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Tag: trump hush money trial

  • Running From Inside

    Running From Inside

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    Donald Trump’s guest list in court includes Lara Trump, Eric Trump, Lauren Boebert, Mike Johnson, Judge Jeanine, Matt Gaetz, Susie Wiles, Vivek Ramaswamy, and J.D. Vance (among others).
    Art: Isabelle Brourman

    Another day in paradise at the courthouse!” Jason Miller told me. A former aide to Rudy Giuliani, Miller was a Republican operative well known in New York and Washington, D.C., when he became a senior communications adviser on Trump’s first presidential campaign. Since then, he has floated in and out of official roles with a stint in the middle at Gettr, a rival to Trump’s own Truth Social. For the 2024 campaign, he holds the vague title of senior adviser; in practice, he is more like Trump’s shadow, his status in the campaign hierarchy confirmed by his fixed proximity to the candidate. On this occasion, he was speaking from a holding room adjacent to the 15th-floor courtroom where Trump now spends most of his weekdays captive to the whims of a judge. From roughly 9 a.m. to 4 p.m. on Mondays, Tuesdays, Thursdays, and Fridays, the court maintains custody of the candidate. On Wednesdays, Saturdays, and Sundays, the campaign gets custody of the defendant. Donald J. Trump for President 2024 has, by necessity, moved its operational headquarters from Palm Beach to the criminal court at 100 Centre Street.

    While the area outside the courthouse has become an open-mic lounge for MAGA sycophants and Republican leaders who have determined they must convincingly mimic the behaviors of those political animals to survive in Trump’s kingdom, the holding room is where Miller and other campaign officials monitor trial proceedings as they tend to the business of trying to install Trump back in the White House. “We can listen and watch what’s going on, and we can do important things like call you back,” Miller said in his perma-ironic lilt. “He’s full time in the courtroom, and he’s somehow full time on the campaign trail. We are maximizing every single minute the president has. If we can’t be on the campaign trail, we’ll bring the campaign trail to President Trump.”

    It’s The Campaign Trial.

    Some Trump 2024 campaign staff began their migration back to New York in April when jury selection got underway. In 2016, the campaign was run from a studio on the fifth floor of Trump Tower, where The Apprentice was once filmed, and the 2020 reelect was based in a sleek building in Rosslyn, Virginia, across the Potomac from the White House. But unlike on most campaigns, the real nerve center of the operation was always the area directly surrounding the candidate; to work in an office and out of Trump’s sight was to run the risk of falling out of the loop or an internal rival getting in his ear and killing you off. Trump was — is — simply too vulnerable to influence and too inclined to chaos. As his 2016 rally schedule became more grueling, with the 757 crisscrossing the country throughout the week, senior leadership kept themselves at his side and on the road. Whenever possible, Trump would fly back to New York, preferring to spend his nights in his own bed. History’s greatest extrovert is, paradoxically, a homebody, and his residences — Trump Tower, the White House, Mar-a-Lago, Bedminster — are always also his places of business. For Trump 2024, a rotation of staffers travels with the candidate wherever he goes, forming a roving satellite campaign that, until the verdict is in, finds itself stationed mostly in lower Manhattan. Adapted to Florida heat, Trump had trouble adjusting to the initially freezing temperatures inside the courtroom, which is now quite warm (though Trump and his disciples, even as some of them visibly sweat while seated behind their leader during the proceedings, insist it’s still cold).

    With the candidate out of control of his own whereabouts on trial days, the campaign must be run from wherever the defendant happens to be. Often, that means the motorcade on the way downtown to the courthouse in the morning or back uptown at the end of the day. “We use things such as traveling on the plane, even traveling from Trump Tower to the courthouse,” Miller said. It was “fake news,” he added, when asked if it was true that Trump fell asleep in the car. “Sometimes we’ll meet with him in his office in Trump Tower on the 26th floor. Sometimes there’ll be meetings in the personal residence. It’s a balance because he’s been forced to essentially be full time here in the courtroom.” When he’s in the courtroom, the campaign hums along elsewhere in the building, making it a kind of co-working space for Team Trump and the other defendants who await their own court appearances in literal jail cells on adjacent floors.

    During trial proceedings on May 13, Trump appeared to be most awake and alert while reviewing polling numbers as others around him — a roomful of lawyers and a jury who will decide whether to make him the first former president in American history to be convicted of a crime — focused on the case. A Trump assistant reportedly travels with a portable printer for the purpose of keeping him updated on news related to his existence in analog, his preferred medium. “It’s the staff’s job to keep him informed of what’s happening while he’s in the icebox,” Miller said.

    Miller denied that the campaign is run from the courthouse war room where he admits he now spends many of his weekdays running the campaign. “Far from it,” he said. “Susie Wiles and Chris LaCivita run the campaign from our headquarters in West Palm Beach.” But senior campaign officials have been spotted filing into the two rows of benches on the left side of the courtroom, behind the defendant, including Wiles herself, who made an appearance seated next to Eric Trump, the only immediate member of the family who has attended the proceedings so far. “I don’t think he wants us there,” Eric’s wife, Lara, now the nominal president of the Republican National Committee, told me last month at a Saturday-night cocktail party in Washington. “I think he wants to keep us away from that.” Of the trial itself, she added, “I mean, I think it’s ridiculous.” I told her it seemed lonely in the courtroom for her father-in-law. “And cold. And boring,” she said. Eric showed up for the first time soon after and has been a regular presence ever since, alongside Boris Epshteyn, an adviser recently indicted in Arizona for his role in the attempt to overturn the results of the 2020 election, and Andrew Giuliani, whose father, Rudy, was indicted in the same Arizona case. On Monday, Senator J. D. Vance attended the proceedings, a development that suggested Trump’s vice-presidential selection process had moved to the courthouse too. On Tuesday, Vance’s act was followed by Speaker of the House Mike Johnson (though only in the hallway), Vivek Ramaswamy, and Governor of One of the Dakotas Doug Burgum. Lara showed her face for the first time too — an admission that her initial read of her father-in-law’s desires was wrong or that those desires are evolving as the trial wears on. Thursday’s hearing brought a flock of eager Freedom Caucusers, including Representatives Matt Gaetz and Lauren Boebert.

    At the courthouse, I was thinking about Aristotle. Not because the law is reason free from passion but because he theorized that eels spring into existence through a kind of mud metamorphosis. Scientists now believe the European eel is spawned in the Sargasso Sea, then swims across the Atlantic, and when it reaches maturity, it migrates thousands of miles back there, to the location of its birth, to spawn and die. There is a similarly disorienting circular quality to Trump’s current stint in New York.

    What year is it? From his penthouse in Trump Tower, the candidate’s relationship to his phone is compulsive and his output on social media is prolific. He calls in to Hannity, his picture frozen onscreen as he offers rolling commentary on a breaking-news event in his familiar rasp. He fires off a post in which he says an MSNBC personality “looks like shit.” He emerges through the gilded doors of the Fifth Avenue high-rise dressed in his uniform of too-big Brioni suit and too-long red tie, trailed by security and yes-men and a beautiful assistant. He boards an idling SUV. He delivers a winding campaign speech with asides about Chris Christie, Hillary Clinton, and Frank Sinatra, and in exchange for the entertainment, his fans charge his life force with their attention. Miller is around. Dan Scavino too. So is Omarosa. And Hope Hicks. And Stormy Daniels. I’m on the phone with Sam Nunberg. I’m texting Michael Cohen, Kellyanne Conway, and Steve Bannon. Roger Stone is not speaking to me, and it’s anyone’s guess as to what he’s upset about this time. I’m sure he’ll get over it, whatever it is. He always does.

    The experience for many of those people is very different today, of course. Hicks is not his spokeswoman but a witness for the prosecution; when she arrived on the stand, she hadn’t seen Trump in about two years. Cohen is no longer his fixer but a witness, too. Daniels is not defined by her bought-and-paid-for silence but by her testimony. And Omarosa is still on television, as God intended, but when she sits down next to me for one of CNN’s Last Supper panels, it’s to spin against Trump, not on his behalf.

    For all witnesses, the experience of reliving the 2016 campaign has been blurring. Much was made of Hicks crying on the stand. Pundits speculated that the tears were the result of a realization that her testimony had damned her former boss. Yet just before she broke down, Hicks, a crier by nature, had been talking about February 2018, an era defined by her relationship falling apart and tabloids hounding her and 17 people getting shot to death at a high school in Parkland, Florida; at the time, she had to remind Trump to tell the victims’ families “I hear you.” She quit her job (for the first time) six weeks later. When the defense began cross-examination, Hicks was asked about the very start of her time with Trump — a man she had helped elect president of the United States; a man she maintained great personal affection for until he finally made that impossible as he squandered the presidency through his narcissism and sociopathy; a man who was now sitting feet away from her as a criminal defendant. Almost ten years earlier, when she accepted a casual invitation to fly with him to Iowa, she could not have imagined this was where she would land. Call her naïve, but she had been so hopeful then.

    Or take Cohen. He had lived much of his life in service to Trump. He was a company man, snapping up real estate in Trump buildings. Even now, after he had served time in prison for lying on his boss’s behalf and spent the ensuing years in what amounted to a protracted public-therapy session, trying to figure out why he had fallen victim to what he had come to see as a cult, he still lived in a Trump building on Park Avenue. In the weeks leading up to the trial, he was nervy and anxious. He lost sleep. He lost weight. He wanted to be a good witness. And he wanted revenge, definitely. But he also wanted something he knew he would probably never get. As he readied himself for this most cinematic of betrayals of his former boss — serving as the star witness in his criminal trial — he was desperate to understand how Trump had been able to betray him. Really, this was another way of asking if a man he once loved had ever loved him back.

    In the nine years since he began his unlikely political rise, Trump was elected president, impeached, voted out of office, and impeached again after he tried and failed to overturn the results of the election he lost and his supporters staged a violent attack on the Capitol. There were also innumerable outrages and absurdities that at any other time would have upended an administration and outright ended the political career of its leader.

    Yet despite or perhaps because of that, one of America’s two major political parties was fully remade in his image. The ideological topography of the country is now defined by a fault that splits it with about half the population convinced that he’s a savior and about half convinced that he belongs in jail for any number of the crimes he is alleged to have committed across 88 counts in four criminal indictments. Never mind the civil trials. And never mind the crimes against good taste.

    When Miller calls from the Trump courthouse war room and strikes an upbeat tone as he yaps about how he loves Diet Coke, the preferred beverage of his boss, so much so that he travels to the trial with his own supply of the stuff, it is tempting to laugh because, well, the campaign is being run from a criminal courthouse. (Trump must suffer without a steady hit of aspartame, however. “Nobody is allowed to bring Diet Cokes into the courtroom,” Miller said. Trump drinks it instead during lunch breaks — “He doesn’t have to request it. We have it there already,” per Miller — where he adheres to The Standard Trump Diet. McDonald’s, Miller said, is “one of our many menu options we have in rotation for court days.”)

    And yet despite or perhaps because of all this, it is possible and maybe even likely that Trump will become president again. Most general-election surveys show the former president functionally tied with President Joe Biden. When independent candidate Robert F. Kennedy Jr. is factored in, the tie becomes a Trump victory of more than four percentage points. “President Trump’s numbers just keep going up,” Miller said. “I don’t think this is having the effect that Biden and the Democrats hoped that it would.”

    From the perspective of the Trump campaign, the past few weeks have gone pretty well. If it feels like 2016 again, great. That was the election they managed to win, after all, even if the alleged means by which they achieved the outcome are the reasons they find themselves working from the courthouse today. “The excitement level feels like we’re in the home stretch of 2016,” Miller said. “The major difference this time,” he added, is not that the campaign is being run from a criminal courthouse but that the candidate is more experienced at running for president on his third attempt. “He knows exactly what he wants to say. So it’s really kind of the best of both worlds.”

    How could things be going better? If the candidate goes to jail for contempt, he’s a martyr. “I don’t mind being Nelson Mandela because I’m doing it for a reason,” Trump said. If he is found guilty, it’s a witch hunt, like he’s always said, and he’ll appeal. If he gets off, he was always right when he said, as he always has, that he did nothing wrong.

    Just as it was strangely true that each successive indictment seemed to make Trump a stronger candidate in the Republican primary, it is also the case that the trial is making him a better performer on the trail. At after-court stops and onstage at rallies, he has become a kind of SuperTrump, a monstrously turbocharged version of the original model. Quicker and noticeably happier. He even smiles.

    After court, Trump has made the most of his drives back uptown, stopping at bodegas and construction sites. On May 2, a campaign official told me to arrive at a fire station at 51st and Third by 3 p.m. Although Trump would be in court for another hour at least, a crowd of security and press formed across the street from the station. Half a dozen men dressed like mini-Trumps paced back and forth with purposeful expressions on their faces. At 5 p.m., Trump arrived by motorcade. He stepped out of his SUV holding two pizzas, which he raised in the air in the self-congratulatory manner of anyone arriving anywhere holding pizzas.

    He is, it seems, newly appreciative of his freedom, even as he repeatedly violates a gag order on the understanding that further violations of the gag order could land him in jail. “The Constitution is more important than jail,” he said, after a recent warning from the judge.

    In ads, he says, “They wanna take away my freedom because I will never let them take away your freedom… They’re not coming after me. They’re coming after you and I just happen to be standing in their way, and I will never be moving.” Outside the court, he sometimes answers questions from reporters but always makes good on his lifetime commitment to the cameras, the object with which he maintains the most important relationship in his life.

    At first I didn’t understand how he could be sleeping — or “closing his beautiful eyes,” as he says — through the events in court. Trump’s sleeplessness, revealed through at-all-hours social-media posts, was essential to his character. He bragged about needing only four hours a night.

    I thought back on the beginning of the trial, when news of a self-immolation came just as court broke for lunch. At the park across the street, the air was hot and hazy with burning flesh, which I now know is not just a smell but a texture. Reporters scrambled for information, and the NYPD arrived for a press conference. Before it started, we were due back inside with the defendant. The manifesto made clear that the man chose to set himself on fire at the trial because of the concentration of cameras but that he was not protesting Trump or Trump’s prosecution. It was a good bet the press would care about his display, which aired live, in part, behind reporters on CNN. But he was wrong. He died later that night. We barely ever talked about it again. A man had set himself on fire, but it wasn’t about Trump so it didn’t matter.

    After he lost in 2020 and before he was on trial in 2024, Trump worried about his relevance. He was very sensitive on the subject. “I’ve always been relevant,” he told me then. “Like, I’ve been in the mix.” Inside the courtroom, he never has to worry that our attention might drift away from him. Trump on trial is Trump at peace. Of course he can sleep easily.


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    Olivia Nuzzi

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  • Matt Gaetz Fancies Himself a Proud Boy

    Matt Gaetz Fancies Himself a Proud Boy

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    Photo: Mike Segar/Bloomberg via Getty Images

    Another day of Donald Trump’s hush-money trial, another day of Republicans acting weird in lower Manhattan. On Thursday, the antics were led by Florida representative and all-around disliked guy Matt Gaetz, who was there to show support for the former president by standing behind him and posting the photo on X. According to his caption, Gaetz fancies himself a Proud Boy:

    Gaetz was referencing Donald Trump’s comments from the first presidential debate in 2020, when he directed the Proud Boys — a far-right paramilitary group with a heavy presence at the Capitol riot — to “stand back and stand by” ahead of the election. Despite some Republican efforts to distance themselves from the group, Gaetz did what he was best at — making people angry for the sake of it.

    Gaetz, who is under investigation by the House Ethics Committee over allegations he had sex with a minor, was not the only scandal-prone Republican at the scene on Thursday. Colorado representative Lauren Boebert also traveled up to New York to speak outside the courthouse, where she said that Trump’s former fixer Michael Cohen has lied “in front of all branches of Congress.” As she began to speak, all of her Republican colleagues walked away, leaving her alone to face crowd chants of “Beetlejuice” — referring to the musical she was kicked out of last year for vaping and fondling her date.


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    Matt Stieb

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  • Trump Rages As Prosecutors In Hush Money Trial Estimate Two More Weeks To Finish Their Case – Update

    Trump Rages As Prosecutors In Hush Money Trial Estimate Two More Weeks To Finish Their Case – Update

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    UPDATE, 3:04 PM: The judge in Donald Trump‘s hush money trial hasn’t tossed the ex-president behind bars yet for violating a gag order, but the former Celebrity Apprentice host won’t be getting out of the courtroom anytime soon either.

    On a dry day in front of Judge Juan Merchan, the jury saw prosecutors put another Trump Organization accounting employee on the stand this afternoon in the start of the third week of Trump’s trial to walk jurors through the gritty details and record-keeping behind checks signed by the Art of the Deal author to his fixer and lawyer Michael Cohen.

    Deborah Tarasoff, who still works for Trump as an accounts payable supervisor, followed her former boss, the company’s retired comptroller, Jeffrey McConney on Monday in the Manhattan courtroom.

    Their testimony took up almost the entire day in court, and Tarasoff’s turn after lunch produced the only real courtroom fireworks. Trump’s lawyer Todd Blanche complained to Judge Merchan that prosecutors gave him just 30 minutes of advance notice that Tarasoff was their next witness. 

    After Tarasoff was done and jurors were sent home, Assistant Manhattan District Attorney Joshua Steinglass took exception to Blanche’s complaint. “I don’t like the impression being left that we’re somehow sandbagging the defense,” Steinglass said, adding that Trump’s legal team has the prosecution’s entire witness list, just not where they are in the queue. 

    Steinglass cited the judge’s contempt rulings against Trump for his public statements about other case witnesses — Cohen and hush-money recipient Stormy Daniels — as a reason for limiting the defense team’s access to the prosecution’s witness calendar. 

    Steinglass also said the prosecution needs about two more weeks from tomorrow to finish its case, but called that “a very, very rough estimate.” 

    Outside the court, Trump, who has clinched the GOP nomination for his third presidential run, told pool reporters, “The government just said they want two to three more weeks. That means they want to keep me off the trail for two to three more weeks. Now, anybody in there would realize there’s no case, they don’t have a case.” 

    “This is just a political witch hunt,” Trump added. “It’s election interfering, and this is really, truly election inference and it’s a disgrace, it’s a disgrace. And every poll I’m leading by a lot.”

    Tarasoff, questioned by Assistant District Attorney Chris Conroy, identified the invoices, vouchers, ledger entries, pay stubs and signed checks that prosecutors say are the falsified business records at the heart of their case. They went month by month through a year’s worth of payments to Cohen totaling $420,000, with Conroy repeating questions to the plain-spoken, white-haired Tarasoff. 

    “Do you recognize the signature?” Conroy said, meaning Trump’s spiky, Sharpie-width handwriting. 

    “Yes,” Tarasoff replied. 

    “Whose signature is that?” Conroy asked. 

    “Mr. Trump’s,” Tarasoff replied in an exchange repeated multiple times. 

    The payments to Cohen in 2017 were coded as a “legal expense” in the company’s electronic ledger, Tarasoff testified. Prosecutors say the payments in 2017 weren’t for legal work: They were reimbursements puffed up to $420,000 and disguised as monthly taxable income so Trump could quietly cover the $130,000 Cohen paid to Daniels in 2016. 

    Cohen paid Daniels for her silence during the 2016 election about a claim of a sexual encounter years earlier between her and the married real estate mogul and Celebrity Apprentice star. Trump denies the encounter ever happened. His lawyers have suggested that Cohen — who pleaded guilty and went to jail on charges related to the payment — was acting alone. 

    They’ve also argued that non-disclosure agreements like this one are routine — and legal — in business, that Trump was trying to spare his family embarrassment whether or not stories of infidelity were true, and that he also had a right to protect himself from salacious claims in the middle of an election.

    “There is nothing wrong with trying to influence an election: It’s called democracy,” Blanche said in opening arguments.

    The case resumes on Tuesday. Steinglass said he also wants to recall an earlier witness, Georgia Longstreet, a paralegal in the DA’s office who scoured Trump’s social media history for tweets and posts on Trump’s Truth Social network that jurors saw last week. One post from October of 2016 read, “Nothing ever happened with any of these women. Totally made up nonsense.” 

    Steinglass said Longstreet had more posts to share, but her testimony was kept short to accommodate a juror who needed to leave early for a medical appointment. Over objections from Blanche, Judge Merchan said he’ll allow Longstreet another turn in the witness box later this week, where she is expected to share more Trump posts. He ordered Steinglass to give Trump’s lawyers 24 hours notice of Longstreet’s testimony schedule so they can prepare their defense and cross-examination. 

    PREVIOUSLY, 11: 20 AM: Prosecutors in Donald Trump’s hush money trial walked jurors through the financial specifics of their case against the former president. 

    A former chief of accounting at the Trump Organization testified today that he was instructed to pay $420,000 to Trump’s lawyer, Michael Cohen, using a form of reimbursement that was totally unfamiliar to him.

    “Allen said we had to get some money for Michael,” former Trump company comptroller Jeffrey McConney said on the stand, referring to Cohen and to McConney’s supervisor, Trump CFO Allen Weisselberg, who is now in jail. 

    The company’s chief financial officer called McConney into a meeting in January of 2017 — the month of Trump’s inauguration as president — and presented him with a bank statement from Cohen that also contained handwritten notes and dollar amounts from Weisselberg.

    The bank statement listed a $130,000 payment to a lawyer representing porn actor Stormy Daniels. Prosecutors say the bank account was for a shell company set up by Cohen to pay Daniels’ lawyer. 

    Weisselberg’s notes showed dollar amounts totaling $420,000 to be paid to Cohen in monthly installments of $35,000 beginning in February of 2018.

    McConney spent three hours on the stand — over numerous defense objections — combing through invoices, emails, Trump company ledger entries, tax forms, and a government ethics filing as he was questioned by a prosecutor and then a defense lawyer about the payments to Cohen, which were billed by the company as legal work covered by a retainer agreement between Trump and Cohen.

    Prosecutors say the payments in 2017 weren’t for legal work, but were instead  reimbursements disguised as monthly taxable income so Trump could pay Cohen back for a $130,000 hush money payment to Daniels. According to prosecutors, the payments were made using illegally falsified paperwork including invoices from Cohen and official Trump company ledger entries.

    Weisselberg’s notes included an instruction to double the total amount that Cohen was claiming for expenses — $130,000 for the payment to Daniels’ lawyer, Keith Davidson, plus $50,000 to a tech company — to $360,000, which McConney interpreted as a way to cover Cohen’s tax obligations. Weisselberg also said to add a $60,000 bonus. 

    Assistant District Attorney Matthew Colangelo asked McConney if he was aware of anyone at the company ever asking for an expense reimbursement  — which isn’t something normally reported to the IRS — to be doubled to cover a tax bill. “No,” McConney said. 

    McConney testified that Weisselberg told him to hang on to Cohen’s bank statement, which McConney tucked into a payroll ledger kept in a locked cabinet in his office at Trump Tower. Weisselberg — who is serving a jail sentence on Rikers Island for perjury in connection with a civil case against Trump — never told him what specifically the payments were for beyond what he saw on the bank statement, McConney testified.

    But McConney, who recently retired after more than three decades with the Trump Organization, showed some skepticism of Cohen’s legal capabilities. 

    “What was his position?” Colangelo asked.

    “He said he was a lawyer,” McConney replied curtly. 

    Within days of McConney’s meeting with Weisselberg, he was receiving Cohen’s monthly invoices — forwarded by Weisselberg with no covering note — for $35,000 apiece “for services rendered” for each month there was an invoice. McConney forwarded the invoices to one of his staffers for payment. The checks to Cohen came initially from a trust that Trump set up to control his assets during his presidency, and later from Trump’s personal bank account — which meant that Trump had to personally sign the checks.

    “Somehow we’d have to get a package to the White House,” McConney testified.

    Emil Bove, a Trump defense lawyer, cross-examined McConney by highlighting email traffic between Cohen and Weisselberg that appeared to show Cohen was, in fact, still handling personal legal affairs for the president — now as Trump’s private attorney. After January 2017, Cohen was no longer employed by the Trump Organization. 

    Bove also pointed out that the obligations to Cohen were disclosed in the government ethics form that Trump signed and dated in May 2018, and that the ethics officer who reviewed and signed the document wrote, “I conclude that the filer is in compliance with applicable laws.”

    Over objections from the defense, Colangelo asked McConney if he had later come to learn that there were “matters that Allen Weisselberg kept you in the dark about.” McConney said yes. 

    Ted Johnson & Dominic Patten contributed to this report

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    Ted Johnson

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  • The Secret Tape That Will Roil the Trump Trial

    The Secret Tape That Will Roil the Trump Trial

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    Photo: Alex Kent/AFP via Getty Images

    During my career as a prosecutor, anytime I worked a case involving a large mafia takedown, defense lawyers would sidle up throughout arraignment day and ask this one key question: “So, is this a tape case?” There’s no insider lingo involved here; tape meant “tape,” as in, “Do you have my guy on tape?” When I’d answer “nope,” I’d see eyebrows raise in a Maybe there’s hope for my guy yet manner. But when I answered “yes,” I’d typically get a quick nod communicating that the defense lawyer understood it would be all about negotiating a guilty plea from that point on.

    Indeed, tapes are the prosecutor’s best friend — usually. But when Michael Cohen secretly recorded a phone call with his own client Donald trump in September 2016, he created a piece of evidence that could become a key part of Trump’s defense in his ongoing criminal trial in Manhattan.

    It’s not all bad news for the prosecutors, of course. The tape confirms an important pillar of the district attorney’s case: Trump plainly knew about and approved of hush money payments to women with whom he had allegedly had sexual dalliances years before. But that was never seriously in dispute. Trump’s lawyer conceded as much during his opening statement.

    Remember that the crime here is not payment of hush money — it’s falsification of business records around those payments to evade campaign-finance laws. The crime, in other words, lies in the accounting behind the hush-money payments. And Cohen’s tape casts doubt on a central element that the prosecution must prove to the jury beyond a reasonable doubt: that Trump was involved in the fraudulent scheme to structure reimbursements to Cohen to make the hush-money payments look like legal expenses.

    Let’s set the scene for Cohen’s recording of Trump. It’s September 2016, two months before the election. Cohen decides — for reasons that remain unclear but surely will be explored in depth when he testifies — to record a phone call with Trump without Trump’s knowledge. While it wasn’t illegal for Cohen to record his client, it was bizarre and brazenly unethical. Ask any defense lawyer whether he’s ever secretly recorded a client and watch him respond like you’ve just asked whether he ever ate a banana with the peel on. He’ll be more confused than offended. Why would anyone do that? Perhaps tellingly, Cohen never voluntarily came forward with the recording. Rather, the FBI seized it from his office when they executed a search warrant in 2018.  

    Any plausible explanation here will hurt Cohen’s credibility as a witness. Did Cohen secretly record other clients, too? Did he tape conversations with Trump beyond this one? If so, did he preserve or delete those recordings? Any claim by Cohen that he was playing good cop and trying to catch Trump in the act won’t fly. Cohen stayed by Trump’s side and continued to do his bidding for nearly another two years before he flipped in 2018 after the FBI search.

    The September 2016 call begins with Trump talking to somebody offline about unrelated business. When Trump turns his attention to the call, Cohen opens with “Great poll, by the way.” It’s jarring now, given Cohen’s all-consuming public hatred for Trump, to recall a time when Cohen was an eager sycophant, yelping giddily about any snippet of good news for the boss man.

    Cohen quickly raises the then-ongoing effort to pay off former Playboy model Karen McDougal, to “catch and kill” her story — to buy the rights and then bury it, that is. (The McDougal payoff is not part of the indictment, but the judge has ruled that the DA can introduce it as evidence to support the charged crimes, which center on a separate but similar scheme to pay off Stormy Daniels.)

    Cohen explains to Trump that “I need to open up a company for the transfer of all of that info regarding our friend David [Pecker], you know, so that — I’m going to do that right away … And I’ve spoken to Allen Weisselberg about how to set the whole thing up with …” Pecker was the DA’s first witness at trial; he was the chair of AMI, the company that published the National Enquirer, and he worked closely with Trump and Cohen to execute the “catch and kill” strategy. Weisselberg is the longtime Trump Organization chief financial officer, currently behind bars for committing perjury in the Trump Organization civil fraud trial earlier this year.

    Read Cohen’s words again and ask: Who exactly set up the accounting behind the hush-money payments? Remember — the crime isn’t the payment, it’s the structuring of those payments to make them look like legal expenses. On the recording, Cohen (the lawyer) explains to Trump (the client) that he has spoken with Weisselberg (the CFO) “about how to set the whole thing up.” Trump is characteristically uninterested in the nuances. He cuts Cohen off with a bottom-line question: “So what do we got to pay for this? One-fifty?” Trump obviously knows about and agrees to make the payments. But importantly, Cohen never actually explains to Trump how the payments will be structured. All Cohen says is that he and Weisselberg will “set the whole thing up.”

    Moments later, after some irrelevant cross talk, this exchange happens:

    COHEN: So, I’m all over that. And, I spoke to Allen about it, when it comes time for the financing, which will be —

    TRUMP: Wait a sec, what financing?

    COHEN: Well, I’ll have to pay him something.

    TRUMP: [Unintelligible] pay with cash …

    COHEN: No, no, no, no, no. I got it.

    TRUMP: … check.

    Once again, the dynamic is apparent. Trump is fine with paying McDougal to ensure her silence. But Cohen is the one handling the mechanics and internal accounting behind those payments. If anything, Trump seems clueless. It’s a bit unclear whether Trump suggests they pay by cash or by check. Either way, Cohen has something more complicated in mind — “the financing,” as he puts it. And when Trump suggests a straightforward one-time payment (“pay with cash,” likely meaning pay up front without financing, as a former Trump lawyer has reasonably explained), Cohen blows him off in favor of something more complicated: “No, no, no, no, no. I got it.”

    This, folks, is a problem for the prosecutors. Sure, they’ll advocate for a more favorable interpretation of the call. They’ll argue that the tape shows Trump knew about the McDougal hush-money payments (which he did) and that he spoke with Cohen about how to make those payments. But the tape makes plain that when it came to how those payments would be structured, transmitted, and internally logged — the actual crime charged, with respect to the Daniels payments — Cohen and Weisselberg led the way with Trump dimly apprised, if at all.

    The DA’s case has come in smoothly, so far, and it remains more likely than not that the jury will find Trump guilty. But I assure you: Prosecutors wish Cohen had never hit “record” on that call with his own client. Even if Cohen’s secret recording is a stalemate of sorts — even if it cuts both ways, helps and hurts both sides in some measure — that’s a problem for prosecutors. They’re the ones who have to prove their case beyond a reasonable doubt. As we prosecutors would sometimes say: If you’re explaining, you’re losing.

    This article originally appeared in the free CAFE Brief newsletter. You can find more analysis of law and politics from Elie Honig, Preet Bharara, Joyce Vance, and other CAFE contributors at CAFE.com

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    Elie Honig

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  • Full jury of 12 people, 6 alternates seated in Trump’s hush money trial in New York

    Full jury of 12 people, 6 alternates seated in Trump’s hush money trial in New York

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    A full jury of 12 people and six alternates was seated Friday in Donald Trump’s hush money case, setting the stage for expected opening statements next week in the first criminal trial of a former U.S. president.Lawyers spent days quizzing dozens of New Yorkers to choose the panel that has vowed to put their personal views aside and impartially judge whether the presumptive Republican presidential nominee is guilty or not. The jury includes a sales professional, a software engineer, an English teacher and multiple lawyers.Just after the jury was seated, emergency crews responded to a park outside the courthouse, where a person was on fire. People rushed over with a fire extinguisher and worked to bat the flames away before the person was taken away on a stretcher. The person’s condition was not immediately known.The trial will place Trump in a Manhattan courtroom for weeks, forcing him to juggle his dual role as criminal defendant and political candidate against the backdrop of his hotly contested race against President Joe Biden. It will feature salacious and unflattering testimony his opponent will no doubt seize on to try to paint him as unfit to return as commander in chief.Trump has spent the week sitting quietly in the courtroom as lawyers press potential jurors on their views about him in a search for any bias that could preclude them from hearing the case. During breaks in the proceedings, he has lashed out about the allegations and the judge to cameras in the hallway, using his mounting legal problems as a political rallying cry to cast himself of a victim.Video below: Trump gives remarks outside court on ThursdayOver several days, dozens of members of the jury pool have been dismissed after saying they don’t believe they can be fair. Others have expressed anxiety about having to decide such a consequential case with outsized media attention. The judge has ruled that their names will be known only to prosecutors, Trump and their legal teams.One woman who had been chosen to serve on the jury was dismissed Thursday after she raised concerns over messages she said she got from friends and family when aspects of her identity became public. On Friday, another woman broke down in tears while being questioned by a prosecutor about her ability to decide the case based only on evidence presented in court.“I feel so nervous and anxious right now,” the woman said. “I’m so sorry. I wouldn’t want someone who feels like this to judge my case either. I don’t want to waste the court’s time.”As more potential jurors were questioned Friday, Trump appeared to lean over at the defense table, scribbling on some papers and exchanging notes with one of his lawyers. He occasionally perked up and gazed at the jury box, including when one would-be juror said he had volunteered in a “get out the vote” effort for Hillary Clinton’s campaign. Another prospective juror got Trump’s attention when he mentioned that he follows the White House Instagram account, including when Trump was in office. Trump shot a grin at one man who was asked if he was married and joked that he had been trying to find a wife in his spare time, but “it’s not working.”Judge Juan Merchan is also expected to hold a hearing Friday to consider a request from prosecutors to bring up Trump’s prior legal entanglements if he takes the stand in the hush money case. Manhattan prosecutors have said they want to question Trump about his recent civil fraud trial that resulted in a $454 million judgment after a judge found Trump had lied about his wealth for years. He is appealing that verdict.The trial centers on a $130,000 payment that Michael Cohen, Trump’s former lawyer and personal fixer, made to porn actor Stormy Daniels to prevent her claims of a sexual encounter with Trump from becoming public in the final days of the 2016 race. Prosecutors say Trump obscured the true nature of the payments in internal records when his company reimbursed Cohen, who pleaded guilty to federal charges in 2018 and is expected to be a star witness for the prosecution.Trump has denied having a sexual encounter with Daniels, and his lawyers argue that the payments to Cohen were legitimate legal expenses.Trump faces 34 felony counts of falsifying business records. He could get up to four years in prison if convicted, though it’s not clear that the judge would opt to put him behind bars. Trump would almost certainly appeal any conviction.Trump is involved in four criminal cases, but it’s not clear that any others will reach trial before the November election. Appeals and legal wrangling have caused delays in the other three cases charging Trump with plotting to overturn the 2020 election results and with illegally hoarding classified documents.

    A full jury of 12 people and six alternates was seated Friday in Donald Trump’s hush money case, setting the stage for expected opening statements next week in the first criminal trial of a former U.S. president.

    Lawyers spent days quizzing dozens of New Yorkers to choose the panel that has vowed to put their personal views aside and impartially judge whether the presumptive Republican presidential nominee is guilty or not. The jury includes a sales professional, a software engineer, an English teacher and multiple lawyers.

    Just after the jury was seated, emergency crews responded to a park outside the courthouse, where a person was on fire. People rushed over with a fire extinguisher and worked to bat the flames away before the person was taken away on a stretcher. The person’s condition was not immediately known.

    The trial will place Trump in a Manhattan courtroom for weeks, forcing him to juggle his dual role as criminal defendant and political candidate against the backdrop of his hotly contested race against President Joe Biden. It will feature salacious and unflattering testimony his opponent will no doubt seize on to try to paint him as unfit to return as commander in chief.

    Trump has spent the week sitting quietly in the courtroom as lawyers press potential jurors on their views about him in a search for any bias that could preclude them from hearing the case. During breaks in the proceedings, he has lashed out about the allegations and the judge to cameras in the hallway, using his mounting legal problems as a political rallying cry to cast himself of a victim.

    Video below: Trump gives remarks outside court on Thursday

    Over several days, dozens of members of the jury pool have been dismissed after saying they don’t believe they can be fair. Others have expressed anxiety about having to decide such a consequential case with outsized media attention. The judge has ruled that their names will be known only to prosecutors, Trump and their legal teams.

    One woman who had been chosen to serve on the jury was dismissed Thursday after she raised concerns over messages she said she got from friends and family when aspects of her identity became public. On Friday, another woman broke down in tears while being questioned by a prosecutor about her ability to decide the case based only on evidence presented in court.

    “I feel so nervous and anxious right now,” the woman said. “I’m so sorry. I wouldn’t want someone who feels like this to judge my case either. I don’t want to waste the court’s time.”

    As more potential jurors were questioned Friday, Trump appeared to lean over at the defense table, scribbling on some papers and exchanging notes with one of his lawyers. He occasionally perked up and gazed at the jury box, including when one would-be juror said he had volunteered in a “get out the vote” effort for Hillary Clinton’s campaign.

    Another prospective juror got Trump’s attention when he mentioned that he follows the White House Instagram account, including when Trump was in office. Trump shot a grin at one man who was asked if he was married and joked that he had been trying to find a wife in his spare time, but “it’s not working.”

    Judge Juan Merchan is also expected to hold a hearing Friday to consider a request from prosecutors to bring up Trump’s prior legal entanglements if he takes the stand in the hush money case. Manhattan prosecutors have said they want to question Trump about his recent civil fraud trial that resulted in a $454 million judgment after a judge found Trump had lied about his wealth for years. He is appealing that verdict.

    The trial centers on a $130,000 payment that Michael Cohen, Trump’s former lawyer and personal fixer, made to porn actor Stormy Daniels to prevent her claims of a sexual encounter with Trump from becoming public in the final days of the 2016 race.

    Prosecutors say Trump obscured the true nature of the payments in internal records when his company reimbursed Cohen, who pleaded guilty to federal charges in 2018 and is expected to be a star witness for the prosecution.

    Trump has denied having a sexual encounter with Daniels, and his lawyers argue that the payments to Cohen were legitimate legal expenses.

    Trump faces 34 felony counts of falsifying business records. He could get up to four years in prison if convicted, though it’s not clear that the judge would opt to put him behind bars. Trump would almost certainly appeal any conviction.

    Trump is involved in four criminal cases, but it’s not clear that any others will reach trial before the November election. Appeals and legal wrangling have caused delays in the other three cases charging Trump with plotting to overturn the 2020 election results and with illegally hoarding classified documents.

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