*** Official Trump Hush Money Trial Thread ***

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taxpreparer
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VegasAg86 said:

My undergrad degree is finance, so I border on knowing just enough accounting to be dangerous.

How does GAAP say to classify payments for an NDA? I have a hard time seeing how classifying them as a legal expense amounts to fraud.




Sorry, I was an income tax preparer, not a CPA. This question is above my pay grade.
nortex97
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And the prosecution doesn't have to prove the underlying crime. Which they won't even state. And the witnesses have been all over social media trying to profit from their role in the controversy. And the judges daughters biggest customers are Adam Schiff and jon Tester. And the judge donated to Bidens campaign personally. and the trial takes off Wednesday's instead of fridays to make sure no jews on the jury. and the pprn star changed her story completely since her bill maher 2018 show.
aggiehawg
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Mornin', all.

CNN live blog is HERE

Quote:

Here are they key takeaways from the first day of Michael Cohen's testimony in Donald Trump's hush money criminal trial.
Cohen ties Trump to the Daniels hush money payment: Through roughly five hours of testimony Monday, Cohen walked jurors through how he worked with former National Enquirer editor David Pecker on Trump's behalf during the 2016 campaign to kill negative stories; how he kept Trump apprised of his hush money negotiations with Keith Davidson, the attorney for Daniels and former Playboy model Karen McDougal; and how Trump approved and was aware of how Cohen would be falsely repaid in 2017 for the Daniels payment as legal services. Cohen is the link connecting other witnesses we have heard from so far.
Cohen ties the hush money reimbursement to Trump, too: Trump is charged with 34 counts of falsifying business records 11 invoices, 12 vouchers and 11 checks records that prosecutors say stem from the monthly reimbursements Cohen received in 2017 for the hush money payment he made to Daniels. On Monday, jurors heard through Cohen for the first-time evidence directly connecting Trump to those reimbursements.
Cohen describes being Trump's protector: Cohen, who used to say he'd take a bullet for Trump in the height of their relationship, testified Monday about everything he did to protect his former boss. As Cohen described each media story he killed and nondisclosure agreement he locked down ahead of the 2016 election, it was always in the name of protecting Trump.
Quote:

House Speaker Mike Johnson, North Dakota Gov. Doug Burgum, Florida Rep. Byron Donalds, Florida Rep. Cory Mills and former GOP presidential candidate Vivek Ramaswamy will join former President Donald Trump in court today, according to a Trump campaign official.

Trump's allies have been flocking to the Manhattan courthouse where Trump is on trial, and some of the politicians making the trip, including Burgum and JD Vance yesterday, are said to be under consideration to be Trump's running mate.
Gyles Marrett
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Question:

In closing arguments is the defense allowed to make the case about all the bias surrounding this prosecution. DA Bragg running on getting Trump, the Feds already looking at this case and choosing not to prosecute, the judges daughter and witnesses trying to profit off getting Trump, etc.

or even if allowed is the case so weak by the prosecution they should just let it speak for itself and hope this NY jury is not just as absurdly biased as the prosecution in this case.
aggiehawg
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Quote:

Michael Cohen knows his cross-examination by Donald Trump's legal team is not going to be friendly because that's going to be the former president's defense, CNN Chief Legal Correspondent Paula Reid said Monday.

"This is how they're going to make their case on behalf of their client. They are going to try to paint Michael Cohen as a liar who is out for revenge against his former boss," Reid explained.

The defense will try to discredit Cohen through a multimedia presentation that includes the following, according to Reid:
  • Clips from Cohen's podcast
  • Excerpts from his book
  • His many interviews over the past six years where he has attacked Trump
But while Trump attorney Todd Blanche will want to go after Cohen, he must tread carefully, Reid added.
Quote:

"You don't want to go at him hard that you throw sympathy to Michael Cohen. So this is a huge test," she said. "This will be the defense's case, which is why you haven't seen Todd Blanche do many cross-examinations. He has been most exclusively focused on Michael Cohen.

That's a long history for Cohen's past statements.

I'm not sure how anyone could render Cohen as a sympathetic figure.
Rockdoc
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Gyles Marrett said:

Question:

In closing arguments is the defense allowed to make the case about all the bias surrounding this prosecution. DA Bragg running on getting Trump, the Feds already looking at this case and choosing not to prosecute, the judges daughter and witnesses trying to profit off getting Trump, etc.

or even if allowed is the case so weak by the prosecution they should just let it speak for itself and hope this NY jury is not just as absurdly biased as the prosecution in this case.

I was curious about this myself. Is the judge gonna try to totally disrupt defense closing argument with constant beat down of every statement?
AgLiving06
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aggiehawg said:

Quote:

Michael Cohen knows his cross-examination by Donald Trump's legal team is not going to be friendly because that's going to be the former president's defense, CNN Chief Legal Correspondent Paula Reid said Monday.

"This is how they're going to make their case on behalf of their client. They are going to try to paint Michael Cohen as a liar who is out for revenge against his former boss," Reid explained.

The defense will try to discredit Cohen through a multimedia presentation that includes the following, according to Reid:
  • Clips from Cohen's podcast
  • Excerpts from his book
  • His many interviews over the past six years where he has attacked Trump
But while Trump attorney Todd Blanche will want to go after Cohen, he must tread carefully, Reid added.
Quote:

"You don't want to go at him hard that you throw sympathy to Michael Cohen. So this is a huge test," she said. "This will be the defense's case, which is why you haven't seen Todd Blanche do many cross-examinations. He has been most exclusively focused on Michael Cohen.

That's a long history for Cohen's past statements.

I'm not sure how anyone could render Cohen as a sympathetic figure.

It's what makes this trial so unbelievable.

Bragg is going after a former President of the United States with:

1. A novel interpretation (that nobody understands)
2 With a porn star and convicted liar as their key witnesses.

I'm not saying a President should be above a law, but its hard to see this as anything other than a political prosecution.
BMX Bandit
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It is only allowed if someone puts on that evidence during the trial.

For example, no one is going to testify regarding the judge's daughter. So Defense can't bring that up during their closing.
Tramp96
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You all think this judge is going to allow the defense to make a closing argument? Bless your collective hearts.

I kid, I kid. But I do think he will hamstring the defense's closing argument as much as he possibly can.
aggiehawg
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Gyles Marrett said:

Question:

In closing arguments is the defense allowed to make the case about all the bias surrounding this prosecution. DA Bragg running on getting Trump, the Feds already looking at this case and choosing not to prosecute, the judges daughter and witnesses trying to profit off getting Trump, etc.

or even if allowed is the case so weak by the prosecution they should just let it speak for itself and hope this NY jury is not just as absurdly biased as the prosecution in this case.
Counsel is allowed to discuss evidence adduced at trial seen by the jury and base their arguments and inferences on that. Anything happening outside of what occurred in front of the jury is beyond the scope.

That is the general rule.

There are also particular no-nos inargument such as making any reference to a defendant's not testifying nor the assertion of their rights under the 5th.
Prosperdick
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Reality Check said:

It's beyond ridiculous to think Trump 100 percent wants any outcome here OTHER than being acquitted so he can dance all over the graves of Fat Alvin & Co.
I think Trump wants to win obviously but what resonates better to independents and certain demographics, like the Black community (who know a lot about unjust prosecutions):

  • Trump dancing around and preening about winning the case
  • Trump convicted on ridiculous counts of a crime nobody can explain

Biden angrily screaming "Trump is a convicted felon" if he can even read the teleprompter correctly is not going to sway undecided voters, it will have the opposite effect.

I actually hope he does get convicted, it will further motivate his base, and perfectly illustrate how corrupt the DOJ and excutive branch has become under Democrats.
aggiejayrod
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nortex97 said:

BMX Bandit said:


Quote:

It's questionable, however, whether Trump actually wants to win the case, or take the boost in swing states a conviction will likely give him:


very fake news


Trump wants to actually win this case, its not even up for legitimate debate.


your comments on cohen are regarding the weight of the evidence and who to believe. the question aggiehawg and I were responding to dealt with the procedural rule related to a directed verdict or whatever its called in new york


Turkey disagrees:

"You would think that Alvin Bragg would have more important things to worry about than political prosecutions.

Mr. Turley concludes:

Absent a sudden epiphany in his final testimony on Tuesday, Merchan should rule in favor of a directed verdict that is, throwing the case out before it goes to a jury. If he instead sends this farcical case to the jury, it is Merchan, not Cohen, who may have a better claim to a reality show as the ultimate "Fix It Man.""

From red state quote.


I'm with BMX here, Cohen has huge credibility issues but he did testify that Trump was in on the conspiracy and directed Cohen to pay off the prosti…adult film star. That'll be enough of a hurdle for the judge to say facts are in question so it should go to the jury to decide.

Now if defense can twist Cohen up on cross and get him to admit he lied, that's a whole new ball game.

I still don't see the actual crime here. Arguendo: Trump ordered his lawyer to negotiate an NDA to prevent someone from going around saying he slept with her. His lawyer paid for the NDA out of his own pocket (ethical problem for Cohen here potentially) He paid his lawyer back and his staff recorded it in the books. He has done this before running for President so it's not like this was solely for the campaign. Even if it was for the campaign it was out of his own pocket.
jrdaustin
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AgLiving06 said:

aggiehawg said:

Quote:

Michael Cohen knows his cross-examination by Donald Trump's legal team is not going to be friendly because that's going to be the former president's defense, CNN Chief Legal Correspondent Paula Reid said Monday.

"This is how they're going to make their case on behalf of their client. They are going to try to paint Michael Cohen as a liar who is out for revenge against his former boss," Reid explained.

The defense will try to discredit Cohen through a multimedia presentation that includes the following, according to Reid:
  • Clips from Cohen's podcast
  • Excerpts from his book
  • His many interviews over the past six years where he has attacked Trump
But while Trump attorney Todd Blanche will want to go after Cohen, he must tread carefully, Reid added.
Quote:

"You don't want to go at him hard that you throw sympathy to Michael Cohen. So this is a huge test," she said. "This will be the defense's case, which is why you haven't seen Todd Blanche do many cross-examinations. He has been most exclusively focused on Michael Cohen.

That's a long history for Cohen's past statements.

I'm not sure how anyone could render Cohen as a sympathetic figure.

It's what makes this trial so unbelievable.

Bragg is going after a former President of the United States with:

1. A novel interpretation (that nobody understands)
2 With a porn star and convicted liar as their key witnesses.

I'm not saying a President should be above a law, but its hard to see this as anything other than a political prosecution.
At this point after what we've seen so far, if somehow there is a conviction that is subsequently overturned on appeal (after the election, of course), is there any scenario where Merchan would be sanctioned for allowing a blatantly political trial virtually devoid of any prior precedent and the backing of law?
aggiehawg
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This still confuses me.

Quote:

Trump's defense team has suggested "legal expenses" was the appropriate way to document the payment to Cohen, who in January 2017 was no longer on the Trump Organization's payroll but rather worked for Trump as an outside vendor with the title "personal counsel."

Hoffinger asked Cohen if he expected Trump to pay him for any work in 2017, and Cohen said no.

"Because I knew there was going to be no compensation," Cohen said, explaining that he and Trump agreed his only payments as Trump's personal counsel beginning in 2017 would come from outside work Cohen performed for third parties.

Cohen also spoke about former Trump Organization Chief Financial Officer Allen Weisselberg, who is serving a jail sentence for perjury. Several witnesses, including Cohen, have said Weisselberg was the mastermind behind the payment plan for Cohen.
LINK

So Cohen would serve no purpose, do no legal work for the Trump Org nor the Revocable Trust after 2017? None? All he would be doing is charging people consulting fees for some amorphous access to the President?
Ag with kids
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nortex97 said:

And the prosecution doesn't have to prove the underlying crime. Which they won't even state. And the witnesses have been all over social media trying to profit from their role in the controversy. And the judges daughters biggest customers are Adam Schiff and jon Tester. And the judge donated to Bidens campaign personally. and the trial takes off Wednesday's instead of fridays to make sure no jews on the jury. and the pprn star changed her story completely since her bill maher 2018 show.
Wait...

Wut?
aggiehawg
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Quote:

At this point after what we've seen so far, if somehow there is a conviction that is subsequently overturned on appeal (after the election, of course), is there any scenario where Merchan would be sanctioned for allowing a blatantly political trial virtually devoid of any prior precedent and the backing of law?
If complaints are filed with the state agency for judicial conduct, there will be an investigation. There is one happening now for Judge Engeron from the civil fraud trial.
bobbranco
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Ironic that his judicial philosophy would likely strip he and his family of citizenship and deport their sorry fascist butts back to Colombia.
aggiehawg
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Quote:

Judge Juan Merchan is on the bench, and court is in session.

Prosecutor Joshua Steinglass has asked to approach the bench.
Im Gipper
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Years before Trump was indicted, Judge Merchan scheduled Wednesday to be the day he hears matters on other cases so that orthodox Jews would not be able to serve on this Trump jury.

It's pretty amazing how long they have been setting this up to get Trump!


Kidding aside, the poster made some good points. Too bad he had to Include something so wrong.

I'm Gipper
nortex97
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Seriously, look it up. Orhodox Jews (most demographically conservative biggish group in manhattan) were by default excluded as they couldn't serve on Fridays. Shabbat.

https://www.newsweek.com/maga-judge-merchan-trump-trial-orthodox-jews-1890239
Im Gipper
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Seriously, I know that.

Merch having Wednesday as his off day has nothing to do with keeping orthodox Jews off of the Trump jury.

I'm Gipper
aggiehawg
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Im Gipper said:

Seriously, I know that.

Merch having Wednesday as his off day has nothing to do with keeping orthodox Jews off of the Trump jury.

Merchan doesn't like orthodox Jews on any of his juries. /joking.
aggiehawg
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Quote:

Prosecution is now continuing its questioning of Michael Cohen.

Prosecutor Susan Hoffinger is picking back up with Cohen's meeting with Trump and Allen Weisselberg and the planned reimbursement.
Quote:

Prosecutors say that Michael Cohen on February 2017 met with Donald Trump in the Oval Office to confirm how he would be reimbursed for the hush money payment Cohen fronted for Trump to Stormy Daniels.

A month earlier Cohen mapped out the repayment plan with then-Trump Organization Chief Financial Officer Allen Weisselberg, who memorialized the calculations in handwritten notes on Cohen's bank statement, according to court documents.

Under the plan, Cohen would send a series of false invoices requesting payment for legal services he performed pursuant to a retainer agreement and receive monthly checks for $35,000 for a total of $420,000 to cover the payment to Daniels, his taxes and a bonus, prosecutors alleged.
Prosecutors also allege there was never a retainer agreement.
Im Gipper
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Has the testimony started?

That second quoted material looks like a summary of the state's Theory, not testimony.

I'm Gipper
Ag with kids
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aggiehawg said:

Im Gipper said:

Seriously, I know that.

Merch having Wednesday as his off day has nothing to do with keeping orthodox Jews off of the Trump jury.

Merchan doesn't like orthodox Jews on any of his juries. /joking.
German orthodox Jews are the wurst. Amirite?
WHOOP!'91
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Maroon Dawn said:

aggiehawg said:

whatthehey78 said:

Sorry...but have to ask the legal experts again. Was today's testimony good, bad or no impact on DJT defense? Do appreciate honest/informative responses. TIA!!!
Only impact is that Cohen testified in such a manner that he was following Trump's directions, that makes his credibility a fact question to alow Judge Merchan to deny defense counsel's motion for a directed verdict at the close of the prosecution's case in chief. A low bar for success by the state but that's what they needed most. Get the case to the jury.


That was my thought as well

They know they have no case and are banking on getting this to be decided by a group of hardcore TDS consumed Biden voters who don't care that there is no case and just want to convict
This jury pool already stole $83MM of Trump's money on zero evidence. Why not?
aggiehawg
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Quote:

Under the plan, Cohen would send a series of false invoices requesting payment for legal services he performed pursuant to a retainer agreement and receive monthly checks for $35,000 for a total of $420,000 to cover the payment to Daniels, his taxes and a bonus, prosecutors alleged.

Prosecutors also allege there was never a retainer agreement.
Let's come back to that a moment. Attorney billings can be per task, hourly, future work. Taks based billing occur at the end, hourly is work already performed and future work is commonly called a retainer but does not have to be specific nor in writing, just an agreement the lawyer will be representing the client in the future on matters that may arise.

In the last case, hours worked are specified and billed against the funds being held in IOLTA accounts before they can be released to the attorney as income and reimbursement for costs expended.

So that arrangement being described by Cohen is very outside of the norm and is very sketchy, more so for Cohen as the lawyer committing fraud by creating and sending those invoices.
aggiehawg
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Quote:

Michael Cohen says he put the White House meeting in his calendar something he did not normally do. He says it was to "commemorate seeing President Trump in the White House."

"Meeting with POTUS," the electronic calendar entry reads.
Quote:

The jury is now seeing emails between Jeffrey McConney, a former Trump Organization controller, and Michael Cohen
In one of them dated February 14, 2017, Cohen asks McConney to remind him the monthly amount he is supposed to invoice.
McConney responds to remind Cohen it was $35,000 per month, the emails show.
Quote:

Prosecutor Susan Hoffinger confirmed with Michael Cohen that had there been a retainer agreement it would be accompanied by an agreed upon monthly amount.
But there was no retainer agreement, Hoffinger said.
Cohen said there wasn't one.
Cohen's tone and manner so far is the same as Monday. He is careful, measured and even toned.
That's on Cohen again.

Quote:

Michael Cohen emailed an invoice to former Trump Organization controller Jeffrey McConney on February 14, 2017, including two $35,000 payments for January and February.
Prosecutor Susan Hoffinger asks if the invoices he sent were consistent with directions given by Allen Weisselberg.
"Yes, ma'am," Cohen says.
Quote:

Michael Cohen confirmed the invoices were actually reimbursement for the hush money payment and not for legal services.
Prosecutor Susan Hoffinger is asking whether the description in the invoice for legal services rendered was true.
"No ma'am," Cohen says.
Hoffinger again asks Cohen what the payments were actually for.
He says, "Reimbursement to me of the hush money fee along with red finch and the bonus"
"Was this invoice a false record?" Hoffinger asks.
"Yes, ma'am," Cohen says.
Hoffinger goes on to ask, "Were any of those invoices that you submitted based on services performed for the months indicated pursuant to a retainer agreement?"
"No ma'am they were for a reimbursement," Cohen says.
Quote:

Prosecutor Susan Hoffinger asks Michael Cohen if he received 11 checks in responses to those 11 invoices for a total of $420,000.

"Yes, ma'am," Cohen says.
Pardon me while I pick my jaw up off of the floor. That's a lot of fraud on Cohen's part that he is admitting to committing.
aggiehawg
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Im Gipper said:

Has the testimony started?

That second quoted material looks like a summary of the state's Theory, not testimony.
That was a recap.

Testimony is now being posted.
GeorgiAg
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Ag with kids said:

aggiehawg said:

Im Gipper said:

Seriously, I know that.

Merch having Wednesday as his off day has nothing to do with keeping orthodox Jews off of the Trump jury.

Merchan doesn't like orthodox Jews on any of his juries. /joking.
German orthodox Jews are the wurst. Amirite?
It's hard to get German Orthodox Jews to concentrate and they are especially prone to gaslighting.

Tramp96
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aggiehawg said:

Quote:

Michael Cohen says he put the White House meeting in his calendar something he did not normally do. He says it was to "commemorate seeing President Trump in the White House."

"Meeting with POTUS," the electronic calendar entry reads.
Quote:

The jury is now seeing emails between Jeffrey McConney, a former Trump Organization controller, and Michael Cohen
In one of them dated February 14, 2017, Cohen asks McConney to remind him the monthly amount he is supposed to invoice.
McConney responds to remind Cohen it was $35,000 per month, the emails show.
Quote:

Prosecutor Susan Hoffinger confirmed with Michael Cohen that had there been a retainer agreement it would be accompanied by an agreed upon monthly amount.
But there was no retainer agreement, Hoffinger said.
Cohen said there wasn't one.
Cohen's tone and manner so far is the same as Monday. He is careful, measured and even toned.
That's on Cohen again.

Quote:

Michael Cohen emailed an invoice to former Trump Organization controller Jeffrey McConney on February 14, 2017, including two $35,000 payments for January and February.
Prosecutor Susan Hoffinger asks if the invoices he sent were consistent with directions given by Allen Weisselberg.
"Yes, ma'am," Cohen says.
Quote:

Michael Cohen confirmed the invoices were actually reimbursement for the hush money payment and not for legal services.
Prosecutor Susan Hoffinger is asking whether the description in the invoice for legal services rendered was true.
"No ma'am," Cohen says.
Hoffinger again asks Cohen what the payments were actually for.
He says, "Reimbursement to me of the hush money fee along with red finch and the bonus"
"Was this invoice a false record?" Hoffinger asks.
"Yes, ma'am," Cohen says.
Hoffinger goes on to ask, "Were any of those invoices that you submitted based on services performed for the months indicated pursuant to a retainer agreement?"
"No ma'am they were for a reimbursement," Cohen says.
Quote:

Prosecutor Susan Hoffinger asks Michael Cohen if he received 11 checks in responses to those 11 invoices for a total of $420,000.

"Yes, ma'am," Cohen says.
Pardon me while I pick my jaw up off of the floor. That's a lot of fraud on Cohen's part that he is admitting to committing.
I'm assuming there must be some sort of plea/immunity deal worked out with the DA then. Is that subject to subpoena by the defense?

Im Gipper
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Is it "fraud" if the other person is in on it?

Fraud requires deceit. If the recipient of the bill is in on the agreement for it to be fake charges, there is no deceit there

When Cohen is admitting to hear is that he's a scumbag. All of this is going towards showing that this was done to hide the campaign finance violation.

That same violation that the Feds did not think was a problem.


Everyone knows Cohen is a liar, but this is very bad testimony for Trump in terms of "legally sufficient evidence." Not that anyone expected the judge to dismiss these charges, but Cohen is giving him cover now.

Really looking forward to team Trump ripping this turd to shreds


I'm Gipper
aggiehawg
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AG
Quote:

The prosecutor is now going through the invoice, the check stub and check for March.
The check stub states it is a payment for a retainer agreement.
"Was this in fact a retainer for that month," Prosecutor Susan Hoffinger asks.
"No ma'am," says Cohen.
"Was the description in the check stub a false statement," she asks. Cohen confirms it was.
Remember: Trump was charged by Manhattan District Attorney Alvin Bragg's office last year with 34 counts of falsifying business records. The charges stem from the reimbursements made to Cohen for hush money payments he made before the 2016 election to an adult film star alleging an affair with Trump. The former president has pleaded not guilty and denied the affair.
Wait wait wait. $50,000 was for IT Services to Red Finch, the balance of his bonus for 2016 (amount not specified) and some amounts for taxes. That was the story before but now it is all reimbursements?
Im Gipper
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If Cohen has a deal with the prosecutors, that is something that will come up on cross examination. Or I should say, the Rules say it is admissible. Who knows what will actually happen!

I'm Gipper
MarkTwain
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And after all this nonsense on how checks were handled and FedEx'd to the white house and on and on the PROSECUTION asks Cohen who signed his checks from the Trump Organization Cohen answers Weisselberg and Eric Trump

Geez you can't make this crap up.
People sleep peaceably in their beds at night only because hard men stand ready to do violence on their behalf.
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