Adam Klasfeld
@KlasfeldReports
·
3h
Merchan thanks jurors for their flexibility.
Steinglass: "Thanks for sticking with me."
He starts to begin a sentence with, "Yesterday," before correcting himself.
"It feels like 'yesterday,'" he quips.
Steinglass launches into a timeline, starting with the August 2015 Trump Tower meeting.
He recalls testimony that Trump deemed the Enquirer's Ben Carson hits "Pulitzer-worthy." (They were largely rewrites of Guardian coverage, testimony showed.)
Steinglass:
"Michael Cohen is not some rogue actor here; he's acting at the direction of the defendant."
Pecker's testimony shows that, he says.
Steinglass on the Cohen-Trump tape:
"The defense just can't get away from this, no matter how hard they try. This is proof, outside of Cohen," of Trump's involvement in the payoffs.
Steinglass on the timeline's placing together of important dates with texts, calls, and emails from participants:
"Is this timing all a coincidence, every one of these things?"
Steinglass on Cohen-Trump calls on the morning of Oct. 26, 2016:
"Just stop for a minute to think about the timing of these phone calls: Unlike the call on [Oct. 24th], this was the final go-ahead."
The Oct. 24 call was the one defense focused on during Cohen's cross.
Steinglass turns to Hicks' testimony about not believing Cohen made the payoff out of the goodness of his heart.
That would be out of character for Cohen, Hicks said.
Another instance of prosecution turning a Cohen character flaw into corroboration.
Steinglass agrees with Hicks that Cohen would have wanted to take credit.
"If he did something about Mr. Trump, he wanted Mr. Trump to know: immediately!"
On Jan. 6, 2017, Trump met with Pecker at Trump Tower, and Trump thanked him about Sajudin and McDougal's stories, according to Pecker's testimony.
Steinglass turns to Pecker's White House "thank you" dinner.
On Feb. 8, 2017, Cohen met with Trump in the White House, as recounted in a photograph, emails, and a Westerhout calendar entry.
Steinglass says it shows Trump "caused" the false entries.
"Busy or not, Mr. Trump was not paying these prices for basically no work."
The prosecution's chart describes Trump's "reimbursement" tweet as a "Confession."
The defense still denies Cohen's payments were reimbursements.
Steinglass:
"Cohen's a self-promoter," and self-promoters want credit.
Another example of prosecutors marshaling the very character flaw Trump's attorneys attack Cohen with as the corroboration to their DA's case.
Steinglass on the concept of reasonable doubt:
"You don't need to prove guilt to a mathematical certainty."
But the prosecution proved its case beyond "all reasonable doubt," he says.
Steinglass reviews the concept of accessory liability that jurors were questioned about during voir dire.
As Steinglass wades into the law, the defense objects. Sustained.
"I'll instruct them on the law," Merchan says.
Steinglass turns to intent — an important part of the defense summation. Objection. Sustained.
"I'll explain the law, Mr. Steinglass."
Steinglass: "May we approach."
The judge denies a sidebar.
Steinglass: On the conspiracy to violate election law, we're basically beating a dead horse here.
The stenographer misses the remark.
"Beating a dead horse here," Steinglass repeats, as he and the court laugh a bit at the cosmic joke.
"Quiet down," a court officer tells the gallery.
Steinglass:
Don't fall for the defense argument that AMI wasn't a FECA [federal election law] violation because of a press exemption.
This was outside the exception, "even for tabloid journalism."
"Pecker put the campaign first," he says.
Adam Klasfeld
@KlasfeldReports
·
3h
This summation may be stretching on quite long—but the jury appears engaged and many maintain eye contact with Steinglass even now.
Steinglass on the tax fraud theory of the case:
The law is violated even if it doesn't result in the underpayment of taxes.
Steinglass:
"Everything that Trump and in his cohorts did in this case were cloaked in lies."
The prosecutor reviews the various subterfuges, including pseudonyms, shell companies, and HELOCs.
"The name of the game was concealment."
Steinglass thanks jurors for their attention, and uncommon for him, always showing up on time.
"I apologize for trading brevity for thoroughness, but we only get one shot at this."
Steinglass: "In this case, the evidence is literally overwhelming."
He adds of Trump: "Now, he's had that trial. He's gotten his day in court."
Steinglass:
"Donald Trump can't shoot someone on Fifth Ave. in broad daylight and get away with it."
Objection. Sustained.
Steinglass:
"Very soon it will be time to deliberate." [...]
"In the interest of justice, and in the name of the People of the State of New York, I ask you to find the defendant guilty."
Prosecution summations end.
Justice Merchan: It's been a long day. It's pretty late so tomorrow we'll start at 10 a.m.
The judge delivers his usual instructions to the jury.
The judge announces no one will be allowed in or out of the courtroom after he instructs the jury.
(Reporters prep piles of PB&J sandwiches by the meter.)
Translation
