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

Each time I see that Trump was smiling about something, I get worried that the witness just answered a question in such a way that they’ve set themselves up for a gotcha. However, looking back, ISTM he smiles when his name comes up.
And as much as I’m sure Trump hates that he has to go through this, you’ll never convince me that he isn’t thrilled about the non-stop coverage of it.

So is that the date of the prank call that the defense had their “gotcha” moment about? So this is the prosecution showing that Trump and Shiller were together when that call was made, so it is feasible that Trump could have taken the call briefly after Cohen spoke with Shiller about the prank call?

cnn update:

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:

"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. "

Hoffinger also asked Cohen to confirm who the “he” was in the line from the conversation between himself and Davidson.

“Mr Trump,” Cohen says.

Prosecutor Susan Hoffinger completed her round of re-direct questions to Michael Cohen.

Trump attorney Todd Blanche is now back at the podium to ask the prosecution’s key witness more questions, which is known as a re-cross.

It is the lawyers’ opportunity to question the witness again before the person wraps up their testimony.

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.

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

Trump attorney Todd Blanche is returning to the photo of Donald Trump and his former bodyguard Keith Schiller on October 24, 2016, that prosecutors entered into evidence.

“Your testimony is still… just so I understand… in that 90 seconds you spoke with Mr. Schiller about the problem you were having with the 14-year-old, got him to agree to take care of it, told him you would send him the number, which you did, but also had time for Mr. Schiller to pass the phone to Mr. Trump and update him on everything going on,” Blanche asked, echoing his questions from cross-examination on Thursday.

“Yes, sir,” Cohen said

rc: one lawyer mentioned that in summation they would have a 90 second break to show the jury how long that time is.

cohen is done. whew!

cnn update:

The prosecution has rested their case, prosecutor Joshua Steinglass announced in court.

Trump had no visible reaction. Trump did not look at Michael Cohen as he left the witness box for the last time.

msnbc: the defence has called daniel sitko? a paralegal for todd blanche.

Agreed. I was also having these misgivings about each time I saw reporting about Trump smiling at something. But I suspect it is really is a childish attention seeking … thing. I think there’s something to those who are suggesting that Trump wants to treat this as he’s treated all the civil trials. Just bury the opposing side under BS and suck up all the oxygen in the room. He thinks if people are talking about him that’s a good thing, even if everything is bad.

I think he really is incapable of grasping the difference between a civil and a criminal trial. And to go with that, I don’t think he has the mental capacity to recognize when something is good or bad, as it pertains to his trial.

So I’m guess the prosecution were convinced by Cohen that this did happen, or they would not have allowed this to be the last bit of (prosecution) witness testimony the jury heard.

https://www.linkedin.com/in/danny-sitko-a2288616b/

Can you describe that link? LinkedIn wants me to log in, and that’s a big O Hell No.

It’s just the linkedin of the next witness. He has worked for Blanche for 11 months and has been a legal assistant for some kind since 2020 since he got his BA in political science at Tufts.

Got it–thanks!

from cnn update:

Paralegal Daniel Sitko says he created a summary chart of phone calls.

He says he built the summary chart from one of the prosecution’s exhibits, a call log for one of Michael Cohen’s phones involving Robert Costello.

The record shows there were 75 calls between Cohen and Costello, answered and unanswered, in April May and June of 2018.

Blanche asks Sitko to highlight a 96-minute call on May 27, 2018, the Sunday before Memorial Day.

Some context: Costello once advised Cohen, but Cohen never formally retained him. The jury in this case has already seen emails from Costello offering to serve as a backchannel to Donald Trump after Cohen’s home and office were searched by the FBI.

Trump attorney Todd Blanche’s direct questioning of his paralegal Daniel Sitko is over.

Becky Mangold is doing the cross-examination for the prosecution.

She confirms with Sitko that there’s no way to tell who was on the calls listed from the general line of Davidoff Hutcher & Citron.

Remember: Cohen says he’s on a board with Jeffrey Citron who worked at the same firm as Costello at the time.

The defense has called Robert Costello to testify. They just wrapped up direct questioning of Todd Blanche’s paralegal Daniel Sitko.

The defense has called Robert Costello to testify. The prosecution and defense just wrapped up their questioning of Todd Blanche’s paralegal Daniel Sitko.

rc: of course there is another sidebar. the sidebar has gotten bigger.

per cnn:

Judge Juan Merchan is asking the jurors to step outside. Lawyers from both sides are at the bench before the defense’s next witness, Robert Costello, is brought into court.

“I do wish that we had discussed this earlier,” judge says.

This reminds of me of “A Few Good Men”.

We object. Overruled. We strenuously object!

Get the objection on record, but continuing to push it makes it seems like it is really damaging, when in reality this probably isn’t that big a deal seeing as how they aren’t contesting it anyway.

Can someone refresh my memory about why the defense is fixated on Costello?

per cnn:

Prosecutors are seeking to restrict the questioning of Robert Costello, a lawyer who once advised Michael Cohen.

Prosecutor Susan Hoffinger says:

“They should be restricted to two questions frankly that Cohen testified he didn’t recall. He didn’t recall Costello telling him that he should cooperate against Trump. He didn’t recall the words saying that he said to Mr. Costello that he had nothing on President Trump.”
Hoffinger adds that Cohen testified he didn’t tell Costello the truth because he thought it would get back to Rudy Giuliani and Donald Trump.

Trump attorney Emil Bove says that Robert Costello is being called to rebut the prosecution’s argument about a “supposed pressure campaign from President Trump.”

Bove also says Trump’s legal team let the prosecutors know they were likely to put Costello on the stand “days ago.”

From that initial meeting, Bove said Costello’s recollection is different from Michael Cohen’s.

“Costello recalls Cohen saying President Trump did not know about the payment to Stephanie Clifford (Stormy Daniels). That’s extremely probative of the core issues in this case,” Bove said.

Judge Juan Merchan asks Bove “you don’t think the whole pressure campaign theory is collateral?”

Bove says not at all.

“The whole purpose of this was to make president trump sound threatening,” Bove says. Merchan says he disagrees that was the purpose.

“I disagree that Mr. Costello can testify about Cohen’s state of mind. I’ll consider some of your other arguments but I’ll disagree to that,” judge says.

Donald Trump glares at Judge Juan Merchan as he debates attorney Emil Bove about what Robert Costello can testify to.

Prosecutors have rested their criminal hush money case against Donald Trump, capping off weeks of a trial that could result in a historic felony conviction against a former president.

“This means the prosecution believes it has met its burden of proof,” CNN analyst Elie Honig explained.

“That’s a big moment in a trial. And this is very much like you’d see in a movie. You get to — as the prosecutor — stand up and say, ‘your honor, at this point, the prosecution rests.’ That means they are done putting on their case,” he added.

Remember: The prosecution called 20 witnesses, including high-profile ones like Michael Cohen, Stormy Daniels, and Hope Hicks in an effort to convince jurors that Trump falsified business documents to cover up a payment to Daniels shortly before the 2016 election which they claim impacted the outcome.

The trial started on April 15 with jury selection. The prosecution’s first witness, David Pecker, was called a week later on April 22.

“This case is going to rise or fall on Michael Cohen, and just their relationship. There’s really no parallel to Michael Cohen and Donald Trump’s life,” CNN’s Jeff Zeleny reiterated.

Judge Juan Merchan is back on the bench after stepping away briefly.

He says he is going to take five minutes.

He told the parties to stay in the courtroom.

Donald Trump is leaning to whisper with his attorneys, Todd Blanche and Emil Bove, at the defense table.

Trump adviser Boris Epshteyn is leaning over the gallery rail and calls Blanche over to talk briefly before returning to his seat in the second row.

Judge Juan Merchan rules that Trump attorney Emil Bove can question Robert Costello "as to two prior inconsistent statements. "

In addition, he says, “I will give you some latitude to explore the pressure campaign so you can elicit some inconsistencies and offer some rebuttal.”

Merchan adds:

“I’m not going to allow this to become a trial within a trial as to whether there was, in fact, a pressure campaign and how it affected (Michael) Cohen. It’s not the purpose of this trial and I don’t want it to become that.”

The jury is back in the courtroom.

Robert Costello says he met Michael Cohen at the Regency Hotel on April 17, 2018.

Costello says he was accompanied by Jeffrey Citron, one of his partners, at the meeting.

Cohen was “absolutely manic” throughout the two-hour meeting, Costello says.

“He kept on pacing back and forth, left and right,” Costello says, while he and his law partner were seated.

Robert Costello, a one-time adviser to Michael Cohen, shakes his head as if he is exasperated when Judge Juan Merchan sustains an objection from the prosecution about one of his answers.

rc: lots of objections, more meetings.

Robert Costello is testifying about meeting with Michael Cohen in April 2018 and explaining to him that his legal issues would be resolved if “he had truthful information on Donald Trump and cooperated with the Southern District of New York.”

Costello said at the meeting, Cohen told him, "I really want you to explain to me what my options are ‘What’s my escape route.’ That’s the phrase he used.”

Costello went on to say that Cohen said 10-12 times during the meeting, “I swear to God, Bob, I don’t have anything on Donald Trump.”

Donald Trump’s attorney Emil Bove asks what Michael Cohen said about Trump’s family at the meeting at the Regency Hotel on April 17, 2018.

Judge Juan Merchan sustains an objection from prosecutor Susan Hoffinger, one of several he’s already sustained.

Merchan tells the lawyers to approach the bench.

“Ridiculous,” Costello says on the mic while attorneys are at a sidebar with the judge.

i believe they are still trying to say cohen went rogue. costello is saying that cohen had said numerous times that trump did not know.

From CNN:

Judge Merchan to Robert Costello: “Are you staring me down?”

Judge Juan Merchan has asked to “take a minute” and told the jury to step out.

“Mr. Costello you’re to remain seated,” the judge told witness in a raised voice.

After another sustained objection, witness Robert Costello rolled his eyes and let out an audible sigh side, glancing at Merchan.

“I want to discuss proper decorum in my courtroom,” the judge says.

Merchan also said, “You don’t give me a side eye and you don’t roll your eyes.”

“When there’s a witness on the stand, if you don’t like my ruling, you don’t say ‘jeez,’ you don’t say strike it,” Merchan says.

Then Costello held a long glare at the judge.

“Are you staring me down?” Merchan said.
Then Merchan said “clear the courtroom.”

[This is a-maz-ing!]

“There was no pressure campaign” (proceeds to stare down the judge)

These people just can’t help themselves. This sort of stuff seems natural for them.

per msnbc scroll:

oh dear! things have blown up!

merchan has told costello to sit down and demands " clear the courtroom!"!

per cnn:

There is another objection to a defense question for Robert Costello, which is sustained by Judge Juan Merchan.

Costello lets out a “Jesus!”
Merchan leans forward and says to Costello, “Sorry?”

There is a big audible laugh in the court’s overflow room to Costello’s exclamation.

Trump attorney Emil Bove resumes his questioning of the one-time legal adviser to Michael Cohen.

There is no further discussion of the comment.

The jury is seeing an email brought up earlier during Michael Cohen’s testimony.

Robert Costello testifies that Cohen asked him to reach out to Rudy Giuliani on his behalf about the issue.

“He told me I was authorized to tell Giuliani that my firm was quote ‘on the team.’ That’s the phrase he used, but that he wasn’t going to announce it publicly,” Costello says.

Judge Juan Merchan has asked to “take a minute” and told the jury to step out.

“Mr. Costello you’re to remain seated,” the judge told witness in a raised voice.

After another sustained objection, witness Robert Costello rolled his eyes and let out an audible sigh side, glancing at Merchan.

“I want to discuss proper decorum in my courtroom,” the judge says.

Merchan also said, “You don’t give me a side eye and you don’t roll your eyes.”

“When there’s a witness on the stand, if you don’t like my ruling, you don’t say ‘jeez,’ you don’t say strike it,” Merchan says.

Then Costello held a long glare at the judge.

“Are you staring me down?” Merchan said.

Then Merchan said “clear the courtroom.”

There is a burst of yelling by security officers in the courtroom and they’re telling the media to leave after the judge said, “Clear the courtroom.”

Court security just said, “Nobody can come back in.”

Shortly afterward, the media was allowed to return to their seats in the courtroom.
Judge Juan Merchan has said to get the jury.

Most of Trump’s entourage got to stay in the room while the press was taken out.

oh dear!

from msnbc: costello looks embarrassed and angry on the witness stand.

Back when Cohen is not only saying he was lying, but has actually served time for lying to protect Trump? If I were on a jury, I’m not sure how compelling this would be. It’s not really contradicting anything the prosecution is trying to establish or what Cohen is testifying to.

I mean, Trump keeps attacking witnesses and such DURING THIS TRIAL. How hard is it to get people to believe Trump does this when he’s literally doing it RIGHT NOW?!

Why is Costello being so antagonistic?