That may what the sidebar was about.TexAg1987 said:
Probably need Cohen to make some direct, contrary statements and then they will have cause to call him to refute testimony. I assume they have to give the prosecution notice and they don't want to give them too much time to engineer their response.
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The sidebar lasted nearly 20 minutes. We'll learn more about what they were talking when a transcript is out later today.
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Michael Cohen is back on the stand for cross-examination by the defense.
He avoided looking in the direction of Donald Trump as he walked in the courtroom. The judge has also called the jury in.
Defense attorney Todd Blanche grilled Cohen for about two hours Tuesday afternoon, painting him as a man obsessed with Trump and bent on revenge.
Blanche is expected to focus his questioning Thursday on alleged ties Cohen has told in the past to try to undercut his credibility with the jury, according to people familiar with the matter.
Cohen's credibility is key because he is the only witness who has directly tied Trump to the $130,000 payment Cohen made to Stormy Daniels and the false documents created to disguise the repayment to Cohen.
[This is a long sidebar, with Trump's lawyer Emil Bove appearing to check his calendar and Justice Merchan standing up with arms crossed. Scheduling what remains of the trial?]
— Inner City Press (@innercitypress) May 16, 2024
Justice Merchan: Jurors, we had to take care of some business. Our schedule is broken up. We may need to work next Wednesday, if you can. Mr. Blanche.
— Inner City Press (@innercitypress) May 16, 2024
Trump's lawyer Todd Blanche: Who is Detective Jeremy Rosenberg?
Cohen: He works with the DA's office.
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Michael Cohen is being asked about his interactions with a former investigator for the district attorney's office.
This is the detective Cohen gave his phones to in 2023.
Lawyers for both sides had a brief sidebar. They have a redacted version of the texts being shown to Cohen.
Thanks for the assist BMX, with the Inner City Press twitter feed.Quote:
Michael Cohen is reviewing text messages on a monitor inside the courtroom. The messages are not in evidence.
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Trump attorney Todd Blanche asked if detective Jeremy Rosenberg confirmed to Michael Cohen that Trump had been indicted. Rosenberg was a former detective with the Manhattan district attorney's office.
His question is based on news reports and not publicly announced by Bragg's office.
"Did Rosenberg tell you before the indictment was unsealed in this case that they told the New York Times about the indictment before they told you?" Blanche asked.
"No sir," Cohen said.
Cohen said he learned about Trump's indictment from The New York Times article.
"I asked him, 'Nice to find out through the New York Times article, thanks for a heads up," Cohen says of his texts with Rosenberg.
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Trump attorney Todd Blanche brings up Michael Cohen's appearance on CNN on March 30, 2023, after the indictment of the former president when Cohen referred to the indictment as David v. Goliath.
Cohen confirms he viewed himself as David and Trump as Goliath.
"And you actually said on March 30, so before the indictment was unsealed, that 'You had Goliath on his back,' didn't you?" Blanche asked.
"Sounds correct," Cohen says.
Cohen confirmed he meant he was David and Trump was Goliath.
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The defense's questions have turned to one of Michael Cohen's podcasts.
Trump attorney Todd Blanche pulls up a clip of Cohen's Mea Culpa podcast, in which Cohen gives his reaction to the indictment.
Blanche, the judge and Cohen are wearing headphones
Trump did not put on the headphones to listen to the clip.
Prosecutor Susan Hoffinger objects to the playing of the clip for "reasons" she says she laid out at the bench, but Judge Juan Merchan overrules and the podcast is being played.
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On the clip from a May 30, 2023, podcast episode being played in court, Michael Cohen thanks "the Manhattan district attorney's office and their fearless leader, Alvin Bragg."
He goes on to say of Trump: "He is about to get a taste of what I went through, and I promise you it's not fun."Cohen's voice on the podcast is starkly different from how he sounds on the stand, speaking much more quickly and with a sense of excitement about the indictment.Quote:
"Picturing Donald Trump being led through the booking process … fills me with delight and sadness at the same time," Cohen says, in the clip played for court. "What an embarrassment it is to the office of the presidency," he adds.
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Another podcast recording is played, from October 23, 2020.
"I truly ****ing hope that this man ends up in prison," Michael Cohen is heard saying.
He goes on to say, "But revenge is a dish best served cold and you better believe I want this man to go down and rot inside for what he did to my family."
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Trump attorney Todd Blanche asks Michael Cohen if he's publicly said the work he's done helped get Donald Trump indicted.
"I took some credit, yes," Cohen said.
Blanche asked him again, Cohen said, "Yes that's what I believe."
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Defense attorney Todd Blanche asks whether there's many more clips of Michael Cohen speaking insultingly of Donald Trump, similar to the ones that were played in court.
"You continued to call President Trump various names on your podcasts and when you're even doing CNN interviews, correct?" Blanche asks. "Correct," Cohen says.
Blanche shows Cohen a March 2023 post from Trump on his Truth Social platform attacking Cohen and Stormy Daniels. He asks whether Cohen responded.
"I'm not on Truth Social, sir," Cohen says initially.
Blanche clarifies that he did respond on X, formerly known on as Twitter.
"You called him dumba** Donald?" the Trump attorney asks.
"Sounds correct," Cohen confirms.
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Trump attorney Todd Blanche asked Michael Cohen about a TikTok from April 21, 2024, just before opening statements in the hush money trial.
On the TikTok, Blanche said Cohen said he has "mental excitement about the fact that this trial was starting."
Blanche noted that the paralegal was monitoring social media.
"That didn't stop you, did it?" he asked.
Cohen said, "No, sir."
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After citing Michael Cohen's previous remarks in the media about Donald Trump, Todd Blanche shifted to Cohen's previous testimony under oath.
"Was that oath that you took every single time, so going back to all the depositions, the same oath that you took Monday morning in this courtroom?" Blanche asks.
"Yes sir," Cohen said.
"The oath doesn't change, depending on the location, does it?" Blanche asks. No, Cohen says.
"And each time you met with a federal agent you were told that if you made a false statement that that was a felony, a federal crime, correct" Blanche asks.
"Yes sir," Cohen said.
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Defense attorney Todd Blanche is turning now to the 2017 House Intelligence Committee testimony where Michael Cohen lied under oath and was charged with perjury in 2018.
Blanche is asking Cohen to recount the lies.When Cohen said he stopped in January that was a lie, Cohen confirms. "What was the other lie," Blanche asks. "I don't recall. I think those were the two," Cohen says.Quote:
"There were a couple of different lies?" Blanche asks
"That's correct," Cohen says.
On Tuesday, prosecutors also went over the lies Cohen told before Congress to try to get ahead of this part of the cross.Quote:
"You lied under oath, correct?" Blanche asks.
"Yes sir," Cohen says.
"And you lied again when you met with the special counsel on August 7, (2018), correct?" Blanche asks.
"Correct," Cohen says.
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Trump attorney Todd Blanche is pressing Michael Cohen on whether he has accepted responsibility for his lies under oath, or if he blames Trump for his false statements during testimony to the House Intelligence Committee.
"You said you were accepting responsibility for those lies, for lying to Congress. But in fact, you repeatedly said and even said this morning, and even this week that the reason why you lied was because of your loyalty to President Trump," Blanche says.
"I worked with a joint defense agreement and we crafted the two-page document in order to stay on message the message we all knew Mr. Trump wanted, including Mr. Trump's attorney at the time," Cohen responds.
"So are you saying you're accepting responsibility, or blaming the joint defense agreement?" Blanche followed up.
"Accepting responsibility, I read it and I submitted it to the committee," Cohen said on the stand.
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Trump attorney Todd Blanche is now asking about a business associate of Michael Cohen's who cooperated in the federal investigation.
Cohen explained that the associate ran a taxi management company and leased taxi medallions from Cohen.
"So you plead guilty on August 21, 2018, and a few minutes into that hearing the same thing happens that happened on Monday morning, Judge Pauley has his deputy swear you in. Correct?" Blanche asks.
For context: The tax evasion charges Cohen pleaded guilty to in 2018 were in part linked to his taxi medallion income. Cohen confirmed on the stand today he knew before pleading guilty that the taxi management associate cooperated with the federal investigators against him.
Blanche is now walking Cohen through the statements he made to Judge William Pauley during that hearing.
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"Nobody induced you or threatened you to plead guilty, correct?" Trump attorney Todd Blanche asked, referring to the tax evasion charges that were in part linked to his taxi medallion income.
"As I stated previously, I was provided 48 hours within which to accept the plea or the Southern District of New York was going to file an 80-page indictment hat included my wife. And I elected to protect my family," Cohen said.
When Blanche asked again if Cohen felt induced to plead guilty Cohen said, "I never denied the underlying facts I just did not believe that I should have been criminally charged for either of those six offenses."
"That was a lie?" Blanche asks. "That was not true," Cohen said.
As he did on Tuesday, Blanche again pushed Cohen on his view of what's different between a lie and something that is not true.
"I was using just different terminology," Cohen said. "So it was a lie?" Blanche said.
"Correct." Cohen answered.
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Defense attorney Todd Blanche is asking Cohen about his meeting with pretrial services, and about whether a court official was concerned Cohen had not accepted responsibility for his conduct.
"Yes, sir," Cohen said.
"When you met with him and talked about the offense conduct, you blamed others, correct?" Blanche asks.
"Yes, sir," Cohen says.
Blanche presses Cohen further, zeroing in on previous statements in which Cohen said he had not committed the tax crime.
"I repeated what I had written as well with my attorney in the sentencing memo, that I take responsibility, but I did not believe that it was a charge that I should have been, a crime that I should have been, charged with. That's in the sentencing memo as well," Cohen says.
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Trump attorney Todd Blanche is now referencing Michael Cohen's book, "Revenge," and confirming that Cohen described his tax charges as "bogus" in the text.
"You felt and I believe you still feel that you did not engage in tax fraud, but you had to plead guilty to protect your wife and family?" Blanche asks.
"Correct," Cohen says.
Blanche asks, "In your book you said the charges were 100% inaccurate?"
"I was referring to the same thing," Cohen said.
Why it matters: This is part of an extensive line of questioning in which the defense is harping on whether Cohen is the kind of person willing to accept responsibility for his actions.
Blanche has also raised statements Cohen made in pretrial proceedings and his testimony, asking Cohen to lay out to what degree he blames himself for prior wrongdoing.
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Trump attorney Todd Blanche confirmed that Michael Cohen has called the federal judge who sentenced him in the federal case "corrupt" and "was in on it."
Cohen said "I do" when asked if he still currently believes that Judge William Pauley was in on his prosecution.
Blanche asked if he called prosecutors for the US District Court for the Southern District of New York and Judge Pauley "****ing animals."
"Correct," Cohen said.
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Michael Cohen is now explaining why he did not feel he should have been charged as a first-time tax evader.
His voice is getting more animated as he speaks, his pace quickening.
"You testified under oath at a different trial that you did not commit the crimes that you pled guilty to before Judge Pauley, correct?" Blanche asks, referring to Trump's civil fraud trial when Cohen testified about the guilty plea.
"Correct," Cohen says.
Cohen is facing the jury as he explains why he shouldn't have been charged.
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Defense attorney Todd Blanche interrupted Michael Cohen's testimony while he was speaking, saying, "Please don't make a speech," cutting Cohen off.
"When you testified under oath and pled guilty that you knew at the time that your false statements on that application would be used as a decision by the bank, were you lying?" Blanche says, asking about the charges against Cohen.
"I took the global plea that was provided to me," Cohen says.
"Please don't make a speech," Blanche interjected, cutting Cohen off.
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The defense continues to press Michael Cohen about his previous lies under oath and his motivation for making the false statements.
Trump attorney Todd Blanche asks Cohen if it's true he lied to a federal judge because "the stakes affected you personally," as Cohen has previously testified.
Cohen said that statement was true.
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Defense attorney Todd Blanche now returns to Michael Cohen's 2019 congressional testimony.Judge Juan Merchan overruled an objection to this question.Quote:
"Did you tell Congress, either the House or the Senate, that you had lied to Judge Pauley?" Blanche asks.
"I did not," Cohen says.
"By not telling Congress or the Senate that you had lied under oath, do you believe that you were omitting important information?" Blanche asks.
"I don't believe I was asked the question," Cohen says.
Jurors are, as usually, paying attention to this back and forth.
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"You repeatedly said to congressmen and senators under oath over the course of two days that you had accepted responsibility for your conduct," Trump attorney Todd Blanche asked, referring to Michael Cohen's 2019 testimony before Congress.
"Correct, and that I was going to prison as a result,"Cohen said.
"But do you agree with me that lying under oath is not accepting responsibility," asks blanche.
Cohen asked him to clarify his question.
"Do you agree with me that when you plead guilty to a crime and you're lying that's not accepting responsibility for your conduct?" Blanche asks.
"I accepted responsibility and I was suffering the consequences as a a result," Cohen said.
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Trump attorney Todd Blanche says Michael Cohen got credit for accepting responsibility in his sentencing, even though he lied to the judge about accepting responsibility.Quote:
"Again I don't know how Judge Pauley made his determination. Judges as you know have a wide range of discretion over guidelines," Cohen says.
"Do you think Judge Pauley would have liked to know that you had lied to him?" Blanche asks.
"I don't know whether Judge Pauley," Cohen says.
"Your testimony is you don't know whether Judge Pauley would have liked to know?" Blanche asks.
"I'm certain he would have," Cohen says.
Oopsie! Cohen is telling the truth here but admitting he is personally invested in the outcome of this case is not a good look with a jury.Quote:
"Does the outcome of this trial affect you personally?" Trump attorney Todd Blanche asked, echoing a similar line of questioning from his cross-examination on Tuesday.
"Yes," Michael Cohen said.
Cohen's tone is still measured as he answers, but he looks annoyed in court.
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Trump attorney Todd Blanche just had an exchange with Michael Cohen that sums up his general tack over the last half-hour or so: Highlighting ways Cohen has shifted the blame for his convictions away from himself and onto others.
"You blame a lot of people over the years for the conduct that you were convicted of," Blanche says.
"I blame people, yes," Cohen says
"You blame your accountant?" Blanche asks.
"Correct," Cohen responds.
"At times you blame the bank?" Blanche asks.
"Correct," Cohen says.
"You blame federal prosecutors?" Blanche asks.
"Yes, sir," Cohen says.
The questions continue at that cadence, with Blanche adding judges and Donald Trump, to which Cohen also responds that, yes, he has blamed them at times for his wrongdoing.
"But I accept responsibility for my actions." LOLaggiehawg said:Quote:
Trump attorney Todd Blanche just had an exchange with Michael Cohen that sums up his general tack over the last half-hour or so: Highlighting ways Cohen has shifted the blame for his convictions away from himself and onto others.
"You blame a lot of people over the years for the conduct that you were convicted of," Blanche says.
"I blame people, yes," Cohen says
"You blame your accountant?" Blanche asks.
"Correct," Cohen responds.
"At times you blame the bank?" Blanche asks.
"Correct," Cohen says.
"You blame federal prosecutors?" Blanche asks.
"Yes, sir," Cohen says.
The questions continue at that cadence, with Blanche adding judges and Donald Trump, to which Cohen also responds that, yes, he has blamed them at times for his wrongdoing.
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Michael Cohen's tone perked up particularly when attorney Todd Blanche asked Cohen about the corporations he had to receive monthly payments for the taxi medallions.
"There were 16 corporations," Cohen said, going on to explain why that's "actually standard in the industry."
Cohen went on to talk about the typical industry practice of holding two or more medallions in an LLC entity.
"Thank you," Blanche said, when he was done.
"You're welcome," Cohen responded, garnering laughs in the overflow room.
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Michael Cohen looked over at the jury with a small smile and shook his head as attorneys sidebar with Judge Juan Merchan.
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Donald Trump's attorneys have filed court documents indicating they will ask New York's highest court to weigh in on the gag order against him in his hush money trial.
On Tuesday, a New York appeals court denied Trump's latest attempt to end the gag order. The next day, Trump's attorneys submitted court filings indicating they will appeal the denied motion to the state's highest court, the Court of Appeals. Those filings are not available on the docket.
The Court of Appeals does not have to accept the motion. As of Thursday morning, the clerk's office said it had not yet received the motion.
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Defense attorney Todd Blanche is moving on to Michael Cohen's statements to Congress in which he said he never asked for, nor would he accept a pardon from Trump.
"That was false, right?" Blanche says.
"I never asked for it. I spoke to my attorney about it," Cohen says after seeing it on the screen.
Cohen says he reached out to his attorney to "see whether it was legitimate" but he said a pardon would be a nightmare.
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Blanche goes to Cohen's deposition before the House Intelligence Committee in 2019, asking whether his lawyer explored the possibility of a pardon "because you were 100% open to accepting it?"
"Yes sir," Cohen says.
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Trump attorney Todd Blanche asked Michael Cohen if he has a habit of asking certain people in his life to delete their communications with him periodically, like former publisher of the National Enquirer David Pecker.
Cohen confirmed when it came to some people that was his practice.
Blanche was getting at Cohen's discussions with his wife about the HELOC (which Cohen used to make the payment to Daniels's attorney) by asking about a March 9, 2018 statement Michael Avenatti put out saying the money had come from Cohen's HELOC.
The prosecution objected to this line of questioning and there was a sidebar.
Blanche asked Cohen if he deleted text messages around that time. "Two days later you deleted all the text messages that you had with your wife on March 11?"
"I'm not, no sir. I'm not aware of that," Cohen said.
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Donald Trump's defense has frustrated his former attorney, Michael Cohen, after questioning about his testimony in his own previous criminal trial.
Cohen was sentenced to three years in prison in December 2018 for crimes that included arranging payments during the 2016 election to silence women who claimed affairs with Trump after the President's onetime "fixer" attributed his offenses to "my duty to cover up his dirty deeds."
On the stand today, Cohen called US District Judge William Pauley III "corrupt."
CNN legal analyst Elie Honig said Cohen's frustration while discussing the charges against him are where he begins to come apart under questioning."He's pretty calm and casual about the other stuff, but this sets him off."Quote:
"This is where he loses it. He goes off the rails. The fact that he plead guilty to tax and bank fraud makes him so angry. He can't hide it in his public appearances," Honig said.
CNN's Laura Coates also suggested that the jury may start to question Cohen as a result of this cross-examination.
Legal analyst Adam Kaufmann added that the defense was undermining how Cohen comes across to the jury.
Speaking to CNN, Kaufmann noted that Cohen was essentially saying "everyone in the world. Everyone in this system was corrupt except me. The judge, the prosecutors, it was all out to get me. And that's not going to fly with the jury."
He said the tactic made Cohen come across as defensive, which "really undermines the 'I lied before, I was bad before but now I've fessed up to everything I've done, I've owned it'" explanation.
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Michael Cohen said on the stand that he did explore a pardon from Donald Trump with his lawyers, saying "because I wanted this nightmare to end."
He also said a pardon was "being dangled."
"So, when you said you never asked for and would never accept a pardon, that was a lie, wasn't it?" Blanche asked.
"At the time it was accurate," Cohen said.
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The court is taking a morning break and Michael Cohen is expected to resume testimony when it returns.
LOL. The Biden merch on Trump being free on Wednesdays will take a hit.Quote:
Judge Juan Merchan again reminded the jurors to let the sergeant know whether they can work next Wednesday.
