Latest: The defense rested its case without calling Don 'Legit' Trumpilini to the stand. His lawyers did not present a plausible alternative explanation for payment to Daniels beyond unsupported allegations, since the burden of proof rests with the state. After arguments over jury instructions, it has been made clearer that the New York election law statute which is the underlying crime that make the record falsifications felonies is NY§ 17-152 which prohibits a conspiracy to prevent the election of a person to public office by unlawful means. In this case Trump conspired to prevent the election of Joe Biden by falsifying business records of a pay-off to prevent publication of a damaging story on the eve of the election. Do the math jury members: $420,000 / 12 = $35,000!
Update: The defense called just one substantive witness, attorney Robert Costello, and he laid a bomb on the defense. Costello is a Trumpworld minion who discussed representing Cohen. Cohen testified that he did not trust Costello to keep his communications confidential. Emails in evidence confirm his suspicion was well-founded as he acted as a "black-channel" to Trump. Costello drew the ire of normally placid Justice Merchan who theatrically cleared the courtroom to admonish him for his lack of decorum. Costello had audibly disagreed with a ruling by the judge, and then gave the judge a look, which clearly further upset Merchan. He said on the record that Costello's behavior was contemptuous. The judge is apparently feeling the effects of Trump's repeated violations of his gag order. The clearance only lasted a few minutes, but it must have left a negative impression on the jury when compared to the composed testimony of Michael Cohen under cross-examination. Justice Merchan scheduled closing arguments to begin on Tuesday after the Memorial Day break.
{19.08.24} Literally: Michael Cohen paid a tech consulting firm called "Red Finch" only twenty thousand of the fifty thousand he received from Trump.Org. He pocketed the difference. He paid Red Finch cash in a paper bag according to Cohen! That is the big revelation from the defense's cross examination, which came to a close today. Cohen explained on re-direct that he felt he was entitled to the money as a bonus that he did not get paid by Trump.Org. This is the same organization that was found guilty of criminal tax evasion. Birds of a feather and all that. The jury's body language and expressions indicate to practiced jury readers that they believe Cohen's explanation of the pay-off to Stephanie Cliffords, aka Stormy Daniels. They should because there is a 'smoking gun document' (Peoples' #35) in evidence before them.
The 97 second phone call to bodyguard/Trump was again covered in re-direct. Prosecution wants to introduce into evidence a C-SPAN clip showing Trump and body man in close proximity of each other leaving a rally a few seconds before the October 24, 2016 phone call occurred according to records in evidence. To prove it was entirely possible that Cohen spoke to both Schiller, the bodyguard, and Trump during that minute and a half. Defense objected vigorously to the clip as evidence claiming relevance and hearsay since the clip contains a time stamp. Justice Merchan has already decided that the clip is relevant to show context. In US Person's opinion it is also within the business records exception of the hearsay rule. The prosecution has already submitted a C-SPAN archivist testimony showing how the digital time stamps regularly occur in the course of its business. Faced with the jury viewing a potentially damaging video authenticated by a C-SPAN witness flown in from Louisiana, the defense stipulated to a single frame of the video showing Schiller and Trump together put into evidence through Michael Cohen. He has been on the stand for approximately 25 hours without being significantly impeached. The prosecution rested its case.
