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Live from the trial

by Tom Tomorrow

Monday, May. 20, 2024 Monday, May. 20, 2024 at 5:23:59am PDT

UPDATE: Monday, May 20, 2024 · 9:02:07 PM +00:00 · Tom Tomorrow

Judge hears from defense and prosecution back and forth, says he will reserve decision, see you tomorrow at 9:30. And that’s it for my day of live reports from the trial, thanks for reading!

UPDATE: Monday, May 20, 2024 · 8:52:18 PM +00:00 · Tom Tomorrow

Merchan, sounding incredulous to me: You’re asking me as a matter of law to declare Michael Cohen untrustworthy and take this case out of the jury’s hands.

“You said that his lies are irrefutable, do you think he’s going to fool twelve New Yorkers?”

UPDATE: Monday, May 20, 2024 · 8:45:58 PM +00:00 · Tom Tomorrow

Jury has left for the day. Prosecutor says she has about a half an hour left with Costello for tomorrow. Judge expects defense to rest tomorrow and jury will be dismissed. Blanche requesting an immediate order of dismissal — no dispute that Cohen provided legal services, he says. No evidence that invoices were entered falsely. Absolutely no false business filing. Secondly, no evidence that there’s any intent for fraud by President Trump. No attempt by Pres. Trump to mislead or falsify. No evidence that there’s any effort to conceal anything by Trump or anyone involved.

This is clearly going to get shot down immediately and feels like something the client is insisting on.

UPDATE: Monday, May 20, 2024 · 8:31:33 PM +00:00 · Tom Tomorrow

I’m sure that Mark Sumner has the details in his excellent aggregated liveblog but Costello is *really* combative with the prosecution.

UPDATE: Monday, May 20, 2024 · 8:13:43 PM +00:00 · Tom Tomorrow

Not sure my laptop battery is going to last to the end of the day so I’m going to go a bit slower on updates now.

UPDATE: Monday, May 20, 2024 · 8:09:09 PM +00:00 · Tom Tomorrow

video resumes. Costello has a chastised, hangdog demeanor that elicits laughter in the overflow room.

UPDATE: Monday, May 20, 2024 · 8:04:56 PM +00:00 · Tom Tomorrow

Judge: Mr. Costello I’d like to discuss proper decorum in my court. Chastises him for the “geez,” for giving him side eye. Starts to let jury back in so screen goes blank but we hear on audio: “are you staring me down? Clear the court.”

UPDATE: Monday, May 20, 2024 · 8:03:39 PM +00:00 · Tom Tomorrow

Costello making disgusted PFFFFT noise when another objection is sustained. Jury is asked to step out again.

UPDATE: Monday, May 20, 2024 · 8:00:10 PM +00:00 · Tom Tomorrow

Judge has to chastise Costello: when I sustain an objection you do not have to respond.

A moment later, another objection is sustained as he starts to talk, and he says, geez.

UPDATE: Monday, May 20, 2024 · 7:56:39 PM +00:00 · Tom Tomorrow

Costello: Michael Cohen said numerous times that President Trump knew nothing about the payments to Stormy Daniels, that he did this entirely on his own.

(Me, adding, out of the goodness of his heart I guess.)

UPDATE: Monday, May 20, 2024 · 7:53:57 PM +00:00 · Tom Tomorrow

Costello: Cohen was manic during first meeting, pacing around, saying his life was shattered. Asking what is his escape route. Several objections from prosecution sustained in short order.

Costello quoting Cohen: “I swear to god Bob, I don’t have anything on Donald Trump.”

Defense keeps trying to get something that Cohen said about Trump on the record, keeps getting shot down by judge.

UPDATE: Monday, May 20, 2024 · 7:45:12 PM +00:00 · Tom Tomorrow

Judge back, says he will allow defense some leeway but will not allow a trial within a trial as to the so called pressure campaign.

UPDATE: Monday, May 20, 2024 · 7:40:42 PM +00:00 · Tom Tomorrow

Defense says Costello will testify to Cohen’s perjury during this specific trial. Judge says I’m going to take five minutes, don’t leave the court.

UPDATE: Monday, May 20, 2024 · 7:39:15 PM +00:00 · Tom Tomorrow

Defense arguing that Costello expected testimony will address Cohen’s state of mind, not his credibility (the latter apparently not allowed at this stage, if I understand correctly.

UPDATE: Monday, May 20, 2024 · 7:34:14 PM +00:00 · Tom Tomorrow

Prosecution: Costello testimony should be limited to two questions where Cohen said he didn’t recall. Defense: this testimony is being offered to rebut a so-called “pressure campaign” from President Trump.

UPDATE: Monday, May 20, 2024 · 7:31:29 PM +00:00 · Tom Tomorrow

After a brief sidebar, Judge Merchan asks jurors to step outside for a few minutes.

UPDATE: Monday, May 20, 2024 · 7:29:11 PM +00:00 · Tom Tomorrow

Defense calls Robert Costello.

UPDATE: Monday, May 20, 2024 · 7:16:34 PM +00:00 · Tom Tomorrow

Defense calls Daniel Sitko, a paralegal for Blanche, who is questioning him. Sitko created an Excel spreadsheet of phone calls between Cohen and Costello.

UPDATE: Monday, May 20, 2024 · 7:13:08 PM +00:00 · Tom Tomorrow

Cohen steps down. The People rest. Counsels approach bench.

UPDATE: Monday, May 20, 2024 · 7:11:13 PM +00:00 · Tom Tomorrow

Blanche still trying to argue that the money Cohen received as reimbursement for the hush money was actually just reimbursement for legal services. I’d note it’s hard to reconcile that note that has Cohen and Weisselberg’s handwriting on it with this theory.

UPDATE: Monday, May 20, 2024 · 7:09:17 PM +00:00 · Tom Tomorrow

Blanche: In those 90 seconds, you spoke with Mr. Schiller about the problem with the 14 year old and had time to ask him to pass the phone to Mr. Trump and update him on everything going on, is that your testimony?

Cohen: correct.

(Remember I am paraphrasing some of this to keep up as best I can, do not use any of this as a source for a direct quote!)

UPDATE: Monday, May 20, 2024 · 7:03:10 PM +00:00 · Tom Tomorrow

Prosecution asks about the cost of going public to Cohen and his family, Cohen answers briefly, prosecution rests. Blanche back up.

UPDATE: Monday, May 20, 2024 · 7:00:01 PM +00:00 · Tom Tomorrow

Phone convo is with Keith Davidson. Cohen says on the recording, “He said to me, I hate the fact that we did it.” Cohen testifies that “he” refers to Trump, “it” refers to the Daniels payoff.

UPDATE: Monday, May 20, 2024 · 6:54:35 PM +00:00 · Tom Tomorrow

Speakers just blasted someone shouting WHAT WAS I GOING— at high volume so I think they solved their audio glitch. Court is still on break.

Correction: the line was from Cohen saying emphatically WHAT WOULD YOU DO IF YOU WERE ME. He adds, “Nobody’s thinking about Michael.”

UPDATE: Monday, May 20, 2024 · 6:50:33 PM +00:00 · Tom Tomorrow

They were about to play audio from a phone call but had a tech problem so we are once again taking a short break.

UPDATE: Monday, May 20, 2024 · 6:46:13 PM +00:00 · Tom Tomorrow

Trial resumes. Cohen on stand, Judge apologizes to jury and thanks them for their patience, says we were just taking care of some legal matters. Photo is introduced into evidence, asks Cohen if it accurately depicts Trump and Schiller together. Stipulation: parties have agreed that photographi s a still image taken at the end of a video, gives date and time. They spent at least a half an hour, maybe more, getting to that point and now we are moving along.

UPDATE: Monday, May 20, 2024 · 6:43:05 PM +00:00 · Tom Tomorrow

Prosecution and defense have resolved the issue, image will be submitted into evidence with a stipulation specifying the time it was recorded. Significance of that was not entirely clear to me.

UPDATE: Monday, May 20, 2024 · 6:36:45 PM +00:00 · Tom Tomorrow

It’s a real sticking point! Trial may adjourn, depending on outcome of defense huddle (three attorneys and Trump standing and whispering in a circle)

UPDATE: Monday, May 20, 2024 · 6:29:15 PM +00:00 · Tom Tomorrow

Defense objecting that “this is not how a trial works,” to introduce this piece of evidence after direct examination is over. Prosecution trying to get the CSPAN witness from earlier in the trial back in to testify to the veracity of the image. Judge wants to know if they can be here at 9:30 tomorrow (from DC, presumably?). Says in passing, “we could just adjourn for the day.” Trial is now paused, video feed cut off, while they recess briefly to try to sort this one out.

UPDATE: Monday, May 20, 2024 · 6:24:45 PM +00:00 · Tom Tomorrow

The jury was excused for lunch early, and after they left and now, before they have come back in, defense and prosecution are wrangling over the introduction of an image from CSPAN that puts Schiller and Trump together at a moment when the defense wants to claim that Cohen could not possibly have talked to both of them in the same time frame. It’s like being able to listen in on a sidebar.

UPDATE: Monday, May 20, 2024 · 6:16:22 PM +00:00 · Tom Tomorrow

Watching Trump on the courtroom video feed is probably the closest most of us will ever get to seeing him unguarded. As I discuss in the text accompanying this week’s cartoon, I watched his post-game presser last Monday, and the contrast between that and his demeanor in court makes me think that I’m seeing him in “standby” mode, with no crowd to play to. He just powers down and closes his eyes.

UPDATE: Monday, May 20, 2024 · 4:42:38 PM +00:00 · Tom Tomorrow

Cohen asked to identify people in a photo. He starts out, “I recognize President Trump…” At the defense table, Blanche reaches out and bops Trump on the shoulder. I have no idea why but from here it looks like he’s indicating, “Hey, that’s you!” Trump makes no response.

UPDATE: Monday, May 20, 2024 · 4:38:46 PM +00:00 · Tom Tomorrow

Cohen again explaining how he used an A.I. search engine which supplied non-existent case citations for his appeal for early release. The real takeaway of the Trump trial: don’t trust A.I.

UPDATE: Monday, May 20, 2024 · 4:30:52 PM +00:00 · Tom Tomorrow

Prosecution: did you provide a retainer agreement for work you did for Pres. Trump in 2017?

Cohen: No ma’am.

Prosecution: Why is that?

Cohen: I never expected to be paid.

UPDATE: Monday, May 20, 2024 · 4:27:09 PM +00:00 · Tom Tomorrow

Trump’s eyes are closed more often than not, and I’m trying to think of how to describe his default expression. Best I can come up with is “resting grumpyface.”

UPDATE: Monday, May 20, 2024 · 4:07:56 PM +00:00 · Tom Tomorrow

Trump was upset because he was at the bottom of a CNBC poll of “most famous businessmen.” Red Finch was hired to create an algo “through the acquisition of IP addresses” to ensure that Trump would rise in the poll. Initially he wanted to be number one but they were afraid it would raise red flags. As long as he was top ten it would go into another round. They had to purchase more and more IP addys due to “volume” of poll responses. Ultimately Trump was number nine. CNBC did not continue on with the poll so Trump felt he did not get results from Red Finch, didn’t want to pay them.

UPDATE: Monday, May 20, 2024 · 4:02:07 PM +00:00 · Tom Tomorrow

Before cross examination ended Blanche asked Cohen if Trump conviction would benefit him personally. Cohen demurred, saying it would be better for him if Trump is not convicted. “It gives me more to talk about in the future.” Laughter in the overflow room.

UPDATE: Monday, May 20, 2024 · 3:58:18 PM +00:00 · Tom Tomorrow

After pointing out that Cohen has lied under oath Blanche asks if he is certain that the phone conversations with Trump were about Stormy Daniels. Cohen says no doubt in his mind. Blanche says no further questions, so I guess we’re on to re-direct now.

UPDATE: Monday, May 20, 2024 · 3:55:46 PM +00:00 · Tom Tomorrow

Blanche is trying to drive home point that Cohen will lie under oath if it affects him personally.

UPDATE: Monday, May 20, 2024 · 3:54:03 PM +00:00 · Tom Tomorrow

Blanche: Do you have a financial interest in the outcome of this case?

Cohen: Yes I do.

Blanche: because if Pres. Trump is convicted, that would benefit you personally, is that correct?

Cohen: … I talk about it on my podcast, I talk about it on tiktok, and they make money, that’s how I interpreted your question. Whether Trump is found guilty or not will not affect if I speak about it.

(Keep in mind a lot of this is a quick paraphrase on my part)

UPDATE: Monday, May 20, 2024 · 3:44:54 PM +00:00 · Tom Tomorrow

Trial resumes. Blanche asking about Cohen wanting to run for Congress because, in Cohen’s words, he has great name recognition. Now asking about Cohen’s “journey,” which Blanche categorizes as daily attacks on President Trump.

UPDATE: Monday, May 20, 2024 · 3:42:49 PM +00:00 · Tom Tomorrow

I got to the media line in Collect Pond Park at about 6 a.m. At that time, the only protesters were a lone man walking around with a protest sign that read “TRUMP 2 TERRIFIED 2 TESTIFY,” and a woman who announced her presence with some kind of long curly wooden horn, I don’t know what you’d call it, but like something out of Lord of the Rings (UPDATE: from comments I learn this was probably a shofar, made from the horn of a sheep), and then pulled out a megaphone for a pretty standard street preacher sermon that eventually veered into a rant about how gas prices were better under Trump. The first guy tried to tell her to move over to the Trump side of the park (it’s divided, for when there are more protesters in attendance), and she yelled at him through the megaphone, “GET AWAY FROM ME!” It all provided a little distraction as we stood in line.

UPDATE: Monday, May 20, 2024 · 3:38:52 PM +00:00 · Tom Tomorrow

Trial is currently on morning break. I had to scramble to solve a problem my syndication clients were having downloading my cartoon for the week, something I could have easily fixed at home, but which took a little more effort on the old laptop I’m using here, so I wasn’t paying close attention to the last 20 minutes or so of testimony. Also it occurs to me that this is the second Monday in a row I’ve gotten up at 4:30 in order to watch Trump napping. And I chose to do this!

UPDATE: Monday, May 20, 2024 · 2:53:11 PM +00:00 · Tom Tomorrow

The former head of the New York chapter of the Hell’s Angels is apparently a member of Trump’s entourage today. Also convicted felon Bernie Kerik, as well as Kash Patel, a man who recently fantasized on Steve Bannon’s podcast about becoming head of CIA and rooting out conspirators in government and media (this is referenced in one of the panels in today’s cartoon).

UPDATE: Monday, May 20, 2024 · 2:24:36 PM +00:00 · Tom Tomorrow

Weisselberg email to Cohen: “Thank you. You never stopped for a bro hug. Please prepare an agreement so you can get paid monthly.”

UPDATE: Monday, May 20, 2024 · 2:13:20 PM +00:00 · Tom Tomorrow

Cohen discussing giving Redfinch CEO (I think) a small brown paper bag with $20K in cash. Blanche says Cohen pocketed the other $40K that Trump org earmarked for Redfinch. Asks if he was convicted for larceny. “No sir.”

UPDATE: Monday, May 20, 2024 · 2:07:48 PM +00:00 · Tom Tomorrow

Blanche trying to suggest Cohen would have had other things to discuss during the phone call in which he says he discussed Stormy Daniels with Trump. The opening of the Trump hotel in DC, and the unspecified blackmail attempt involving Tiffany Trump. Cohen maintains that he remembers discussing Stormy Daniels because it was important to him.

UPDATE: Monday, May 20, 2024 · 1:58:50 PM +00:00 · Tom Tomorrow

Not sure what this was about but a little earlier Blanche asked Cohen if he recalls helping Tiffany Trump with a extortion issue.

UPDATE: Monday, May 20, 2024 · 1:56:40 PM +00:00 · Tom Tomorrow

After some delays, jury is finally seated and Blanche is asking Michael Cohen first about whether he has talked to reporters, and then about his taxi medallion business. Trump continues to lean back with eyes closed, occasionally fidgeting and looking around.

UPDATE: Monday, May 20, 2024 · 12:55:18 PM +00:00 · Tom Tomorrow

Todd Blanche is trying to convince the judge to let him admit an email into evidence. Trump is sitting with eyes closed.

UPDATE: Monday, May 20, 2024 · 12:49:34 PM +00:00 · Tom Tomorrow

I brought binoculars today, which makes the split screen images on the video monitors at the front of the room much more legible. I can see Alan Dershowitz sitting behind Trump.

I’m back in the overflow room of the Trump trial for the second time (you can read about the first time I did this, last Monday, under this week’s cartoon). WIfi’s not great here, but I’ll try to post some updates and observations throughout the day.