·
OK – now #TrumpTrial resumes with Michael Cohen’s private banker Farro still on the stand. One contempt motion argued, another pending. Inner City Press put out book on 4 days of National Enquirer’s Pecker https://amazon.com/Trump-Trial-National-Enquirer-Testifies/dp/B0D2NM4RZ3 and will live tweet, thread below
·
[Trump has arrived, blue suit, red tie. Pool photos taken. Then Trump leans right and whispers in Todd Blanche’s ear]
All rise!
Justice Merchan: Mr. Blanche, which days had you requested for the high school graduation?
Blanche: May 17 & June 3
·
Justice Merchan: We finished jury selection quickly, so I think Mr. Trump can attend the graduation on May 17. June 3, not if the jury is deliberating… I will now rule on contempt. On the ten incidents, the people have met their burden on all but incident 1
·
Justice Merchan: Mr. Trump is fined $1000 for each: 2-3, and 4-10. Please bring in the witness, then the jury.
[Jury enters]
·
[Note: the written order, screenshot below, says that the nine posts at issue are to be taken down by 2:15 pm today
·
Justice Merchan [to Farro] Welcome. People?
Prosecutor: Let’s focus on this First Republic document. What is it?
Farro: It’s a signature card for Essential Consultants LLC.
Prosecutor: Who are the signers?
Farro: Only Michael Cohen.
·
Prosecutor: What are these documents?
Farro: Tax ID number provided by the IRS.
Prosecutor: Where was the LLC formed?
Farro: Delaware. Most LLCs I deal with are formed there.
Prosecutor: And this EIN, what is it?
Farro: Like a Social Security number for a business
·
Prosecutor: Why did it take hours to open the account?
Farro: Michael Cohen is not our only customer. There are other things that take precedence.
Prosecutor: Did Mr. Cohen said it would be used to make a contribution on behalf of a political candidate?
Farro: No
·
Prosecutor: Did any of the opening paperwork indicate the account would be used to pay an adult film star?
Farro: No. That is an industry we do not work with.
Prosecutor: What’s this?
Farro: Transfer from home equity line of credit to Essential Consultants LLC
·
Prosecutor: And on this document, who is Laura Cohen?
Farro: Michael Cohen’s spouse.
Prosecutor: How many people had to approve this?
Farro: Two.
Prosecutor: What’s this?
Farro: A wire authorization form, from Essential Consultants
·
Prosecutor: What is the listed purpose?
Farro: Retainer. That’s what Michael Cohen told us.
Prosecutor: What’s this?
Farro: An outgoing wire transfer form, an internal document.
Prosecutor: People’s 378, what is it?
Farro: Email to Michael Cohen that wire’s on way
·
Prosecutor: Who was it wired to?
Farro: Keith Davidson and Associates.
Prosecutor: Did any of this say it was on behalf of a political candidate?
Farro: No.
Prosecutor: No further questions.
Justice Merchan: Any cross?
Trump’s lawyer Blanche: Good morning
·
Trump’s lawyer Blanche: Before today, you met with the People?
Farro: Please explain what the People means.
Blanche: The prosecutors. Did you meet them last year?
Farro: Yes. Once. And twice this year.
Blanche: Did you meet other law enforcement?
Farro: Yes, in DC
·
Trump’s lawyer Blanche: When did you do to DC?
Farro: In 2018.
Blanche: Who’s paying for your lawyer today?
Farro: Flagstar, my employer.
Blanche: Not Chase?
Farro: No, Flagstar.
Blanche: You opened Michael Cohen’s account?
Farro: I don’t do the paperwork
·
Trump’s lawyer Blanche: You said Mr. Cohen was difficult?
Farro: Yes… His desire that everything be done quickly. I try to rationalize with clients that things may not be so urgent.
Blanche: As of March 23, 2023, was Cohen still your client?
Farro: No.
·
Farro: Once this information came out, I was taken away from the relationship [with Michael Cohen]
Trump’s lawyer Blanche: Are you familiar with the term “de-risking”?
Farro: I’m not familiar with that term.
Blanche: If the bank no longer wants a customer…
·
Trump’s lawyer Blanche: You had no reason to think Mr. Cohen was opening up a shell corporation. If he had told you?
Farro: I would not have opened it. Unless it was to own a home or yacht or jet, to keep ownership confidential.
·
Trump’s lawyer Blanche: Do you remember getting an email bounce-back on March 17, 2017 telling you Michel Cohen was now President Trump’s personal lawyer?
Farro: Yes, but that was an errant email.
Blanche: What’s a PEP?
Farro: Politically exposed person
·
Trump’s lawyer Blanche: Are you aware that an official’s lawyer is also considered a PEP?
Farro: I was not aware of that.
Blanche: And if he had been identified as a PEP-
Prosecutor: Objection!
·
Trump’s lawyer Blanche: Let me ask this way – if you have ever had a PEP, what does it entail?
Farro: We monitor them.
Blanche: In September 2017, did Michael Cohen say he needed to speak with you?
Farro: I do not remember.
·
Trump’s lawyer Blanche: You never spoke with Michael Cohen about Donald Trump?
Farro: No.
Blanche: And you never spoke with President Trump?
Farro: No.
Blanche: No further questions.
Justice Merchan: Re-direct?
·
Prosecutor: Why was Michael Cohen cut off?
Farro: Not telling the truth.
Prosecutor: No further questions.
Re-cross
Trump’s lawyer Blanche: Did the shut down mean that appropriate due diligence wasn’t done in the first place?
Farro: Not necessarily.
No further Qs
·
Justice Merchan: Jurors, let’s take our morning recess.
[Jurors leave]
Prosecutor: I’m handing up agreed redactions. The red ones are those still in dispute. In this one, in the midst of the negotiations around Stormy Daniels, Ms. Rodriguez says “shady sh*t”
·
Prosecutor: In this one, it says “Daily Mail is afraid of Trump.” Ms. Rodriguez is not alleged to be a co-conspirator, unlike Dylan Howard, so there are not coming in for the truth of the matter asserted. Of these three, we can live without the first
·
Trump’s lawyer Blanche: These could confuse the jury, “shady sh*t,” even with a limiting instruction. “The Daily Mail is scared of Trump,” that’s hearsay. That’s our very strong belief.
Justice Merchan: I’ll rule after the break. Anything else?
·
Prosecutor II: With today’s finding of contempt, we would intend to cross examine the defendant if he chooses to testify. We are ready for a Sandoval hearing
Trump’s lawyer Blanche: We haven’t even read it yet.
Justice Merchan: Read it, and then respond
·
Prosecutor II: We should be able to elicit evidence about the defendant’s harassment online of Michael Cohen and Stormy Daniels, in light of the opening statements.
Trump’s lawyer Blanche: There should be a proffer. We will cross examine about bias, sure
·
Prosecutor II: It shows consciousness of guilt.
Trump’s lawyer Blanche: President Trump was speaking about Cohen’s plea in SDNY, where President Trump was never charged.
Justice Merchan: Do you need a ruling on that?
Prosecutor II: By Thursday would help us.
·
Justice Merchan: See you in a few minutes.
[For now, the audiobook of Trump Trial: Pecker has a five minute sample : ) https://amazon.com/Trump-Trial-National-Enquirer-Testifies/dp/B0D2NM4RZ3
Thread will continue, below
·
[They’ve back]
Justice Merchan: The defense opened the door, I think they have, but what can be it be used for? You can use it to rebut, for example that they are not making as much money as people think.
Prosecutor: So People’s 171 is in, with redactions.
·
Justice Merchan: A juror wants to know if they can fly on May 24, before Memorial Day. Do the parties agree?
They do.
[Jury enters]
Justice Merchan: We will not be working May 17, nor May 24.
Prosecutor: People call Dr. Robert X. Browning
·
Prosecutor: What is your job?
Browning: I am archivist at C-SPAN.
Prosecutor: Was C-SPAN subpoenaed by DANY?
Browning: Yes. We turned videos over.
Prosecutor: Can you recognize Donald Trump?
Browning: Yes.
Prosecutor: Do you have the NC rally in October 2016?
Yes
·
Prosecutor: We offer into evidence. Let’s play it.
[Trump on screen: It’s a phony deal… I have no idea who these women are… They get some free fame… ]
Prosecutor: Dr. Browning, is that a portion?
Browning: Yes it is.
·
Prosecutor: Next exhibit.
[Trump in front of a Trump Pence sign, “these are all lies” Then, in front of flags, Trump speaks on Michael Cohen.]
Prosecutor: No further questions.
Justice Merchan: Your witness.
Trump’s lawyer Blanche: We have no questions.
·
Prosecutor: The People call Phillip Thompson [Esquire Deposition Solutions, LLC]
Prosecutor: You are a records custodian?
Thompson: Yes. Under subpoena.
Prosecutor: Did you turn over the transcript and video of an Oct 22 deposition in Carroll v. Trump
Yes
·
Prosecutor: It was October 2022 – please play is
[Note: Inner City Press filed in Carroll v. Trump case to get this video released to the public and it was – we put in on YouTube here:
·
Prosecutor: please read the transcript
Thompson: Ms Kaplan: Are you familiar with the Access Hollywood tape. Answer: Yes
Prosecutor: No further questions.
Trump’s lawyer Blanche: We don’t have any questions.
Justice Merchan: You may step down.
·
Prosecutor: The People call Keith Davidson.. How old are you?
Davidson: 53. I graduated from Boston College and Whittier Law School. Davidson and Associates, we do media cases
Prosecutor: Any sexual abuse cases?
Davidson: Yes.
·
Prosecutor: In 2015 to 2017 did you use non-disclosure agreements?
Davidson: Yes.
Prosecutor: Do you know Gina Rodriguez?
Davidson: Yes. She manages reality TV type talent.
Prosecutor: Have you represented Gina Davidson?
A: Gina *Rodriguez*
Prosecutor: Sorry
·
Prosecutor: How about Dylan Howard?
Davidson: A friend. Sometimes we worked together, overlaps about tabloid media.
Prosecutor: Did you negotiate the sale of certain stories to tabloids?
Davidson: Rarely.
·
Prosecutor: Are you familiar with David Pecker?
Davidson: Yes. AMI and the National Enquirer, Dylan Howard’s boss. I’ve only dealt with him about four times in my life
[Trump Trial: Pecker audio / book: https://t.co/5OmnVgKA7C
·
Prosecutor: And Michael Cohen?
Davidson: Yes, about my client Ms. Clifford, also known as Stormy Daniels.
Prosecutor: Do you recognize this thumb drive?
Davidson: Yes. I produced these records pursuant to a subpoena.
·
Prosecutor: Do you know Karen McDougal?
Davidson: Yes. I met her 25 years ago. She was dating a friend of mine. Then I represented her about a personal interaction she had.
Prosecutor: With who(m)?
Davidson: Donald Trump. She brother in law Jake linked us
·
Prosecutor: Look at your retainer. What does this mean?
Davidson: There were exclusive arrangements with media outlets, in exchange for money.
Prosecutor: Did you inform Ms. McDougal that you could negotiate for her?
Davidson: I won’t discuss our communications
·
Prosecutor: Let’s look at your text messages with Dylan Howard. Expand them. What did this mean?
Davidson: That he would get more for this story than anyone. David Pecker published Trump Magazine AMI had implied they had endorsed Mr. Trump’s candidacy
·
Prosecutor: Did you arrange a meeting between Ms. McDougal and Dylan Howard?
Davidson: Yes. Johnny Crawford was also there. He’s a friend of Karen’s, a police officer from Arizona. We discussed the personal interaction of Ms. McDougal with Donald Trump
·
Prosecutor: Since this was in front of others, what did Ms. McDougal say?
Davidson: That she had a romantic affair of several weeks or months with Donald Trump some years ago.
Prosecutor: What was the purpose of meeting?
Davidson: It was sort of a proffer session
·
Davidson: Dylan said he would go back to New York and run it up the flagpole.
Prosecutor: Who?
Davidson: Pecker. But they did not buy it right away. They said Karen McDougal did not have enough documentary evidence
·
Davidson: I said, “Don’t forget Michael Cohen… The girl is being cornered by the estrogen mafia”
Prosecutor: What did you mean?
Davidson: It was a regrettable text I sent. There were several women leaning on Karen to sign the deal with ABC
·
Prosecutor: How did Dylan Howard reply?
Davidson: That they would have an offer for us by Monday. They he said, Get me an offer, all in, perhaps a fitness component. She wanted to rejuvenate her career. She wanted to avoid the scarlet letter, being the other woman
·
Davidson: Then Dylan said, We are going to lay it on thick for her. Karen was teetering between National Enquirer versus ABC. I said, “Throw in an ambassadorship for me. I’m thinking, the Isle of Man.” It was sort of a jest.
Prosecutor: Why was that funny?
·
Davidson: Well, I don’t think that the Isle of Man is even a country. So no ambassador there. It was a reference to Donald Trump, that if this help him and he won, there would be jobs
Prosecutor: What did Dylan Howard write?
Davidson: She’ll get more than from ABC
·
Justice Merchan: Let’s take out lunch break.
[Jurors leave]
Stories coming on http://InnerCityPress.com, https://patreon.com/MatthewRussellLee and https://matthewrussellleeicp.substack.com
Audio/book: https://amazon.com/Trump-Trial-National-Enquirer-Testifies/dp/B0D2NM4RZ3
Thread will continue here
·
[They’ve back]
Justice Merchan: Let’s get the witness, please
[Keith Davidson returns. Jury enters]
Prosecutor: Good afternoon Mr. Howard! Oh, sorry, Davidson. Please look at these texts.
Davidson: Dylan wanted the deal between Karen McDougal and AMI to happen.
·
Davidson: Dylan wrote, “F- it, not my money, I’ll just ask.”
Prosecutor: Is the full F word written out in the text?
Davidson: Yes. Then he wrote, She’s getting pressed by Ronda Schwartz.
Prosecutor: Who’s she?
Davidson: She worked for Brian Ross of ABC
·
Davidson: Then AMI’s general counsel set me a contract that didn’t jibe with what had been negotiated with Dylan. I replied, Need to handle this quickly. The general counsel wanted to call Michael Cohen.
Prosecutor: Did you ask why?
Davidson: I don’t remember
·
Davidson: I had dealt with Michael Cohen in 2011 and had not enjoyed it. So I was trying to avoid it.
Prosecutor: Did Dylan say anything else?
Davidson: F*cking Jesus.
Prosecutor: It’s okay, you’re just quoting. Did you call Cohen?
Davidson: Yes
·
Davidson: After the deal closed with AMI I called Michael Cohen, as a professional courtesy, about a deal involving his client.
Prosecutor: What client?
Davidson: Donald Trump
Prosecutor: Was he a named party?
Davidson: No. But it benefited him. Cohen was pleased
·
Prosecutor: Based on non-privileged communications to which you were privy, what married man benefited form this?
Davidson: Donald Trump.
Prosecutor: How much went to you?
Davidson: 45%
Prosecutor: Did you think AMI would ever publish it?
Davidson: No.
·
Prosecutor: Why?
Davidson: It was said AMI would not want to hurt Karen’s brand. But mostly, there was an affinity between David Pecker and Donald Trump – so, to not hurt Trump
Prosecutor: You mean his campaign?
Davidson: Yes.
·
Prosecutor: Had ABC offered a role on Dancing with the Starts?
Davidson: “Best efforts” were discussed.
Prosecutor: Do you know Stormy Daniels?
Davidson: Yes. She was a client of mine, managed by Gina Rodriguez. I spoke with them in 2011 about TheDirty dot com
·
Prosecutor: What was it about?
Davidson: A blog post that Stormy Daniels and Donald Trump had had an intimate interaction. Gina told me some jerk had called and threatened to sue.
Prosecutor: Who was that jerk?
Davidson: Donald Trump
·
Prosecutor: What was his accusation?
Davidson: I don’t know. He was just screaming and threatening to sue. So I sent a cease and desist letter. It was successful.
Prosecutor: Did there come a time when the interest in Stormy Daniels’ story increased?
A: Yes
·
Davidson: Donald Trump’s notoriety was growing. There was the Access Hollywood tape, the hot mic. It increased interest in Stormy Daniels’ story. I wrote, Trump is f-ed. Dylan replied, Wave the white flag, it’s over people.
Prosecutor: And the next day?
·
Davidson: TheDirty republished the story. Dylan said, it could get worse, if Stormy made comments… The moral of the story was, Gina and Dylan came to terms at $120,000 – But AMI would not go forward.
·
Davidson: Dylan asked Gina to call Cohen, she refused. She asked me call Cohen. I didn’t want to.
Prosecutor: Break that down?
Davidson: Bottom line, no one wanted to talk to Michael Cohen.
·
Davidson: Gina told me, We have this deal, it’s going to be the easiest deal you ever had in your life [laughs apparently ruefully], she said, all you have to do is talk to that as*hole Michael Cohen. $10,000 was tacked on for me
Prosecutor: People’s 63.
·
Davidson: It’s my email to Cohen, and my firm’s wiring instructions.
Prosecutor: Who were the parties?
Davidson: Stormy Daniels versus RCI – an LLC that Michael told me he was going to use to pay for this deal. Resolution Consultants. Peggy Peterson, David Denison
·
Prosecutor: Is David Denison a real person?
Davidson: Yes. He was on my high school hockey team.
Prosecutor: How does he feel about you now?
Davidson: He’s very angry about it
·
Davidson: Only the side letter agreement identified the parties. And only Michael Cohen kept a copy of the side letter agreement.
Prosecutor: Is that rare?
Davidson: Yes.
Prosecutor: Did you get paid by the deadline?
Davidson: No. So I sent this email
·
Davidson: Cohen told me, he couldn’t send because of firewalls. Then that, “My guy is in four to five states today.” It was clear, Cohen didn’t have the authority to spend money. Finally he said, “I’ll just do it myself.”
·
Prosecutor: Did you think the money was from him?
Davidson: Not until funding.
Prosecutor: Who did you think the money was coming from?
Trump’s lawyer: Objection!
Justice Merchan: Overruled.
Davidson: Donald Trump or some corporate connection
·
Davidson: So I wrote to all of them and said, I’m out, go in peace
Prosecutor: How did Stormy Daniels react?
Davidson: I’m not going to answer that based on attorney client privilege.
Prosecutor: OK. Did you get involved again?
Davidson: Yes. But I don’t know how
·
Davidson: I thought Cohen was trying to kick it down the road until after the election.
Justice Merchan: OK, our afternoon break.
[Jurors leave. Note: Bove is to the right of Trump – seems he’ll be doing the cross – WHEN they get to it]
Thread will continue here
·
[They’re back]
Prosecution: Mr. Davidson, have you testified on this in the grand jury?
Trump’s lawyer: Objection!
Justice Merchan: Overruled. Please approach
[whispered sidebar ensues. Trump sits alone at defense table, his head cocked to the right]
·
[They emerge]
Prosecutor: Who did you think was really paying?
Davidson: I find that question confusing.
Prosecutor: When you were dealing with Michael Cohen did you have an understanding about how this deal was doing to be funded?
Davidson: I had an assumption
·
Prosecutor: To what did you attribute the lack of funding at this point?
Davidson: Frugality.
Prosecutor: Whose frugality?
Trump’s lawyer: Objection! May I be heard at the sidebar?
[And again. Susan Necheles, too, at defense table]
·
Prosecutor: People’s 176, these text messages…
Davidson: Dylan wrote, Going to see Pecker in 15, will ask for an update.
Prosecutor: Did you respond?
Davidson: Yes. I said, Waiting for a call any second.
Prosecutor: From who(m)?
Davidson: I don’t remember
·
Prosecutor: In sending to Michael Cohen, what domain did you use?
Davidson: Gmail dot com
Prosecutor: What did you send?
Davidson: Wiring instructions. He told me, We’re sending it. I said, I don’t believe you. That, he sent from trumporg dot org, cc-ing his gmail
·
Davidson: This was 16 days after the agreement. Then this email from First Republic, which he forwarded to me. I meant nothing to me. He had my wiring instructions – but he didn’t send
Prosecutor: Did you speak with him on the phone?
Davidson: He was pants on fire
·
Davidson: Michael Cohen was talking about of both ears.
Justice Merchan: We will break here, until Thursday at 10 am, jurors.
[Jurors leave]
Justice Merchan: I’d like you here at 9:30 on Thursday.
Stories coming: https://matthewrussellleeicp.substack.com
https://t.co/mmos6LonY0
FactReal 
Leave a comment