Adam Klasfeld
@KlasfeldReports
·
10h
Todd Blanche takes the podium for defense summations, pausing a bit to start the defense slideshow:
"Good morning, ladies and gentlemen. I hope that everybody had a nice long weekend."
He thanks jurors for their service. "We see you paying close attention to the evidence."
Blanche:
"When I stood here 5 weeks ago on April 22, I said something to you that I'm going to repeat to you right now [...] it's that President Trump is innocent."
"The District Attorney has not met its burden of proof, period."
Blanche:
"You should want and expect more than the testimony of Michael Cohen."
Blanche:
"You should demand more than the testimony of Keith Davidson, an attorney who was really just trying to extort money from President Trump during the lead-up of the 2016 election."
Blanche:
"This case is about documents. It's a paper case."
It's not about an alleged encounter with Stormy Daniels, which Trump has "unequivocally and repeatedly denied."
Blanche says the case is about the records:
"Were those bookings done with an intent to defraud? That's why you're here."
"The bookings were accurate and there was absolutely not an intent to defraud."
Blanche:
"You cannot convict President Trump of any crime beyond a reasonable doubt based on the word of Michael Cohen."
There were "key conversations" between Cohen and Keith Schiller and Allen Weisselberg, who weren't called.
Blanche on Cohen:
"He told you a number of things on that witness stand that were lies, pure and simple."
Blanche notes that jurors must find, among other things, that the 34 documents were false entries and there was no intent to defraud.
"The records were not false, and there was no intent to defraud," he says.
He displays a graphic of the invoices, vouchers and checks on the monitors. The jurors look at the graphic and then at Blanche.
On the graphic, Blanche notes that Cohen generated the invoices and the Trump Organization generated the other categories of records at issue.
Blanche anticipates the prosecution's argument that it was the "general practice" of the Trump Organization's Deb Tarasoff to staple the invoices to the checks.
But general practice isn't proof beyond a reasonable doubt, Blanche says.
Blanche argues that it's not false that the checks to Michael Cohen were "for services rendered" — because Cohen was Trump's personal attorney and provided legal services to him.
On May 22, 2017, Cohen sent Weisselberg an invoice that ended with a note for him to "please call me to discuss the last open foundation matter."
That shows Cohen did legal work for Trump, Blanche argues.
Blanche says Cohen "lied to you," referring to the jury, by characterizing his legal work for Trump as "minimal."
"He - lied - to - you," Blanche emphasizes, with brief pauses and enunciation a second time.
Blanche:
Cohen "rolled right into Sean Hannity" and spoke to every person he could to boast about his position, which was on his email signature line.
"This was not a secret. Michael Cohen was President Trump's personal attorney, period."
Blanche:
"A lie is a lie, and this is a significant lie."
Blanche:
"As you know, the fact that there was a verbal retainer agreement between Mr. Cohen and President Trump was consistent" with the practice with Keith Davidson.
He shows Davidson's testimony on the matter.
Two prosecution objections overruled during this passage.
Blanche asks jurors which version of Cohen's story makes sense:
That Cohen and Trump verbally agreed on a $35,000 / month retainer, or that Cohen worked for free, while being paid back nearly "triple" for expenses.
Blanche:
"There's a reason why, in life, the simplest answer is usually the right one.
Blanche:
"There is no evidence" that Trump knew anything about the voucher system.
Blanche:
If prosecutors show passages from Trump's decades-old, partially ghostwritten books — in order to show Trump knew about this system — that's a "red flag" and a "problem in the proof"
Blanche shows jurors an email of Trump Org payroll employee Deb Tarasoff following Jeff McConney's instructions on the vouchers, not Trump's.
Blanche says that the vouchers were properly marked as legal expenses, but prosecutors have "criminalized that."
"That's absurd. It's not a crime."
The lawyer notes that "legal expenses" was a field from a "drop-down menu."
Many of the jurors inspect the exhibits that are part of the defense slideshow that flash on their screens during this presentation.
Blanche shows an email from Weisselberg to McConney on Feb. 24, 2017:
"Ok to pay as per agreement with Don and Eric," referring to Trump's kids.
If there were a cover-up, Blanche says, "This email does not exist."
Blanche:
"Why do Don and Eric have to approve anything?"
He raises more missing witness arguments, pointing out that prosecutors did not call Don and Eric.
"Is there some allegation that they're a part of this scheme, a part of this conspiracy?"
Adam Klasfeld
@KlasfeldReports
·
10h
Analysis:
The defense was expected to lean on missing witness arguments during summations, primarily pointing out that the now-incarcerated Allen Weisselberg wasn't called.
But Blanche's missing witness list is far broader: Weisselberg, Schiller, Howard, Don and Eric so far.
Blanche notes that prosecutors have the burden of proof.
Blanche on the notion that Trump had full knowledge and intent to defraud because he saw the allegedly falsified documents:
"That is a stretch, and that is reasonable doubt, ladies and gentlemen."
Blanche reiterates defense that Trump was too busy to act with knowledge and intent:
"He was very busy. He was frequently multitasking [...] He was president of the United States."
Blanche:
"Now, we are going to talk for a few minutes now on Michael Cohen." [...]
"Even without Mr. Cohen, the government can't get by the fact that the invoices weren't generated by anyone at the Trump Organization; they were generated by Michael Cohen."
Blanche:
"All of that ends the case: Not guilty, but there is a lot more. What the People have done. What the government did for the last five weeks, at the end of the day, is ask you to believe the man who testified [a short time ago]: Michael Cohen."
Blanche on Cohen's testimony that he didn't get a salary as Trump's personal attorney after being incensed by his slashed bonus the prior year:
"Do you think that Mr. Cohen thought, 'I want to work for free'? Is that the man who testified?"
Blanche shows jurors a slide stating the defense's view: "Case Turns on Cohen," set against a passage of his testimony about his conversation with Weisselberg about he system of reimbursements.
Blanche mocks Cohen's testimony that his expenses were grossed up for taxes, by supposing his client saying of them: "Not only am I going to pay it. Let's double it."
"That is absurd!" Blanche exclaims, noting all the testimony about his client watching all expenses.
Blanche calls it a "lie" that Cohen's expenses were grossed up.
Blanche cuts to Cohen's testimony when asked about the grossing up system:
"I didn't know. And to be honest, I didn't really even think about it."
Cohen said he just wanted to get paid back.