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Tag: michael cohen

  • Judge alters Trump’s gag order, letting him talk about witnesses, jury after hush money conviction

    Judge alters Trump’s gag order, letting him talk about witnesses, jury after hush money conviction

    NEW YORK – A Manhattan judge on Tuesday modified Donald Trump’s gag order, freeing the former president to comment publicly about witnesses and jurors in the hush money criminal trial that led to his felony conviction, but keeping others connected to the case off limits until he is sentenced July 11.

    Judge Juan M. Merchan’s decision — just days before Trump’s debate Thursday with President Joe Biden — clears the presumptive Republican nominee to again go on the attack against his lawyer-turned-foe lawyer Michael Cohen, porn actor Stormy Daniels and other trial witnesses. Trump was convicted in New York on May 30 of falsifying records to cover up a potential sex scandal, making him the first ex-president convicted of a crime.

    In a five-page ruling, Merchan wrote that the gag order was meant to “protect the integrity of the judicial proceedings” and that protections for witnesses and jurors no longer applied now that the trial has ended and the jury has been discharged.

    Merchan said it had been his “strong preference” to continue barring Trump from commenting about jurors, whose names have not been made public, but that he couldn’t justify doing so. The judge did leave in place a separate order prohibiting Trump and his lawyers from disclosing the identities of individual jurors or their addresses. Trump lawyer Todd Blanche said after the verdict the defense team has destroyed that information.

    “There is ample evidence to justify continued concern for the jurors,” Merchan wrote.

    Merchan also left in place a ban on Trump commenting about court staffers, the prosecution team and their families until he is sentenced, writing that they must “continue to perform their lawful duties free from threats, intimidation, harassment, and harm.” Those restrictions do not prohibit Trump from commenting about the judge himself or District Attorney Alvin Bragg, whose office prosecuted the case.

    Trump’s lawyers had urged Merchan to lift the gag order completely, arguing there was nothing to warrant restricting Trump’s First Amendment rights after the trial’s conclusion. Trump has said the gag order prevented him from defending himself while Cohen and Daniels continued to pillory him.

    Though largely a win for Trump, his campaign spokesperson Steven Cheung criticized Tuesday’s ruling as “another unlawful decision by a highly conflicted judge, which is blatantly un-American as it gags President Trump, the leading candidate in the 2024 Presidential Election during the upcoming Presidential Debate on Thursday.”

    Cheung said Trump and his lawyers “will immediately challenge today’s unconstitutional order,” arguing that portions of the gag order still in effect prevent him from speaking about the judge, whom he alleges had a conflict of interest, or repeating his unfounded claims that Biden directed the prosecution.

    The Manhattan DA’s office had asked Merchan to keep the gag order’s ban on comments about the jury and trial staff in place at least until Trump is sentenced, but said last week they would be OK allowing Trump to comment about witnesses now that the trial is over.

    A message seeking comment was left with the Manhattan DA’s office.

    Cohen, who testified for four days against his ex-boss, reacted to the ruling via text message. He wrote: “For the past 6 years, Donald and acolytes have been making constant negative statements about me. Donald’s failed strategy of discrediting me so that he can avoid accountability didn’t work then and won’t work now.”

    Daniels’ lawyer Clark Brewster said they “have nothing but respect” for Merchan and defer to his post-verdict review of the gag order “in the context of free speech and any continuing danger to the judicial process.”

    “His decision to impose restrictions on Mr. Trump, as it related to reckless and unrelenting character attacks on court personnel, trial witnesses, and potentially jurors was extraordinary but clearly justified given the defendant’s uncontrollable daily rants,” Brewster said.

    Trump was convicted on 34 counts of falsifying business records arising from what prosecutors said was an attempt to cover up a hush money payment to Daniels just before the 2016 presidential election. She claims she had a sexual encounter with Trump a decade earlier, which he denies.

    The crime is punishable by up to four years behind bars, but prosecutors haven’t said if they would seek incarceration and it’s unclear if Merchan would impose such a sentence. Other options include a fine or probation.

    Following his conviction, Trump complained he was under a “nasty gag order,” while also testing its limits. In remarks a day after his conviction, Trump referred to Cohen as “a sleazebag,” though not by name.

    In a subsequent Newsmax interview, Trump took issue with jury and its makeup, complaining about Manhattan, “It’s a very, very liberal democrat area so I knew we were in deep trouble,” and claiming: “I never saw a glimmer of a smile from the jury. No, this was a venue that was very unfair. A tiny fraction of the people are Republicans.”

    Trump’s lawyers, who said they were under the impression the gag order would end with a verdict, wrote to Merchan on June 4 asking him to lift the order.

    Prosecutors wanted Merchan to keep the gag order’s ban on comments about jurors and trial staff “at least through the sentencing hearing and the resolution of any post-trial motions.” They argued the judge had “an obligation to protect the integrity of these proceedings and the fair administration of justice.”

    Merchan issued Trump’s gag order on March 26, a few weeks before the start of the trial, after prosecutors raised concerns about the presumptive Republican presidential nominee’s propensity to assail people involved in his cases.

    Merchan later expanded it to prohibit comments about his own family after Trump made social media posts attacking the judge’s daughter, a Democratic political consultant.

    During the trial, Merchan held Trump in contempt of court, fined him $10,000 for violating the gag order and threatened to put him in jail if he did it again.

    In seeking to lift the order, Trump lawyers Todd Blanche and Emil Bove argued that Trump was entitled to “unrestrained campaign advocacy” in light of Biden’s public comments about the verdict, and Cohen and Daniels ′ continued public criticism.

    __

    Associated Press reporter Jill Colvin contributed to this report.

    Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

    Michael R. Sisak, Associated Press

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  • Judge lifts parts of Trump gag order ahead of sentencing in New York criminal case

    Judge lifts parts of Trump gag order ahead of sentencing in New York criminal case

    (CNN) — The judge in Donald Trump’s hush money trial has lifted portions of the gag order restricting what the former president can say about witnesses in the trial, such as Michael Cohen and Stormy Daniels, two days before Trump will square off against President Joe Biden at the CNN Presidential Debate.

    Trump, however, cannot discuss any prosecutor, court staffer or their family members, according to a court order on Tuesday from Judge Juan Merchan that rolls back parts of the gag order imposed before the trial began. That aspect of the gag order remains in effect at least until his sentencing, which is set for July 11.

    The new order Tuesday also lifts the bar on public statements about jurors but notes disclosure of any personally identifying information of any juror is still prohibited.

    Lauren del Valle, Jeremy Herb and CNN

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  • Reaction in Georgia: TRUMP IS GUILTY ON ALL CHARGES

    Reaction in Georgia: TRUMP IS GUILTY ON ALL CHARGES

    The moments after Donald J. Trump became a convicted felon thirty-four times over, reaction from all sides poured in. The 34 counts fell into three categories: Eleven were related to invoices from Michael Cohen, his former fixer who paid Stormy Daniels. Eleven more were related to checks signed by Trump or using his funds to repay Mr. Cohen. Finally, twelve counts were related to accounting records made for the reimbursements in Mr. Trump’s books.

    Here is the indictment in its entirety below:

    The responses after the 45th President of the United States was found guilty were seemingly endless. Trump is of falsifying business records in the cover up of a sexual escapade with an adult film actress, and burying the story in the hopes of winning the 2016 Presidential Election were varied in scope and depth. 

    Itoro N. Umontuen

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  • Details from inside courtroom as jury read Trump verdict

    Details from inside courtroom as jury read Trump verdict

    Details from inside courtroom as jury read Trump verdict – CBS News


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    A jury found former President Donald Trump guilty on 34 criminal counts Thursday in his New York “hush money” trial. CBS News reporter Graham Kates describes what the courtroom was like when jurors read the verdict.

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  • Trump Verdict: Donald Trump Guilty in Hush Money Trial

    Trump Verdict: Donald Trump Guilty in Hush Money Trial

    After four weeks of witness testimony and two days of jury deliberation in the first criminal trial of a former US president, Donald Trump was found guilty on 34 counts of falsifying business records on Thursday. In convicting the presumptive Republican nominee for the November election, a Manhattan jury made the celebrity real estate developer a felon in the city where he first garnered his outsize reputation.

    Trump remained motionless as the jury foreman read out “guilty” to all the charges he faced in the case. Afterwards, with the cameras rolling in the hallway, he returned to the themes he had been discussing throughout the trial.

    “This was a rigged, disgraceful trial,” he said. “The real verdict is going to be November 5 by the people.”

    The case against Trump stemmed from the circumstances of his improbable run to the White House in 2016, hinging as it did on an image he had constructed over decades. With the election approaching that year, the emergence of the Access Hollywood tape threatened his viability as a candidate, already a bizarre proposition. He had long been known as a self-styled playboy, but his comments during the recording hurtled his campaign into damage control mode and etched the words “grab ’em by the pussy” into American electoral history.

    It was against this backdrop, prosecutors argued, that Trump scrambled to obscure a decade-old liaison with the porn star Stormy Daniels. His former fixer Michael Cohen arranged for her to receive $130,000 for her silence. Trump won the election. When the circumstances of the deal became public in 2018, Daniels and Cohen became national figures in their own right, resulting in a psychodrama-sex scandal with few parallels. The charges brought against Trump as a kind of capsule of the matter were comparatively low-key—allegations that he manipulated financial records to camouflage his reimbursement to Cohen—but they also reflected the contention that he had illegally conspired to win the 2016 election.

    When Daniels testified during the trial, jurors heard her describe meeting Trump at a celebrity golf tournament in 2006 before he invited her to his hotel suite that night. She said having sex with him made her uncomfortable—she regretted not saying no—but that she was nervous and fearful. He had been discussing a potential role for her on The Celebrity Apprentice. Over the course of four days, Cohen’s testimony traced through his disenchantment with his old boss, an ongoing feud that has made him into a minor celebrity and social media phenomenon.

    Those days of testimony, revolving around dramatic personalities and combustible relationships, attracted heavy doses of attention, and the lines to get into Manhattan Criminal Court stretched to their longest. For the most part, though, the environment outside the courthouse was muted. O.J. Simpson’s death, just days before jury selection was set to begin, prompted some mostly facile hypothesizing about potential comparisons to the era-defining spectacle of the football player’s 1995 murder trial. Most of what was being litigated over the past month had already been thoroughly digested by the national press.

    Still, the trial often offered a measure of Trump’s cultural hold as he prepares to seek the White House again. The witnesses were a survey of people who had been drawn to him for one reason or another: Daniels, Cohen, former National Enquirer publisher David Pecker, former White House communications director Hope Hicks. Stuck in his hometown for a few weeks, Trump took the opportunity to commune with blue-collar New York—visiting a construction site, a firehouse, and a bodega—and, onstage at a rally in the Bronx, was celebrated by a pair of drill rappers who are out on bail for gang charges. Some days during the proceedings, he was accompanied at the courthouse by former NYPD commissioner Bernie Kerik and former Hells Angels leader Chuck Zito; on others, by Republican politicians including J.D. Vance, Lauren Boebert, Matt Gaetz, Vivek Ramaswamy, and Mike Johnson.

    The general atmosphere of the proceedings, from beginning to end, could best be described as fully Trump. During jury selection in April, a Puerto Rican IT consultant who lives on the Lower East Side told the court that he found the former president “fascinating and mysterious.” He was not ultimately selected as a panelist. Later that week, he told USA Today that his name was Herson Cabreras and elaborated.

    “The guy walks in, and people go crazy,” he said. “That’s what I meant.”

    This is a developing story.

    Dan Adler

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  • Second day of jury deliberations in Trump

    Second day of jury deliberations in Trump

    Second day of jury deliberations in Trump “hush money” trial – CBS News


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    The jury in former President Donald Trump’s “hush money” trial is on its second day of deliberations. Jurors are reviewing testimony by Trump’s former attorney Michael Cohen and former National Enquirer publisher David Pecker. CBS News’ Robert Costa and criminal defense attorney Caroline Polisi have more.

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  • Trump trial live updates: Jurors zero in on testimony of key witnesses as deliberations resume

    Trump trial live updates: Jurors zero in on testimony of key witnesses as deliberations resume

    NEW YORK (WABC) — The testimony in Donald Trump’s New York hush money trial is all wrapped up after more than four weeks and nearly two dozen witnesses, meaning the case has headed into the pivotal final stretch of closing arguments, jury deliberations, and possibly a verdict.

    It’s impossible to say how long all of that will take, but in a landmark trial that’s already featured its fair share of memorable moments, this week could easily be the most important.

    How might Trump’s campaign be affected if he’s acquitted in his hush money trial?

    Here’s a brief look at what every witness said on the stand during Donald Trump’s hush money trial

    What are the potential outcomes of Trump’s hush money trial?

    Key players in the Trump trial

    More coverage from ABC News

    LIVE UPDATES FROM THE TRUMP TRIAL

    Information from Eyewitness News, ABC News and the Associated Press

    Thursday, May 30

    Jury wants readback on how to consider evidence

    Lauren Glassberg reports from outside the courthouse in Lower Manhattan.

    “We did receive another note” from the jury this morning, Judge Merchan said.

    According to Merchan, the jury wants the readback to begin with a description of how the jury should consider that evidence, and what should be drawn from the testimony.

    Second, the jury said they want headphones “for use with the evidence laptop.”

    Merchan says the jury will get both headphones and a speaker so they can listen to the evidence.

    Day 2 of jury deliberations

    The jury in Donald Trump’s hush money trial is to resume deliberations Thursday after asking to rehear potentially crucial testimony about the alleged hush money scheme at the heart of the history-making case.

    The 12-person jury deliberated for about 4 1/2 hours on Wednesday without reaching a verdict.

    Besides asking to rehear testimony from a tabloid publisher and Trump’s former lawyer and personal fixer, the jury also requested to revisit at least part of the judge’s hourlong instructions that were meant to guide them on the law.

    It’s unclear how long the deliberations will last. A guilty verdict would deliver a stunning legal reckoning for the presumptive Republican presidential nominee as he seeks to reclaim the White House while an acquittal would represent a major win for Trump and embolden him on the campaign trail. Since verdicts must be unanimous, it’s also possible the case ends in a mistrial if the jury can’t reach a consensus after days of deliberations.

    Josh Einiger reports on the former president’s trial from Lower Manhattan.

    Wednesday, May 29

    Trump rails about trial after leaving court for the day

    Donald Trump continued to complain about the hush money trial as he left court Wednesday after the first day of jury deliberations.

    “The judge ought to end it and save his reputation,” Trump told reporters after conferring with his campaign and legal teams.

    The former president also railed that “a lot of key witnesses were not called,” even though his side ultimately chose to call only two witnesses to testify.

    He said again it’s “very unfair” that he has to be in court instead of out campaigning” and again labeled the case “a Biden witch hunt” and “weaponization.”

    Judge says jury notes will be addressed tomorrow

    With the just back in the courtroom, Judge Merchan told them the requested readback of testimony would will take at least half an hour, so announced he would dismiss the jury for the day and address both their notes when they return tomorrow.

    Before dismissing the jury for the day, the judge emphasized his standard instruction about the jury not looking up information related to the trial.

    “You are at a critical point in the proceedings,” Merchan said.

    “See you tomorrow morning at 9:30,” the judge said before the jury exited the courtroom.

    Jurors want to rehear instructions

    Before the parties resolved the first note, the jury sent another note asking “to rehear the judge’s instructions.”

    Meanwhile, Trump remained essentially expressionless – almost with a frown on his face as the judge addresses the parties.

    The jury is expected to return to the courtroom shortly.

    Jury note requests portions of testimony

    The parties – including Donald Trump – returned to the courtroom after a bell inside the room went off about 15 minutes ago. Judge Merchan arrived shortly thereafter:

    “Good afternoon. We have received a note,” Merchan said.

    Jurors have requested four items from the court:

    -David Pecker’s testimony about the phone conversation with Donald Trump while at an investor meeting in New Jersey.

    -David Pecker’s testimony about the decision about the assignment of McDougal’s life rights

    -David Pecker’s testimony about Trump Tower Meeting

    -And Michael Cohen testimony about Trump Tower Meeting

    “I will be in the robing room, let me know when you are ready for readback,” Merchan says.

    Todd Blanche and Joshua Steinglass are now conferring about how to respond. The parties are presumably combing through transcripts to find the relevant portions.

    Stuck waiting at the courthouse, Trump rants on social media

    Donald Trump’s complaints on social media about the hush money case persisted Wednesday as the jury deliberated.

    “IT IS RIDICULOUS, UNCONSTITUTIONAL, AND UNAMERICAN that the highly Conflicted, Radical Left Judge is not requiring a unanimous decision on the fake charges against me brought by Soros backed D.A. Alvin Bragg,” he wrote. “A THIRD WORLD ELECTION INTERFERENCE HOAX!”

    Despite his declaration, any verdict in the case has to be unanimous: guilty or not guilty.

    If the jurors disagree, they keep deliberating. If they get to a point where they are hopelessly deadlocked, then the judge can declare a mistrial.

    If they convict, they must agree that Trump created a false entry in his company’s records or caused someone else to do so, and that he did so with the intent of committing or concealing another crime – in this case, violating a state election law.

    What the jurors do not have to agree on, however, is which way that election law was violated.

    The jury has been sent to deliberate. What exactly does that mean?

    Jury deliberations proceed in secret, in a room reserved specifically for jurors and through an intentionally opaque process.

    Jurors can communicate with the court through notes that ask the judge, for instance, for legal guidance or to have particular excerpts of testimony read back to them. But without knowing what jurors are saying to each other, it’s hard to read too much into the meaning of any note.

    It’s anyone’s guess how long the jury in Donald Trump’s hush money case will deliberate for and there’s no time limit either. The jury must evaluate 34 counts of falsifying business records and that could take some time. A verdict might not come by the end of the week.

    To reach a verdict on any given count, either guilty or not guilty, all 12 jurors must agree with the decision for the judge to accept it.

    Things will get trickier if the jury can’t reach a consensus after several days of deliberations. Though defense lawyers might seek an immediate mistrial, Judge Juan M. Merchan is likely to call the jurors in and instruct them to keep trying for a verdict and to be willing to reconsider their positions without abandoning their conscience or judgment just to go along with others.

    If, after that instruction, the jury still can’t reach a verdict, the judge would have the option to deem the panel hopelessly deadlocked and declare a mistrial.

    Trump: ‘Mother Teresa could not beat these charges’

    Former President Donald Trump told reporters after jurors began deliberating in his criminal hush money trial that the charges were rigged and again accused the judge of being conflicted. He further said that “Mother Teresa could not beat these charges.”

    “What is happening here is weaponization at a level that nobody’s seen before ever and it shouldn’t be allowed to happen,” Trump said.

    Trump repeated accusations that the criminal charges were brought by President Joe Biden’s administration to hit him, as the president’s main election opponent.

    Jury begins deliberating in historic case

    “That concludes my instructions on the law. Counsel please approach,” Judge Merchan said when he was done instructing the jury.

    He held a sidebar with the attorneys, after which the jurors filed out of the courtroom to begin deliberations.

    Lauren Glassberg is in Lower Manhattan as jury deliberations get underway.

    Judge to jurors: Personal bias must be put aside

    The judge in Donald Trump’s criminal trial reminded jurors Wednesday morning of their solemn responsibility to decide Trump’s guilt or innocence, gently and methodically reading through standard jury instructions that have a special resonance in the former president’s high-profile case.

    “As a juror, you are asked to make a very important decision about another member of the community,” Judge Juan M. Merchan said, underscoring that – in the eyes of the law – the jurors and Trump are peers.

    Merchan also reminded jurors of their vow, during jury selection, “to set aside any personal bias you may have in favor of or against” Trump and decide the case “fairly based on the evidence of the law.”

    Echoing standard jury instructions, Merchan noted that even though the defense presented evidence, the burden of proof remains on the prosecutor and that Trump is “not required to prove that he is not guilty.”

    “In fact,” noted Merchan, “the defendant is not required to prove or disprove anything.”

    Reading of jury instructions underway

    The jury in Donald Trump’s hush money trial has entered the courtroom and taken their seats. Ahead of deliberations, Judge Juan M. Merchan has begun instructing the panel on the law that governs the case and what they can consider as they work toward a verdict.

    Jurors will not receive copies of the instructions, but they can request to hear them again as many times as they wish, Merchan said.

    “It is not my responsibility to judge the evidence here. It is yours,” he told them.

    Trump leaned back in his chair and closed his eyes as Merchan told jurors that reading the instructions would take about an hour.

    Another famous face at the courthouse

    Donald Trump will not be the only big name appearing before a judge in lower Manhattan on Wednesday – fallen movie mogul Harvey Weinstein is expected to appear for a hearing related to the retrial of his landmark #MeToo-era rape case.

    The hearing will take place in the same courthouse where Trump is currently on trial and where Weinstein was originally convicted in 2020.

    Weinstein’s conviction was overturned in April after the court found that the trial judge unfairly allowed testimony against Weinstein based on allegations that weren’t part of the case. His retrial is slated for sometime after Labor Day.

    Weinstein is set to appear for a hearing before a judge in the same courthouse as Donald Trump.

    A motion that still hasn’t been decided

    The judge in Donald Trump’s hush money trial might have one last piece of business to address on Wednesday before jurors receive instructions and can begin deliberations.

    Last Monday, defense lawyers filed a motion asking the judge to dismiss the case, arguing that prosecutors had failed to prove their case and there was no evidence of falsified business records or an intent to defraud.

    Prosecutors rebutted that assertion, saying “the trial evidence overwhelmingly supports each element” of the alleged offenses, and the case should proceed to the jury.

    Judge Juan M. Merchan did not indicate at the time when he would issue a decision on the request. More than a week later, it remains unclear whether he will address it before the case goes to the jury.

    Jury set to begin deliberations

    Jurors in Donald Trump’s hush money trial are expected to begin deliberations Wednesday after receiving instructions from the judge on the law and the factors they may consider as they strive to reach a verdict in the first criminal case against a former American president.

    The deliberations follow a marathon day of closing arguments in which a Manhattan prosecutor accused Trump of trying to “hoodwink” voters in the 2016 presidential election by participating in a hush money scheme meant to stifle embarrassing stories he feared would torpedo his campaign.

    “This case, at its core, is about a conspiracy and a cover-up,” prosecutor Joshua Steinglass told jurors during summations that stretched from early afternoon into the evening.

    Trump’s lawyer, by contrast, branded the star prosecution witness as the “greatest liar of all time” as he proclaimed his client innocent of all charges and pressed the panel for an across-the-board acquittal.

    The lawyers’ dueling accounts, wildly divergent in their assessments of witness credibility, Trump’s culpability and the strength of evidence, offered both sides one final chance to score points with the jury as it prepares to embark upon the momentous and historically unprecedented task of deciding whether to convict the presumptive Republican presidential nominee ahead of the November election.

    Lindsay Tuchman has the latest in Lower Manhattan on the trial.

    Tuesday, May 28

    Closing arguments conclude; jury deliberations to begin Wednesday

    Donald Trump choreographed “a conspiracy and a coverup” in a brazen attempt to “pull the wool” over voters’ eyes ahead the 2016 presidential election, prosecutor Joshua Steinglass said during a lengthy closing argument that stretched into Tuesday evening.

    “The name of the game was concealment, and all roads lead inescapably to the man who benefitted most: the defendant, former President Donald J. Trump,” Steinglass said.

    With his final pitch to jurors, Steinglass attempted to both rehabilitate the credibility of the government’s key witness, Michael Cohen, and downplay his role in the case, characterizing the onetime fixer as nothing more than a “tour guide” through a “mountain of evidence.”

    In the end, Steinglass argued, jurors need not rely on Cohen alone, because “it’s difficult to conceive of a case with more corroboration.”

    Judge Juan Merchan will instruct jurors on Wednesday morning. After that, deliberations will begin.

    Prosecution dubs ‘Access Hollywood’ tape a ‘Category 5 Hurricane’

    Following a brief afternoon break in closing arguments in Donald Trump’s hush money trial, prosecutor Joshua Steinglass turned his attention to the publication of the infamous “Access Hollywood” tape in October 2016 and the resulting fallout for the then-candidate’s campaign.

    “When you’re a celebrity, they let you do it. You can get away with anything,” Trump could be heard saying on the tape.

    Steinglass reminded jurors how Hope Hicks, then the campaign’s communications director, testified that news coverage of the tape knocked a Category 4 hurricane out of the headlines.

    Steinglass dubbed the tape a “Category 5” hurricane.

    Trump was ‘looming behind everything they’re doing,’ prosecutor says

    Prosecutor Joshua Steinglass said on Tuesday during closing arguments that joking texts between Karen McDougal’s lawyer Keith Davidson and then-National Enquirer editor Dylan Howard about hypothetical ambassadorships were clear evidence that they knew the deal would benefit Trump’s presidential campaign.

    “Throw in an ambassadorship for me. I’m thinking Isle of Mann,” Davidson wrote on July 28, 2016, referring to the British territory Isle of Man.

    “I’m going to Make Australia Great Again,” replied Howard, who hails from Australia.

    All joking aside, Steinglass said: “It’s a palpable recognition of what they’re doing. They’re helping Trump get elected.” The prosecutor said the text messages underscore that “Trump is looming behind everything that they’re doing.”

    Prosecutor says case is about Trump and not Michael Cohen

    After Donald Trump’s lawyer had insisted to jurors that the hush money case rested on Michael Cohen and that they couldn’t trust him, prosecutor Joshua Steinglass sought to persuade the group that there is “a mountain of evidence, of corroborating testimony, that tends to connect the defendant to this crime.”

    He pointed to testimony from David Pecker and others, to the recorded conversation in which Trump and Cohen appear to discuss the Karen McDougal deal, and to Trump’s own tweets.

    “It’s not about whether you like Michael Cohen. It’s not about whether you want to go into business with Michael Cohen. It’s whether he has useful, reliable information to give you about what went down in this case, and the truth is that he was in the best position to know,” Steinglass said.

    The prosecutor then accused the defense of wanting to make the case all about Cohen.

    “It isn’t. That’s a deflection,” he said. “This case is not about Michael Cohen. It’s about Donald Trump.”

    Trump campaign holds its own news conference

    Donald Trump’s campaign staffers held their own news conference outside the courthouse Tuesday morning in the exact same spot where actor Robert De Niro and Jan. 6 officers had just spoken on behalf of Joe Biden’s campaign.

    Jason Miller, Trump’s senior campaign advisor, called De Niro “a washed-up actor,” and said the news conference showed that the hush money trial was political.

    “After months of saying politics had nothing to do with this trial, they showed up and made a campaign event out of a lower Manhattan trial day for President Trump,” Miller said.

    Karoline Leavitt, the campaign press secretary, called the Biden campaign “desperate and failing” and “pathetic” and said their event outside the trial was “a full-blown concession that this trial is a witch hunt that comes from the top.”

    Actor Robert de Niro and Jan. 6 first responders speak near Trump’s trial

    Biden campaign deploys actor Robert De Niro, Jan. 6 first responders near Trump’s trial

    Joe Biden’s campaign sent actor Robert De Niro and two law enforcement officers who defended the U.S. Capitol on Jan. 6 to an area in lower Manhattan not far from the criminal court where Donald Trump’s hush money trial is happening.

    Speaking while the former president was stuck in court, De Niro said Trump wants to “destroy not only the city but the country and eventually he could destroy the world.”

    As he spoke, Trump protesters screamed anti-Biden chants.

    Actor Robert De Niro exchanged words with Trump supporters outside the court.

    Defense says Trump watches his finances carefully

    After arguing earlier Tuesday that Donald Trump may not have been fully aware of all his invoices, defense lawyer Todd Blanche stressed to jurors that the former president was a stickler about watching his finances.

    Michael Cohen received $420,000 in all from Trump in 2017, a sum that the ex-lawyer and prosecutors in the former president’s hush money case have said included the $130,000 reimbursement related to Stormy Daniels, a $50,000 repayment for an unrelated expense and a $60,000 bonus. On top of that, prosecutors have said, there was extra money to cover taxes that would be due on the $130,000 as income – taxes that wouldn’t apply if it had simply been paid as a business expense reimbursement.

    “That is absurd,” Blanche told jurors, pointing to “all the other evidence you heard about how carefully President Trump watches his finances.”

    Biden and Trump campaigns hold dueling news conferences outside courthouse

    Joe Biden’s campaign announced on Tuesday that it would hold an event with “special guests” as closing arguments in Donald Trump’s hush money trial are underway.

    Trump spokesman Jason Miller said the former president’s allies will respond with their own event immediately following Biden’s.

    He posted on the social platform X that Biden’s allies “aren’t in PA, MI, WI, NV, AZ or GA – they’re outside the Biden Trial against President Trump,” adding: “It’s always been about politics.”

    Blanche takes aim at Cohen’s testimony

    Insisting that prosecutors haven’t proven their case, defense lawyer Todd Blanche told jurors during closing arguments Tuesday morning that they “should want and expect more” than key prosecution witness Michael Cohen’s testimony, or that of a Trump Organization employee accounts payable staffer talking about how she processed invoices, or the testimony given by Stormy Daniels’ former lawyer Keith Davidson.

    Blanche argued that Davidson “was really just trying to extort money from President Trump” in the lead-up to the 2016 election.

    “The consequences of the lack of proof that you all heard over the past five weeks is simple: is a not guilty verdict, period,” Blanche said.

    Blanche further laid into Cohen and his testimony, telling jurors he’ll come up repeatedly throughout the defense’s summation.

    “You’re going to hear me talk a lot about Michael Cohen, and for good reason. You can not convict President Trump, you can not convict President Trump of any crime beyond a reasonable doubt on the word of Michael Cohen,” Blanche said. Cohen “told you a number of things that were lies, pure and simple,” the lawyer added.

    Closing arguments in Trump trial

    Closing arguments in Donald Trump’s historic hush money trial began Tuesday morning in a Manhattan courtroom, giving prosecutors and defense attorneys one final opportunity to convince the jury of their respective cases before deliberations begin.

    Jurors will undertake the unprecedented task of deciding whether to convict the former U.S. president of felony criminal charges stemming from hush money payments tied to an alleged scheme to buy and bury stories that might wreck Trump’s 2016 presidential campaign.

    At the heart of the charges are reimbursements paid to Michael Cohen for a $130,000 hush money payment that was given to porn actor Stormy Daniels in exchange for not going public with her claim about a 2006 sexual encounter with Trump.

    Prosecutors say the payments to Cohen, Trump’s then-lawyer, were falsely logged as “legal expenses” to hide the true nature of the transactions.

    Monday, May 27

    Closing arguments expected Tuesday

    After 22 witnesses, including a porn actor, tabloid publisher and White House insiders, testimony is over at Donald Trump’s criminal trial in New York.

    Prosecutors called 20 witnesses. The defense called just two. Trump decided not to testify on his own behalf.

    The trial now shifts to closing arguments, scheduled for Tuesday.

    After that, it will be up to 12 jurors to decide whether prosecutors have proved beyond a reasonable doubt that Trump falsified his company’s business records as part of a broader effort to keep stories about marital infidelity from becoming public during his 2016 presidential campaign. He has pleaded not guilty and denies any wrongdoing.

    A conviction could come down to how the jurors interpret the testimony and which witnesses they find credible. The jury must be unanimous. The records involved include 11 checks sent to Trump’s former lawyer, Michael Cohen, as well as invoices and company ledger entries related to those payments.

    One last thing before the jury deliberates

    A critical moment will take place, perhaps Wednesday morning, before the jury begins its deliberations.

    Judge Juan M. Merchan is expected to spend about an hour instructing the jury on the law governing the case, providing a roadmap for what it can and cannot take into account as it evaluates the Republican former president’s guilt or innocence.

    In an indication of just how important those instructions are, prosecutors and defense lawyers had a spirited debate last week outside the jury’s presence as they sought to persuade Merchan about the instructions he should give.

    The Trump team, for instance, sought an instruction informing jurors that the types of hush money payments at issue in Trump’s case are not inherently illegal, a request a prosecutor called “totally inappropriate.” Merchan said such an instruction would go too far and is unnecessary.

    Trump’s team also asked Merchan to consider the “extraordinarily important” nature of the case when issuing his instructions and to urge jurors to reach “very specific findings.” Prosecutors objected to that as well, and Merchan agreed that it would be wrong to deviate from the standard instructions.

    “When you say it’s a very important case, you’re asking me to change the law, and I’m not going to do that,” Merchan said.

    Prosecutors, meanwhile, requested an instruction that someone’s status as a candidate doesn’t need to be the sole motivation for making a payment that benefits the campaign. Defense lawyers asked for jurors to be told that if a payment would have been made even if the person wasn’t running, it shouldn’t be treated as a campaign contribution.

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  • The Latest | Jury sends first note during deliberations in Trump’s criminal hush money trial

    The Latest | Jury sends first note during deliberations in Trump’s criminal hush money trial

    NEW YORK – Jury deliberations in Donald Trump ‘s criminal hush money trial began Wednesday after the panel received instructions from the judge on the law governing the case and what they can take into account in evaluating the former president’s guilt or innocence.

    The historic deliberations followed Tuesday’s whirlwind of closing arguments, which stretched into the evening hours as prosecutor Joshua Steinglass accused Trump of intentionally deceiving voters by allegedly participating in a “catch-and-kill” scheme to bury stories that might obliterate his 2016 presidential bid. Steinglass further suggested that Trump operated with a “cavalier willingness” to hide payoffs and did so in a way that left “no paper trail.”

    The defense approached its summation much in the same way it approached cross-examination: by targeting the credibility of star witness Michael Cohen. Defense lawyer Todd Blanche branded Trump’s former lawyer as “the greatest liar of all time” while urging jurors to quickly acquit his client.

    Trump faces 34 felony counts of falsifying business records, charges which are punishable by up to four years in prison. He has denied all wrongdoing and pleaded not guilty.

    At the heart of the charges are reimbursements paid to Cohen for a $130,000 hush money payment to porn actor Stormy Daniels in exchange for not going public with her claim about a 2006 sexual encounter with Trump.

    Prosecutors say the reimbursements were falsely logged as “legal expenses” to hide the true nature of the transactions.

    The case is the first of Trump’s four indictments to reach trial and is the first-ever criminal case against a former U.S. president.

    Currently:

    — Cohen’s credibility, campaigning at court and other highlights from closing arguments

    — Rallies and debates used to define campaigns. Now they’re about juries and trials

    — Biden’s campaign shows up outside Trump’s trial with Robert De Niro and others

    — Another big name will be at the courthouse in Manhattan on Wednesday: Harvey Weinstein

    — Trump hush money case: A timeline of key events

    Here’s the latest:

    JURY SENDS FIRST NOTE TO JUDGE

    The jury in Donald Trump’s criminal trial has sent its first note to the judge. The note’s contents have not yet been made public but will be read in court soon. The jury, which is deliberating in secret in a side room, indicated it had a note by ringing a courtroom bell at 2:56 p.m., about 3½ hours into deliberations.

    While deliberating, juries can only communicate with the judge by note. They may involve questions such as requests to hear portions of testimony or rehear certain instructions.

    STUCK WAITING AT THE COURTHOUSE, TRUMP RANTS ON SOCIAL MEDIA

    Donald Trump’s complaints on social media about the hush money case persisted Wednesday as the jury deliberated.

    “IT IS RIDICULOUS, UNCONSTITUTIONAL, AND UNAMERICAN that the highly Conflicted, Radical Left Judge is not requiring a unanimous decision on the fake charges against me brought by Soros backed D.A. Alvin Bragg,” he wrote. “A THIRD WORLD ELECTION INTERFERENCE HOAX!”

    Despite his declaration, any verdict in the case has to be unanimous: guilty or not guilty.

    If the jurors disagree, they keep deliberating. If they get to a point where they are hopelessly deadlocked, then the judge can declare a mistrial.

    If they convict, they must agree that Trump created a false entry in his company’s records or caused someone else to do so, and that he did so with the intent of committing or concealing another crime — in this case, violating a state election law.

    What the jurors do not have to agree on, however, is which way that election law was violated.

    HOW LONG WILL THE JURY DELIBERATE?

    Jurors in Donald Trump’s criminal trial will deliberate as long as they need to.

    The standard court day runs from 9:30 a.m. to 4:30 p.m., with a break for lunch. But judges sometimes extend the hours if jurors wish. In this case, Judge Juan M. Merchan already has decided that deliberations will proceed on Wednesday, which is normally a day off from the trial.

    There’s no limit on how many days deliberations can continue.

    WHITE HOUSE: BIDEN’S ATTENTION ISN’T FOCUSED ON TRUMP’S TRIAL

    As jury deliberations get underway in Donald Trump’s hush money trial, the White House says President Joe Biden’s attention is focused elsewhere.

    “The president’s focused on the American people, delivering for the American people,” press secretary Karine Jean-Pierre told reporters traveling with Biden to Philadelphia, where he has campaign events scheduled Wednesday. “That’s his focus.”

    FACT CHECK: YES, THE JURY MUST COME TO A UNANIMOUS VERDICT

    As the jury begins its deliberations in Donald Trump’s hush money case, claims are spreading across social media that Judge Juan M. Merchan told the panel they don’t need a unanimous verdict to convict Trump.

    That’s false.

    To convict Trump, Merchan told the jury they will have to find unanimously — that is, all 12 jurors must agree — that the former president created a fraudulent entry in his company’s records or caused someone else to do so, and that he did so with the intent of committing or concealing another crime.

    What’s being distorted by some online is the judge’s instruction about how to reach a verdict about that second element.

    Prosecutors say the crime Trump committed or hid is a violation of a New York election law making it illegal for two or more conspirators “to promote or prevent the election of any person to a public office by unlawful means.”

    Merchan gave the jurors three possible “unlawful means”: falsifying other business records, breaking the Federal Election Campaign Act or submitting false information on a tax return.

    For a conviction, each juror would have to find that at least one of those three things happened, but they don’t have to agree unanimously which it was.

    COURTROOM SHUTTING DOWN FOR LUNCH

    The jury in Donald Trump’s hush money case will deliberate through the lunch hour, but no action will occur and no notes will be passed during the break. Court will resume at 2:15 p.m.

    THE JURY HAS BEEN SENT TO DELIBERATE. WHAT EXACTLY DOES THAT MEAN?

    Jury deliberations proceed in secret, in a room reserved specifically for jurors and through an intentionally opaque process.

    Jurors can communicate with the court through notes that ask the judge, for instance, for legal guidance or to have particular excerpts of testimony read back to them. But without knowing what jurors are saying to each other, it’s hard to read too much into the meaning of any note.

    It’s anyone’s guess how long the jury in Donald Trump’s hush money case will deliberate for and there’s no time limit either. The jury must evaluate 34 counts of falsifying business records and that could take some time. A verdict might not come by the end of the week.

    To reach a verdict on any given count, either guilty or not guilty, all 12 jurors must agree with the decision for the judge to accept it.

    Things will get trickier if the jury can’t reach a consensus after several days of deliberations. Though defense lawyers might seek an immediate mistrial, Judge Juan M. Merchan is likely to call the jurors in and instruct them to keep trying for a verdict and to be willing to reconsider their positions without abandoning their conscience or judgment just to go along with others.

    If, after that instruction, the jury still can’t reach a verdict, the judge would have the option to deem the panel hopelessly deadlocked and declare a mistrial.

    TRUMP: ‘MOTHER TERESA COULD NOT BEAT THESE CHARGES’

    Former President Donald Trump told reporters after jurors began deliberating in his criminal hush money trial that the charges were rigged and again accused the judge of being conflicted. He further said that “Mother Teresa could not beat these charges.”

    “What is happening here is weaponization at a level that nobody’s seen before ever and it shouldn’t be allowed to happen,” Trump said.

    Trump repeated accusations that the criminal charges were brought by President Joe Biden’s administration to hit him, as the president’s main election opponent.

    TRUMP MUST STAY IN THE COURTHOUSE

    After jurors left the courtroom to begin deliberations, Judge Juan M. Merchan told Donald Trump and his lawyers that they were required to remain in the courthouse.

    “You cannot leave the building. We need you to be able to get here quickly if we do receive a note,” Merchan said.

    After Merchan left the bench, Trump turned and walked to chat with his son, Donald Trump Jr. and lawyer Alina Habba.

    MERCHAN ADDRESSES ALTERNATE JURORS

    After the main jury in Donald Trump’s hush money case left the courtroom Wednesday, Judge Juan M. Merchan told the six alternates who remain in the courtroom that they will remain on standby in the courthouse as deliberations get underway.

    He thanked them for their service and diligence, noting he saw one of the alternates go through three notebooks.

    He said, “There might be a need for you at some point in deliberations.”

    The alternates will be kept separate from the main jury and must also surrender their phones to court officers while deliberations are in progress. If a member of the main panel is unable to continue, an alternate can take that person’s place and deliberations will begin anew.

    JURY DELIBER

    ATIONS UNDERWAY

    Jurors in Donald Trump’s criminal hush money trial have begun deliberating after Judge Juan M. Merchan finished instructing them Wednesday morning on the law governing the case and what they can consider as they work toward a verdict.

    The trial is the first-ever criminal case against a former U.S. president.

    TWO ELEMENTS PROSECUTORS MUST PROVE FOR A GUILTY VERDICT

    Prosecutors are required to prove two elements for each of the counts in order to find Donald Trump guilty, Judge Juan M. Merchan told the jurors.

    They must find that he “personally or by acting in concert with another person or persons made or caused a false entry in the records” or a business. Prosecutors must also prove that Trump did so with the intent to commit or conceal another crime.

    Prosecutors allege the other crime that Trump intended to commit or conceal was a violation of a state election law regarding a conspiracy to promote or prevent an election by unlawful means.

    The alleged unlawful means that jurors must consider are:

      1. Violations of federal campaign finance law

      2. Falsifying other business records, such as paperwork used to establish the bank account used to pay Stormy Daniels, bank records and tax forms

      3. Violation of city, state and federal tax laws, including by providing false or fraudulent information on tax returns, “even if it does not result in underpayment of taxes”

    EXPLAINING ‘CONSPIRACY TO PROMOTE OR PREVENT ELECTION’

    In reading instructions to the jury in Donald Trump’s criminal trial, Judge Juan M. Merchan also went over New York’s law against “conspiracy to promote or prevent election,” a statute that’s important to the case.

    Prosecutors claim that Trump falsified business records to cover up alleged violations of the election conspiracy law. The alleged violations, prosecutors say, were hush money payments that really amounted to illegal campaign contributions.

    Under New York law, it’s a misdemeanor for two or more people to conspire to promote or prevent a candidate’s election “by unlawful means” if at least one of the conspirators takes action to carry out the plot.

    The judge noted that the law also requires that a defendant have the intent unlawfully to prevent or promote the candidate’s election — not just that a defendant knows about the conspiracy or be present when it’s discussed.

    In the defense’s closing argument Tuesday, Trump attorney Todd Blanche urged jurors to reject prosecutors’ election conspiracy assertions, insisting that “every campaign in this country is a conspiracy to promote a candidate.”

    EXPLAINING ACC

    ESSORIAL LIABILITY

    Judge Juan M. Merchan instructed jurors on the concept of accessorial liability, under which a defendant can be held criminally responsible for someone else’s actions.

    That’s a key component of the prosecution’s theory of Donald Trump’s hush money case because while Trump signed some of the checks at issue, people working for his company processed Michael Cohen’s invoices and entered the transactions into its accounting system.

    To hold Trump liable for those actions, Merchan said jurors must find beyond a reasonable doubt that he solicited, requested or commanded those people to engage in that conduct and that he acted intentionally.

    Prosecutor Joshua Steinglass touched on accessorial liability in his closing argument Tuesday, telling jurors: “No one is saying the defendant actually got behind a computer and typed in the false vouchers or stamped the false invoices or printed the false checks.”

    “But he set in motion a chain of events that led to the creation of the false business records,” Steinglass said.

    Trump has pleaded not guilty and denies wrongdoing.

    HOW TO JUDGE THE TRUTH

    The judge in Donald Trump’s criminal trial gave the jury some guidance on factors it can use to assess witness testimony, including its plausibility, its consistency with other testimony, the witness’s manner on the stand and whether the person has a motive to lie.

    But, the judge said, “There is no particular formula for evaluating the truthfulness and accuracy of another person’s statement.”

    The principles he outlined are standard but perhaps all the more relevant after Trump’s defense team leaned heavily on questioning the credibility of key prosecution witnesses, including the ex-president’s former personal lawyer and fixer Michael Cohen.

    Jurors appeared alert and engaged as Judge Juan M. Merchan instructed them Wednesday morning. Several took notes as he recited instructions.

    JUDGE TO JURORS: PERSONAL BIAS MUST BE PUT ASIDE

    The judge in Donald Trump’s criminal trial reminded jurors Wednesday morning of their solemn responsibility to decide Trump’s guilt or innocence, gently and methodically reading through standard jury instructions that have a special resonance in the former president’s high-profile case.

    “As a juror, you are asked to make a very important decision about another member of the community,” Judge Juan M. Merchan said, underscoring that — in the eyes of the law — the jurors and Trump are peers.

    Merchan also reminded jurors of their vow, during jury selection, “to set aside any personal bias you may have in favor of or against” Trump and decide the case “fairly based on the evidence of the law.”

    Echoing standard jury instructions, Merchan noted that even though the defense presented evidence, the burden of proof remains on the prosecutor and that Trump is “not required to prove that he is not guilty.”

    “In fact,” noted Merchan, “the defendant is not required to prove or disprove anything.”

    READING OF JURY INSTRUCTIONS UNDERWAY

    The jury in Donald Trump’s hush money trial has entered the courtroom and taken their seats. Ahead of deliberations, Judge Juan M. Merchan has begun instructing the panel on the law that governs the case and what they can consider as they work toward a verdict.

    Jurors will not receive copies of the instructions, but they can request to hear them again as many times as they wish, Merchan said.

    “It is not my responsibility to judge the evidence here. It is yours,” he told them.

    Trump leaned back in his chair and closed his eyes as Merchan told jurors that reading the instructions would take about an hour.

    TRUMP ARRIVES AT

    COURT

    Donald Trump’s motorcade has arrived at the courthouse in lower Manhattan as proceedings in his hush money trial are set to resume.

    He did not stop to speak to reporters as he typically does before entering court each day.

    Trump’s son, Donald Trump Jr., joined him in the courtroom Wednesday morning and was in the first row of the gallery behind the defense table, sitting alongside Trump lawyer and spokesperson Alina Habba.

    TRUMP POSTS ON SOCIAL MEDIA BEFORE HEADING TO COURT

    Donald Trump posted again on his social media network before he left Trump Tower to head to the courthouse Wednesday morning, making another all-caps rant about the hush money trial, the judge and Michael Cohen.

    He called it a “KANGAROO COURT!” and falsely claimed that Judge Juan M. Merchan barred him from defending himself by claiming that his alleged actions were taken on the advice of his then-lawyer, Cohen. Trump’s lawyers in March notified the court that they would not rely on that defense.

    “THERE WAS NO CRIME, EXCEPT FOR THE BUM THAT GOT CAUGHT STEALING FROM ME!” Trump said, apparently referring to Cohen. He added: “IN GOD WE TRUST!”

    Trump is prohibited under a gag order from making out-of-court statements about witnesses in the case, and he was previously penalized for comments about Cohen.

    It’s unclear if Trump’s latest rant would rise to the level of a violation — or if prosecutors would seek to have the former president sanctioned for it. The judge has also indicated that he’d give Trump leeway in certain instances to respond to attacks from Cohen.

    TRUMP’S MOTORCADE HEADS TO COURT

    Donald Trump’s motorcade has left Trump Tower and is on its way to the courthouse in lower Manhattan where his hush money trial will resume.

    The jury in the case is expected to begin deliberations after receiving instructions from the judge later in the day.

    WHO IS ON THE JURY?

    The jury in Donald Trump’s hush money trial is comprised of 18 Manhattan residents.

    The main jury includes seven men and five women. There are also six alternate jurors who’ve listened to the testimony but won’t join in the deliberations unless one of the main jurors needs to drop out or is removed.

    The jury members represents a diverse cross-section of the borough and come from various professional backgrounds, including a sales professional, a software engineer, a security engineer, a teacher, a speech therapist, multiple lawyers, an investment banker and a retired wealth manager.

    Jurors’ names are being kept from the public.

    A RECAP OF TESTIMONY JURORS HEARD IN THE CASE

    Across more than four weeks of testimony, prosecutors called 20 witnesses. The defense called just two.

    Among the prosecution’s key witnesses: Trump’s former attorney and fixer Michael Cohen, porn actor Stormy Daniels, tabloid publisher David Pecker and lawyer Keith Davidson, who negotiated hush money deals for Daniels and former Playboy model Karen McDougal.

    Cohen testified that he paid $130,000 in hush money to Daniels at Trump’s behest weeks before the 2016 election to keep her quiet about her claims of a sexual encounter with him a decade earlier. Trump denies the encounter took place. Cohen also said Trump was involved in an arrangement to repay him and log the payments as legal expenses.

    Daniels gave an at-times graphic account of the alleged encounter.

    Pecker testified about agreeing to be the “eyes and ears” of Trump’s campaign by tipping Cohen off to negative stories, including Daniels’ claim.

    Davidson talked about negotiating the deals and what he said was Cohen’s frustration after the Daniels deal that Trump still hadn’t repaid him.

    The defense’s big witness was attorney Robert Costello, who testified last Monday and Tuesday about negotiating to represent Cohen after the FBI raided Cohen’s properties in 2018.

    HOW WILL THE JURY DELIBERATIONS WORK?

    Jury deliberations in Donald Trump’s hush money trial will proceed in secret, in a room reserved specifically for jurors and in a process that’s intentionally opaque.

    Jurors can communicate with the court through notes that ask the judge, for instance, for legal guidance or to have particular excerpts of testimony read back to them.

    But without knowing what jurors are saying to each other, it’s hard to read too much into the meaning of any note.

    ANOTHER FAMOUS FACE AT THE COURTHOUSE

    Donald Trump will not be the only big name appearing before a judge in lower Manhattan on Wednesday — fallen movie mogul Harvey Weinstein is expected to appear for a hearing related to the retrial of his landmark #MeToo-era rape case.

    The hearing will take place in the same courthouse where Trump is currently on trial and where Weinstein was originally convicted in 2020.

    Weinstein’s conviction was overturned in April after the court found that the trial judge unfairly allowed testimony against Weinstein based on allegations that weren’t part of the case. His retrial is slated for sometime after Labor Day.

    A MOTION THAT STILL HASN’T BEEN DECIDED

    The judge in Donald Trump’s hush money trial might have one last piece of business to address on Wednesday before jurors receive instructions and can begin deliberations.

    Last Monday, defense lawyers filed a motion asking the judge to dismiss the case, arguing that prosecutors had failed to prove their case and there was no evidence of falsified business records or an intent to defraud.

    Prosecutors rebutted that assertion, saying “the trial evidence overwhelmingly supports each element” of the alleged offenses, and the case should proceed to the jury.

    Judge Juan M. Merchan did not indicate at the time when he would issue a decision on the request. More than a week later, it remains unclear whether he will address it before the case goes to the jury.

    WHAT MUST BE PROVED FOR A CONVICTION?

    Jurors in Donald Trump’s hush money trial are expected to begin deliberations on Wednesday after receiving instructions from the judge on the law that governs the case and what they can consider as they strive toward a verdict in the first criminal case against a former U.S. president.

    The panel has a weighty task ahead of them — deciding whether to convict or acquit Trump of some, all or none of the 34 felony counts he’s charged with.

    But what had to be proved for a conviction?

    To convict Trump of felony falsifying business records, prosecutors had to convince jurors beyond a reasonable doubt that he not only falsified or caused business records to be entered falsely but also did so with intent to commit or conceal another crime. Any verdict must be unanimous.

    To prevent a conviction, the defense needed to convince at least one juror that prosecutors didn’t prove Trump’s guilt beyond a reasonable doubt, the standard for criminal cases.

    If the jury deadlocks after several days of deliberations and are unable to reach a unanimous verdict, the judge may declare a mistrial.

    Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

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  • Prosecutors Had Two Final Words for the Trump Jury: Stormy Daniels

    Prosecutors Had Two Final Words for the Trump Jury: Stormy Daniels

    That whole episode in the suite,” Manhattan prosecutor Joshua Steinglass reflected on Tuesday, “that was uncomfortable.”

    In his closing remarks in Donald Trump’s hush money trial, Steinglass was taking jurors back to the night in 2006, when, as the porn star Stormy Daniels testified this month, she slept with the former president in his hotel room. Steinglass has a crisp and colloquial manner— sometimes referring to people in Trump’s orbit as “these guys”–and as he wrapped up the prosecution’s case against Trump, he put the parameters in plain terms.

    Daniel’s “story is messy,” Steinglass continued. “It makes people uncomfortable to hear. It probably makes some of you uncomfortable to hear. But that’s kind of the point.”

    Over the past five weeks, Trump’s trial has often revolved around a slew of documents and phone records. The former president has pleaded not guilty to 34 counts of falsifying business records to disguise a payment to Daniels for her silence, and denied any affair with her. As his attorney Todd Blanche put it earlier in the day in his own closing statement, “It’s a paper case.” But in Steinglass’s telling, there was a narrative throughline.

    “Stormy Daniels was the motive,” he told the jury.

    In the lead-up the 2016 election, the revelation of the Access Hollywood tape–in which, as Steinglass recalled, Trump discussed “grabbing women by the genitals”–threw the Republican nominee’s campaign into disarray. The payment to Daniels followed shortly afterwards, and it amounted, the prosecutor said, to an effort to manipulate the electorate. It could be asked, he acknowledged, how much people would care if Trump had slept with a porn star ten years prior. Voters, Steinglass said, had a right to decide if they did.

    Blanche had devoted the thrust of his summation to discrediting Michael Cohen, Trump’s former fixer who arranged the payment to Daniels. Steinglass didn’t quite defend the integrity of the admitted perjurer, but he did offer an emotive account of Cohen’s conduct. It was true, he said, that Cohen was nurturing ill feelings towards his old boss after serving prison time related to the Daniels payment. But Cohen had been “the defendant’s right hand man, his consigliere,” Steinglass said. “When it went bad, the defendant let him loose, dropped him like a hot potato, and tweeted out to the world that Mr. Cohen was a scumbag.”

    Steinglass seemed incredulous at the circumstances of “the Trump phenomenon” he was describing, perhaps even slightly amused to be recounting them on this solemn stage. Cohen, he said, is “understandably angry that to date, he’s the only one who’s paid the price for his role in this conspiracy.”

    In any case, Steinglass said, while Cohen had lied in the past, he had done so for Trump–and Trump was the one who had employed him “because he was willing to lie and cheat on Mr. Trump’s behalf.” And if Cohen had been lying during his testimony, Steinglass proposed, why wouldn’t he go further and say, for instance, that Trump had privately admitted to sleeping with Daniels?

    Blanche looked intently at Steinglass while Trump stared straight ahead. The members of Trump’s family in attendance–Don Jr., Eric, and Tiffany–glanced at their phones. Steinglass’s remarks were set to stretch into the evening, and as Tiffany exited the courtroom during a 5 p.m. break, she mouthed “hey” to Rudy Giuliani’s son Andrew, who has been a fixture at the trial.

    By this stage of the broader Trump-Daniels-Cohen story, enacted in 2016 and surfaced in 2018, the details surrounding this colorful cast have spilled out over and over. Steinglass seemed to be attempting, in the six hours his remarks spanned, to recenter the case. News outlets sometimes employ slight euphemisms to describe Daniels’s work–“adult film star” or “adult entertainer”–but he preferred the punchy, evocative pairing of “porn star” with “president.” It was a way to remind the jurors, who will begin to deliberate as soon as Wednesday, that the reason that they had been reviewing documents in this courtroom for over a month could ultimately be traced back to a single night in Lake Tahoe 18 years ago.

    Dan Adler

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  • Closing arguments, jury instructions and maybe a verdict? Major week looms in Trump hush money trial

    Closing arguments, jury instructions and maybe a verdict? Major week looms in Trump hush money trial

    WASHINGTON – The testimony in Donald Trump’s New York hush money trial is all wrapped up after more than four weeks and nearly two dozen witnesses, meaning the case heads into the pivotal final stretch of closing arguments, jury deliberations and possibly a verdict.

    It’s impossible to say how long all of that will take, but in a landmark trial that’s already featured its fair share of memorable moments, this week could easily be the most important.

    Here’s what to expect in the days ahead:

    WHAT HAPPENS DURING CLOSING ARGUMENTS?

    Starting Tuesday morning, prosecutors and defense lawyers will have their final opportunity to address the jury in closing arguments expected to last for much of the day, if not all of it.

    The arguments don’t count as evidence in the case charging Trump with falsifying business records to cover up hush money payments during the 2016 presidential election to a porn star who alleged she had a sexual encounter with him a decade earlier. They’ll instead function as hourslong recaps of the key points the lawyers want to leave jurors with before the panel disappears behind closed doors for deliberations.

    Look for prosecutors to remind jurors that they can trust the financial paperwork they’ve seen and the witnesses they’ve heard from. That includes porn actor Stormy Daniels, whose account of an alleged sexual encounter with Trump is at the heart of the case, and Trump’s former lawyer and personal fixer Michael Cohen, who testified that Trump was directly involved in the hush money scheme and authorized payments.

    It’s worth remembering that the defense, which called only two witnesses but not Trump, doesn’t have to prove anything or convince jurors of Trump’s innocence.

    To prevent a conviction, the defense simply needs to convince at least one juror that prosecutors haven’t proved Trump’s guilt beyond a reasonable doubt, the standard for criminal cases.

    Expect the defense to try to poke holes in the government’s case by disputing Daniels’ testimony about her hotel suite encounter with Trump and by distancing Trump from the mechanics of the reimbursements to Cohen, who was responsible for the $130,000 hush money payment to Daniels.

    The defense may also assert one last time that Trump was most concerned about shielding his family from salacious stories, not winning the election, when it comes to the hush money that was paid.

    And it’ll certainly attack the credibility of Cohen, who pleaded guilty to federal charges related to the payment and who was accused by Trump’s lawyers of lying even while on the witness stand. How much of his testimony the jury believes will go a long way in determining the outcome of the case.

    Since the prosecution has the burden of proof, it will deliver its summation last — the reverse order from opening statements, in which the prosecution went first.

    ONE LAST THING BEFORE THE JURY DELIBERATES

    A critical moment will take place, perhaps Wednesday morning, before the jury begins its deliberations.

    Judge Juan M. Merchan is expected to spend about an hour instructing the jury on the law governing the case, providing a roadmap for what it can and cannot take into account as it evaluates the Republican former president’s guilt or innocence.

    In an indication of just how important those instructions are, prosecutors and defense lawyers had a spirited debate last week outside the jury’s presence as they sought to persuade Merchan about the instructions he should give.

    The Trump team, for instance, sought an instruction informing jurors that the types of hush money payments at issue in Trump’s case are not inherently illegal, a request a prosecutor called “totally inappropriate.” Merchan said such an instruction would go too far and is unnecessary.

    Trump’s team also asked Merchan to consider the “extraordinarily important” nature of the case when issuing his instructions and to urge jurors to reach “very specific findings.” Prosecutors objected to that as well, and Merchan agreed that it would be wrong to deviate from the standard instructions.

    “When you say it’s a very important case, you’re asking me to change the law, and I’m not going to do that,” Merchan said.

    Prosecutors, meanwhile, requested an instruction that someone’s status as a candidate doesn’t need to be the sole motivation for making a payment that benefits the campaign. Defense lawyers asked for jurors to be told that if a payment would have been made even if the person wasn’t running, it shouldn’t be treated as a campaign contribution.

    ONCE THE JURY GETS THE CASE

    The deliberations will proceed in secret, in a room reserved specifically for jurors and in a process that’s intentionally opaque.

    Jurors can communicate with the court through notes that ask the judge, for instance, for legal guidance or to have particular excerpts of testimony read back to them. But without knowing what jurors are saying to each other, it’s hard to read too much into the meaning of any note.

    It’s anyone’s guess how long the jury will deliberate for and there’s no time limit either. The jury must evaluate 34 counts of falsifying business records, so that could take some time, and a verdict might not come by the end of the week.

    To reach a verdict on any given count, either guilty or not guilty, all 12 jurors must agree with the decision for the judge to accept it.

    Things will get trickier if the jury can’t reach a consensus after several days of deliberations. Though defense lawyers might seek an immediate mistrial, Merchan is likely to call the jurors in and instruct them to keep trying for a verdict and to be willing to reconsider their positions without abandoning their conscience or judgment just to go along with others.

    If, after that instruction, the jury still can’t reach a verdict, the judge would have the option to deem the panel hopelessly deadlocked and declare a mistrial.

    ___

    Associated Press writers Jennifer Peltz, Michael R. Sisak and Jake Offenhartz in New York contributed to this report.

    Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

    Eric Tucker, Associated Press

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  • Here’s what every key witness said at Donald Trump’s hush money trial. Closing arguments are coming

    Here’s what every key witness said at Donald Trump’s hush money trial. Closing arguments are coming

    NEW YORK – After 22 witnesses, including a porn actor, tabloid publisher and White House insiders, testimony is over at Donald Trump’s criminal trial in New York.

    Prosecutors called 20 witnesses. The defense called just two. Trump decided not to testify on his own behalf.

    The trial now shifts to closing arguments, scheduled for Tuesday.

    After that, it will be up to 12 jurors to decide whether prosecutors have proved beyond a reasonable doubt that Trump falsified his company’s business records as part of a broader effort to keep stories about marital infidelity from becoming public during his 2016 presidential campaign. He has pleaded not guilty and denies any wrongdoing.

    A conviction could come down to how the jurors interpret the testimony and which witnesses they find credible. The jury must be unanimous. The records involved include 11 checks sent to Trump’s former lawyer, Michael Cohen, as well as invoices and company ledger entries related to those payments.

    Here’s a look at key trial witnesses and what they had to say:

    STORMY DANIELS

    As Trump sat feet away, the porn actor, writer and director, gave a detailed and at times graphic account of a sexual encounter she says she had with Trump in Nevada in 2006. After they met at a celebrity golf tournament, she said, Trump invited her to dinner but then engaged her in conversation in his hotel room and startled her by stripping to his underwear while she was in the bathroom.

    “I felt the room spin in slow motion. I felt the blood basically leave my hands and my feet,” Daniels testified. “I just thought, ‘Oh, my God, what did I misread to get here?’ Because the intention was pretty clear, somebody stripped down in their underwear and posing on the bed, like waiting for you.”

    Daniels said Trump did not physically threaten her, but “my own insecurities in that moment kept me from saying no.” Daniels said she kept in touch with Trump for about a year in hopes of appearing on his TV show “The Apprentice,” but it never happened.

    Daniels spoke about accepting $15,000 for a magazine interview in 2011. The story was not printed at the time but ended up on a gossip website without her consent. Her lawyer, in consultation with Cohen, complained and had the story taken down.

    In 2016, Daniels authorized her manager to shop her story again but found little interest until the release of the infamous “Access Hollywood” recording of Trump boasting about grabbing women’s genitals without their permission.

    Daniels told the jury she accepted $130,000 from Cohen in the final weeks of the election in exchange for a legal agreement to keep the claim to herself.

    Trump’s lawyers grilled Daniels about her motivation, eliciting testimony that she hates the former Republican president. She pushed back on the defense’s suggestion that her story was fabricated, saying if it was fiction, “I would have written it to be a lot better.”

    Daniels’ testimony was among the most awaited in the trial. She had shared her story before, but this was the first time she testified about it in front of Trump. Trump’s lawyers objected to much of Daniels’ testimony and twice sought a mistrial, arguing that her feelings of a power imbalance with Trump and her blunt answers about the alleged sexual encounter should not have been put before the jury.

    DAVID PECKER

    A longtime Trump friend, Pecker was the publisher of the National Enquirer and chief executive of its parent company, American Media Inc., during the 2016 presidential campaign.

    Pecker told the jury he agreed to be the “eyes and ears” of Trump’s campaign, looking out for damaging stories so they could be suppressed. He said he agreed to the role — and to a plan to publish positive stories about Trump and negative stories about his opponents — at an August 2015 meeting with Trump and Cohen.

    “If there were any rumors in the marketplace about Mr. Trump or his family or any negative stories that were coming out or anything that I heard overall,” Pecker said, “I would call Michael Cohen directly.”

    He said he told the National Enquirer’s editor at the time, Dylan Howard, “that we are going to try to help the campaign, and to do that, I want to keep this as quiet as possible.”

    Pecker testified that the company squashed one potential story by paying $30,000 to a Trump Tower doorman. It paid $150,000 to former Playboy model Karen McDougal, to keep her from going public with a claim that she had had a yearlong affair with Trump.

    But when Daniels came forward, Pecker said, he told Howard: “I am not a bank, and we are not paying out any further disbursements or monies.”

    Instead, he alerted Cohen that Daniels was shopping a story about Trump, and let the lawyer handle it. Trump denies having sex with either McDougal or Daniels.

    When The Wall Street Journal reported, just days before Election Day, that the Enquirer had paid McDougal, Pecker said Trump was upset, saying, “How could this happen? I thought you had this under control?”

    “Our call ended very abruptly,” Pecker said. “He didn’t say goodbye, which was very unusual.”

    KEITH DAVIDSON

    A lawyer known for representing people trying to sell celebrity sex tapes or other embarrassing information, Davidson negotiated the hush money deals for McDougal and Daniels. He gave jurors an inside look at the negotiations and helped corroborate Pecker’s testimony.

    At first, Davidson said, the National Enquirer was not interested in acquiring McDougal’s story, saying she “lacked documentary evidence.” But the tabloid eventually bought it at Pecker’s behest. Davidson said he understood it would never be published because of “an unspoken understanding that there was an affiliation” between Pecker and Trump and that the National Enquirer would not run the story “because it would hurt Donald Trump.”

    Davidson said he dealt directly with Cohen, never with Trump. While Cohen may not have explicitly stated he was working on Trump’s behalf, Davidson said he felt the implication was clear.

    Davidson testified that about a month after Trump won the election, Cohen complained in a phone conversation that the president-elect hadn’t yet paid him back for the $130,000 payment to Daniels.

    MICHAEL COHEN

    Cohen, a flawed but vital prosecution witness, testified about working with the National Enquirer to suppress negative stories about Trump. Cohen insisted he was working at Trump’s direction when the lawyer helped orchestrate the payments to McDougal and Daniels.

    Cohen testified that he kept the detail-oriented Trump updated on the payoffs.

    Regarding the decision to pay Daniels, Cohen said Trump felt it was best to buy her silence.

    “He stated to me that he had spoken to some friends, some individuals, very smart people, and that it’s $130,000. You’re like a billionaire. Just pay it. There is no reason to keep this thing out there. So do it,” Cohen said.

    “And he expressed to me: Just do it. Go meet up with Allen Weisselberg and figure this whole thing out,” Cohen said, referring to the Trump Organization’s chief financial officer at the time.

    Testifying over the course of four days, Cohen told the jury he sought Trump’s approval for the Daniels payment because “everything required Mr. Trump’s sign-off. On top of that, I wanted the money back.”

    When it briefly looked like the deal with Daniels might fall apart, Cohen said Trump got “really angry with me,” saying, “I thought you took care of this?”

    Cohen used money he borrowed money from a bank to make the $130,000 payment to Daniels. Trump later reimbursed him. How Trump’s company recorded those reimbursements — paid out of a Trump trust and personal accounts — is the core of the prosecution’s case. Cohen said he submitted monthly invoices for a year for legal work he never actually performed, pursuant to a purported retainer agreement that he said did not exist.

    Cohen said he discussed the reimbursement plan with Trump at the White House in February 2017. He recalled that Trump asked him whether he needed money, then promised a check soon would cover the first two months of invoices, totaling $70,000.

    Jurors also heard a secret recording Cohen made of a meeting he had with Trump in 2016 in which he briefed his boss about the plan to buy McDougal’s story.

    Trump’s lawyers have fought to discredit Cohen, pressing him on his own criminal history, past lies and his recollection of key details. On cross-examination, Cohen admitted stealing tens of thousands of dollars from Trump’s company by asking to be reimbursed for money he had not spent. Cohen acknowledged once telling a prosecutor he felt that Daniels and her lawyer were extorting Trump. Cohen also insisted he did not actually commit some crimes to which he pleaded guilty in 2018, including bank fraud and tax evasion. In that case, Cohen also pleaded guilty to lying to Congress and to campaign finance violations.

    Cohen is the linchpin of the prosecution case, the only witness to testify that Trump had direct involvement in arranging his repayment. The verdict could hinge on whether jurors believe him.

    HOPE HICKS

    Trump’s former campaign and White House communications director, Hicks testified about the frenetic days after the “Access Hollywood” leak as she and Trump’s political advisers tried to contain the fallout. Hicks said she was “very concerned” about the impact of the tape and she subsequently asked Cohen to chase down a rumor about another potentially damaging recording, which turned out not to exist.

    Hicks said that after The Wall Street Journal published its article detailing McDougal’s hush money deal, Trump was concerned about how his wife, Melania, would take it.

    “He wanted me to make sure the newspapers weren’t delivered to their residence that morning,” Hicks said.

    When news of the Daniels payoff started to emerge in 2018, Cohen initially told reporters he made the payment with his own money and without Trump’s knowledge. Hicks said Trump also told her “that Michael had paid this woman to protect him from a false allegation, and that Michael felt like it was his job to protect him, and that’s what he was doing. And he did it out of the kindness of his own heart.”

    She said, however, that it was “out of character” for Cohen to take such an action on his own.

    “I didn’t know Michael to be an especially charitable person or selfless person,” Hicks said. “He’s the kind of person who seeks credit.”

    ROBERT COSTELLO

    Trump’s lawyers called Costello, an attorney and ex-federal prosecutor, as their primary witness in a terse defense case aimed at undermining Cohen’s credibility.

    After the FBI raided Cohen’s home and office in 2018, Costello offered to become his lawyer. He told the jury that during their first meeting, Cohen paced anxiously, saying his life, and his family’s life, had been “shattered.”

    “He said: ‘I really want you to explain to me what my options are. What’s my escape route?’” Costello said.

    Costello said Cohen also insisted that he had made the Daniels deal on his own, that Trump “knew nothing” about it, and that Cohen had no incriminating information about Trump he could offer to federal prosecutors.

    “I swear to God, Bob. I don’t have anything on Donald Trump,” Costello quoted Cohen as saying.

    Prosecutors countered that Costello, who was close to Trump ally Rudy Giuliani, cozied up to Cohen to keep him loyal to Trump.

    In one email, Costello told Cohen: “Sleep well tonight. you have friends in high places,” and relayed that there were “some very positive comments about you from the White House.”

    Cohen ultimately chose other lawyers.

    OTHER NOTABLE WITNESSES

    JEFFREY McCONNEY: The Trump Organization’s former controller testified about working with Weisselberg to set up payments to Cohen, including reimbursement for the $130,000 payment to Daniels, a bonus and money for taxes.

    RHONA GRAFF: Trump’s former executive assistant testified about adding McDougal’s and Daniels’ contacts to Trump’s contact list in the company’s computer system, the latter listed simply as “Stormy.” Graff also said she had a “vague recollection” of seeing Daniels once at Trump Tower.

    DEBORAH TARASOFF: The Trump Organization’s accounts payable supervisor testified about processing the payments to Cohen, including receiving checks that Trump had signed at the White House. Under defense questioning, she acknowledged permission to cut Cohen’s checks came not from Trump himself, but from Weisselberg and McConney.

    MADELEINE WESTERHOUT: Trump’s White House secretary from 2017 to 2019 testified about Trump signing checks, saying he sometimes would sign without reviewing them.

    ___

    Associated Press writers Eric Tucker, Alanna Durkin Richer and Colleen Long in Washington and Michelle L. Price, Jill Colvin, Philip Marcelo and Julie Walker contributed to this report.

    Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

    Michael R. Sisak, Jennifer Peltz And Jake Offenhartz, Associated Press

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  • Alvin Bragg’s case against Trump presents a tangle of interacting laws and intent puzzles

    Alvin Bragg’s case against Trump presents a tangle of interacting laws and intent puzzles

    During four days of testimony in Donald Trump’s trial, his estranged lawyer and fixer, Michael Cohen, supplied crucial evidence linking the former and possibly future president to the crimes alleged by New York County District Attorney Alvin Bragg. Cohen said “the boss” instructed him to pay porn star Stormy Daniels $130,000 shortly before the 2016 presidential election to keep her from talking about her alleged 2006 sexual encounter with Trump. Cohen said Trump also approved a plan to reimburse Cohen in 2017 through a series of payments disguised as compensation for legal services. Cohen was the only witness who gave direct support to the latter claim, which underlies the allegation that Trump falsified business records—the heart of the case.

    One question for the jurors is whether to believe Cohen, a convicted felon and admitted liar with a powerful grudge against Trump and a financial interest in agitating for his imprisonment via books and podcasts. Another question is exactly what sort of intent is required to convict Trump not only of falsifying business records but of doing so to conceal “another crime,” which elevates what would otherwise be 34 misdemeanors into 34 felonies. Here things get confusing because of the interacting statutes on which the prosecution is relying.

    As a misdemeanor, falsifying business records requires only an “intent to defraud.” If the jury believes the prosecution has proven beyond a reasonable doubt that Trump knew the checks to Cohen were falsely identified as payment for legal services, it will convict him of falsifying business records.

    Trump personally signed nine of those 11 checks, which the stubs described as “retainer” payments. Although Trump designated Cohen as his personal lawyer after the election, Cohen testified that he never expected to be paid for that position, which he said he was glad to have mainly because of the business connections he thought it would facilitate. Cohen said he never had a retainer agreement with Trump.

    Although Trump had to sign those checks because they were drawn on his personal account, his lawyers say, he was not aware of exactly how his bookkeepers characterized the payments. According to the defense team, Cohen presented invoices that the Trump Organization paid as a matter of course, and Trump was too busy with presidential duties to concern himself with the associated records.

    To rebut that account, prosecutors presented testimony that Trump was a proud penny-pincher who never would have agreed to pay Cohen without knowing exactly what he was getting in return. The payments totaled $420,000. According to handwritten notes by Trump Organization CFO Allen Weisselberg, that included reimbursement for the hush payment, which he doubled to account for taxes, plus a bonus and a reimbursement for an unrelated expense. Prosecutors suggested it was implausible that Trump actually thought he was paying Cohen for his 2017 services as a personal lawyer, and Cohen testified that Trump signed off on Weisselberg’s plan during a meeting at Trump Tower.

    To prove that Trump is guilty of 34 felonies, however, the prosecution had to show that his “intent to defraud” included “an intent to commit another crime or to aid or conceal the commission thereof.” Lead prosecutor Matthew Matthew Colangelo said the other crime was a violation of an obscure New York statute: Section 17-152 of the New York Election Law, which makes it a misdemeanor for “two or more persons” to “conspire to promote or prevent the election of any person to a public office by unlawful means.”

    Prosecutors say the “unlawful means” was Cohen’s payment to Daniels: By fronting that money, he made an excessive campaign contribution, thereby violating the Federal Election Campaign Act. Cohen accepted that characterization, which hinges on the fuzzy distinction between personal and campaign expenditures, in a 2018 federal plea agreement that also resolved several other, unrelated charges against him. But Trump was never prosecuted for soliciting that “contribution,” probably because it would have been hard to prove that he “knowingly and willfully” violated federal campaign finance regulations. If Trump thought the nondisclosure agreement with Daniels was perfectly legal, as his lawyers maintain, he did not have the intent required for a federal conviction.

    Does that matter under Section 17-152? Since it appears this provision has never been enforced before, the answer is not clear. On its face, the statute requires only a conspiracy to promote an election “by unlawful means.” It does not say the conspirators must recognize that the means are unlawful. But ordinarily under New York law, proving a criminal conspiracy requires proving “a specific intent to commit a crime.” If Trump did not think Cohen’s payment to Daniels was “unlawful,” and it is plausible that he didn’t, he did not have that “specific intent.”

    The uncertainty about Trump’s understanding of federal campaign finance regulations also figures directly in the felony charges under the statute prohibiting falsification of business records. If Trump believed there was nothing illegal about paying off Daniels via Cohen, it is hard to see how he could have falsified business records with the intent to hide “another crime.”

    Prosecutors presented testimony from Cohen and other witnesses who said Trump’s main motivation in silencing Daniels was neutralizing a threat to his election, which goes to the question of whether the payment qualified as a campaign expenditure. Cohen averred that Daniels’ story, coming on the heels of the Access Hollywood tape in which Trump bragged about sexually assaulting women, would have been “catastrophic” to his campaign.

    That seems doubtful in retrospect. Trump won the election despite the Access Hollywood tape and despite his well-known history of adultery, to which the alleged Daniels encounter merely would have added another chapter. And right now he seems poised to defeat Biden again, even though the Daniels story is common knowledge and even though a jury found him civilly liable for sexually assaulting and defaming E. Jean Carroll. But when it comes to proving that Trump should have recognized that the hush payment was an illegal campaign contribution, what matters is whether he was worried about the potential electoral impact of Daniels’ account, as opposed to the embarrassment it would cause or the damage it would do to his reputation, brand, and business.

    When Cohen asked Trump how his wife would respond to the Daniels story, Cohen testified, Trump did not seem concerned. “Don’t worry, he goes,” Cohen said. “He goes: ‘How long do you think I will be on the market for? Not long.’” In other words, Cohen said, “He wasn’t thinking about Melania. This was all about the campaign.” In fact, Cohen testified, Trump initially hoped to never pay Daniels. If he could stall her until after the election, Cohen said, “it wouldn’t matter” to Trump.

    If so, you might wonder, why would Trump be so keen to keep the story under wraps even after the election? The prosecution says he was trying to hide the fact that he and Cohen had violated Section 17-152 by violating the Federal Election Campaign Act. That theory hinges on several doubtful premises.

    As New York Times columnist David French notes, “the state election law that the prosecution cites may well be pre-empted by federal law and therefore be inapplicable to the case.” Even if the state law does apply, the prosecution’s theory assumes not only that Trump recognized Cohen’s payment to Daniels as an illegal campaign contribution but also that he knew it was a violation of Section 17-152—a provision so obscure that experts on New York election law say they have never seen a criminal case based on it.

    It seems quite unlikely that Trump knew anything about that law, let alone that he anticipated how it might be construed by New York prosecutors. And if he did not know he could be accused of violating Section 17-152, how could he have falsified business records with the intent of covering up that alleged crime?

    Juan Merchan, the judge presiding over Trump’s trial, presumably will clarify these issues when he instructs the jurors prior to their deliberations, which are expected to begin next week. But the case presents such a tangle of interacting laws and mens rea puzzles that Trump will have ample grounds for appeal if he is convicted.

    Those issues help explain why Bragg’s predecessor, Cyrus R. Vance Jr., decided, after long consideration, that state charges based on the Daniels payment were too iffy to pursue. Mark Pomerantz, a former prosecutor in Vance’s office who worked on the Trump investigation, concluded that “such a case was too risky under New York law.” In a 2023 book, Pomerantz noted that “no appellate court in New York had ever upheld (or rejected) this interpretation of the law.”

    Pomerantz, who was so keen to build a criminal case against Trump that he agreed to work on the investigation for free, is by no means the only Trump critic who is skeptical of Bragg’s case. “Numerous legal analysts, including people who are no friends of Trump, have expressed grave reservations about the case,” French notes, “in large part because of the difficulty of linking the falsified records to an additional, separate crime.”

    While French condemns Trump’s “morally repugnant” conduct, he emphasizes that “immorality alone doesn’t make him a criminal.” And he worries about the consequences of a conviction that is overturned on appeal. “Imagine a scenario in which Trump is convicted at the trial, Biden condemns him as a felon and the Biden campaign runs ads mocking him as a convict,” he writes. “If Biden wins a narrow victory but then an appeals court tosses out the conviction, this case could well undermine faith in our democracy and the rule of law.”

    The problem, of course, goes beyond public perceptions. If Bragg is prosecuting Trump in a desperate, last-ditch attempt to prevent him from reoccupying the White House—and that is certainly how it looks—he is abusing his powers and perverting the law. The case seems to exemplify the very sort of misconduct that Trump’s opponents fear he will commit if he wins the election.

    Jacob Sullum

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  • Defense witness who angered judge in Trump’s hush money trial will return to the stand

    Defense witness who angered judge in Trump’s hush money trial will return to the stand

    NEW YORK – A defense witness in Donald Trump’s hush money case whom the judge threatened to remove from the trial over his behavior will return to the stand Tuesday as the trial nears its end.

    Trump’s lawyers are hoping Robert Costello’s testimony will help undermine the credibility of a key prosecution witness, Trump fixer-turned-foe Michael Cohen.

    But Costello angered Judge Juan Merchan on Monday by making comments under his breath, rolling his eyes and calling the whole exercise “ridiculous,” prompting the judge to briefly kick reporters out of the courtroom to admonish him.

    The judge told Costello, a former federal prosecutor, he was being “contemptuous,” adding, “If you try to stare me down one more time, I will remove you from the stand,” according to a court transcript.

    Costello didn’t immediately respond to a request for comment Monday from The Associated Press.

    The chaotic scene unfolded after prosecutors rested their case accusing Trump of falsifying business records as part of a scheme to bury stories that he feared could hurt his 2016 campaign. The case is in the final stretch, with closing arguments expected the Tuesday after Memorial Day.

    The charges stem from internal Trump Organization records where payments to Cohen were marked as legal expenses. Prosecutors say they were really reimbursements for a $130,000 hush money payment to porn actor Stormy Daniels to keep her from going public before the 2016 election with claims of a sexual encounter with Trump. Trump says nothing sexual happened between them.

    Trump has said he did nothing illegal and has slammed the case as an effort to hinder his 2024 bid to reclaim the White House. Trump called the judge a “tyrant” in remarks to reporters while leaving the courthouse Monday and called the trial a “disaster” for the country.

    After jurors left for the day Monday, defense attorneys pressed the judge to throw out the charges before jurors even begin deliberating, arguing prosecutors have failed to prove their case. The defense has suggested that Trump was trying to protect his family, not his campaign, by squelching what he says were false, scurrilous claims.

    Defense attorney Todd Blanche argued that there was nothing illegal about soliciting a tabloid’s help to run positive stories about Trump, run negative stories about his opponents and identify potentially damaging stories before they were published. No one involved “had any criminal intent,” Blanche said.

    “How is keeping a false story from the voters criminal?” Blanche asked.

    Prosecutor Matthew Colangelo shot back that “the trial evidence overwhelmingly supports each element” of the alleged offenses, and the case should proceed to the jury.

    The judge didn’t immediately rule on the defense’s request. Such long-shot requests are often made in criminal cases but are rarely granted.

    The defense called Costello because of his role as an antagonist to Cohen since their professional relationship splintered in spectacular fashion. Costello had offered to represent Cohen soon after the lawyer’s hotel room, office and home were raided and as Cohen faced a decision about whether to remain defiant in the face of a criminal investigation or to cooperate with authorities in hopes of securing more lenient treatment.

    Costello in the years since has repeatedly maligned Cohen’s credibility and was even a witness before last year’s grand jury that indicted Trump, offering testimony designed to undermine Cohen’s account. In a Fox News Channel interview last week, Costello accused Cohen of lying to the jury and using the case to “monetize” himself.

    Costello contradicted Cohen’s testimony describing Trump as intimately involved in all aspects of the hush money scheme. Costello told jurors Monday that Cohen told him Trump “knew nothing” about the hush money payment to Daniels.

    “Michael Cohen said numerous times that President Trump knew nothing about those payments, that he did this on his own, and he repeated that numerous times,” Costello testified.

    Cohen, however, testified earlier Monday that he has “no doubt” that Trump gave him a final sign-off to make the payments to Daniels. In total, he said he spoke with Trump more than 20 times about the matter in October 2016.

    Trump lawyer Emil Bove told the judge that the defense does not plan to call any other witnesses after Costello, though they may still call campaign-finance expert Bradley A. Smith for limited testimony. They have not said definitively that Trump won’t testify, but that’s the clearest indication yet that he will waive his right to take the stand in his own defense.

    ___

    Long reported from Washington. Associated Press writers Jill Colvin and Michelle Price in New York; Meg Kinnard in Columbia, South Carolina; and Eric Tucker and Alanna Durkin Richer in Washington contributed to this report.

    Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

    Michael R. Sisak, Jake Offenhartz, Jennifer Peltz And Colleen Long, Associated Press

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  • Michael Cohen faces more grilling as Trump’s hush money trial enters its final stretch

    Michael Cohen faces more grilling as Trump’s hush money trial enters its final stretch

    Prosecutors’ last and star witness in Donald Trump’s hush money trial was back on the stand Monday for more grilling before the former president’s lawyers get their chance to put on a case.The landmark trial kicked back off with legal arguments and more defense cross-examination of former Trump attorney Michael Cohen, whose pivotal testimony last week directly tied Trump to the alleged hush money scheme. Cohen nodded to a court officer but didn’t look at Trump at the defense table as he made his way to the stand.He’s the last prosecution witness, and it’s not yet clear whether Trump’s attorneys will call any witnesses, let alone the presumptive Republican presidential nominee himself.Defense lawyers already have questioned Cohen for hours about his criminal history and past lies to paint him as a serial fabulist who is on a revenge campaign aimed at taking down Trump.After more than four weeks of testimony about sex, money, tabloid machinations and the details of Trump’s company recordkeeping, jurors could begin deliberating as soon as next week to decide whether Trump is guilty of 34 felony counts of falsifying business records in the first criminal trial of a former U.S. president.The charges stem from internal Trump Organization records where payments to Cohen were marked as legal expenses, when prosecutors say they were really reimbursements for a $130,000 hush money payment to porn actor Stormy Daniels.Trump has pleaded not guilty. His lawyers say there was nothing criminal about the Daniels deal or the way Cohen was paid.”There’s no crime,” Trump told reporters after arriving at the courthouse Monday. “We paid a legal expense. You know what it’s marked down as? A legal expense.”Manhattan District Attorney Alvin Bragg’s office is expected to rest its case once Cohen is off the stand, but prosecutors would have have an opportunity to call rebuttal witnesses if Trump’s lawyers put on witnesses of their own. Judge Juan M. Merchan, citing scheduling issues, says he expects closing arguments to happen May 28, the Tuesday after Memorial Day.Defense lawyers said they have not decided whether Trump will testify. And Trump did not respond to shouted questions from reporters about whether his lawyers have advised him not to take the stand.Defense attorneys generally are reluctant to put their clients on the witness stand and open them up to intense questioning by prosecutors, as it often does more harm than good.Cohen is prosecutors’ most important witness, but he is also vulnerable to attack.The now-disbarred attorney has admitted on the witness stand to previously lying under oath and other falsehoods, many of which he claims were meant to protect Trump. Cohen served prison time after pleading guilty to various federal charges, including lying to Congress and a bank and engaging in campaign finance violations related to the hush money scheme.And he has made millions of dollars off critical books about the former president, whom he regularly slams on social media in often profane terms.Cohen told jurors that Trump was intimately involved in the scheme to pay off Daniels to prevent her from going public late in his 2016 presidential campaign with claims of a 2006 sexual encounter with Trump. Trump says nothing sexual happened between them.Cohen told jurors about meetings and conversations with Trump, including one in 2017 in which Cohen says he, Trump and then-Trump Organization finance chief Allen Weisselberg discussed how Cohen would recoup his outlay for the Daniels payment and how the reimbursement would be billed as “legal services.”Known for his hot temper, Cohen has remained mostly calm on the witness stand despite sometimes heated interrogation by the defense about his own misdeeds and the allegations in the case.A key moment came Thursday, when defense attorney Todd Blanche accused Cohen of lying about the purpose of a phone call to Trump’s bodyguard days before Cohen wired Daniels’ lawyer $130,000.Cohen told jurors he talked to Trump on that call about the hush money payment. Blanche confronted Cohen with text messages to argue that Cohen had actually been talking to Trump’s bodyguard about harassing calls from a teenage prankster.“That was a lie. You did not talk to President Trump on that night … You can admit it?” Blanche asked.“No, sir, I can’t,” Cohen replied, saying he believed he also spoke to Trump about the Daniels deal.Trump’s lawyers have said they may call Bradley A. Smith, a Republican law professor who was appointed by former President Bill Clinton to the Federal Election Commission, to refute the prosecution’s contention that the hush money payments amounted to campaign-finance violations.The judge has limited what Smith can address, however, and the defense could decide not to call him, after all.There are often guardrails around expert testimony on legal matters, on the basis that it’s up to a judge — not an expert hired by one side or the other — to instruct jurors on applicable laws in a case.Merchan has ruled that Smith can give general background on the FEC, the laws it enforces and the definitions of such terms as “campaign contribution.” But he can’t interpret how federal campaign finance laws apply to the facts of Trump’s case or opine on whether the former president’s alleged actions violate those laws.

    Prosecutors’ last and star witness in Donald Trump’s hush money trial was back on the stand Monday for more grilling before the former president’s lawyers get their chance to put on a case.

    The landmark trial kicked back off with legal arguments and more defense cross-examination of former Trump attorney Michael Cohen, whose pivotal testimony last week directly tied Trump to the alleged hush money scheme. Cohen nodded to a court officer but didn’t look at Trump at the defense table as he made his way to the stand.

    He’s the last prosecution witness, and it’s not yet clear whether Trump’s attorneys will call any witnesses, let alone the presumptive Republican presidential nominee himself.

    Defense lawyers already have questioned Cohen for hours about his criminal history and past lies to paint him as a serial fabulist who is on a revenge campaign aimed at taking down Trump.

    After more than four weeks of testimony about sex, money, tabloid machinations and the details of Trump’s company recordkeeping, jurors could begin deliberating as soon as next week to decide whether Trump is guilty of 34 felony counts of falsifying business records in the first criminal trial of a former U.S. president.

    The charges stem from internal Trump Organization records where payments to Cohen were marked as legal expenses, when prosecutors say they were really reimbursements for a $130,000 hush money payment to porn actor Stormy Daniels.

    Trump has pleaded not guilty. His lawyers say there was nothing criminal about the Daniels deal or the way Cohen was paid.

    “There’s no crime,” Trump told reporters after arriving at the courthouse Monday. “We paid a legal expense. You know what it’s marked down as? A legal expense.”

    Manhattan District Attorney Alvin Bragg’s office is expected to rest its case once Cohen is off the stand, but prosecutors would have have an opportunity to call rebuttal witnesses if Trump’s lawyers put on witnesses of their own. Judge Juan M. Merchan, citing scheduling issues, says he expects closing arguments to happen May 28, the Tuesday after Memorial Day.

    Defense lawyers said they have not decided whether Trump will testify. And Trump did not respond to shouted questions from reporters about whether his lawyers have advised him not to take the stand.

    Defense attorneys generally are reluctant to put their clients on the witness stand and open them up to intense questioning by prosecutors, as it often does more harm than good.

    Cohen is prosecutors’ most important witness, but he is also vulnerable to attack.

    The now-disbarred attorney has admitted on the witness stand to previously lying under oath and other falsehoods, many of which he claims were meant to protect Trump. Cohen served prison time after pleading guilty to various federal charges, including lying to Congress and a bank and engaging in campaign finance violations related to the hush money scheme.

    And he has made millions of dollars off critical books about the former president, whom he regularly slams on social media in often profane terms.

    Cohen told jurors that Trump was intimately involved in the scheme to pay off Daniels to prevent her from going public late in his 2016 presidential campaign with claims of a 2006 sexual encounter with Trump. Trump says nothing sexual happened between them.

    Cohen told jurors about meetings and conversations with Trump, including one in 2017 in which Cohen says he, Trump and then-Trump Organization finance chief Allen Weisselberg discussed how Cohen would recoup his outlay for the Daniels payment and how the reimbursement would be billed as “legal services.”

    Known for his hot temper, Cohen has remained mostly calm on the witness stand despite sometimes heated interrogation by the defense about his own misdeeds and the allegations in the case.

    A key moment came Thursday, when defense attorney Todd Blanche accused Cohen of lying about the purpose of a phone call to Trump’s bodyguard days before Cohen wired Daniels’ lawyer $130,000.

    Cohen told jurors he talked to Trump on that call about the hush money payment. Blanche confronted Cohen with text messages to argue that Cohen had actually been talking to Trump’s bodyguard about harassing calls from a teenage prankster.

    “That was a lie. You did not talk to President Trump on that night … You can admit it?” Blanche asked.

    “No, sir, I can’t,” Cohen replied, saying he believed he also spoke to Trump about the Daniels deal.

    Trump’s lawyers have said they may call Bradley A. Smith, a Republican law professor who was appointed by former President Bill Clinton to the Federal Election Commission, to refute the prosecution’s contention that the hush money payments amounted to campaign-finance violations.

    The judge has limited what Smith can address, however, and the defense could decide not to call him, after all.

    There are often guardrails around expert testimony on legal matters, on the basis that it’s up to a judge — not an expert hired by one side or the other — to instruct jurors on applicable laws in a case.

    Merchan has ruled that Smith can give general background on the FEC, the laws it enforces and the definitions of such terms as “campaign contribution.” But he can’t interpret how federal campaign finance laws apply to the facts of Trump’s case or opine on whether the former president’s alleged actions violate those laws.

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  • 5/16: The Daily Report with John Dickerson

    5/16: The Daily Report with John Dickerson

    5/16: The Daily Report with John Dickerson – CBS News


    Watch CBS News



    John Dickerson reports on the status of a temporary pier designed to provide critical aid to Gaza, the sharp cross-examination of former President Donald Trump’s ex-fixer Michael Cohen, and how used police firearms can wind up in the hands of criminals.

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  • Meet CNN’s Legal Eagle With a Bird’s-Eye View of the Trump Trial

    Meet CNN’s Legal Eagle With a Bird’s-Eye View of the Trump Trial

    When former president Donald Trump struck a two-debate deal with President Joe Biden on Wednesday, the Drudge Report posed a provocative question: “WILL HE BE IN PRISON” by the time the first debate takes place on June 27?

    Trump’s hush money cover-up trial will surely be over by then, but, according to CNN’s chief legal correspondent, talk of jail time drastically overstates the stakes. It’s “highly unlikely he’s gonna go to prison. This is a first-time offender,” Paula Reid explained on the latest episode of the Vanity Fair podcast Inside the Hive. “Yes, this is a felony charge, but it’s falsifying business records. It’s highly unlikely that he would be sentenced to any prison time, and even if he was, that is going to be litigated and appealed for quite some time. So anyone saying that, that’s just hyperbole.”

    Reid calls herself a “recovering lawyer” and specializes in legal-world reality checks, so here’s another one: A Trump conviction is anything but a certainty. “This case very much rests on the testimony of Michael Cohen, a flawed witness, to put it mildly,” she said. “And it’s just not clear what the jury is going to make of him.”

    “If jurors, even one juror, [have] reasonable doubt about Michael Cohen,” Reid added, “this should not be a conviction, and I think it is possible that you could get a hung jury here.”

    Reid is based in Washington but has relocated to New York for the duration of the trial. She has been a near-24/7 presence on CNN when court has been in session. It “takes a village,” she said, describing the challenges of covering a trial without the benefit of cameras in the courtroom. CNN’s newsroom ingests a “stream of text messages” from reporters who are in court and summarizing the testimony, she explained. Then it’s up to Reid and her on-air colleagues to put it in context.

    That’s where her legal background helps. Reid passed the bar exam twice and worked in a prosecutor’s office in Chester County, Pennsylvania, before pivoting into journalism. Legal fluency helps when “talking to lawyers, talking to sources, asking good questions,” she said.

    Reid has been covering Trump legal controversies for the better part of a decade, so she is intimately familiar with the “infighting” and power struggles among past Trump lawyers. “I think the hardest thing with the Trump legal team is there is so much turnover,” Reid explained, but Trump’s current team for the New York hush money trial “is probably the most solid one” he has had overall.

    Reid is noticeably well sourced in Trump’s legal orbit. She said his defense lawyers, Todd Blanche and Susan Necheles, are confident about their chances, in part because “it’s a weird case,” with a felony charge for falsifying business records. “A paperwork case for a man who doesn’t leave a paperwork trail is challenging,” she noted. Therefore, the prosecution’s success rests largely on Cohen, who underwent cross-examination on Thursday.

    The parade of witnesses has progressed largely as expected for the past few weeks. Given the climate of intimidation that Trump is known for, “the biggest surprise, to me, is that we haven’t lost more jurors,” Reid said. “It’s an incredibly stressful thing to be caught in his crosshairs…So I’m surprised. Maybe it just speaks to the toughness of Manhattanites.”

    After watching the jurors remain attentive during “deadly boring” accountant testimony, Reid concluded that they “have accepted the risk” and “understand the gravity of what they have been tasked with.” She added, “I’m pretty sure you could stop any subway car in Manhattan, take the first 18 people—because there’s 12 jurors and then you have the alternates—this would be them. It’s very diverse and just really looks like it represents any dozen or so people on the streets of Manhattan.”

    Brian Stelter

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  • The ‘heart’ of Alvin Bragg’s case against Trump is misdirection

    The ‘heart’ of Alvin Bragg’s case against Trump is misdirection

    Porn star Stormy Daniels says she had sex with Donald Trump at a Lake Tahoe hotel in July 2006. To keep her from telling that story, former Trump fixer Michael Cohen says, “the boss” instructed him to pay Daniels $130,000 shortly before the 2016 presidential election.

    Manhattan District Attorney Alvin Bragg says that nondisclosure agreement was a serious crime that undermined democracy by concealing information from voters. Of these three accounts, Bragg’s is the least credible.

    “This was a planned, coordinated, long-running conspiracy to influence the 2016 election, to help Donald Trump get elected through illegal expenditures, to silence people who had something bad to say about his behavior,” lead prosecutor Matthew Colangelo said at the beginning of Trump’s trial last month. “It was election fraud, pure and simple.”

    Contrary to Colangelo’s spin, there is nothing “pure and simple” about the case against Trump. To begin with, Trump is not charged with “conspiracy” or “election fraud.” He is charged with violating a New York law against “falsifying business records” with “intent to defraud.”

    Trump allegedly did that 34 times by disguising his 2017 reimbursement of Cohen’s payment to Daniels as compensation for legal services. The counts include 11 invoices from Cohen, 11 corresponding checks, and 12 ledger entries.

    Falsifying business records, ordinarily a misdemeanor, becomes a felony when the defendant’s “intent to defraud” includes an intent to conceal “another crime.” Bragg says Trump had such an intent.

    What crime did Trump allegedly try to conceal? Prosecutors say it was a violation of an obscure New York law that makes it a misdemeanor for “two or more persons” to “conspire to promote or prevent the election of any person to a public office by unlawful means.”

    Why was the Daniels payment “unlawful”? By fronting the money, federal prosecutors argued in 2018, Cohen made an excessive campaign contribution.

    Cohen accepted that characterization in a 2018 plea agreement that also resolved several other, unrelated charges against him. But Trump was never prosecuted for soliciting that “contribution,” and there are good reasons for that.

    Such a case would have hinged on the assumption that Trump, in paying off Daniels, was trying to promote his election rather than trying to avoid embarrassment. While the first interpretation is plausible, proving it beyond a reasonable doubt would have been difficult, as illustrated by the unsuccessful 2012 prosecution of Democratic presidential candidate John Edwards, which was based on similar but seemingly stronger facts.

    Federal prosecutors would have had to prove that Trump “knowingly and willfully” violated the Federal Election Campaign Act. But given the fuzziness of the distinction between personal and campaign expenditures, it is plausible that Trump did not think paying Daniels for her silence was illegal.

    In any event, the Justice Department did not pursue that case, the statute of limitations bars pursuing it now, and Bragg has no authority to enforce federal campaign finance regulations. Instead, he is relying on a moribund New York election law that experts say has never been enforced before.

    That attempt to convert a federal campaign finance violation into state felonies is so legally dubious that Bragg’s predecessor, Cyrus R. Vance Jr., rejected the idea after long consideration. It reeks of political desperation and validates Trump’s complaint that Democrats are attempting “election interference” by undermining his current presidential campaign.

    As Bragg tells it, Trump is the one who committed “election interference,” which the D.A. describes as “the heart of the case.” Bragg says his prosecutors “allege falsification of business records to the end of keeping information away from the electorate.”

    Cohen, whom the defense team accurately describes as a convicted felon and admitted liar with a grudge against his former boss, is the only witness who has tied Trump to the production of those records. And since they were produced after the election, Bragg’s narrative is nonsensical as well as irrelevant—a point that should not be obscured by the salacious details of Daniels’ story.

    © Copyright 2024 by Creators Syndicate Inc.

    Jacob Sullum

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  • Appeals court upholds gag order in Trump hush money trial, Cohen gives more testimony

    Appeals court upholds gag order in Trump hush money trial, Cohen gives more testimony

    NEW YORK – A New York appeals court on Tuesday upheld the gag order in Donald Trump’s hush money trial, finding that the judge “properly determined” that Trump’s public statements “posed a significant threat to the integrity of the testimony of witnesses and potential witnesses in this case as well.”

    Trump had asked the state’s intermediate appeals court to lift or modify the gag order, which bars him from commenting publicly about jurors, witnesses and others connected to the case, including Judge Juan M. Merchan’s family and prosecutors other than District Attorney Alvin Bragg.

    At an emergency hearing last month, just days before the trial started, Trump’s lawyers argued that the gag order is an unconstitutional curb on the presumptive Republican nominee’s free speech rights while he’s campaigning for president and fighting criminal charges.

    In its ruling, the five-judge appeals panel noted that Trump wasn’t claiming that the gag order had infringed on his right to a fair trial. Rather, Trump’s lawyers argued that prohibiting him from commenting restricted his ability to engage in protected political speech and could adversely impact on his campaign.

    The appeals court ruled that Merchan “properly weighed” Trump’s free speech rights against the “historical commitment to ensuring the fair administration of justice in criminal cases, and the right of persons related or tangentially related to the criminal proceedings from being free from threats, intimidation, harassment, and harm.”

    THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.

    NEW YORK (AP) — Donald Trump’s fixer-turned-foe Michael Cohen returned to the witness stand Tuesday, testifying in detail about how the former president was linked to all aspects of the hush money scheme that prosecutors say was an illegal effort to purchase and then bury stories that threatened his 2016 campaign.

    Trump, the first former U.S. president to go on trial, was joined at the courthouse by an entourage of GOP lawmakers that included House Speaker Mike Johnson and others considered vice presidential contenders for Trump’s 2024 campaign. Their presence was a not-so-subtle show of support meant not just for Trump, but also for voters tuning in to trial coverage and for the jurors deciding Trump’s fate.

    As proceedings began, Johnson held a news conference outside the courthouse, using his powerful pulpit to attack the U.S. judicial system. It was a remarkable moment in American politics as the person second in line to the presidency sought to turn his political party against the rule of law by declaring the Manhattan criminal trial illegitimate.

    “I do have a lot of surrogates, and they’re speaking very beautifully,” Trump said before court as the group gathered in the background. “And they come … from all over Washington. And they’re highly respected, and they think this is the greatest scam they’ve ever seen.”

    Cohen, meanwhile, resumed his place on the witness stand as prosecutor Susan Hoffinger worked to paint him as a Trump loyalist who committed crimes on behalf of the former president.

    Cohen told jurors that he lied to Congress during an investigation into potential ties between Russia and the 2016 Trump campaign to protect Trump. He also described for jurors the April 2018 raid by law enforcement on his apartment, law firm, a hotel room where he stayed and a bank where he stashed valuables.

    “How to describe your life being turned upside-down. Concerned. Despondent. Angry,” he said.

    “Were you frightened?” Hoffinger asked.

    “Yes, ma’am.”

    But he said he was heartened by a phone call from Trump that he said gave him reassurance and convinced him to remain “in the camp.”

    He said to me, ‘Don’t worry. I’m the president of the United States. There’s nothing here. Everything’s going to be OK. Stay tough. You’re going to be OK,’” Cohen testified.

    Cohen told jurors that “I felt reassured because I had the president of the United States protecting me … And so I remained in the camp.”

    But their relationship soured, and now Cohen is one of Trump’s most vocal critics. His testimony is central to the Manhattan case.

    Cohen testified that after paying out $130,000 to porn actress Stormy Daniels in order to keep her quiet about an alleged sexual encounter, Trump promised to reimburse him. He said Trump was constantly apprised of the behind-the-scenes efforts to bury stories feared to be harmful to the campaign.

    Jurors followed along as Hoffinger, in a methodical and clinical fashion, walked Cohen through that reimbursement process. It was an attempt to show what prosecutors say was a lengthy deception to mask the true purpose of the payments. As jurors were shown business records and other paperwork, Cohen explained their purpose and reiterated again and again that the payments were reimbursements for the hush money. They weren’t for legal services he provided or for a retainer, he said.

    It’s an important distinction, because prosecutors allege that the Trump records falsely described the purpose of the payments as legal expenses. These records form the basis of 34 felony counts charging Trump with falsifying business records. All told, Cohen was paid $420,000, with funds drawn from a Trump personal account.

    “Were the descriptions on this check stub false?” Hoffinger asked.

    “Yes,” Cohen said.

    “And again, there was no retainer agreement,” Hoffinger asked.

    “Correct,” Cohen replied.

    Trump has pleaded not guilty and also denies that any of the encounters took place.

    During his time on the witness stand, Cohen delivered matter-of-fact testimony that went to the heart of the former president’s trial: “Everything required Mr. Trump’s sign-off,” Cohen said. He told jurors that Trump did not want Daniels’ account of a sexual encounter to get out. At the time, Trump was especially anxious about how the story would affect his standing with female voters.

    A similar episode occurred when Cohen alerted Trump that a Playboy model was alleging that she and Trump had an extramarital affair. “Make sure it doesn’t get released,” was Cohen’s message to Trump, according to testimony. The woman, Karen McDougal, was paid $150,000 in an arrangement that was made after Trump received a “complete and total update on everything that transpired.”

    “What I was doing, I was doing at the direction of and benefit of Mr. Trump,” Cohen testified.

    Prosecutors believe Cohen’s insider knowledge is critical to their case. But their reliance on a witness with such a checkered past — Cohen pleaded guilty to federal charges related to the payments — also carries sizable risks with a jury.

    The men, once so close that Cohen boasted that he would “take a bullet” for Trump, had no visible interaction inside the courtroom. The sedate atmosphere was a marked contrast from their last courtroom faceoff in October, when Trump walked out of the courtroom after his lawyer finished questioning Cohen during his civil fraud trial.

    Throughout Cohen’s testimony Tuesday, Trump reclined in his chair with his eyes closed and his head tilted to the side. He shifted from time to time, occasionally leaning forward and opening his eyes, making a comment to his attorney before returning to his recline. Even some of the topics that have animated him the most as he campaigns didn’t stir his attention.

    Trump’s lawyers will get their chance to question Cohen as early as Tuesday, when they’re expected to attack his credibility. He was disbarred, went to prison and separately pleaded guilty to lying about a Moscow real estate project on Trump’s behalf.

    ___

    Long reported from Washington. Associated Press writers Jill Colvin in New York and Lisa Mascaro in Washington contributed to this report.

    Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

    Michael R. Sisak, Eric Tucker, Michelle L. Price And Colleen Long, Associated Press

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  • Michael Cohen returns to Trump trial for second day of testimony

    Michael Cohen returns to Trump trial for second day of testimony

    Michael Cohen is returning to the witness stand in former President Donald Trump’s New York trial on Tuesday for his second day of testimony against his longtime boss.

    Cohen served as Trump’s personal attorney for nearly a decade before he entered the White House in 2017. He testified on Monday that Trump directly approved of a plan to reimburse him for a $130,000 payment he made before the 2016 election to Stormy Daniels, an adult film star who was selling her story of an alleged sexual encounter with Trump. 

    Those reimbursements were made over the course of the year and documented as payments for Cohen’s legal services in the Trump Organization’s records. Trump faces 34 felony counts of falsifying business records, one count for each invoice, check and voucher created in connection with the payments to Cohen. He has pleaded not guilty and denies having sex with Daniels.

    On the stand Monday, Cohen said Trump signed off on the plan to reimburse him during a meeting at Trump Tower. He told jurors that Trump was shown notes from a Trump Organization executive tallying the total amount he was owed: $420,000, which included enough to cover taxes and a bonus for Cohen.

    Trump’s attorneys have not yet had their chance to question Cohen. They are expected to zero in on Cohen’s extensive credibility issues. The former attorney previously pleaded guilty to lying to Congress and has admitted to lying under oath several other times. 

    The defense is also likely to question Cohen’s motivations for testifying. Since falling out of favor with Trump in 2018, Cohen has become a vocal critic of his former boss, using his books, podcasts and media appearances to cheerlead the cases against him.

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  • Star witness Michael Cohen directly implicates Trump in testimony at hush money trial

    Star witness Michael Cohen directly implicates Trump in testimony at hush money trial

    NEW YORK — Donald Trump was intimately involved with all aspects of a scheme to stifle stories about sex that threatened to torpedo his 2016 campaign, his former lawyer said Monday in matter-of-fact testimony that went to the heart of the former president’s hush money trial.

    “Everything required Mr. Trump’s sign-off,” said Michael Cohen, Trump’s fixer-turned-foe and the prosecution’s star witness in a case now entering its final, pivotal stretch.

    In hours of highly anticipated testimony, Cohen placed Trump at the center of the hush money plot, saying the then-candidate had promised to reimburse the lawyer for the money he fronted and was constantly updated about behind-the-scenes efforts to bury stories feared to be harmful to the campaign.

    John Santucci has the latest on the trial.

    “Stop this from getting out,” Cohen, the prosecution’s star witness, quoted Trump as telling him in reference to porn actor Stormy Daniels’ account of a sexual encounter with Trump a decade earlier.

    A similar episode occurred when Cohen alerted Trump that a Playboy model was alleging that she and Trump had an extramarital affair. “Make sure it doesn’t get released,” Cohen said Trump told him. The woman, Karen McDougal, was paid $150,000 in an arrangement that was made after Trump received a “complete and total update on everything that transpired.”

    “What I was doing was at the direction of and benefit of Mr. Trump,” Cohen testified.

    Cohen is by far the prosecution’s most important witness, and though his testimony lacked the electricity that defined Daniels’ turn on the stand, he nonetheless linked Trump directly to the payments and helped illuminate some of the drier evidence such as text messages and phone logs that jurors have seen.

    Michael Cohen testifies on the witness stand with a National Enquirer cover story about Donald Trump displayed on a screen in Manhattan criminal court, May 13, 2024, in New York.

    Elizabeth Williams via AP

    The testimony of a witness with such intimate knowledge of Trump’s activities could heighten the legal exposure of the presumptive Republican presidential nominee if jurors deem him sufficiently credible. But prosecutors’ reliance on a witness with such a checkered past – Cohen pleaded guilty to federal charges related to the payments – also carries sizable risks with a jury and could be a boon to Trump politically as he fundraises off his legal woes and paints the case as the product of a tainted criminal justice system.

    The men, once so close that Cohen boasted that he would “take a bullet” for Trump, had no visible interaction inside the courtroom. The sedate atmosphere was a marked contrast from their last courtroom faceoff, when Trump walked out of the courtroom in October after his lawyer finished questioning Cohen during his civil fraud trial.

    This time around, Trump sat at the defense table with his eyes closed for long stretches of testimony as Cohen recounted his decade-long career as a senior Trump Organization executive, doing work that by his own admission sometimes involved lying and bullying others on his boss’s behalf.

    Jurors had previously heard from others about the tabloid industry practice of “catch-and-kill,” in which rights to a story are purchased so that it can then be quashed. But Cohen’s testimony, which continues Tuesday, is crucial to prosecutors because of his direct communication with the then-candidate about embarrassing stories he was scrambling to suppress.

    Cohen also matters because the reimbursements he received from a $130,000 hush money payment to Daniels, which prosecutors say was meant to buy her silence in advance of the election, form the basis of 34 felony counts charging Trump with falsifying business records. Prosecutors say the reimbursements were logged, falsely, as legal expenses to conceal the payments’ true purpose.

    Under questioning from a prosecutor, Cohen detailed the steps he took to mask the payments. When he opened a bank account to pay Daniels, an action he said he told Trump he was taking, he said it was for a new limited liability corporation but withheld the actual purpose.

    “I’m not sure they would’ve opened it,” he said, “if it stated: ‘to pay off an adult film star for a non-disclosure agreement.’”

    To establish Trump’s familiarity with the payments, Cohen said Trump had promised to reimburse him and called him while the lawyer was on a December 2016 family vacation. Trump told him: “Don’t worry about that other thing. I’m going to take care of it when you get back.”

    The two men even discussed with Allen Weisselberg, a former Trump Organization chief financial officer, how the reimbursements would be paid as “legal expenses” over monthly installments, Cohen testified.

    And though Trump’s lawyers have said he acted to protect his family from salacious stories, Cohen described Trump as preoccupied instead by the impact they would have on the campaign. He said Trump implored him to delay finalizing the Daniels transaction until after Election Day so he wouldn’t have to pay her.

    “Because,” Cohen testified, “after the election it wouldn’t matter” to Trump.

    Cohen also gave jurors an insider account of his negotiations with David Pecker, the then-publisher of the National Enquirer, who was such a close Trump ally that Pecker told Cohen his publication maintained a “file drawer or a locked drawer” where files related to Trump were kept. That effort took on added urgency following the October 2016 disclosure of an “Access Hollywood” recording in which Trump was heard boasting about grabbing women sexually.

    The Daniels payment was finalized several weeks after that revelation, but Monday’s testimony also centered on a deal earlier that fall with McDougal.

    Cohen testified that he went to Trump immediately after the National Enquirer alerted him to a story about the alleged McDougal affair. “Make sure it doesn’t get released,” he said Trump told him.

    Trump checked in with Pecker about the matter, asking him how “things were going” with it, Cohen said. Pecker responded: “‘We have this under control, and we’ll take care of this,’” Cohen testified.

    Cohen also said he was with Trump as Trump spoke to Pecker on a speakerphone in his Trump Tower office.

    “David stated it would cost $150,000 to control the story,” Cohen said. He quoted Trump as saying: “No problem, I’ll take care of it,” meaning that the payments would be reimbursed.

    To lay the foundation that the deals were done with Trump’s endorsement, prosecutors elicited testimony from Cohen designed to show Trump as a hands-on manager. Acting on Trump’s behalf, Cohen said, he sometimes lied and bullied others, including reporters.

    “When he would task you with something, he would then say, ‘Keep me informed. Let me know what’s going on,’” Cohen testified. He said that was especially true “if there was a matter that was troubling to him.”

    Defense lawyers have teed up a bruising cross-examination of Cohen, telling jurors during opening statements that he’s an “admitted liar” with an “obsession to get President Trump.”

    Prosecutors aim to blunt those attacks by acknowledging Cohen’s past crimes to jurors and by relying on other witnesses whose accounts, they hope, will buttress Cohen’s testimony. They include a lawyer who negotiated the hush money payments on behalf of Daniels and McDougal, as well as Pecker and Daniels.

    Cohen’s role as star prosecution witness further cements the disintegration of a mutually beneficial relationship. After Cohen’s home and office were raided by the FBI in 2018, Trump showered him with affection on social media, praising him as a “fine person with a wonderful family” and predicting – incorrectly – that Cohen would not “flip.”

    Months later, Cohen did exactly that, pleading guilty that August to federal campaign-finance charges in which he implicated Trump. By that point, the relationship was irrevocably broken, with Trump posting on the social media platform then known as Twitter: “If anyone is looking for a good lawyer, I would strongly suggest that you don’t retain the services of Michael Cohen!”

    Cohen later admitted lying to Congress about a Moscow real estate project that he had pursued on Trump’s behalf during the heat of the 2016 campaign. He was sentenced to three years in prison, but spent much of it in home confinement.

    Copyright © 2024 by The Associated Press. All Rights Reserved.

    AP

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