16/ McB:
Blanche pushes back on the prosecution's timing argument—since Trump announced his candidacy, there have been "multiple and repeated attacks" from Cohen and other people.
16/ McB:
Blanche pushes back on the prosecution's timing argument—since Trump announced his candidacy, there have been "multiple and repeated attacks" from Cohen and other people.
17/ Reminder via Klasfeld:
Todd Blanche delivers arguments on behalf on Trump, after a rough go at it during the last contempt hearing.
From April 23:
Quote
Apr 23
Replying to @KlasfeldReports
Blanche: "President Trump is being very careful to comply" with the gag order.
Merchan, sharply: "Mr. Blanche, you are losing all credibility."
18/ McB:
"My main concern is with conduct that took place after the gag order" was issued, Merchan says, it's not going to weigh heavily on his decision if Blanche refers to exhibits from a year or two ago.
As a reminder, the defense's exhibits number in the hundreds of pages.
Blanche wants to "keep in perspective" things "beyond just the gag order."
"You can do that. I'm telling you what I'm going to consider," Merchan replies quickly.
19/ Klasfeld:
[Me: Aww, poor wittle ting 🎻]:
Blanche brings up Biden's recent swipes at Trump: “Donald has had a few tough days lately. You might call it Stormy weather.”
The lawyer argues that Trump needs to be able to respond to the Stormy Daniels reference.
20/ Emptywheel:
Note, this strategy is one that right wing commentators have parroted to. Oh poor Donny, what is he to do in the face of non-stop badgering from the fixer he sold out?!?!
They ignore the very limited time frame of the gag, bc they're easy marks for propaganda.
McB:
"My main concern is with conduct that took place after the gag order" was issued, Merchan says, it's not going to weigh heavily on his decision if Blanche refers to exhibits from a year or two ago.
21/ McB:
Blanche references Biden's comment at the WH correspondents dinner: "Donald has had a few tough days lately. You might call it Stormy weather." Blanche suggests that the gag order prevents Trump from responding to statements like that.
Merchan isn't convinced.
Blanche: Exhibits 61-126 are mostly tweets or RTs by Michael Cohen, certain recent Mea Culpa podcasts, and video transcripts.
22/ McB:
Blanche hands up a thumb drive of exhibits, and Merchan asks why it wasn't submitted before today.
Moments ago during the "stormy weather" exchange, Merchan told Blanche: [Trump] can respond to president Biden. Biden can make a reference to this trial, and Trump can respond in certain ways.
Those ways do not include talking about witnesses.
23/ [Me: LOL, then tell your client to stop criming and sleeping in court.]
Orden:
"Every time we whisper to our client, it's live-streamed," Todd Blanche says, complaining to Merchan about media coverage of the trial.
24/ McB:
Blanche categorizes Trump's comments about Pecker as "neutral."
"It's not just about Mr. Pecker," Merchan says. "It's about what all the other witnesses who come here see." He expressed concern about Cohen and Daniels, but it's about the others too.
25/ Klasfeld:
Blanche defends Trump's remark about Pecker.
"He gave a very factual and neutral answer."
Blanche denies any deeper message there.
"There's no threat. There's no threat in what President Trump said."
26/ Press:
Trump's lawyer Blanche: There may be a need to remove some people from the gag order if they don't need protecting. On Pecker, President Trump said on April 23 for a news show in Philadelphia answering on Pecker. President Trump was factual and neutral, no warning
27/ Press:
Trump's lawyer Blanche: President Trump has known Mr. Pecker for decades-
Judge: It's not just about Mr. Pecker, it's the message to other witnesses. I have expressed my concerns about Mr. Cohen. But it's about the other witnesses, that's a concern
Blanche: Every word that's being said here is being reported, in real time. President Trump has to respond. What's happening in this trial -
Justice Merchan: It's not surprising we have press here. The defendant is the former president
28/ #WompWomp (I made the same point a couple of posts ago)
Klasfeld:
Blanche complains about Trump's inability to respond to press and witness statements: "Everyone in the world can say everything that they want."
👉🏼Justice Merchan notes the difference — Trump is a criminal defendant.👈🏼
29/ Pagliery:
This is becoming a fascinating debate about Trump's love of the spotlight and inability to control himself.
Blanche makes it seem like Trump is helplessly being silenced while running for the White House.
👉🏼Judge says he has to follow rules. And yes, he can keep his mouth shut.👈🏼
30/ LOL
Phang:
Blanche: "Everybody can say whatever they want, except for President Trump."
Judge Merchan responds that only Trump is the defendant and he's the one subject to the gag order.
Trump is now shaking his head and turning around with an incredulous look on his face.
31/ Press:
Justice Merchan: The defendant is the leading Republican candidate, now... I don't have the authority over the press. I can't extend the gag order to them. Let me ask you, when your client went to that holding area - he went to them, not the press to him.👈🏼
Blanche: I agree, but Pres Trump has to be able to speak, he's running.
Judge: That is why the area is set up. He can speak about the DA of NY county.
32/ Press:
Blanche: On Pecker, what President Trump said was that he was nice. That's all.
Merchan: I'm not terribly concerned with that one.
Trump's lawyer Blanche: Mr. Cohen has been inviting, almost daring President Trump to respond to him. Let me put some on the screen-
Justice Merchan: Hurry.
[On screen, photos of Trump in orange, & Mandela
33/ McB:
No ruling yet, but sounds like Merchan may not hold Trump in contempt for allegation re: his statements abt Pecker.
Taking small win in stride, Blanche moves breezily back to Trump's comments re: Cohen. "Quickly," Merchan urges as Blanche shows an exhibit
Chuckles ripple thru room as Cohen's posts displayed, incl caption of "I won't send $ to your commissary" & AI-generated photo of Trump in orange cape with the caption SUPER VICTIM.
👉🏼"Von ShitzInPantz" gets an esp hearty laugh.
34/ McB:
Note that because the exhibits are displayed on screen, it's difficult to see Trump's reaction, if any, because the video of him is relegated to a small corner of the screen.
35/ Weissmann:
-Blanche delivery is halting and anxious and desperate.
-Blanche shows exhibit from Cohen reposting a reference to Trump as "Von ShitzinPantz" - interesting exhibit choice.
-Merchan: Trump chose to speak to press and to go into the courthouse area where the press are - an area the court arranged so he would have that ability, but nothing about that meant he had to speak about witnesses.
36/ McB:
"You've made your point," Merchan says as Blanche tries to show more exhibits.
Blanche is tying it all together now: Finally, as is reported, "because it's true," Cohen has been going on TikTok nightly and "literally making money" off of criticizing Trump.
"This is not a man who needs protection from the gag order," Blanche says of Michael Cohen.
"Can I ask you to address the comments that were made about the jury?" Merchan asks, wanting to move on from Cohen.
37/ McB:
Blanche offers a defense, "We very much believe that this is a political persecution—a political trial," pointing to the political makeup of the jurisdiction.
👉🏼 Merchan cuts in, impatiently: "Did he violate the gag order? That's all I want to know."👈🏼
38/ Press:
Blanche: This is not a man who needs protection from the gag order.
Justice Merchan: What about the comments made abou the jury?
Blanche: It was 15 sec from a 20 min interview. This trial matters to voters. We believe this is political
Merchan: He said the jury was rushed through. Does this violate the gag order?
Trump's lawyer Blanche: He wasn't speaking about a particular juror, if they are Democrat - the press has done that.
Justice Merchan: It's 10:10, let's wrap it up.
39/ [Me: Yes, I’m 12 and I’m dwelling on this]
Emptywheel:
Trump's really going to complain about Blanche's performance after VonShitzInPants becomes a headline today.
erica orden:
Can't say I ever thought I'd hear Todd Blanche say "Vonshitzinpants" (quoting Michael Cohen) in open court, but here we are.
40/ Pagliery:
This judge is not convinced. Nope. Not in the slightest.
Judge: "You’re telling me the scrutiny is outrageous. Nobody forced your client to go over there."
Blanche: "You’re right. Nobody’s forcing him but he’s running of president. He has to be able to speak."
41/ I’m liking Weissmann recaps:
Blanche up, and his tone is measured as well. Blanche has bupkis to work with:
-Basically says Cohen asked for it!
-Merchan cuts Blanche off, saying talking about Trump's being attacked a year ago and more are not important to what the allegations are after the gag order.
-Blanche says because Biden joked about "Stormy weather" about the trial that permitted Trump to attack witnesses like Cohen & praise Pecker. Huh? Merchan notes Trump was free to attack Biden.
42/ McB:
It's now 10 min after jury expected in & Merchan trying to move this along. He's reeling Blanche back in to matter at hand.
"I understand your argument, thank you," Merchan says conclusively
We're taking 5 minutes before we go to the jury.
*To clarify, we're taking 5 min before we bring in the jury..jury not present for any of that, nor will know or see Merchan's decision on contempt allegations (just as they did not see or witness his decision holding Trump in contempt for other 9)
43/ Pagliery:
Let's see how quickly he rules on this one.
Merchan has taken the role of a stern father dealing with a toddler who's having a tantrum.
44/ Anna Bower:
Merchan just wrapped up a hearing on whether to hold Trump in contempt for additional gag order violations.
The judge seemed convinced that at least some of Trump's comments constitute additional violations of the court's order.
Did he violate the gag order? Justice Merchan asked at one point.
I'm making the argument that he didn't, Trump's counsel replied.
And I'm not accepting your argument, Merchan fired back.
45/ Weissmann:
What you could see if this trial were televised: on a large video screen, you would see the Judge at the top, the witness chart in a box on the right, and in two large boxes at the bottom, the prosecution and the defense tables. No shots of the jury. - When an exhibit is shown, you see it in a big screen, with the other boxes on the right in a column.
46/ Klasfeld:
Keith Davidson is back on the witness stand.
"All rise."
The jury is entering.
Davidson reviews a series of emails between him, Dylan Howard and Michael Cohen, starting on the evening of Oct. 26, 2016.
That's when Cohen started his scheme to funnel the hush money through his shell company, Essential Consultants LLC.
47/ McB:
Steinglass asks Davidson to read a 10/26/16 email from Dylan Howard to him and Cohen, which we see on the screen, confirming agreement on "Keith's client."
What is your understanding of what this email is about? asks Steinglass. Long, careful pause from Davidson.
48/ McB:
The email followed a conference call between the three men, as there was difficult in comms btwn Cohen and Davidson, the latter of whom had lost trust in Cohen, and Howard came in as a "mediator."
Why the loss of trust? "I believed he was not telling me the truth," says Davidson, regarding "delays in funding."
49/ McB:
Now we see another email on screen: btwn Davidson and Cohen, subject line "Re: wire on behalf of Essential Consultants LLC" from 10/27/2016.
Davidson reads the content of another email chain.
In the email, he confirmed to Cohen that he received a wire transfer, and will work in good faith, no funds will be dispersed until settlement.
50/ Weissmann:
- Davidson comes off as both a reluctant and hostile witness. One imagines he is not happy to be here, and may have well resisted any prep meetings with the DA's office. -Never seems to fail to dump on Michael Cohen (which may prove warranted); grudging in his answers (even resisting the ADA on whether a document is one he produced to the DA's office).
51/ McB:
Now Steinglass throws onto the screen texts btwn Howard and Davidson.
When Howard texted "money wired I am told," Davidson took that to mean Cohen.
Then:
Davidson: "Funds received"
Howard: "Unbelievable"
Davidson: "Was never really sure..."
52/ PLEASE NOTE: I’m on the west coast, so it’s only 7:30ish am here now.
I will be breaking to do my thing, then come back to catch you up on what happened while I was busy with Mr. Blow Dryer.
@GottaLaff NFL I am so impressed with Laffy’s coverage. Log in at 7:30am and the thread is already 50 posts long! We need to send this girl on a long vacation when the trial is over!