5/ McB:
As we wait for the jury, a few of Trump's hallway comments just now, per the hallway reporters: “They have no case, there’s no crime…” “This should be an easy ruling.”
Trump also said the judge should rule from the bench.
5/ McB:
As we wait for the jury, a few of Trump's hallway comments just now, per the hallway reporters: “They have no case, there’s no crime…” “This should be an easy ruling.”
Trump also said the judge should rule from the bench.
6/ McB:
While we continue to wait, Steinglass stands up and asks whether Justice Merchan would like to ask the jury their availability for next Wednesday. Merchan agrees.
More from just outside the courtroom a few minutes ago:
“We’ll be resting pretty quickly, meaning resting the case. I won’t be resting. I don’t rest. I’d like to rest sometimes, but I don’t get to rest.”
ADDED 😂 via
Brian Tyler Cohen: Dude’s spent 80% of his time in the courtroom fast asleep but okay.
7/ McB:
The jury is back, and Hoffinger is up at the lectern.
When we left off yesterday, she says, we spoke about how ultimately another lawyer hired Cohen to rep him instead of Costello and his firm.
Costello is poker-faced.
Hoffinger shows an email of Cohen asking Costello to cease contacting him and asks whether Costello provided the email.
Yes, I provided a lot of emails to your office, Costello says.
Apparently Costello's firm was sending Cohen's bills.
8/ McB:
We go back to the first Regency meeting, and already it's a bit tense as Costello answers the question 👉🏼then goes on to correct Hoffinger, who tells him to just answer the question please.
Q: You're very close to Giuliani?
A: Yes
Q: He went to your wedding?
A: Yes
Costello says that he didn't tell Cohen about his closeness with Giuliani at the first meeting, but Hoffinger shows him his email in which he wrote "I told you my relationship with Rudy"—meaning, "I told you before."
9/ McB:
Costello denies again, so Hoffinger shows another email (512B) 04/2018 Costello to Citron, abt Giuliani joining Trump's legal team: "all the more reason for Cohen to hire me...as I mentioned to him in our meeting."
👉🏼These emails could not more perfectly refute Costello's answers.👈🏼
10/ McB:
That email speaks for itself right? says Hoffinger.
No there are surrounding circumstances about that email which I'd be delighted to tell you, Costello answers.
No that's alright, Hoffinger says, getting a good chuckle from the gallery (which gets a "quiet" from an officer)
11/ McB:
Hoffinger now asks about the "sleep well tonight" "friends in high places" email—yes, this is about Trump, Costello says, so she shows People's 512G, a 5/15/18 email re: "call to Cohen"—it's long but Costello tells Citron to call Cohen, who is ignoring his calls.
12/ McB:
Q: This email is about your goal to have Cohen follow instructions by Giuliani and the president?
A: No, not to follow instructions but to get everyone on the same page, bc Cohen had been complaining that Giuliani—👉🏼Hoffinger says thanks but he plows on—had been making comments in the press that Cohen didn't approve of.
13/ McB:
Another email, 6/13/18 Costello to Cohen: "my friend has communicated to me that he is meeting with his client this evening," and asked Cohen if there's anything he'd like to convey to Trump via Giuliani.
These emails are Costello attempting to establish the Cohen-Costello-Giuliani-Trump backchannel in real time.
Costello just characterizes it as "getting everyone on the same page."
14/ McB:
Another tense moment:
Q: You felt like you had been played by Cohen?
A: You want me me to explain it?
Q: No thanks. You wanted to get paid right?
A: No.
Q: You wanted to—
A: —so you do want me to explain it?
👉🏼Merchan tells Costello there's a pending question.
15/ McB:
More emails from Costello to Cohen—it's a full court press. He talks about the liberal media—"They want you to cave. They want you to fail"—and tries to convince Cohen to talk to him.
This is the alleged "pressure campaign" that Cohen spoke about.
HOFFINGER: In 06/2018 you were angry that Cohen was playing you?
COSTELLO: Angry? No, that's the wrong word.
HOFFINGER: Didn't you believe he was also playing Pres Trump?
COSTELLO: No I don't think that's correct.
16/ Lol, oops
McB:
Hoffinger asks about the question yesterday to Costello about whose interests he re had in mind (Costello said Cohen's), so she offers 512H—Costello forwarded a Cohen text (abt how he finished doc review and then met with counsel) to Citron..
...it reads: "he continues to slow play us and the president...what should I say to this asshole? he's playing with the most powerful man on the planet"
HOFFINGER: That email speaks for itself does it not?
COSTELLO: It does.
17/ McB:
HOFFINGER: You lost control of Cohen, correct?
After some back and forth...
COSTELLO: No, I answered no.
A: Did you lose control when he pled guilty?
A: I didn't have control when he pled guilty.
Q: Do you have any animosity toward Cohen?
A: No
18/ Clean-up on Aisle Trump!
McB:
Hoffinger asks whether Costello went to testify at Congress recently to intimidate Cohen.
COSTELLO: Intimidate Cohen? No, that's ridiculous.
Nothing further your Honor, says Hoffinger.
Bove back up now.
19/ McB:
Bove calmly pulls up an email from Cohen to Costello, in which Cohen said "as you do not or have never represented me in this or any other matter" Is that true or false? Bove asks.
False, Costello answers quickly.
Now Cohen's signed waiver agreement, which read "at no time did I sign a retainer or otherwise agree to retain Costello"—this would be a false statement? asks Bove.
Objection—overruled.
Yes, false, says Costello.
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.