20/ McB:
Back to the message between Costello and his son:
21/ Inner City Press (aka Press):
Trump's lawyer Bove: Let's look at this exhibit Ms. Hoffinger put in yesterday, email to your son. You quote Michael Cohen from April 2018, it will be an honor to have you on the team.
Costello: That's what he said.
Bove: And Cohen called you for 30 min?
Yes
22/ McB:
The waiver agreement is available on the docket now too: https://pdfs.nycourts.gov/PeopleVs.DTrump-71543/Evidence/People/5-20-2024/People's%20504AT%20(2019.02.17%20Costello%20Waiver).pdf
Now the "we have been played here" email, what did that mean?
Cohen constantly referred to a retainer agreement he stuck in his briefcase, every time Citron asked him if he signed the waiver he'd give an excuse, and made them believe Cohen paid another firm.
23/ Klasfeld:
Trump's attorney Emil Bove is back up to try to rehabilitate the witness.
Costello provides his narration of why he wrote that Cohen may have "played" him.
He says Cohen wasn't signing the retainer agreement.
Q: Were you concerned that you were representing Michael Cohen but he wouldn't sign the retainer agreement?
A: Yeah, sure.
24/ McB:
At least one member of the jury takes notes as Bove questions Costello.
Most others just watch on closely, pen in hand.
25/ McB:
Bove shows email from Costello that he marked "atty-client privilege," then transitions to discuss the "backchannel"—a word 1st used by Giuliani, who gave the reason that Cohen didn't want this to be public.
Hoffinger has lobbed a few objections, most sustained, and mostly based on hearsay from what I can guess. Costello keeps saying "Giuliani said this" or "Giuliani said that." Another objection now, beyond the scope—sustained—Bove says this was inquired about on cross—sustained.
26/ Anna Bower:
Bove tries to ask about Costello saying "I will not pester you.." in an email to Cohen.
Objection from Hoffinger: Beyond the scope. Sustained.
Bove, with hint of annoyance, says "this was inquired about on cross examination."
He tries to keep going, then the parties go to sidebar. Objection sustained.
27/ Klasfeld:
Hoffinger offers a volley of objections after the next series of questions to the witness. First, it's sustained, but the latest drew a sidebar.
"Approach," Merchan told the attorneys.
28/ McB:
After a sidebar, Bove pulls up People's 208, the long email Hoffinger asked about minutes ago, especially a line in which Costello says something is "totally up to you" to Cohen.
29/ McB:
Q: Did you ever pressure Cohen to do anything?
A: No
Q: Did you ever have control over Cohen?
A: Completely not
Q: Does a lawyer ever control—objection, sustained.
Q: I want to ask about how you practice law—objection, sustained.
30/ McB:
After another two objections,
👉🏼Costello looks askance at Merchan, then back forward, and subtly rolls his eyes and shakes his head.
It's a shade of yesterday's pugnacious Costello, but ultimately he restrains himself👈🏼
31/ McB:
Bove is done—two questions from Hoffinger.
Q: You said that you gave Cohen a retainer agreement weeks later after meeting with him on May 3?
A: Citron gave it to him, but I was in the room.
...Hoffinger shows Costello the retainer agreement—Cohen never siged it? Correct. And he never paid you? Correct.
And that's it for Costello. He steps out.
32/ And to NOBODY'S surprise...because Trump is a chronic liar and completely predictable when it comes to these insulting claims and false bravado...
McB:
THE DEFENSE RESTS.
👉🏼Trump will not testify.👈🏼
33/ McB:
Merchan is now addressing the jury: normally you'd hear summations now, but in a case like this, summations will take a while, as will his jury instructions, which he predicts will take an hour.
Bc we're meeting only today and Thurs, Merchan says there's no way we could do what needs to be done in a cohesive manner, it would be too broken up—best thing would be to adjourn now until Tues. At that time they'll hear summations, then the jury charge, then deliberations.
34/ Pagliery:
He'll let the jury go home today early. They'll be off for quite the extended weekend.
We'll come back next Tuesday to hear lawyers deliver closing arguments. Wednesday, he'll give them instructions & they can start deliberating.
35/ Pagliery:
Jury steps out. Judge says lawyers can start working on proposed jury charges.
McB:
Now we're all excused until 2:15, when we're pick up the charging conference.
36/ McB:
Thinking ahead to next Tues, Merchan isn't 100% sure we'll finish both summations, so he asks if they'd consider working late that day.
Jury is excused until next week, after Memorial Day.