Manhattan Prosecutors file criminal charges for Trump re Stormy Daniels case - ongoing discussion here (Guilty on all 34 counts, May 30, 2024)

fron cnn update:

Donald Trump’s legal team is led by Todd Blanche and Emil Bove, two former federal prosecutors from New York, and Susan Necheles, a veteran criminal defense lawyer with deep experience in New York and with appearing before Judge Juan Merchan.

The defense is expected to begin their cross-examination of Michael Cohen, the prosecution’s key witness, when the court returns from the lunch break.

During cross-examination, defense attorneys typically aim to discredit the testimony of the prosecution’s witnesses. Witnesses’ responses are considered evidence, but not the questions posed by an attorney.

Here are the key things to know about Trump’s legal team:

  • Bove was the co-chief of the national security unit at the US attorney’s office for the Southern District of New York. In a statement to CNN in September 2023, Blanche said that Bove is “an expert in white collar and CIPA-related litigation.”
  • Blanche has worked as a prosecutor and defense attorney at two large law firms, according to his website. He says that during his career as a defense attorney, he got the criminal indictment against Trump’s 2016 campaign chairman Paul Manafort dismissed prior to trial and achieved an “unexpectedly positive result in the politically charged prosecution by the SDNY against Igor Fruman, an associate of Rudy Giuliani.” Fruman was sentenced to one year and one day in prison for his role in a scheme to funnel Russian money into US elections. He has not cross-examined any witnesses so far because, CNN analysts say, he is entirely focused on Michael Cohen’s testimony.
  • Necheles represented Trump’s business at its tax fraud trial in 2022. The company was convicted.
  • Kendra Wharton, a white collar defense lawyer who has experience practicing in Washington, DC, was added to the former president’s legal team. She is a “brilliant lawyer” and “clients have trusted her for years,” Blanche said in the 2023 statement.

Not sure if I’d hold that against her.

I don’t think it’s leading, but maybe. It could be asked even more generally (Was the recording altered?) What would absolutely be leading is: You did not alter the recording, right? It’s leading because you’re leading them to the answer you want - it’s built into the question = No.

**I’m looking at the question in a vacuum. If he’s already testified about it then it’s different.

here is a bit from washington monthly:

Merchan previewed his instructions to the jury. If the sex happened, the judge said, that “increases the motivation to silence her.” So it is relevant and admissible. He said he had been recently reviewing his March decisions on pre-trial motions. Those rulings were my first exposure to Merchan, and I found them thoughtful.

Now, he was prepared to apply those rulings to how the evidence had been coming in so far. In the course of rejecting the motion for a mistrial, the judge told Blanche that his blanket denial of any sexual encounter in his opening statement “put the jury in the position to decide who to believe—Donald Trump or Stormy Daniels.” He added that while prosecutors don’t have to prove Daniels’ story of a sexual encounter, “they can let her tell it.”

Necheles tried to explain her failure to object more often on Tuesday and Thursday by claiming that she thought the judge’s pre-trial hearings prevented it.

“Wrong,” Merchan told her. He himself had objected to the trailer park reference. “For some unexplained reason, there was no objection to certain testimony,” including the mention of the condom. “I agree that should have come out,” the judge said. “But for the life of me, I don’t know why Miss Necheles didn’t object.”

That is a serious brushback, and Trump must have noted it. I’m told from reliable sources that she and Trump have not been speaking recently, partly because she refused to sign on to some pre-trial motions she considered frivolous and damaging to her reputation.

More fundamentally, Necheles had the balls to confront Trump. In 2023, Trump called her “a loser” for failing to convince a jury to acquit Allen Weisselberg. Necheles, I’m told, was pissed and told the former president that Weisselberg lost because he was guilty. We’ll see this week if she or Emil Bove will handle most of the cross-examinations. My bet is that it’ll be Bove.

from an article called day 15 trump misfires in bid for mistrial.

the “loser” exchange is the one referenced in the talking feds pod cast i referenced above.

in other news, prosecutors told the judge that cohen is the last confirmed witness.

from cnn updates:

Michael Cohen will be the last witness to testify for the prosecution in former President Donald Trump’s historic hush money trial, according to the court transcript.

In a court transcript from Tuesday morning, prosecutor Joshua Steinglass told Judge Juan Merchan that his team had plans to call another witness, but they decided against it, making Cohen the last witness to be called by the prosecution in the case.

Defense attorney Todd Blanche also said to the judge he expects their cross-examination of Cohen “will continue until the end of the day Thursday,” according to the transcript. Blanche also said it is not clear if Trump would testify, according to the transcript.

If it comes out on cross that Trump’s “fixer” Michael Cohen acted on his own to protect the boss on prior occasions, does that change anything?

that would be a trial changer and quite the boom! in the court room.

Wow! Last week they said there would be one more. So the defense will begin their case as early as Friday (or is that graduation day?). The defense may just rest.

yes, the defence seems to be thinking cohen until thursday. i believe that friday will be an off day for barron’s graduation.

trump has his comfort stack of papers.

Again the prosecutor are not chumps. If there was evidence for that they would have brought it up and attempted to spin it. They would never leave it to be revealed with a tada on cross

Agree. No surprises. The defense will just try to poke holes in Cohen’s story and portray him a lying for revenge. First question, “were your answers coached or rehearsed?”

Wow. Blanche is coming out swinging. Paraphrased, “You went on TikTok and called me a crying little shit, didn’t you?”

Cohen: “Yes, that sounds like something I would say.”

Ok thats weird strategy. I can see why they want to show Cohen has a grudge against Trump, but why does a grudge against the defense lawyers help their case?

To show that he’s immature and has no self control? Of course…

Get under his skin, rile him up, and try to get him to fall apart on the stand, I would think. Doesn’t look like they think they can win on the evidence

defence first question: you went on ticktock and called me “a crying little sh…”. cohen: sounds like something i would say.

objections went flying. sidebar. reaction from the jury smiles and looks between them.

cnn update:

“You went on TikTok and called me a crying little sh*t​” just before the trial began, Trump attorney Todd Blanche asked.

Cohen nodded and said, “Sounds like something I would say.”

Judge Juan Merchan sustained multiple objections following questions from the defense, including one asking Cohen if he made comments about himself and Trump attorney Susan Necheles.

“The questions are stricken,” the judge said.

Todd Blanche asked Michael Cohen if he’s been following the trial.

“To some extent, yes,” Cohen says.

Donald Trump smiles and nods as he says this.

“I have watched CNN and MSNBC, but not religiously, in order to follow the full extent of the trial,” Cohen says.

rc: blanche is coming in hot and furious.

“Is it fair to say prosecutors have repeatedly asked you to stop publicly commenting on this case?” Trump attorney Todd Blanche asks Michael Cohen.

“Yes,” Cohen responds.

msnbc is giving jury colour, the jury is watching both very closely one has a slight smile.

Blanche’s strategy might be to get under Cohen’s skin to make Cohen flub the cross. I wonder if, for weeks, Cohen has had exactly the same strategy regarding Blanche.

cnn update:

Trump attorney Todd Blanche is now asking Michael Cohen about being represented by Lanny Davis.

Blanche said there was a leak to the Associated Press and both he and Davis denied being the source of the leak to the district attorney’s office.

“Do you remember at that time the DA office was frustrated that when they would say something to you or your lawyer about the investigation you would talk about it on TV?” Blanche asked

“I do not recall that no,” Cohen said

Yeah. Blanche seems to be looking for Cohen to have a “You can’t handle the truth!” moment.

Cohen is incapable of doing what he’s told and does what he wants…one hot take where this might be headed.

Edit…Blanche gets to project and pretend he’s talking to Trump, ha!

Jeez, I understand that CNN has bills to pay, but so many commercials! I’m starting to think I’m watching “The Trump Hush Money Trial, brought to you by Mucinex and Jardiance!”