aggiehawg said:

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CNN spinning as fast as they can.

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Former President Donald Trump is on trial in Manhattan for his alleged role in a hush money scheme to silence his alleged mistresses before the 2016 election. He faces 34 counts related to "falsifying New York business records in order to conceal damaging information and unlawful activity from American voters before and after the 2016 election."

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Prosecutors need to prove beyond a reasonable doubt that Trump falsified business records with the intent to commit or conceal another crime, but they don't have to prove that Trump committed that crime. The prosecution's theory is that the second crime could be in violation of federal and state election laws or state tax laws regarding how the reimbursements to Trump's ex-fixer and attorney Michael Cohen were handled.

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Prosecutors allege adult film actress Stormy Daniels was paid $130,000 the "hush money" payment to keep her from going public before the 2016 election about her claim that she had an affair with Trump in 2006. The alleged reimbursement payment Trump made to Cohen is at the heart of the charges against the former president.
Trump's attorneys have tried to attack the credibility of Cohen and Daniels during cross-examination, and paint them as liars who are motivated by grudges and money.

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Well, that was their testimony.

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The attorneys didn't attack anything. They asked questions. The witness impugned/attacked himself with his responses.

Tramp96 said:

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Even if the feds or NY do not pursue criminal charges against Cohen for his admitted-under-oath embezzlement and fraud, I'm assuming Donald J. Trump can bring a civil suit against him now?

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an action based upon fraud; the time within which the action must be commenced shall be the greater of six years from the date the cause of action accrued or two years from the time the plaintiff or the person under whom the plaintiff claims discovered the fraud, or could with reasonable diligence have discovered it.

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LINK

Stat Monitor Repairman said:

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Will the jury charge define 'campaign contribution?'

And, if not, how hard will the squirming be when the jury comes back and asks for the definition of campaign contribution?

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Do they even have to define what a campaign contribution is? I am still not clear on this law they are using, but do they actually have to show the crime Trump was covering up? I am not sure they do. I think they just have to prove he falsified documents to cover up "a crime." Not a specific crime.

It really seems to me that if Trump is found guilty, then the law will likely be ruled unconstitutional on appeal. It's hard to say if anyone understands this law, but I've seen multiple places that they don't have to prove anything about the second crime. Just that Trump was intending to cover up something. That seems to go against due-process, because there is no trial on the second crime. It seems like is the first time this law has been used in this manor, and I think they are twisting it, and thus the whole law will get thrown out on appeal. However, he's going to actually have to be found guilty first.

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Do they even have to define what a campaign contribution is? I am still not clear on this law they are using, but do they actually have to show the crime Trump was covering up? I am not sure they do. I think they just have to prove he falsified documents to cover up "a crime." Not a specific crime.

It really seems to me that if Trump is found guilty, then the law will likely be ruled unconstitutional on appeal. It's hard to say if anyone understands this law, but I've seen multiple places that they don't have to prove anything about the second crime. Just that Trump was intending to cover up something. That seems to go against due-process, because there is no trial on the second crime. It seems like is the first time this law has been used in this manor, and I think they are twisting it, and thus the whole law will get thrown out on appeal. However, he's going to actually have to be found guilty first.

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I too think the nonrequirement to specify "other crimes' has 6th Amendment implications.

But had there been a conspiracy charge or two somewhere in the indictment, tha could have possibly fixed that defect depending on how it was written.

[Do not make up thoughts and arguments for other users and then argue against those. You are welcome to discuss or make counter-arguments with users and the posts they've made discussing the subject of the thread. -Staff]

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Prosecutors are back in the courtroom ahead of the resumption of the trial this afternoon.

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Former President Donald Trump entered the courtroom.
Attorney Alan Dershowitz is also back.

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Natalie Harp, the former OAN anchor turned assistant, just walked out of the courtroom to grab a sheet of paper, returned and walked directly to former President Donald Trump to hand it to him.
This is the aide who carries around a printer (and cartridges) so she can print out his articles for him.
While looking at the sheet, Trump raised his arm and gave a thumbs-up without turning around after she handed it to him.

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Judge Juan Merchan said that he reviewed the testimony of the C-SPAN archivist during the lunch break.
Merchan is re-reading the archivist's testimony, including how C-SPAN verifies video is accurate and saves videos to the C-SPAN archives.
Trump is leaning back with his eyes closed as Merchan continues to read the transcript.
Remember: Before the break, prosecutors argued that one of the photos they want to introduce as evidence is pulled from the C-SPAN archives of a rally from October 24, 2016.

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So there was a rally that night as I suspected.

aggiehawg said:

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By all rights, Merchan should call the state attorneys to account after the lunch break and before Cohen retakes the stand and the jury comes back.

He should admonish them that they are not helping their case here and are getting dangerously close to a directed verdict, on many of the counts that directly involve Cohen's actions in creating what he considered were false invoices to Trump and the Revocable Trust.

But no.

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Judge Juan Merchan just told the jury that they are breaking early for lunch today.
He's instructing them to keep an open mind. "I'll see you at 2:15," he says.
Michael Cohen will return to the stand and prosecutor Susan Hoffinger will resume her round of questions after the break.

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An open mind? About what, exactly?

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This judge is openly helping the prosecution with the rehabilitation. Keep an "open mind" is code for "yes this guy is a serial liar, but for just this case forget all that and consider him unimpeachable"

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Nope. Past the statute of limitations.

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This is New York....that doesn't matter.

Mr Mojo Risin said:

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Where has our resident "objective" "lawyer" 2011 gone? No posts in politics since Friday evening.

His objectivity must have finally returned and he must have realized what a farce he had been goaltending for...

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Antoninus also conspicuously absent. Hmmm

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This judge is openly helping the prosecution with the rehabilitation. Keep an "open mind" is code for "yes this guy is a serial liar, but for just this case forget all that and consider him unimpeachable"

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While I agree with that assessment Merchan can try to excuse it away by saying he meant until the defense case was presented giving the timing of that statement.

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Judge Juan Merchan is not allowing the district attorney's office to bring in the photos as it is seeking to through a paralegal.
"I don't see how the people can get past the heresay objection," he says.
Donald Trump points to something in front of his attorney Todd Blanche and the two share a quick laugh as the judge explains his decision on the C-SPAN evidence.
Prosecutor Joshua Steinglass said the prosecution may recall the C-SPAN archivist to testify. Merchan asks for a timeline.
Remember: Before the break, prosecutors argued that one of the photos they want to introduce as evidence of Trump and his former bodyguard Keith Schiller is pulled from the C-SPAN archives of a rally from October 24, 2016.

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Defense attorney Todd Blanche is indicating that both prosecutors and defense may rest their cases today.
"We have a few witnesses here. There is a likelihood that we will rest today," Blanche said.
"So here we are on Monday and they're about to rest, and they're asking I guess to see if this witness can come back," Blanche says regarding the prosecution's request to call back an earlier witness. "We very much object."

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Judge Juan Merchan asks the prosecutors to determine whether the C-SPAN witness can be in the courtroom by 9:30 a.m. Tuesday.
Prosecutors say they've reached out and are waiting to hear back.
Merchan says we'll break for a few minutes to see if the DA's office can get a hold of the C-SPAN archivist.

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As prosecutors finish their re-direct of Michael Cohen, they need to bring the jury's focus back to the charges, a CNN legal analyst said.
Prosecutors "have to undo some damage" to Cohen's credibility that the defense worked to undermine during its cross-examination earlier this morning and they also "have to get the jury to focus back on the indictment, back on the charges," CNN senior legal analyst Elie Honig said.

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"They can't change the fact that Michael Cohen stole money from the Trump Organization on the key transaction. They can't change the fact that there are texts that undermine a key portion of Michael Cohen's testimony" about an October phone call where Cohen previously said he talked to Trump about the payment to Stormy Daniels, Honig added.

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Honig said the prosecution should keep their re-direct short and try to shift the focus back to the criminal charges against Trump.
Remember: Trump faces 34 counts of falsifying business records related to the payment to Daniels. Prosecutors need to prove beyond a reasonable doubt that Trump falsified business records with the intent to commit or conceal another crime in this case, to influence the 2016 election but they don't have to prove that Trump committed that crime.

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Rebecca Mangold, the prosecutor who told Merchan they were trying to contact Browning, had her phone out as she exited the courtroom.

According to his testimony from April 30, Browning lives in Thibodaux County, Louisiana, which is west of New Orleans.

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Merchan is bending over backwards for the prosecution here.

aggiehawg said:

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Rebecca Mangold, the prosecutor who told Merchan they were trying to contact Browning, had her phone out as she exited the courtroom.

According to his testimony from April 30, Browning lives in Thibodaux County, Louisiana, which is west of New Orleans.

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Merchan is bending over backwards for the prosecution here.

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What else is new. I'm shocked really he didn't allow the photos. The fact that he was seemingly pressing the defense for a quick finish late last week and is now considering allowing a previous witness back in is proof of what you say.

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Trump attorney Todd Blanche says the trial has adjourned early several times because the prosecution hasn't had witnesses ready.
"That's not the way a trial is supposed to work," he says.
Judge Juan Merchan smiles and says "OK" in response

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"Ok people what did you find out?" Judge Juan Merchan asked as he returned to the bench after a short break, referring to the status of the C-SPAN archivist they may bring back to the stand.
Prosecutor Rebecca Mangold said C-SPAN is preparing to book travel for Robert Browning, the C-SPAN archivist.

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Donald Trump is huddling with his lawyers.
Trump's lawyers and Trump are now huddling to discuss what they want to do.
Judge Juan Merchan told attorney Todd Blanche it was up to him whether to proceed with his case this afternoon or wait until tomorrow morning until after the C-SPAN archivist is recalled.
Trump was gesturing and talking in the huddle.
Blanche is now huddling with prosecutors Susan Hoffinger and Joshua Steinglass.

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Donald Trump's hush money criminal trial has seen a number of so-called custodial witnesses.
Their testimony, while dry, is a way for prosecution to enter records they hold as evidence for the case. They can bring things like receipts, book excerpts and other things that are key to the case.
This matters because currently, lawyers and judge are seeing if they need to fly in a C-SPAN archivist to be able to enter some new evidence into record.
Why is this solution in use during this trial: The prosecution has to take this approach because "Trump's lawyers would not agree to admit the evidence." CNN's Jeremy Herb explained.
Some other examples of custodial witnesses that we have seen in the trial: Tracey Menzies of Harper Collins, Sally Franklin of Penguin Random House publishing group, Digital evidence analyst Douglas Daus and paralegal Georgia Longstreet from the district attorney's office.

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Jeebus!

Mr Mojo Risin said:

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[Do not make up thoughts and arguments for other users and then argue against those. You are welcome to discuss or make counter-arguments with users and the posts they've made discussing the subject of the thread. -Staff]

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Thanks for no ban here.

I should have clarified my statement before posting that it sure has gotten quiet around here from one side of the political spectrum following the defense's down dressing of the prosecution's star witness.

I should not have referenced another specific poster, and for that I apologize.

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The two sides have found a way to avoid recalling the C-SPAN archivist.
"We may be able to short-circuit this process," Joshua Steinglass says.
He said the photo "will come in with Mr. Cohen," referring to the prosecution's main witness, Michael Cohen.
"We will not call a paralegal and we'll agree to the following stipulation."
They will show the photo and tell the jury:

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"The peoples ex 417B is a still photograph taken from the end of the video which concludes at 7:57pm on October 24 2016."

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Michael Cohen entered the courtroom and walked to the witness box.
Trump was whispering with attorney Todd Blanche as he entered.
Prosecutor Joshua Steinglass indicated that the jury will hear the stipulation and then prosecutor Susan Hoffinger will ask Cohen to confirm on the stand that Trump's former bodyguard Schiller is in the photo.
Hoffinger is at the podium and showing the photo to Cohen.

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Michael Cohen, the prosecution's witness, identified Trump's former bodyguard Keith Schiller and Trump in the 2016 photo.

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Prosecutor Susan Hoffinger read the stipulation, "The parties have agreed that peoples exhibit 417b is a still photograph taken from the end of a video. The video concluded at 7:57 p.m. on October 24, 2016. It's signed by both the prosecution and the defense today May 20, 2024."

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The screenshot is now being shown in court for the jury and the public.
The photo is a screenshot from the end of the Trump rally in Tampa, Florida on October 24.

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Michael Cohen says he recalls speaking with Donald Trump "more than 20" times in October 2016 about Stormy Daniels.

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Sounds like judge and prosecutor teamed up to strong-arm a criminal defendant into stipulating evidence to account for mismanagement on the part of the prosecution.

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Prosecutor Susan Hoffinger went through a series of questions asking if Michael Cohen had any doubt that Trump told him to work it out with Allen Weisselberg and that Trump gave him approval to make the payment to Daniels.
Cohen replied, "No doubt."
"Would you have paid Stormy Daniels the $130,000 had Mr. Trump not signed off?" Hoffinger asks.
"No ma'am," Cohen says.

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We're now taking another break because prosecutors can't get audio to work.

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Not sure how a photo 8 minutes before the call confirms that they were side by side during the call.

Or if Trump was available to take a call or if he was busy dealing with other things.

Why can't this CSPAN hack appear via Zoom and save all this delay about logistics

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The jury is back and the audio issues appear to be resolved.
Prosecutor Susan Hoffinger is now playing a recording of a conversation between attorney Keith Davidson and Michael Cohen.
Judge Juan Merchan stops the recording briefly because Cohen was supposed to have the transcript on his screen and he did not.
It's playing now.

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Prosecutor Susan Hoffinger completed her round of re-direct questions to Michael Cohen and Trump attorney Todd Blanche is back at the podium to ask the prosecution's key witness more questions.

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Recross now.

Recross has begun

From before during redirect:

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The key line in the audio recording of the conversation between Michael Cohen and attorney Keith Davidson is when Cohen says:
"I can't even say how many times he said to me I hate the fact that we did it. My comment to him was every person that we've spoken to tells you it was the right move."
When asked to explain that line, Cohen says:

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"I was referring to the payment to Keith Davidson that I made on behalf of Mr. Trump for the Stormy Daniels matter for the nondisclosure agreement. "

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Hoffinger also asked Cohen to confirm who the "he" was in the line from the conversation between himself and Davidson.
"Mr Trump," Cohen says.

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Re-cross.
Trump's lawyer Blanche: You lost your law license - is that President Trump's fault?
Cohen: In part.
Blanche: But wasn't part of it your false statements to a bank, and tax evasion - in NY any felony costs you your license, right?
Cohen: Correct.

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Defense attorney Todd Blanche is asking Michael Cohen about his life being turned upside down.
Blanche asks him, "You lost your law license. Is that President Trump's fault?"
"In part," Cohen says.
Blanche asks whether Trump had anything to do with the tax crimes and false statements Cohen made to a bank. "No sir," Cohen says.
Blanche confirms with Cohen that if you're convicted of any felony you automatically lose your law license in New York.
But Cohen still blames Trump for losing his. "Correct," Cohen confirms.

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Trump's lawyer Blanche: Mr. Schiller would be with President Trump at every rally, right?
Cohen: Yes.
Blanche: You insist that in 90 seconds you spoke with Schiller about the caller, then told President Trump about Stormy Daniels?
Cohen: Yes.yp

Trump's lawyer Blanche: Mr. Schiller would be with President Trump at every rally, right?
Cohen: Yes.
Blanche: You insist that in 90 seconds you spoke with Schiller about the caller, then told President Trump about Stormy Daniels?
Cohen: Yes.

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Cohen has said he blamed Trump in part because of the "totality" of the crimes he was convicted, including the campaign finance violations.

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Ask him if he was ever fined by the FEC!!!

aggiehawg said:

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What else is new. I'm shocked really he didn't allow the photos. The fact that he was seemingly pressing the defense for a quick finish late last week and is now considering allowing a previous witness back in is proof of what you say.

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Just disgusting how this judge is manipulating this trial.

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IMHO Judge Juan Merchan is either

• A true believer in the need to destroy this country and favors a singular authoritarian ruling party with complete distain for the rule of law, or
• He has been compromised by someone pushing for the Democratic Party leadership.