#Blanche manipulates the phrase “retainer agreement.” He has insisted loudly that #MichaelCohen testified there was no retainer, multiple times. Then he gestures toward an email from #AllenWeisselberg, #TrumpOrganization’s CFO, referencing an “agreement.” But that email says nothing about a “retainer agreement” specifically, & in fact, per Cohen’s testimony, refers back to his agreement w/ Weisselberg & #Trump to disguise reimbursements for the #HushMoney payment.
In NY, written retainer agreements are generally required between lawyers & their clients, though there are exceptions that might apply in the case of #Trump & #MichaelCohen. Specifically, lawyers don’t always need to establish a written retainer when they are performing the same type of legal work they’ve done previously.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Blanche key themes:
the documents —referring to this as a “paper case.”
Distance from it —#Trump, saying the leader of the free world had nothing to do w/the way documents were classified at the #TrumpOrganization.
+ Attack #MichaelCohen as a liar who was too greedy to do #legal work for free.
“What makes more sense?” Blanche asks now, asking whether the prosecutors’ allegations are more logical than the simple idea that Trump agreed to pay Cohen for legal work.
#Blanche is now mocking prosecutors’ inclusion of #Trump’s own words in one of his partially ghostwritten books from years ago, which was entered into evidence as proof of him being a micromanager. “If the government reads to you quotes from a book a decade, more than a decade earlier, you should be suspicious,” Blanche says. “That’s a red flag”
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Blanche argues that the 12 ledger entries at issue in the case were classified as #legal services because the #TrumpOrganization's software used a dropdown menu in which one of the limited options provided is: “legal expense.”
Needless to say, the dropdown menu does not have a “repayment for hush-money deal” option.
That Cohen did actual legal work for #Trump around when he received the payments from Trump has always been one of the defense’s strongest arguments.
#Blanche argues #MichaelCohen’s testimony about an all-important meeting w/ #Trump in Jan 2017, in which the president-elect signed off on the repayment scheme, is not “corroborated by anything, there’s not a shred of evidence.” And it's true that no one other than Cohen has directly testified about that conversation.
But it’s not true that there is not a “shred of evidence” — in fact, there is lots & lots of circumstantial + documentary evidence about what happened.
Evidence including notes made by #AllenWeisselberg about how #MichaelCohen would be repaid for the #HushMoney, & an email that the defense just highlighted in its own closing referring back to the agreement.
#Blanche depicts #Trump as too distracted to focus on the matters of the checks & the payments. Cutting against a long-acknowledged #Trump trait: his proclivity for attention to minutiae in times of stress.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Blanche says that #Trump wasn’t known for overpaying, & testimony suggested #MichaelCohen didn’t deserve to be paid much for his campaign work, particularly #HopeHicks's testimony that Cohen occasionally went “rogue”.
Blanche: “That’s not exactly a glowing performance evaluation that justifies a larger bonus.”
At the same time, Blanche argues the $420k Trump did pay Cohen was for unspecified #legal work.
That’s a serious contradiction in #logic.
Confusing: Blanche highlights that “some sort of tax scheme” was involved in the repayment to #MichaelCohen. Prosecution’s theory of the case is that #Trump falsified records to cover up a #conspiracy to #influence the 2016 #election — & one way to prove the conspiracy is that #tax #crimes were involved. It’s unclear why Blanche would draw the jury’s attention to an important aspect of the prosecution’s case.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
In his follow-up to this argument about a #tax scheme, #Blanche asks why #MichaelCohen didn’t remember the amount he was meant to be owed each month & why the checks didn’t always come from #Trump. Again, even as he seeks to cast doubt on the prosecution’s argument, he reminds jurors of what the other side wants them to believe.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Blanche argues there was no #intent by #Trump to #defraud — a #legal concept at the heart of the case. Every time Blanche says the phrase “intent to defraud,” the judge looks at him — but so far, Justice #Merchan has not interrupted him.
Blanche argues the prosecution must show that Trump “caused” the false records. He’s correct about the wording in NY’s #FalseRecords #Law, but “caused” is not a super high bar.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
The prosecution alleges that #Trump was present when his employees hatched a plan to falsify the records, & did not stop them from doing so. The prosecution could even argue that Trump, as the boss, effectively approved the plan & thus caused it.
#Blanche shows the #jury the #tax documents sent to #MichaelCohen & the #IRS as #evidence that the payments to Cohen were all above board.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
FYI: declaring a payment to the #IRS doesn’t automatically make it #legal (it’s called #TaxFraud & it’s a #crime we know #Trump commits regularly).
Blanche is repeatedly calling #MichaelCohen both a liar & Trump’s personal attorney.
The jury is going to have to grapple reconcile something Blanche isn’t, namely that Trump hired Cohen & worked w/him for over a decade.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Blanche tries persuading the #jurors that in order to #convict, they must find that #Trump sought to promote his own candidacy for president “by unlawful means.” Blanche is trying to cast doubt on some of the “unlawful means” the prosecutors will argue later.
Blanche says that it didn’t matter if there was “a conspriacy to win an election … Every campaign in this country is a conspiracy.”
[umm, okay…]
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Blanche: “This is the #campaign, this is an #election, this is not a #crime.”
Blanche argued this in his opening statement, when he said “spoiler alert” — campaigns try to #influence elections.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Blanche is trying to suggest that the meeting that Trump & #MichaelCohen had in 2015 w/ #Pecker, of The #NationalEnquirer, when prosecutors say they hatched a plan to suppress damaging stories about #Trump & promote negative ones about his rivals, was SOP between a presidential #candidate & the #press. It was not.
Blanche suggests that bc Pecker’s relationship w/Trump, & their #CatchAndKill agreement, was not an #election #conspiracy bc it predated the campaign.
#Blanche reminds #jurors that The #NationalEnquirer #Pecker testified that #Trump was a top celebrity who sold magazines.
“Absurd.” “Preposterous.” “Makes no sense.” Blanche’s closing is filled w/terminology ridiculing the government’s argument.
He argues it’s absurd to think that Trump would have entered a #conspiracy w/ The Enquirer to sway a national election, because they’re a tabloid.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
While it’s true that circulation for The #NationalEnquirer wasn’t huge, #Trump had a hugely popular Twitter feed & giant rallies, & during the 2016 campaign, he & his allies would post & he would talk about this stuff to amplify them.
+ The Enquirer has broken several stories over the yrs involving politicians & celebrities having affairs, incl’g fmr Senator John Edwards, who was a presidential candidate, & Tiger Woods.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Blanche says that despite the prosecution arguing that David #Pecker agreed to suppress negative stories on #Trump’s behalf in 2015 — a practice known as #CatchAndKill — the phrase "catch & kill" was not used at that meeting. “Make no mistake about it,” Blanche says.
Blanche argues there was “nothing unusual” about catching & killing, & that Pecker testified that The #NationalEnquirer only published ~½ of the stories it purchased.
#criminal #law #TrumpTrial #conspiracy #ElectionInterference
Meanwhile, President #Biden's campaign is holding a news conference outside the courthouse in Manhattan, a guarantee of attention since the media has been stationed here for week.
The speakers have focused not on the #TrumpTrial, but largely on the insurrection by #Trump supporters on #Jan6, 2021, & the threats the Biden campaign argues Trump poses to #democracy & the nation's future.
#criminal #law #CatchAndKill #conspiracy #ElectionInterference
#Blanche addresses the 3 specific #CatchAndKill deals prosecutors allege #Pecker was involved in, all of which they say were designed to protect #Trump. Defense argues all 3 stories are false.
He characterizes the 1st, involving a doorman at a #TrumpOrganization bldg, as “literally a made up story designed to harm President Trump.”
Blanche talks about Playboy model #KarenMcDougal who sold the rights to her story of an affair w/Trump to The #NationalEnquirer's parent co, #AMI.
#Blanche doesn’t harp on the idea that her story was a lie to damage #Trump. But he is very animated as he argues that McDougal, who did not testify, was not initially interested in selling her story.
Blanche argues both that #CatchAndKill deals are normal & that these weren’t catch-&-kill deals.
FYI #AMI, #NationalEnquirer's parent co, was fined $187,500 in 2021 by the #FEC to settle accusations that it violated #CampaignFinance #Law by making a 6-fig payment to McDougal.
Prosecutors have objected to #Blanche 2X,
w/1 overruled & 1 sustained, as #Blanche talks about #Pecker saying he consulted lawyers about the deal.
Blanche attacks the phrase #CatchAndKill as if it were central to prosecution’s case. Prosecutors have stayed away from using it. It wasn’t in their opening statement, or the portion of the statement of #facts they released when #Trump was #indicted explaining their theory of the #conspiracy.
#Blanche claims that #MichaelCohen fully fabricated an encounter that he had w/Pecker in which #Pecker expressed anger that he had not been repaid for 1 of the #HushMoney deals. “Ladies & gentlemen, that lunch did not happen,” Blanche said. “Cohen made it up.”
Blanche doesn’t provide any #evidence Cohen made it up. Instead, Blanche reminds jurors that they should pay close attention to documentary evidence in assessing Cohen’s testimony.
#Blanche is skipping around in his summation, which is making it a little hard to follow.
He now turns back to the recording that #MichaelCohen secretly made of a conversation he had w/ #Trump about the #KarenMcDougal payment.
Blanche suggests there is some kind of dispute over the authenticity of this recording. There isn’t. The recording sounds exactly the same as the one CNN played in 2018.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Blanche attacks the recording. “This conversation is Mr. Cohen & President Trump literally talking past each other about what is going on,” he says, arguing that his client “has no idea what #MichaelCohen is talking about.”
Blanche comes up with an alternate version of why #Trump asked about “financing” in their taped conversation: that Trump was simply caught off guard & had no idea what was being discussed.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
Blanche mocks #MichaelCohen's suggestion that there would have been essentially a duffle bag of cash that was used to make the #HushMoney payment, & says Cohen made it up. Perspective: #Trump was once paid a portion of a lease for a parking garage in gold bricks.
Defense's closing argument has now been going for >2 hrs. Blanche attacks Cohen, but he’s not focused on the docs at issue, or Trump’s role in creating them. Instead, he’s all over the place.
#Blanche moves on to the 3rd #HushMoney payment at the heart of the case: The one #MichaelCohen made in 2016 to #StormyDaniels, who said she'd had sex w/ #Trump a decade earlier.
Blanche lays the groundwork for his most important attack on Cohen, saying he is the only witness who testified that Trump knew everything about the hush-money payment to Stormy Daniels.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
While other witnesses testified about #Trump’s knowledge of the payment — notably #HopeHicks — #MichaelCohen connected Trump to the case like no other witness, including when he testified about the Jan 2017 conversation at Trump Tower, when Trump okayed the arrangements to hide the reimbursements.
“There is no way that you can find that President Trump knew about this payment at the time it was made w/o believing the words of Michael Cohen — period,” Blanche says.
#Blanche argues that if #StormyDaniels's allegations were so scary to the #Trump campaign, why didn’t it swing into action in April 2016, when a woman working w/ Daniels got in touch w/The #NationalEnquirer's parent company?
Obvious answer: the #AccessHollywood tape
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
After the break, #Blanche says that he has ~½ hr left of his closing argument. Judge Merchan says the jurors have agreed to stay late if needed, meaning closing arguments may end today.
Blanche discusses statements by #StormyDaniels that she testified she was coerced into making. This doesn’t seem to have much to do w/the case but is the kind of client-pleasing shit we’ve seen from #Trump attys.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Blanche 2X notes that #StormyDaniels denied having sex w/Trump.
While this is technically true —she did put out a statement denying they had an AFFAIR in early 2018— she subsequently provided her account of the sexual encounter to “60 Minutes,” in a book, in a documentary & in this trial, on the stand, where she testified under oath.
#Trump has repeatedly denied the sex occurred, but has never done so under oath.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Blanche, draws on a 2018 recording in which #StormyDaniels's lawyer at the time said that his client had “settler’s remorse” for having agreed not to tell her story. Blanche claims that Daniels changed not because she decided to tell the #truth, but because she wanted to make #money.
Blanche introduces what he calls a “separate conspiracy” between Daniels, #GinaRodriguez, her manager at the time, & #DylanHoward, who was the editor of The #NationalEnquirer.
Neither Rodriguez nor Howard testified, & their absence may give #Blanche room to *spin* his theory. He notes that, in a text, Howard said that he was not working on #Trump’s behalf. Blanche suggests Howard was acting against the interests of David #Pecker, his publisher.
Blanche again tells the jury, that NDAs are not inherently problematic, adding that there is nothing “illegal,” “sinister” or “criminal” about them.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
Blanche alternate theory re #StormyDaniels's motive is that Dylan Howard, editor of The #NationalEnquirer, & Gina Rodriguez, Daniels’s manager, seized an opportunity in Oct 2016 to make $ from Daniels’s story.
Problematically, his alt version doesn’t address the falsified documents on which there were weeks of testimony from Pecker, #MichaelCohen & others.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Blanche argues the #AccessHollywood tape, in which #Trump boasted about grabbing women by the genitals, is being portrayed by prosecutors as something it wasn’t: a “doomsday event” for his presidential campaign. Anyone who covered that election can tell you that the people around Trump & the broader #GOP thought it was catastrophic for his chances. So much so that there were talks of dropping Trump from the ticket.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Blanche says that #Trump’s reaction to the #AccessHollywood tape was not what is being depicted by prosecutors — “He was concerned about his wife, he was concerned about his family,” he says — though he adds, moments later: “I’m not suggesting that it wasn’t a big deal for the campaign. Of course not. It was.”
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Blanche argues #StormyDaniels was called to testify in order to inflame the jurors’ emotions & to embarrass #Trump. Prosecutors object, but Justice #Merchan allows it.
Blanche seizes on testimony from #MichaelCohen, who told Daniels's lawyer in a recorded call in Oct 2017 —before Trump turned against him— that he cared about his boss & he wasn’t going to play “penny wise, pound foolish” & betray him. Cohen then says “I’m sitting there & I’m saying to myself, ‘What about me?’”
#Blanche moves on to #MichaelCohen’s relationship w/ #RobertCostello, a lawyer who Cohen testified had been part of a pressure campaign to keep him from flipping on #Trump in 2018 (& whose testimony was insane)
Blanche argues there is “no doubt” that Costello, who is 1 of only 2 witnesses the defense called, served as Cohen’s atty —the trial presented plenty of doubt about the nature of Cohen & Costello’s relationship.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Blanche mocks #MichaelCohen’s testimony about the evening of 24 Oct, 2016. The testimony on which the defense lawyers felt they had scored a key point, because they presented #evidence that Cohen had talked to #KeithSchiller, #Trump's bodyguard, about a 14-yr-old pranking him. Cohen clarified on redirect that he had talked to both Schiller & Trump during the call & prosecution entered into evidence photos of Trump & Schiller next to each other mins before the call.
But the defense clearly thinks it has a winning argument here. “It was a lie,” #Blanche yells of #MichaelCohen’s testimony. He calls it “perjury,” emphasizing each syllable in the word.
Blanche reminds jurors that there is an oath to tell the truth & says that it “matters to most.” 🤣🤣
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Blanche lists the people who he says #MichaelCohen has lied to, which includes his wife, his children, his banker, the #FEC & “every single reporter he talked to for about a year.”
Blanche tries what sounds like an attempt at a punchline: “He’s literally like the MVP of liars.”
There’s no audible reaction in the courtroom.
Irony is rolling in its grave.
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Blanche replays defense exhibits in which #MichaelCohen sounds giddy as he reacts to the news that #Trump has been indicted.
Blanche shows a tweet in which Cohen promoted a t-shirt featuring a cartoon drawing of Trump in an orange jumpsuit behind bars.
Blanche says before he concludes, that he will offer a list of 10 pieces of evidence that should induce #ReasonableDoubt in the jury.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Blanche again argues that #Trump was in the #WhiteHouse when he signed 9 of the checks. Implying Trump was distracted when he signed them, & that his signature does not suggest his knowledge of the scheme.
‼️Using a slide labeled “manipulation of evidence,” Blanche now argues (again) that #MichaelCohen somehow tampered w/the digital evidence from his phones, including recordings. (Objection to just the label FFS!)
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Blanche says #jurors cannot trust those recordings, & they cannot rely on #MichaelCohen himself — which, the defense has said many times, is a reason not to #convict #Trump.
Blanche then listed 10 reasons that he believed the jury should have #ReasonableDoubt as to Trump’s #guilt. But the list was hard to follow. He misstated the 4th point, which he then broke into 3 parts. He gave them all equal weight & barely mentioned some of them in the rest of his summation.
The last reason for #ReasonableDoubt on Blanche’s list is simply: #MichaelCohen.
#Blanche calls Cohen: “The human embodiment of reasonable doubt, literally.” (Umm, no not literally)
Blanche introduces the acronym G.O.A.T., commonly used to stand for “greatest of all time.” He then applies the acronym to Michael Cohen. “Michael Cohen is the G.L.O.A.T.,” Blanche says. The “greatest liar of all time.”
#Trump wrote this right?
(Idiot)
#Blanche reminds the #jury that deliberations should not involve their views of #Trump, & this is not a referendum on the ballot box.
Trump & his campaign have argued for the last several years that the trial is a politically motivated sham that is about the ballot box
Blanche concludes, thanking the jurors. He tells them if they pay close attention to the #evidence, “this is a very quick & easy not guilty verdict.”
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
Before he concluded, #Blanche asked that #jurors not send his client to #prison. Now, w/the jury excused, Joshua #Steinglass, who will give prosecution’s closing argument, stands up & objects.
“That was a blatant & wholly inappropriate effort to call sympathy for their client,” Steinglass says, asking for a curative instruction.
Justice #Merchan is excoriating Blanche for making an “outrageous” statement.
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
Justice #Merchan, furious, reminds #Blanche, & not for the first time, that he was a prosecutor long enough to know it was out of bounds for him to basically beg jurors not to send #Trump to #prison.
Merchan told the court that he plans to give jurors a curative instruction — in other words, general direction that is aimed at clearing up an erroneous statement.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
Back from lunch, #Trump has returned w/ Don Jr. & Eric& Lara, & Tiffany.
When we left, #Blanche was admonished by Justice #Merchan for imploring #jurors not to send Trump “to prison” on #MichaelCohen’s words.
The issue is that Blanche told jurors Trump could face prison due to their decision.
Jurors are ONLY responsible for deciding whether he is guilty or not guilty of the charges, sentencing is not in their purview.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference