Daniels Cohen: Could have been Blanche: Not what you said Tuesday
Micha Cohen is on the stand again, second day of cross examination.
I'm following along the court reporters I don't understand what Trump's lawyer is doing.
Trump's lawyer Todd Blanche asked Michael Cohen about a bunch of text messages, before they were entered into evidence. Then asked to add them into evidence, but was denied because most of the text were redacted, so Cohen or the jury couldn't see the full context of the conversation.
https://twitter.com/innercitypress/status/1791106493959291053?t=oOApA0lJMGM_-iK4QeK4Ug&s=19
Then then started to attack Cohen about his lies under oath. When they asked about his lies to Congress, this allowed Cohen to said he lied about Trump's Moscow project and he did it when he was part of a joint defense agreement with Trump
https://twitter.com/Terridaustin/status/1791112519748030490?t=hk19DE_oew4q-IVD3giAaA&s=19
I don't understand this
EDIT. Folks are saying he is doing better as we go along. See comments.
Michael Cohen's direct testimony will end soon, probably this afternoon and Trump's lawyers will get a chance to cross examine Michael Cohen.
Yesterday, Michael Cohen testified that Trump approved reimbursing Michael Cohen for paying money to Stormy Daniels.
Trump's lawyer said in opening arguments The $35,000 a month was not a payback to Mr. Cohen for the money that he gave to Ms. Daniels."
Essentially what Cohen and the Prosecution claim is that this invoice Michael Cohen sent were false and both Donald Trump and Allen Weisselberg knew they were all false. Here's an image of the emailed invoice.
https://pbs.twimg.com/media/GNi0gTsXIAEohAL?format=png&name=medium
The checks paid to Michael Cohen and ledger entries were also false.
Trump is going to have to.
A. discredit Cohen B. (probably) put up a witness to rebut Cohen's and other testimony like David Pecker and other Trump employees.
I don't think going after Cohen will be enough. The question is who could that witness be. They are not calling Allen Weisselberg. That seems to leave Trump, but that is always a risky strategy.
A very thorough court report can be followed here. https://twitter.com/innercitypress
Putin taps civilian economist to run defense, replacing Shoigu in surprise move
Putin proposed Andrei Belousov, a 65-year-old former deputy prime minister who specialises in economics, to replace his long-term ally, Sergei Shoigu, 68, as defence minister.
Should be fireworks.
The NY Times got a hold of a deposition from RFK jr's divorce.
He said he was having cognitive and memory issues due to a medical reason,
BUT YOU MAY NOT want to know the reason. I know it would freak my wife out.
I just told her to avoid the story.
Said to be the second wirness
Does anyone think Trump will take the stand in the NYC trial?