Susan#Necheles, one of #Trump's lawyers, begins by asking for a clarification on the #GagOrder, giving a copy of some news articles to the judge. The articles are by what she calls “legal commentators" including #Trump supporter #JonathanTurley, saying, "These articles are all articles which President Trump would like to post on Truth." She says they involve some witnesses & aspects of the case, but Trump has “concerns" about posting because they reference witnesses.
Chris #Conroy, the prosecutor, says they need to go through the articles but that it's "odd" that the defense is asking for an advance ruling.
When Conroy says that he thinks the #GagOrder is "very specific," #Trump vigorously shakes his head.
#Merchan says he is not going to pre-judge Trump's postings. "I'm not going to give advance rulings," he says.
"There is no ambiguity, I believe, in the order." He says that if Trump is in doubt, he should "steer clear."
FYI #Necheles, defended #TrumpOrganization in a #criminal #tax #law #case 2 yrs ago.
#Bove questioned #KeithDavidson if Larry Flynt, publisher of Hustler, offered to indemnify #StormyDaniels from liability she incurred relating to the #HushMoney deal.
Davidson said that Flynt offered, but Daniels did not accept.
Bove then questioned Davidson if #MichaelCohen secretly taped people. Davidson acknowledged he believed Cohen taped him at certain times.
#KeithDavidson said he thought #MichaelCohen was recording him because they were “structured conversations” & seemed “self-serving." + Cohen spoke on those calls differently than usual.
After that, defense played a taped, private conversation between #StormyDaniels' lawyer & Cohen in which Davidson talked about people having “settler’s remorse,” a reference to Daniels.
#Trump #criminal #law #CatchAndKill #conspiracy #ElectionInterference #TrumpTrial
#Bove noted #KeithDavidson's use the word “leverage” on the tape, suggesting that he was seeking leverage over #Trump. Davidson denied that & said that Bove is “grossly mistaken about the dates” of when this conversation took place.
The recording was not introduced as evidence in the case so the jury & the observers aren’t hearing it. Davidson is listening on a headset, defense is using it to refresh his recollection about the conversation so Bove can question him about it.
#Bove ends his cross-examination of #KeithDavidson.
Re-direct from prosecutor #Steinglass, who reads through a transcript of Davidson's recorded discussion w/ #MichaelCohen.
Davidson is asked to clarify that Michael #Avenatti, who by then was #StormyDaniels’ attorney, was denying a number of developments.
The discussions between Davidson & Cohen, he testified, were about Avenatti efforts, not coaching Stormy's words.
#Trump #criminal #law #conspiracy #ElectionInterference #TrumpTrial
Prosecutors play a portion of a conversation w/ #KeithDavidson that #MichaelCohen secretly taped.
“Nobody’s thinking about Michael,” Cohen says, referring to himself in the 3rd person.
In the recording Cohen said #Trump hated “the fact that we did it.” Davidson clarifies this in response to the #HushMoney payment to #StormyDaniels — a key piece of evidence, that would seem to corroborate Trump’s knowledge of & involvement in the deal.
#criminal #law #conspiracy #ElectionInterference #TrumpTrial
On the call, #MichaelCohen said, "What about me? And I can’t — I can't even tell you how many times he said to me, you know, 'I hate the fact that we did it'...& my comment to him was 'but every person you spoke to said it was the right thing to do.'"
After hearing that portion, the prosecutor asked Davidson who was the "he" referred to in the phone call.
"Mr. Trump," Davidson said, “I attributed that to be a quote from Mr. #Trump."
#criminal #law #conspiracy #ElectionInterference #TrumpTrial
#Bove briefly questioned #KeithDavidson again in a recross-examination. He ended it by emphasizing that Davidson had never been in a room w/ #Trump until this week.
"You never spoke to or never were in same room until Tuesday?," Bove asks Davidson.
Davidson said that was correct.
Douglas Daus a senior forensic analyst & audio visual specialist is called as a fact witness.
#criminal #law #CatchAndKill #conspiracy #ElectionInterference #TrumpTrial
Per NBC: Daus was in Iraq 2009-2011 doing forensic data analysis; & is now a supervising computer forensic analyst in the DA’s office.
Daus, is expected to assist in verifying records.
DA #AlvinBragg is watching his employee explain the path between a device coming into the office, either through a search warrant or consent, & the actual extraction & preservation of data.
(oosh boring)
#Trump #criminal #law #CatchAndKill #conspiracy #ElectionInterference #TrumpTrial
Reminder custodial witnesses like Daus — are tasked w/ verifying & entering records into evidence — because the defense refused to accept anything as basic fact.
In most trials, lawyers agree that certain exhibits should be understood to be true & factual; #Trump’s lawyers consistently refuse to do that, AT ALL, they won’t accept things like this is a table, this is a phone, thus requiring this boring fact verification process.
Daus, who extracted data from #MichaelCohen's cellphones, confirms that Cohen was texting w/ #HopeHicks, who at the time was #Trump’s spox.
A report from Daus shows that one of Cohen’s phones had 39,745 contacts!
A photo of Cohen behind the press secretary's lectern in the #WhiteHouse briefing room is displayed on video screens.
The courtroom is now hearing a recording Cohen secretly made of Trump talking.
#criminal #law #CatchAndKill #conspiracy #ElectionInterference #TrumpTrial
👀 On the recording, #MichaelCohen is talking to #Trump, it sounds like #HopeHicks in the background. Cohen is explaining they had just gotten served by The NYT to unseal records from Trump’s first divorce, from Ivana Trump.
At the end of the tape, Cohen tells Trump,
“I need to open up a company for the transfer of all of that info regarding our friend David.”
[The #NationalEnquirer’s David #Pecker]
#criminal #law #CatchAndKill #conspiracy #ElectionInterference #TrumpTrial
👀 #MichaelCohen says he talked to #AllenWeisselberg, who was the #TrumpOrganization's CFO. Cohen references “the financing,” & #Trump interjects, “What financing?”
The call related to the #HushMoney deal made w/ #KarenMcDougal.
#Jurors are hearing Trump in the OvalOffice discussing a hush-money payment.
#criminal #law #CatchAndKill #conspiracy #ElectionInterference #TrumpTrial
Tape Transcript:
“I need to open up a company for the transfer of all that info regarding our friend, David, you know, so that — I'm going to do that right away," #MichaelCohen said. "And I've spoken to #AllenWeisselberg about how to set the whole thing up."
"So, what do we got to pay for this? 150?" #Trump asked.
"...funding. Yes. Um, & it's all the stuff," Cohen said.
"Yea, I was thinking about that," Trump said.
#criminal #law #CatchAndKill #conspiracy #ElectionInterference #TrumpTrial
"All the stuff. Because — here, you never know where that company — you never know what he’s...," #MichaelCohen said.
"Maybe he gets hit by a truck," Trump said.
#Trump then asked about financing & Cohen said, "Well, I'll have to pay something."
"Pay with cash," Trump said.
#Trump #criminal #law #CatchAndKill #conspiracy #ElectionInterference #TrumpTrial
The prosecution has finished, & #Bove, the #Trump defense lawyer, is now cross-examining the forensic analyst custodial witness, Douglas Daus.
Bove asked about his credentials then about the chain of custody of #MichaelCohen’s phones. He is implying that perhaps the data on the phones — including the recording of Trump the jury just heard — might be compromised.
#Trump #criminal #law #CatchAndKill #conspiracy #ElectionInterference #TrumpTrial
#Bove is implying that the DA’s office was sloppy in their data extraction & the devices could have been manipulated, asking questions about chain of custody & if the intake process was secure.
Daus was excused, but will be back to testify more tomorrow.
Court adjourned for the day.
Funny from NYT’s Maggie Haberman:
#Trump left the courtroom, squinting strangely at Lawrence O’Donnell, the MSNBC host, as he did.
#criminal #law #CatchAndKill #conspiracy #ElectionInterference #TrumpTrial
Today’s #TrumpTrial testimony 🧵
Friday, 3 May, 2024
Custodial witness, Doug Daus, a forensic analyst in the Manhattan DA’s office will continue to testify about obtaining audio from the phones of #MichaelCohen, #Trump’s former fixer.
Yesterday’s 🧵: https://masto.ai/@Nonilex/112371669216262634
#criminal #law #CatchAndKill #conspiracy #ElectionInterference #HushMoney #MobTactics #NodFarter #GagOrder #StormyDaniels #KarenMcDougal