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Stormy Weather TFG on Criminal Trial in NYC

News and commentary on trials, the law, and expert opinions about legal systems
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Re: Stormy Weather TFG on Criminal Trial in NYC

#136

Post by ti-amie »



Justice Merchan won't let it come in, noting that anyone can be accused of — or arrested for — something.

"It's not probative of everything," he says.

Stormy Daniels enters, dressed in black, once again.

Cross-ex resumes:

Trump's attorney Susan Necheles asks Daniels whether she recalled stating that her accusations against Trump were "(expletive)."

Objection.
Sustained.

Necheles asks a series of questions about Daniels seeking to make money about her story.

Daniels pushes back, saying she wanted to get the story out.

Asked why she didn't just hold a press conference, Daniels says she was running out of time.

Necheles notes that Slate had interest in Daniels' story, but she stopped talking to its reporter amid the NDA.

Daniels: "I stopped talking to numerous people because I signed the non-disclosure, and that was part of the deal."

Necheles asks whether Daniels asked Slate's reporter that instead of being paid for her silence she wanted to be paid for her story. She rejects the premise.

Daniels: "Yes, I wanted the truth to be printed, with a paper trial."

Q: You wanted money, right?
A: I wanted the truth to come out.

Necheles asks whether Daniels said that she either wanted money or to hurt Trump politically because of his positions on gay rights and abortion.

"No," Daniels says.

Asked a similar question later, Daniels answers: "False."





Specifically, Davidson refers, on the tape and the transcript, to Rodriguez and her boyfriend.



Asked if Daniels knew Trump was concerned about his family, Daniels answers: "I was never mentioned anything about his family."

The judge overturns the defense's objection to her answer.
Adam Klasfeld
@KlasfeldReports
·
6h
Clarification: This is full question and answer before Stormy Daniels deadpanned, "No, nobody would ever want to publicly say that."

Katie Phang
@KatiePhang
NECHELES: “Even though you had agreed that you would not discuss this supposed story and you had received a lot of money for that agreement, you then decided that you wanted to publicly say that you had sex with Donald Trump.”

DANIELS: “No, nobody would ever want to publicly say that”. I wanted to publicly defend myself after Michael Cohen told that story.

NECHELES: You wanted to make more money?
DANIELS: No, that's why 60 Minutes was free.

NECHELES: In that [60 Minutes] interview you told the world what happened with Pres. Trump?
DANIELS: Yes and I was not compensated

NECHELES: You got lots of publicity?
DANIELS: Lots of bad publicity.
Daniels is asked about her tour "Make America Horny Again." She says she didn't use the name, which she hated.

Asked about her remarks about how more "resistance" supporters attended her shows, Daniels replies: "The climate in the club definitely changed." But she says that she didn't sell herself to a different demographic.

Daniels: "I just did the same job I always did."

Asked about whether "Full Disclosure" spoke about her alleged tryst with Trump, Daniels replies it was the story of her life.

There was laughter in the courtroom after Daniels deadpanned: "No, nobody would ever want to publicly say that," referring to her alleged tryst with Trump.

Daniels: "You're trying to trick me into saying something that isn't entirely true."

Q: You have become a hero at those parties to Trump haters, haven't you?
A: I don't know. I can't speak for other people.

Daniels says that her documentary was "polarizing," not eliciting one opinion.

Asked whether Daniels hoped she'd be "instrumental" in putting Trump in jail, Daniels sharply replies: "Show me where I said I'd be 'instrumental' in putting Trump in jail."

“Do not grow old, no matter how long you live. Never cease to stand like curious children before the Great Mystery into which we were born.” Albert Einstein
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Re: Stormy Weather TFG on Criminal Trial in NYC

#137

Post by ti-amie »

Adam Klasfeld
@KlasfeldReports
·
6h
Daniels, coolly, factually and with a hint of indignation: "I responded to hundreds of tweets like this, calling me names."
Necheles turns to a series of questions on Daniels' merchandising.





Necheles turns to a series of questions about Stormy Daniels' show about the paranormal, a subject that Michael Avenatti deployed to attack her credibility during his criminal case.

(For Avenatti, that effort failed: He was convicted.)

Necheles asks Daniels a series of questions suggesting she attacked her former partner — a topic specifically ruled inadmissible before trial today.

Objection.
Sustained.
Judge: Counsel, we discussed this.

Necheles tries quite a few follow-up questions on the subject — all objected to and all

Q: You have a lot of experience making phony stories about sex appear to be real.
A: (laughter) I wouldn't put it that way.

Daniels says the sex is "very real," but the relationships between the characters aren't, "exactly like what happened in that room," referring to Trump's hotel suite.

"And if that story was untrue, I would have written it to be a lot better," Daniels says, wryly.

Observation:

Daniels is a lot more confident, wry, and controlled during this cross-examination than when her testimony first began.

Utterly gone is any trace of her evident nervousness and speed-testimony from Day One.

Facing Trump's attorney, she seems in muted fight-mode.

Daniels lays back diagonally in her chair, looking relaxed and comfortable during the volleys of questions and answers.

Asked whether Daniels' story about Trump has changed over the years, she cooly responds: "No."

Asked whether the photo with Trump is one of the "dozens" of photos she took with celebrities, Daniels replies: "Yes."





Daniels, on the distinction Trump's lawyer is trying to draw between getting his number versus get his bodyguards:

"As I said, a bodyguard or a handler is an agent."

Trump's lawyer notes that Daniels didn't speak about her reluctance to go to the dinner in this interview.

Daniels: "This is an entertainment magazine," she says, noting that it's "light" and "frivolous."

Later: "It's an abbreviated, entertaining version of the event."
Adam Klasfeld
@KlasfeldReports
·
6h
By the way, this was the exact candle shown to Daniels earlier.

Stewart Bishop
@stewartbishop
Necheles shows the court a shot of Stormy’s merch page, in which she’s selling a “Saint Stormy of Indictments”candle.

“That’s not you bragging about how you are the saint who got President Trump indicted?” Necheles asks.

“I thought it was funny,” Stormy says.

https://pbs.twimg.com/media/GNJQ-ItWEAA ... name=large
The next alleged discrepancy — "dinner" vs. "snacks" or "food."

Daniels, with mild exasperation: "It was dinner!"

"It was dinnertime" and food, she adds.

Necheles pursues this line further with other Daniels interviews.

Daniels suggest that Trump's lawyer is misleadingly portraying her words:

"You're showing one sentence of an entire conversation."

Daniels: "We had dinnertime in the room."

Q: Your words don't mean what you say, do they?

Objection.
Sustained.

Throughout this exchange, Daniels emphasized the food never came, and she says she's been consistent about that.

Now

Florida Sen. Rick Scott exits the courtroom for a presser.

Daniels: Where I'm from, having dinner with someone doesn't mean you have to put food in your mouth.

She's emphasized multiple times throughout cross-ex that they planned to have food, and it was dinner time.

Q: Details of your story keep changing, right?
A: No.

Q: You have acted and had sex in over 200 porn movies?
A: About 150 of them, yes.

Necheles asks incredulously whether she got lightheaded by seeing Trump in his T-shirt and boxers, given her work.

Daniels responds, decisively: "When you're not expecting a man twice your age," yes.

Q: You're a pretty assertive woman, right?
A: More now.
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Re: Stormy Weather TFG on Criminal Trial in NYC

#138

Post by ti-amie »



Daniels: "I have maintained that he did not physically threaten me in any way."

Trump's lawyer tries to suggest that Daniels told Vogue something different in 2018, which Daniels rejects.

"You're trying to make me say that [my story] changed, but it hasn't changed."

Morning recess.
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Re: Stormy Weather TFG on Criminal Trial in NYC

#139

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Adam Klasfeld
@KlasfeldReports
·
5h
"We're back."

Necheles shows an Instagram post for Daniels' "Make America Horny Again" tour.

Necheles asks a series of questions that presumably please Trump, asking Daniels to agree that her client is a good golfer and people followed him around.

Q: He did very well at that golf tournament, right?
A: I don't remember.

Asked about Trump's indictment, Daniels deadpans: "There are a lot of indictments."

Necheles: I move to strike that your honor.
Overruled.

Cross-ex concludes, and there's a brief sidebar before redirect.

At least, we'll see how brief it is. Standby.

Redirect begins:

Assistant DA Susan Hoffinger asks about fear being a motivator for Daniels entering the NDA, and the prosecutor asks about Daniels receiving advice about "hiding in plain view."

Daniels says she was told: "Get high; stay high."

"It just means that if you're out in the open, you're safer," she says.

(This happened after the threat she said occurred in the Las Vegas parking lot.)



During cross, Necheles suggested that there were omissions and inconsistencies in Daniels' other interviews, including with
@AndersonCooper
. But the prosecutor shows the similarities.

Q: You did tell Anderson Cooper that you had sex in the hotel room?

Objection.
Overruled.

As Hoffinger rattles off other consistencies, Necheles continues to object, at one point saying the interview isn't in evidence.

The judge continues to overrule her, until there's a sidebar conference.

When the sidebar ends, Hoffinger asks one more, general question about how her testimony is consistent with what she told Cooper.



Q: You did not testify before the grand jury in this case, did you?
A: I did not.

Q: So you had nothing to do with the charges in this case, did you?

Defense: Objection.
Judge: Overruled.

Q: You can answer.
A: I did not.

Q: Have you been telling lies about Mr. Trump or the truth about Mr. Trump?
A: The truth.

Asked to explain her prior testimony she's both made and lost money talking about Trump, Daniels said: "I've had to hire security, take extra precautions," and hire "a tutor for my daughter."

She notes that she has the attorney's fees judgment.

Asked whether her coming out against Trump been a net positive or net negative in her life, Daniels replies: "Negative"

Hoffinger: "No further questions."

End of redirect. Recross begins.



In her final questions, Necheles asks about Trump's post on Truth Social: "IF YOU GO AFTER ME, I'M COMING AFTER YOU!"

Asked if it's about her, Daniels says she doesn't know whom it's directed toward — "And I've said as much."

On one final round of redirect, Hoffinger asks Daniels to confirm the date of Trump's Truth Social post calling her "Horse Face."

She does.

Stormy Daniels' testimony concludes, and the witness exits the courtroom.
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Re: Stormy Weather TFG on Criminal Trial in NYC

#140

Post by ti-amie »

I'm putting this here because I read it before I started posting today's testimony and didn't get the references she's making here. JMHO but the cross was directed by TFG.
Katie Phang
@KatiePhang
Katie's Sidebar:

IMO it was a bad defense strategy to try to "slut-shame" Stormy Daniels today on cross for her professional choices. Directly accusing her of being a liar because she works in the adult film industry was a poor decision.

The defense suggests that just because Daniels chooses to be a part of that industry, then she couldn't possibly be offended by a half-naked, "older" man who invited her to dinner, began the evening in satin pajamas, and then stripped his clothes to a t-shirt and boxers when she was in the bathroom.
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Re: Stormy Weather TFG on Criminal Trial in NYC

#141

Post by ti-amie »

Adam Klasfeld
@KlasfeldReports
·
5h
Next witness: Rebecca Manochio, the Trump Organization's former executive assistant and current junior bookkeeper.

"I was compelled to testify," she confirms.

When questioning turns to ex-Trump Org controller Jeff McConney, the prosecutor asks what a "controller" is.

"I'm not really sure," Manochio says.

Prosecutor (bemused): "Fair."

Manochio is asked about the procedure for sending checks to Washington, D.C.

She would send "a few" at a time.

Q: More than 50?
A: No. [...] At one time? [...] Maybe between 10 and 20; I don't know.

Manochio said that Deborah Tarasoff would let her know if something was missing.

Asked if she understands that she's being called as a custodian of records, Manochio says: "Yes."

The prosecutor primes the witness to identify exhibits.

The witness reads FedEx records, entered into evidence.

Q: Did you ever send anything to Keith Schiller other than checks for Mr. Trump to sign?
A: No.

This direct examination, conducted by prosecutor Rebecca Mangold, focuses largely on the witness's close readings of FedEx records which will be submitted into evidence and eventually made public.

Clerical stuff, but it builds the paper trail at the heart of the case.

End of direct examination. Lunch break before cross.

Justice Merchan informs the jury that they may be ahead of schedule.
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Re: Stormy Weather TFG on Criminal Trial in NYC

#142

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Adam Klasfeld
@KlasfeldReports
·
4h
After the jury leaves, Trump's attorney Todd Blanche signals he'll move for a mistrial. He also wants to block Karen McDougal's testimony and amend the gag order to allow Trump to respond to Daniels.

The judge schedules arguments on these for 4 p.m.
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Re: Stormy Weather TFG on Criminal Trial in NYC

#143

Post by patrick »

Mr Delay is at again with everything except for Daniels delayed until after the election
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Re: Stormy Weather TFG on Criminal Trial in NYC

#144

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Adam Klasfeld
@KlasfeldReports
·
3h
The next witness up: Tracy Menzies, a senior VP Creative Operations and Production for HarperCollins.

She's here as another custodian of records.

The jury is getting another tour of Trump's oeuvre:

"Think Big: Make It Happen in Business and in Life."



Chapter heading: "DO NOT TRUST ANYONE."

It relates his motto, "Get the best people, and don't trust them."

Context: Prosecutors want to show that Trump was a micromanager, boasted about being a micromanager and wrote many books extolling the virtue of micromanagement.

Trump extols loyalty in another passage before stating:

"People like Allen Weisselberg and Matt Calamari are great and have proven themselves over many years."

Another passage of Trump's book:

"My motto is: Always get even. When somebody screws you, screw them back in spades." [...]

"Getting even is not always a personal thing. It's just a part of doing business."

Cross-ex by Todd Blanche:

Q: Were you part of the publishing of this particular book?
A: No, I was not.

Q: Is it fair to say the book is 380 pages in total?

The witness agrees, after checking.

Asked if she was asked to read six pages, the witness agrees. She also agrees that she did not pick them.
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Re: Stormy Weather TFG on Criminal Trial in NYC

#145

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Adam Klasfeld
@KlasfeldReports
·
3h
Next witness: Madeleine Westerhout

Q: In total, how long were you in the RNC?

Three and a half years, she says.


Questioning turns to the "Access Hollywood" tape:

"At the time, I recall it rattling RNC leadership," Westerhout says, confirming that there were conversations about how to replace him as a candidate "if it came to that."

Westerhout recalls helping Trump interview candidates for certain positions.

"A majority of the working days from November through about January."

Since she kept scheduling high level meetings, she recalls, she earned the nickname 'The Greeter Girl.'

Q: Do you know someone by the name of Michael Cohen?
A: Yes.

Westerhout recalls being offered a job at the White House sitting outside the Oval Office.

"Yes, I do!" she recalls responding, with a chipper laugh. "That seems like a really cool job."
Adam Klasfeld
@KlasfeldReports
·
2h
Press pool report:

"Trump entered the hall at 2:14. He raised his first and walked into the courtroom without answering 'why is Rick Scott here and not your wife' and 'why don't you want Karen McDougal to testify'"

Via
@JayShams
The prosecutors show the witness and jurors as a sketch of the Oval Office layout.

Q: Did anyone in the Oval Office sit closer to Mr. Trump than you?

"No," she answers, specifying that it stayed that way for at least the first few months of Trump's term.

Westerhout initially sat as close to the Oval Office as one could get without getting inside, but her seating eventually changed to give her an unobstructed view of the Resolute Desk.

Westerhout:

[Trump] preferred speaking to people in person or over the phone.

Westerhout recalls Trump speaking to people over the phone as early as 6:30 a.m. and until quite late in the night, after she went to bed.

She says, with a slight laugh, that she felt bad about that.

Q: Did Mr. Trump use a computer?
A: Not to my knowledge.

Q: Did Mr. Trump use an email account?
A: Not to my knowledge.

Q: Did Mr. Trump like to read?
A: Yes.

Westerhout confirms she coordinated with the Trump Org "on some things."

Westerhout says her primary point of contact at the Trump Org was Rhona Graff. She would pass along Trump's questions for the company's employees, and vice versa.

Exhibit: Email from Rhona Graff to Westerhout, with an Excel spreadsheet attachment.

It's a redacted contact list, the witness says.

Westerhout:

"This is a contact list of the President's friends, family and people he might like to speak to."

On the second page, there's Bill O'Reilly, David Pecker, Jeanine Pirro, Allen Weisselberg, Steve Wynn, Maryanne Trump, Robert Trump, Tiffany Trump and others.

Also on the spreadsheet: Michael Cohen

Next exhibit:

A text exchange between Westerhout and Hope Hicks.







Like Hope Hicks before her, Westerhout cries on the witness stand after recalling saying something she shouldn't have during an event that she believed to have been off the record.

Her voice is still wavering.

Westerhout's book "Off the Record: My Dream Job at the White House, How I Lost It, and What I Learned" is shown to the jury.

End of direct examination.
Cross begins.



* Their.

Q: After the transition, you moved to the White House, right?
A: Yes.

Asked what working with Trump was like, Westerhout called it "amazing." He never made it seem like a "big deal," like she "didn't deserve that job" — or that she "didn't belong there."

"I just found him very enjoyable to work for," she says.

Westerhout agrees with Trump's attorney that he had a close relationship with his children.

Westerhout delivers her sentimental reflections about Trump's interactions with Melania directly to jurors.

One appears to smile and nod; others seem impassive.

Necheles asks about Westerhout's conversations with Rhona Graff from the White House

Q: This didn't have to do with Trump Organization business, did it?
A: No.

Q: This had to do with personal affairs.
She agrees.

Trial adjourns for the day to leave at least a half hour for oral arguments on the motions for a mistrial, to block Karen McDougal's testimony, and to amend the gag order.

Justice Merchan gives his usual instructions to the jury.

Standby for oral arguments.

As Trump leaves, a spectator tells Trump: "God is with you. Stay strong."

The man is escorted out — no outbursts, any outbursts, whatever the content, are allowed in court.
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Re: Stormy Weather TFG on Criminal Trial in NYC

#146

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Adam Klasfeld
@KlasfeldReports
·
1h
Trump's attorney Todd Blanche: "The People informed me that they no longer intend to call Ms. McDougal."

That knocks down the pending motions to two.

Blanche wants Trump to be able to respond to what the lawyer describes as a completely new version of events by Stormy Daniels.

Blanche says the only witness left that is the subject of the gag order is Michael Cohen.

"He's going to be asked repeatedly ... about the new issues of consent," he says.

He says "there are voters out there" who will ask him about it.

Assistant DA Christopher Conroy:

It seems like the other side lives in a completely alternate reality.

Conroy:

If someone wants to respond to something that's said, it should happen "in this room"; it shouldn't happen "out there," gesturing to the hallway.

Conroy notes that there are people that will make Trump's case out in the public.

"Unfortunately, we've seen the results" of Trump's public attacks, including explosion and threat cases against the DA's office.

Conroy says the judge "has seen firsthand" about the threats trial participants have faced.

"I spoke to a witness last night, a custodial witness," who puts in records, "who was worried about safety," he says.

Conroy:

"This order is not designed just to protect the witness when they're done" on the witness stand.

Conroy:

"Let's not pretend" that Trump is interested in fostering "high-minded discourse."

Blanche reiterates his claim that Daniels testified about a "completely different version of events."

Justice Merchan challenges him on that point, asking for specifics.

He recites a darker passage from the transcript of her testimony, with the "blacked out" line.

Merchan: "I don't see what you're referring to as a new set of facts, about a new theory of the case."

Justice Merchan:

"My concern is not just about protecting Ms. Daniels. My concern is about protecting the integrity of these proceedings as a whole. [...]

They are going to see how witnesses who have testified will be treated by your client."

Merchan says he can't just take Blanche's word that Trump's response will be low-key and not an attack.

"That's just not the track record."

He adds later: "Your client's track record speaks for itself."

Request to amend the gag order DENIED.

Next up: The motion for a mistrial.

Blanche says that he can memorialize the defense arguments in writing over the weekend.



Blanche recites the passage of the transcript where Daniels quoted Trump trying to talk her into sex by telling her "f you ever want to get out of that trailer park."

Blanche, with some indignation: "You have jurors who are now hearing about an imbalance of power between a man and a woman."

He says that isn't relevant to the case.

Blanche faults prosecutors for asking "do you remember how your clothes got off," "Is that a memory that has not come back to you" and other inquiries.

"There's no reason for that question, your honor. It shouldn't have been asked."

Merchan notes that he sustained objections after many of the lines Blanche cited.

On Daniels saying Trump didn't wear a condom, Blanche says the defense didn't know there was a series of questions. He calls the line of questions "so prejudicial."

"It's a dog whistle for rape."

ADA Steinglass responds to Trump's lawyer's presentation:

"The claim of ambush is just nonsense. The claim of changing the story is just extraordinarily untrue."

Steinglass:

"This is not a change of story, as they’re trying to characterize it."

What's more, Trump lawyer Susan Necheles probed any inconsistencies in her “very thorough” if “misleading” cross-examination, he adds.

Steinglass argues the details were necessary to back up Daniels' credibility amid Trump's attacks against her:

"Those are the kind of details that make the account more credible."

Steinglass:

"They're basically trying to have their cake and eat it too."

They're trying to claim that Daniels' account is false, while barring details that corroborate the account.

Steinglass defends eliciting testimony about the spank.

If prosecutors didn't do that, the defense would have invoked it to undermine her testimony that she was surprised when the encounter turned sexual.

Steinglass turns to the detail about the condom:

That relates to Daniels' earlier testimony about strict safety measures in the pornographic film industry, another corroborating detail, he says.

Steinglass, emphatically and loudly:

"Those messy details: That is motive."

Steinglass says he's happy to make a sealed record of more salacious details that are "highly corroborative," yet not put into the record, so as to "avoid embarrassing the defendant."

Justice Merchan was about to rule before Trump's lawyer Todd Blanche stands up to respond.

After a short interjection, the judge sits him back down, before pronouncing his ruling.

Justice Merchan says he reviewed his pre-trial motions setting the boundaries surrounding the admission of evidence as trial, known as motions in limine.

Judge:

Mr. Blanche, you denied that there was a sexual encounter between Stormy Daniels and the defendant.

Merchan notes that Blanche made that remark in opening statement, leaving a controversy for the jury about whom to believe.

Justice Merchan notes that Trump's lawyer didn't object to objectionable remarks multiple times:

"There were many times, not once or twice, when Ms. Necheles could have objected, but didn't."

Merchan notes that he objected "sua sponte" (of his own accord) after Ms. Daniels' remark about the "trailer park."

When she did object, the judge said: "Virtually every single one of her objections was sustained."

Merchan notes there was no objection of the line of questioning about the condom:

Why she wouldn't object to a mention of the condom I don't understand

Merchan notes that, at a sidebar conference, prosecutors wanted to bring in a 2019 documentary about Roger Ailes called "Bombshell," addressing the sexual harassment scandal.

The judge immediately ruled he wouldn't let that in.

"I did that to protect your client," he says.

Judge:

Your motion for a mistrial is DENIED.

Trump exits.

See you tomorrow morning.
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Re: Stormy Weather TFG on Criminal Trial in NYC

#147

Post by ti-amie »

It should be noted that both Adam Klasfeld and Katie Phang work for MSNBC. Phang has her own show and Klasfeld has been working with Lawrence O'Donnell since the trial started.
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Re: Stormy Weather TFG on Criminal Trial in NYC

#148

Post by ti-amie »

Phang adds a bit more nuance to her report of the issues raised after the jury is excused.

Katie Phang
@KatiePhang
The lawyers have returned now that the jury has left for the day.

The first issue has been resolved: The prosecution has decided NOT to call Karen McDougal as a witness.

The second issue: Trump wants to be able to respond to Stormy Daniels by amending the gag order.

BLANCHE: “There’s voters out there and there’s questioners that will ask him questions about it, and he can’t say anything.”

Blanche: Daniels' friend was on TV last night talking about what happened and corroborating what Daniels said.

The prosecution:

CONROY: “Modifying the gag order now to attack Ms. Daniels… “let’s not pretend [Trump] wants to engage in high-minded discourse”

CONROY: The fact that witnesses are brave enough to come in here, under subpoena and under oath, “Shouldn’t expose them to this defendant’s barrage of threats.”

MERCHAN: “My concern is not just with protecting Ms. Daniels or a witness who has already testified. My concern is protecting the integrity of the proceedings as a whole."

MERCHAN: I can't take your word for it that it’s going to be low key, that it's not going to be an attack. Because “that’s just not the track record.”

MERCHAN: “Your client’s track record speaks for itself. I can’t take your word for it.”

Judge Merchan: Your application to modify the gag order is DENIED.

On to Issue 3: The Defense's renewed motion for a mistrial.

BLANCHE: the idea that the completely made-up encounter with President trump “may have been nonconsensual?”

BLANCHE: Before the testimony started we objected again and the Court indicated it would allow testimony about it, but said we don’t need to know the details of the intercourse, and Hoffinger said that’s correct.

BLANCHE: We don't need to know the details of what the suite looked like and this is extremely prejudicial testimony, this is not a case about sex. whether or not it happened has nothing to do with this case

BLANCHE: “This wasn’t a witness that was out of control.” she was answering the prosecution’s questions

MERCHAN: there was an objection and it was sustained. After many of these anecdotes, there were objections that were sustained
BLANCHE: But jury still heard the answers, that’s why this is so prejudicial

Steinglass responds: In the Defense Opening Statement: the defense invited the testimony they are now trying to exclude: They claimed in their opening that her story was false but are now trying to exclude the details that corroborate that the story is true.

STEINGLASS: The prosecution went out of their way to avoid certain details even though they were highly corroborative.

STEINGLASS: The People are happy to file something under seal “About some of the very salacious details that were intentionally omitted because we did not have the desire to embarrass the defendant”

STEINGLASS: “The defense has not alleged anything remotely approaching grounds for a mistrial, and their motion should be denied.”

MERCHAN: “Following your motion for a mistrial on Tuesday, I went back to chambers, I pulled out my decisions on both motions for limine, the omnibus decision, and the transcript from Tuesday.”

MERCHAN: I went back to make sure that there were guidelines and no inconsistencies and after having done so, I came away satisfied, let me back up – ….

Going back to opening statements, Mr. Blanche in your opening statement, you denied there was ever a sexual encounter between your defendant and Stormy Daniels.

“Your denial puts the jury in a position of having to choose who they believe: Donald Trump, who denies that there was an encounter, or Stormy Daniels, who claims that there was.”

The more specificity Daniels provides the better than can weigh her credibility.


MERCHAN: “There were many times, not once or twice, but many times that Ms. Necheles could have objected, but didn’t.”

MERCHAN: "Trailer park." I felt that was not necessary but there was no objection but i had it struck from the record , and virtually every one of Necheles objections was sustained

MERCHAN: "I disagree that there has been a change in Daniels' story."

MERCHAN: You didn’t attack that there was a falsification of business records, you didn't attack any other lines of defense.


MERCHAN: You said my client never had a sexual encounter: that pits your client against Ms. Daniels. So the prosecution can rehabilitate her credibility.

MERCHAN: “YOUR MOTION FOR A MISTRIAL IS DENIED. I’LL SEE YOU TOMORROW AT 9:30”
“Do not grow old, no matter how long you live. Never cease to stand like curious children before the Great Mystery into which we were born.” Albert Einstein
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Re: Stormy Weather TFG on Criminal Trial in NYC

#149

Post by ti-amie »

From someone who doesn't work for MSNBC. I have to find his profile on Xitter. That they are his reposts is made clear.

Laffy
@GottaLaff@mastodon.social
73/ McB:

Conroy up now: It seems the other side lives in almost an alternate reality.

Conroy wants to look back at why the order was an issue in the first place, and says that it has been somewhat successful thus far.

This is where facts are brought out, and if someone wants to respond to something someone 👉🏼said in this room, it should happen in this room, not out there, Conroy says.

74/ McB:

We have been told repeatedly by witnesses—even in the courtroom, even on the stand—about their fear, Conroy says. Even with a witness today, there was something with her home address on it, and you could see the fear in her eyes.

He does it selfishly with no concern about the safety of the people he's attacking, and unfortunately we have seen the results, Conroy says.

75/ McB:

Conroy brings up the NYPD's explosion in threat cases about the number of threats against the members of the DA's office and their families. I had a conversation with a
👉🏼custodial witness last night concerned about their safety, Conroy says.👈🏼
Modifying this gag order now in the middle of trial would signal to future witnesses that they could be at risk as well, says Conroy.

76/ McB:

He cites a DC circuit case about "hostile messages" that have an effect of "deterring, chilling, or altering the involvement" of witnesses.

77 McB:

The gag order is not just designed to protect the witness until they walkoff the stand, or to protect the proceedings part of the way, Conroy says.
Modifying the gag order now is for Trump to attack Daniels—that's what he wants to do,👉🏼let's not pretend he wants to engage in high-minded discourse, 👈🏼Conroy says.

78/ McB:

Blanche is back now, and he says everything we just heard in different in kind from what they're requesting.

In this case, a narrowly tailored gag order, the court should be constantly making sure its terms remain in effect, Blanche says.

79/ McB:

A completely different set of events, Merchan repeats, What exactly are you referring to?

For example, transcript pg 2610, Blanche cites, "at first I was just startled, jump-scare...room spin in slow motion...felt the blood leave my hands and my feet."

What she had previously said, Blanche says, hinting that he's now getting to the mistrial motion, was "ugh, here we go, we started kissing, I hope he doesn't try to pay me."

👉🏼Merchan: Help me understand how it's different.
Blanche: One is about consent, and one is not.

81/ McB:

Merchan wants to take the issues one-by-one so we stay on the gag order

👉🏼It's interesting what Mr Conroy said, bc I wrote the same thing from the book down, Merchan says. My concern is protecting the integrity of these proceedings as a whole

Other witnesses, incl but not only Michael Cohen, will see your client doing whatever he intends to do, Merchan says. 👉🏼I can't take your word for it that this is going to be low key, this is going to be a response, bc that's not the track record

82/ McB:

These were very real, very threatening attacks on witnesses, so 👉🏼I can't take your word for it, Merchan says, while saying he is still concerned by some witnesses using the gag order as a sword, not a shield.

(...)

Application to modify gag order is DENIED.

83/ McB:

Merchan will now hear motion for a mistrial.

Blanche starts by saying he will put something together over the weekend explaining why this trial cannot go forward in light of Daniels' testimony.

Blanche cites Merchan's finding that Daniels' testimony not only completes the narrative of events, but is also probative of the defendant's intent, but says he alerted the court and the government of Daniels' contradicting previous claims.

84/ McB:

Blanche says this new story is about how "this completely made up encounter with President Trump may have been nonconsensual," which they learned from the documentary, at which point they previously objected. Prosecution and court promised not to get into the details, then did.

85/ McB:

Questions about whether the encounter brought up Daniels' difficult childhood, Daniels spanking Trump, it almost defies belief that we're here about a records case and the government is asking questions about an incident that happened in 2006, that we don't even believe happened

87/ McB:

Blanche continues, This is extremely prejudicial testimony. This is not a case about sex. This is not about whether that encounter took place or didn't take place. Whether it happened or not has nothing to do with the charges in this case.

88/ Bower:

Blanche mentions, for example, the prosecution asking about Daniels supposedly spanking Trump with a magazine. And he says they elicited too much detail about the hotel suite -- what the inside of the bathroom in Trump's suite looked like, for example.

And the story Daniels told on the stand is not the story that Rodriguez, Howard, and Cohen were told back when the NDA was formed. So it's not relevant, Blanche insists.

89/ McB:

Blanche reads more of Daniels' testimony, calling it "extremely prejudicial" again, and testimony that has nothing to do with the motive of entering the NDA.

Klasfeld:

Blanche recites the passage of the transcript where Daniels quoted Trump trying to talk her into sex by telling her "f you ever want to get out of that trailer park."

90/ Klasfeld:

Blanche, with some indignation: "You have jurors who are now hearing about an imbalance of power between a man and a woman."

He says that isn't relevant to the case.

91/ Bower adds a little more:

She talked about power imbalance, Blanche says, but none of that goes to motive or intent because that's not what she was saying at the time of the NDA.

92/ McB:

We didn't know these q's were coming, Blanche cont's. We had a sense from documentary that she was changing her story, & we alerted the court, but we were hearing this for 1st time.

He's repeating himself, but Merchan lets him continue.

"There was an objection, and it was sustained," Merchan cuts in. "In fact after many of these anecdotes, there was an objection and it was sustained."

But it was still said, Blanche pleads, that's why this testimony is so dangerous, so prejudicial.

93/ McB:

"It was so prejudicial—it was a dog whistle for rape," Blanche says. [Me: Rape. Gee. Ya think?]

Let's hear from the people, Merchan says.

👉🏼"Ok so that was a lot, and most of it, just flat out untrue," Steinglass says.

94/ McB:

The claim of ambush is just nonsense, says Steinglass. The claim of changing the story is also extraordinarily untrue. As any witness telling a story, there are details in one form and not in another form. And anyway, the defense has had access to all of this.

95/ McB:

Moving on to the mistrial motion, Steinglass says, it has always been their contention that the details of the two-hour convo that Daniels and Trump had in the hotel suite corroborate her account that a) the fact that the sex happens (which increases motivation to silence her)...

96/ McB:

These are the details that make her account more credible, and the defense has gone to great length to discredit her, Steinglass says with some force, some oomph in his voice.

97/ McB:

They're trying to have their cake and eat it too. They're trying to discredit Daniels that her story is false, then preclude the prosecution from eliciting the details that would corroborate her story, Steinglass says.

98/ Press:

Prosecutor: The claim of ambush is nonsense. OK there were details omitted from InTouch, but in Anderson Cooper. This is not a change of story. Ms. Necheles' thorough but misleading cross tested it. That the sex happened increases the motivation to silence her

99/ McB:

Necheles was cherry-picking the details she thought were inconsistent and omitting the details that were consistent, Steinglass says. The overarching point here is the details are the tools the jury needs to assess her credibility.

100/ McB:

👉🏼Those messy details were Trump's motive to silence this woman in 2016, less than a month before the election👈🏼, says Steinglass. The fact that the testimony is prejudicial and messy, according to Blanche, that's exactly why Trump tried to prevent the American ppl from hearing it.

There were lots of details about a lot of things, but not about the actual encounter. By Steinglass counts, there were only 8 questions about it.

101/ McB:

There are other details I don't want to put on the record, but I'm happy to put in a sealed record the very salacious details we omitted out of a desire not to embarrass the defendant, Steinglass says.

102/ Klasfeld:

Steinglass defends eliciting testimony about the spank.

If prosecutors didn't do that, the defense would have invoked it to undermine her testimony that she was surprised when the encounter turned sexual.

Steinglass turns to the detail about the condom:

That relates to Daniels' earlier testimony about strict safety measures in the pornographic film industry, another corroborating detail, he says.

Steinglass, emphatically and loudly:

"Those messy details: That is MOTIVE."

103/ Klasfeld:

Steinglass says he's happy to make a sealed record of more salacious details that are "highly corroborate," yet not put into the record, so as to "avoid embarrassing the defendant."

104/ Press:

Prosecutor: We went out of our way to avoid some of the salacious details, to not embarrass the defendant with the details of the sexual act. At one point she was asked did you feel anything difference. She was going to say, I felt the skin of a 60 year old man

Prosecutor: We could put in an exparte submission of more embarrassing details we omitted, to not embarrass the defendant. Ms McDouglas was on our witness list but we never said we intended to call her


(Rehash of info already provided by Phang and Klasfeld re lack of objections by defense)


111/ McB:

On the blacking out comment, for some reason, I don't know why, you went into it ad nauseam on cross-examination, Merchan says, drilling it into the jury's ears over and over.

Bower:

What's more, the witness immediately said that there was no coercive force and that she didn't feel threatened. And Necheles elicited that same testimony over and over again on cross, he observes.


(The condom, the Ailes documentary info already posted above)

114/ Klasfeld:

"Your motion for a mistrial is denied," Justice Merchan announces.
“Do not grow old, no matter how long you live. Never cease to stand like curious children before the Great Mystery into which we were born.” Albert Einstein
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Re: Stormy Weather TFG on Criminal Trial in NYC

#150

Post by ti-amie »

The testimony by Ms Westerhout was very interesting.

Laffy
@GottaLaff@mastodon.social
34/ McB:

Westerhout says she sat in the "outer Oval Office," and points out on the floor plan where her desk was—it's just about as close as you could get to the Oval Office w/o being in Oval Office.

Also in the outer Oval: Hope Hicks, John McEntee, and Keith Schiller.

Dan Scavino was "one of the president's very trusted advisors," he did a lot of Trump's communications and to "get tweets out," says Westerhout.

35/ McB:

Q: As Trump's special assistant and executive assistant, was the president your only focus?
A: I tried to have it be my only focus. (she laughs nervously)
Q: Did you have job training or orientation?
A: Not formally, no, she says she observed Hicks, Scavino, and others to learn

36/ McB:

We progress in time through Westerhout's CV: eventually she became director of oval office operations, and her desk changed with her title.

Q: Did you develop an understnading of Trump's work habits and preferences?
A: I hope so
Q: His relationships and contacts?
A: Yes

37/ McB:

His social media presence? The way he interacted with his family? Yes and yes.

Back to his work habits. Westerhout says he preferred speaking with people in person, or on the phone. He took "a lot" of phone calls in the day, starting as early as 6am and late into the night.

38/ McB:

There's a "rather complicated process," to call the president, says Westerhout.

One way is to call Westerhout's desk, and she would patch them through.

But John Smith on the street calling 1-800-WHITEHOUSE wouldn't just be patched right through.

McB:

Q: Did Mr Trump use a computer?
A: Not to my knowledge.
Q: Did Mr Trump have an email account?
A: Not to my knowledge.

She says Trump liked hard-copy documents, and liked to read, in fact his job in 2017 required quite a lot of it.

Westerhout says Trump wanted to keep the Resolute Desk "pristine," and only for meetings, so he would do a lot of his reading and other work in the "dining room," just off the Oval Office.

40/ McB:

Was he organized?

To my understanding, the president knew where things were, 👉🏼but he had a lot of papers he would take with him.

👉🏼Did he have attention to detail? Yes.

Signing practices? By hand—he liked to use Sharpies or a Pentel felt tip pen, says Westerhout.


41/
Bower:

Trump used soc media, mainly Twitter, in 2017. He posted tweets himself using that handle.

Did anyone else have access to that account? Scavino. But other than that, Westerhout doesn't have knowledge of anyone else having access.

McB:

With the exception of the nervous laugh earlier, Westerhout is composed, clear, answering graciously and thoroughly, but never with excess detail.

42/ Okay, be back soon.

43/
Catching up, via Phang:

MANGOLD: Signature practices, did he use an automated signature or sign by himself? WESTERHOUT: he signed by himself
MANGOLD: particular type of pen? WESTERHOUT: sharpies or pentel felt tip
MANGOLD: Did he typically read things before signing them? WESTERHOUT: “Um, y-yes”

44/ Phang:

MANGOLD: Did mr. trump use social media while he was in the white house?
WESTERHOUT: He did yes. Primarily Twitter, now called X
MANGOLD: Did mr. trump post tweets himself using that twitter handle? WESTERHOUT: He did yes.
MANGOLD: Did he post things himself? WESTERHOUT: Yes

45/ Phang:

MANGOLD: Did anyone else have access to ealdonaldtrump in 2017? WESTERHOUT: My understanding is that Dan Scavino had access. MANGOLD: Did you ever see Mr. Scavino post a tweet without mr. trump’s approval? WESTERHOUT: I didn’t see the president or dan post every single tweet.

46/ Phang:

WESTERHOUT: If Dan [Scavino] wasn't available or around, the president would call me in and dictate a tweet to me, and then I would go back to my computer and type it up and print it out, and give it back to him so he could go over it.
“[Trump] liked to use exclamation points”
MANGOLD: Did he have particular preferences to his posts? WESTERHOUT: Certain words he liked to capitalize including "Country", he liked to use dots for a comma


47/ Phang:

Q: How frequently were you in touch with Trump Org A: Rhona and I spoke at least weekly sometimes daily at beginning of 2017. But that drifted off as I got into role. I was an intermediary when Trump had questions for Trump Org employees and vice versa. Rhona and i coordinated on his travel schedule, golf schedule, personal mail, the first family’s schedule, his calendar, his contacts.

48/ Phang:

Westerhout confirms Trump's contacts list, including Allen Weisselberg, David Pecker, and Michael Cohen, and...Jeanine Pirro.👈🏼

Westerhout testifies about a 2/5/17 email to Michael Cohen confirming a meeting between Cohen and Trump and asking for the kind of details necessary for admitting a guest to the White House. Westerhout does not specifically recall seeing Cohen when he came, but she agrees the meeting happened.

49/ Phang:

PEOPLE’S EXHIBIT 319 TEXT MESSAGE BETWEEN HOPE HICKS AND WESTERHOUT WESTERHOUT TEXT TO HICKS: “Hey the president wants to know if you called David pecker again?”

50/ Phang:

MANGOLD: What is your understanding of how Mr. trump’s personal expenses were handled in 2017? WESTERHOUT: it is my understanding they were handled by checks that were sent from the trump organization to Keith Schiller, and then sent to me for the president to sign.

51/ Phang:

MANGOLD: what did you do when you recived the checks? WESTERHOUT: The checks came in a fed ex envelope, so i opened the envelope and inside is a manilla folder with a stack of checks, and i brought the folder in for him to sign.
MANGOLD: Anything other than checks? WESTERHOUT: I didn’t really dig around in the folder, but there were invoices attached to the check sometimes

52/ Phang:

MANGOLD: Did you ever see trump sign check WESTERHOUT: Yes sometimes
MANGOLD: Did mr. Trump sign checks by hand? WESTERHOUT: Yes
MANGOLD: What happened after mr. trump signed the checks WESTERHOUT: He would give it back to me and i would put it in a prelabeled return envelope and send it back to trump org.

👉🏼Westerhout talks about how Trump would approve things as minor as a golf membership while he was in the Oval Office.

53/ Phang:

MANGOLD: trump’s reaction to stormy daniels story? WESTERHOUT: “I remember he was very upset by it.”
MANGOLD: Do you recall if mr. trump spoke to michael cohen around the time the story came out WESTERHOUT: I believe they spoke around that time yes
MANGOLD: Did you interact with mrs trump WESTERHOUT: I did, yes. WESTERHOUT: “He was my boss but she was definitely the one in charge”

54/ A LOT more detail from McB:

How would you describe Trump and Melania's relationship?

It was one of mutual respect, he cared about her opinion, 👉🏼and there was no one else who could put him in his place. 👉🏼He was my boss, but she was in charge. Their relationship was really special, they laughed a lot.

55/ Sorry, now catching up to McB. A lot.

Q: Did Trump's relationship with Melania change when the Stormy Daniels story came out?

A: Not to my knowledge, no.

Westerhout begins to break down and cry as she recounts the circumstances of her departure from the White House.

She learned a lot from her "indiscretions," she says.

56/ McB:

She had said some things she wasn't supposed to during what she believed to be an off-the-record dinner with a reporter, she says.

She wipes her tears. She seems genuinely regretful about the whole episode.

She wrote a book about it, she says, her voice shakey and faultering, and we see the cover now displayed:
Off the Record: My Dream Job at the White House, How I Lost It, and What I Learned

57/ McB:

She thought it was important to share with the American people that the man that I got to know. I don't think he was treated fairly, and I wanted to tell that story she says, through more tears.

Since publication, Westerhout says she spoke to Trump at a fundraiser in Orange County, but says that she did not discuss this case.

No further questions from Mangold.

58/ McB:

Before she walks up to the lectern, Necheles asks whether Westerhout would like a break.

No, Merchan says, but we're going to stop at 4 o'clock.

Q: You were very young, and you made a mistake?
A: Yes.
Q: You thought he was great to work for, and a great president?
A: Yes, she says, more tears.

59/ McB:

Back to the 2016 nomination, the transition, and the Access Hollywood tape.
Q: You testifed that it rattled the RNC leadership, and there were a couple days of consternation, but that happened all the time?
A: Yes.
Q: When Trump was running, there was always some event when—Necheles claps her hands and wipes them clean—there was total consternation.

She is familiar, friendly with Westerhout. Much friendlier than she was with Daniels, (of course).

60/ McB:

Necheles reminds Westerhout of Trump's apology for "locker talk," and that he said he would see everyone at debates and Westerhout laughs, as if she remembers it fondly.👈🏼

The Access Hollywood tape "blew over in a couple days," and after that Trump won the election right?
A: Yes.

61/ McB:

The clock is ticking, we have 9 minutes left according to Merchan, and Merchan is always on time, if not early.

Necheles talks fast, getting more questions in. It was a busy time? Yes. You were called "the greeter girl," correct? Yes. Wasn't it a little belittling? Yeah.

I tried not to let it get to me, but people said I was unqualified, Westerhout says about the "greeter girl" nickname.

62/ McB:

Trump was also transitioning his companies into a trust, Necheles asks, but Westerhout says, not to her knowledge. She wasn't involved in the business side.

Westerhout says Trump only had two and a half months to transition from running the Trump Organization to becoming president. Necheles keeps portraying it as a hectic, busy time, with lots of distractions.

63/ McB:

🤦🏻‍♀️It was amazing working with Trump, she says, smiling. I think—I—I hadn't spent any time with him, I don't know if anyone should feel like they deserve they should be in the West Wing, but Trump always made me feel like I belonged, especially in a place with a lot of older men.🤢

64/ McB:

We now get a portrait of Trump, the family man.

He had a close relationship with his children, and a lovely relationship with his wife? Yes, definitely, Westerhout says.

Westerhout paints a touching scene: Trump would be on the phone w/ his wife, & would tell her to come to the window in the residence, where she could look across and see Trump in the Oval Office. He would also call his wife to tell her he's boarding AF1, though he didn't have to

65/ Just... wow.

McB:

Right on schedule, Merchan stops it there.

We end with an image of Trump the family man from Westerhout's testimony, which couldn't be further from this morning's depiction of Trump the philanderer and bully of Daniels' testimony.

66/ Bower:

The jurors are done, but the parties are not.

Merchan says we'll take a 10 minute break. When we return, I assume Blanche will raise the issues he alluded to at lunch regarding (1) Renewed mistrial motion, (2) blocking McDougal's testimony, and (3) a gag order matter.
“Do not grow old, no matter how long you live. Never cease to stand like curious children before the Great Mystery into which we were born.” Albert Einstein
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