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OK – now #TrumpTrial opening arguments, covered last week’s jury selection (book here https://amazon.com/dp/B0D2BTC2M1) and will live tweet, thread below
9:31 AM · Apr 22, 2024
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All rise!
Clerk: This is the People of the State of New York against Donald J. Trump.
Justice Merchan: Who long are the openings?
Prosecutor Steinglass: 40 minutes.
Trump’s lawyer Todd Blanche: 25 minutes.
Justice Merchan: Good, because we will break early
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Justice Merchan: Also, Juror 9 has told us they are concerned about media attention. I suggested we speak with them in my chambers, I’m sorry, I mean my robing room. And suggest that not all of you come in.
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[At the defense table, Trump is sitting alone – Blanche, Emile Bove and Susan Necheles have gone into Justice Merchan’s robing room, with prosecutors and Juror 9]
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[They’re back]
Justice Merchan: Juror Nine is going to remain with us… On the Access Hollywood transcript, I have reviewed it and see no reason it should not be admitted into evidence. On the Sandoval hearing, I will read my ruling…
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Justice Merchan: The Court will allow into evidence People by James v Trump, that Defendant inflated the value of his assets, that Defendant was fined for posts about that Court’s law clerk.. As to Carroll v. Trump, the Court will allow in the defamation finding
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Justice Merchan: Also from People by James v. Trump, the Court will allow in that Defendant consented to the dissolution of the Trump Foundation, and why. This is a Sandoval compromise. The Court cautions Defendant this is a shield, not a sword
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Justice Merchan: Let’s bring in the jury.
Jury entering! All rise!
Justice Merchan: Ladies and gentlemen of the jury, I have legal instructions for you first. The law requires the prosecutor to make an opening statement, but not the defendant.
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Justice Merchan: We will mark certain objects as exhibits… The defendant may, but is not required to, present evidence. The Defendant is presumed to be innocent. The People must prove each element of the crime beyond a reasonable doubt
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Justice Merchan: Remember you have promised to be a fair juror… As I explained during jury selection, we are suffer from preconceptions and stereotypes, implicit biases. Guard against them.
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Justice Merchan: Under our law, Juror Number One will be the foreperson… In this case, we have six alternate jurors. Do not speak about the case, by any means. Do not read about the case, including on the Internet.
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Justice Merchan: We were going to end today at 2 pm – in fact, we’ll end at 12:30. Tomorrow, the jury will start at 11 am [Contempt hearing before that]. People?
Prosecutor: This case is about a criminal conspiracy. Donald Trump corrupted the 2016 election
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Prosecutor: The scheme began. The Defendant met with David Pecker, with Michael Cohen there. They conspired to conceal negative information about Mr. Trump. Michael Cohen paid $130,000 to Stormy Daniels to silence her
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Prosecutor: The Defendant claimed the payments to Michael Cohen were for legal services. That was a lie. The Defendant falsified 34 business records. He was indicted. Falsified were invoices, voucher enties and payment checks with check stubs
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Prosecutor Matthew Colangelo: This starts with an August 2015 meeting with David Pecker of AMI, and the National Enquirer. Pecker had say over what was published. Dylan Howard was also involved.
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Prosecutor: They attacked a then candidate named Ted Cruz, including accusing his family of being involved in the assassination of JFK. They attacked Ben Carson for alleged medical malpractice. Pecker was to try to bury negative information about the Defendant
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Prosecutor: They carried out three catch and kills. A doorman named Dino Sajudin was trying to sell information about an alleged out of wedlock children the Defendant had. It was arranged to pay Sajudin $30,000
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Prosecutor: Cohen got involved to add a $1 million damages clause. Then there was Karen McDougal, a former Playboy playmate. Keith Davidson represented her, shopping her story of affairs with Donald Trump; she had an affair with the Defendant nearly a year
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Prosecutor: Howard told Cohen he thought the allegations were true. They all discussed it. Pecker agreed AMI would pay $150,000 for the story. AMI added other terms, Ms. McDougal would appear on the cover. But it was hush money
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Prosecutor: You will hear David Pecker testify about his conversations with Donald Trump about McDougal. But Trump didn’t pay, and Pecker was frustrated. Cohen recorded a conversation with Donald Trump. You will here it. Cohen spoke with Allen Weiselberg
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Prosecutor: You will hear the Defendant say, in his own voice, that they should pay in cash. Instead they paid as so-called advisory services. Pecker consulted with AMI’s general counsel, then said AMI would eat the cost.
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Prosecutor: A month before the election, the Washington Post published a video that turned the campaign upside down – on a hot mic on Access Hollywood. The Washington Post reporter emailed Hope Hicks with a transcript of Donald Trump bragging about sexual assaults
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Prosecutor: Donald Trump said, Grab them by the p*ssy, you can do anything. Allies withdrew their endorsements. The Republican National Committee considered replacing him a month before election day.
[At defense table, Trump whispers to his lawyer Blanche
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Prosecutor: One day after the Access Hollywood tape was published, AMI told Michael Cohen that Storm Daniels’ lawyer Keith Davidson had another story about sexual infidelity, with a porn star. At Trump’s direction, Cohen arranged to buy the story
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Prosecutor: Trump told Cohen to delay under after the election. And Cohen tried. But Stormy Daniels and her lawyer saw through it. So it was arranged that Cohen would pay $130,000 through a shell company
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Prosecutor: It was called Essential Consultants LLC. Cohen took out a home equity loan; he paid Stormy Daniels. Cohen gave false information to the bank, at Donald Trump’s direction and for his benefit, to influence the election. This was a conspiracy
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Prosecutor: It was elections fraud, pure and simple. Trump was concerned. On Election Night, Keith Davidson texted the National Enquirer’s Dylan Howard and asked, What have we done?
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Prosecutor: The Defendant invited Pecker to the White House, to thank you. In January 2017, before the Defendant moved to DC, Cohen met with Allen Weiselberg, the CFO. They couldn’t admit it was porn star payoff – Weiselberg asked for a bank statement
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Prosecutor: They doubled it, for Cohen to pay taxes on it. They added another $60,000 as a year end bonus. Allen Weiselberg wrote it all down; Trump approved it. You will see that Donald Trump was frugal – but not in this case. This might be the only time
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Prosecutor: So they purported to pay under a retainer agreement that didn’t exist. In February 2017 Cohen went down to DC; they confirmed the plan. Then Cohen sent a fake invoice, and got a check. He did it 11 times.
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Prosecutor: They entered this into the Trump Organization’s general ledger – falsely. The first payements were from the Donald J. Trump Revocable Trust, then form Trump himself. False business records each time. You’ll hear a lot about Michael Cohen.
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Prosecutor: When it became public, Michael Cohen lied. He has a criminal record. Cohen will testify that he pled guilty and went to jail, for the Karen McDougal payoff, and Storm Daniels. Also tax fraud and laying to a bank and Congress
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Prosecutor: Cohen’s testimony is backed up with other witnesses: David Pecker and Keith Davidson. We have records and will show them to you, sometimes at length. This is about a criminal conspiracy and a cover up. We are confident you will have no reasonable doubt
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Prosecutor: Ignore the irrelevant sideshows that come up in this trial. My colleague Joshua Steinglass will explain: Donald Trump is guilty.
Justice Merchan: Thank you.
Trump’s lawyer Blanche: Donald Trump is innocent. President Trump did not commit any crimes.
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Trump’s lawyer Blanche: You’ve seen President Trump for years. He’s larger than life. But he’s here doing what any of us would do: defending himself. We call him President Trump. He earned to: he was President. He’s running for it right now, he’s the nominee
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Trump’s lawyer Blanche: The evidence in the trial is from years ago, pre-COVID. Witnesses will talk about 2015. The story you just heard is not true. At the end of this trial there will be plenty of reasonable doubt. You will learn President Trump is successful
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Trump’s lawyer Blanche: After President Trump took office, Cohen became his personal attorney – and he billed $35,000 a month. The invoice was processed and was paid. 9 of the checks made their way down to the White House. He’s the only signatory on his account
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Trump’s lawyer Blanche: You’ll hear that Ms. Daniels did in fact sign a Non Disclosure Agreement. But President Trump did not pay Michael Cohen $130,000 – he paid him $420,000. Would a frugal business man do that? It was not a pay back.
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Trump’s lawyer Blanche: Cohen did legal work for President Trump and the First Lady. A ledger is just like a checkbook. You will hear it was done by Deb Tarasoff. She is not going to say she had any conversation with President Trump about this
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Trump’s lawyer Blanche: Some of your heard this last week during jury selection, this idea of accomplice liability. That they can get around the complete lack of knowledge and intent. It was Michael Cohen.
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Trump’s lawyer Blanche: Spoiler alert: there’s nothing wrong with trying to influence an election. It’s called democracy. And there’s nothing illegal about entering into a non-disclosure agreements. What Ms. Daniels did was almost extortion
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Trump’s lawyer Blanche: You’ll hear this agreement was negotiated by lawyers –
Prosecutor: Objection!
Justice Merchan: Please approach.
[Whispered sidebar; Trump alone at defense table]
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[They’re back]
Justice Merchan: The objection is sustained. That last comment is stricken.
Trump’s lawyer Blanche: There is nothing illegal about a non-disclosure agreement. Period. You’ll hear us cross examining Michael Cohen.
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Trump’s lawyer Blanche: After the election, Michael Cohen wanted a job in the administration. He didn’t get one. He defended President Trump on TV. But he was also a criminal. He cheated on his taxes and other things. In 2018 he got caught. He’s a felon
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Trump’s lawyer Blanche: He goes on podcasts and says, he’d like to see President Trump go to prison, in this case. Last night, 12 hours ago, Mr. Cohen on a public forum said he wanted to see President Trump in an orange jumpsuit.
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Trump’s lawyer Blanche: Cohen walked into a courtroom very near here, and he lied-
Prosecutor: Objection!
Justice Merchan: Sustained. Please approach.
[Whispered sidebar]
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[They’re back]
Justice Merchan: The objection is sustained.
Trump’s lawyer Blanche: You will hear that Mr. Cohen raised his right hand and then lied – then admitted that, plead guilty to lying under oath. Cohen is obsessed with President Trump.
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Trump’s lawyer Blanche: Michael Cohen’s entire livelihood relies on President Trump being convicted this case. Stormy Daniels, President Trump met her in 2006, he was running a very popular TV show named The Apprentice. He spoke to her about that.
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Trump’s lawyer Blanche: She tried to make money off these communications. She’s made hundreds of thousands of dollars since. She was paid for documentary. Courts have sided with President Trump – she owes him $600,000. But she knows nothing about the charges here
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Trump’s lawyer: This supposed catch and kill conspiracy? There’s no conspiracy charge here. There is nothing illegal about what happened between AMI, the National Enquirer, Mr. Pecker and President Trump. It happens at the time with famous people.
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Trump’s lawyer Blanche: We’re New Yorkers. That’s why we’re here. You said you would put aside your views of President Trump. We trust you to do that, we do. Base it on the evidence – and there will be a swift not guilty verdict.
Justice Merchan: Please approach
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Justice Merchan: Jurors, we’re going to take a very short 10 minute recess. Please step out and follow the instruction of the officers. I’ll see you back at 12 noon.
Thread will continue here in 10 minutes. For now, book about voir dire:
From amazon.com
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[They’re back]
Justice Merchan: People, call your first witness.
Prosecutor: The People call David Pecker.
Clerk: Do you swear or affirm, the truth the whole trust and nothing but the truth?
Pecker: Yes… Fairfield County, Connecticut.
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Prosecutor: Sorry to start with this – how old are you?
Pecker: 72.
Prosecutor: What do you do?
Pecker: Now, consulting. Including for American Media
Justice Merchan: Jurors, do you want writing materials? Please keep your hand up.
[Voluntarily not reporting]
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[At defense table, Blanche and Emil Bove has switched seats. Trump is whispering to each of them in turn.]
Prosecutor: What does AMI do?
Pecker: Publishes celebrity magazines. The National Enquirer. Globe. InTouch. Star. Flex. I was chairman and CEO – I owned 10%
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Prosecutor: Did you have final say on what would be published and what would not be published?
Pecker: We used checkbook journalism. We paid for stories. I set a $10,000 limit. If more, it would have to be vetted by me.
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Prosecutor: What were editor meetings?
Pecker: I would consider the covers, they were the most important thing. What is the photo on it?
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Prosecutor: In the time frame what were the last four digits of your cell phone?
Pecker: 7501
Prosecutor: 01 or 91?
Pecker: 91, sorry. And 5955
NY office: 4899
Florida office: 1221 and two separate emails.
Prosecutor: Are you here under subpoena?
Pecker: Yes.
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Prosecutor: How was Dylan Howard?
Pecker: Chief editor in chief.
Prosecutor: He ran the network of course for AMI?
Pecker: Yes.
Prosecutor: When it came to juicy stories, did he run these by you?
Pecker: Yes. That was a big part of his job.
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Prosecutor: What are sources?
Pecker: For us, limousine drivers, people who work for lawyers, like that.
Prosecutor: Where is Dylan Howard now?
Pecker: Australia.
Prosecutor: Does he have health issues?
Trump’s lawyer: Objection!
Justice Merchan: Overruled.
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Prosecutor: Who was Bonny Fuller?
Pecker: We had to compete with her Us Weekly. She was killing us. So I decided to try to hire her.
Justice Merchant: Jurors, we’ll end here for the day.
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[Jurors leave, Pecker steps down from witness stand]
Justice Merchan: So we’ll have our hearing [on contempt] tomorrow. If we’re not done by 11 – and I expect we will be – we’ll stop and let the jury in, and pick it up later.
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Trump’s lawyer Emil Bove: We objected to some testimony from Mr. Pecker about the whereabouts of Dylan Howard – it was hearsay and irrelevant.
Prosecutor: It could be foundational, as to witness availability.
Justice Merchan: Your objection is noted.
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Trump’s lawyer Bove: We expect them to elicit newspaper articles – we’d like the court to give a limiting instruction to the jury.
Prosecutor: At some point. Pro Trump headlines in the National Enquirer, and the anti-opponent headlines. Only for the dates
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Trump’s lawyer Bove: There’ll be some November 2015 emails, with Sharon Churcher and others. But there’s hearsay – it cannot come in.
Prosecutor: Would have been better if we’d heard about this months ago. But we could agree some is not for the truth
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Justice Merchan: Mr. Bove, identify the ones you’re concerned about.
Bove: We only learned when Mr. Pecker would be called at 3 pm yesterday.
Prosecutor: Could we approach for a moment? [Apparently on the contempt motion]
FactReal 
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