Might Donald Trump face jail for contempt? You’ll have to attend till tomorrow’s publish for my eyewitness report. (I’m a day behind. Sorry!) First, right here’s a recap of Monday’s developments:
With the 12 jurors and 6 alternates chosen final week, the trial started in earnest, with vital rulings, opening statements, and the start of David Pecker’s testimony, which is important to the prosecution’s case.
The morning started with a safety delay. These of us with reserved seats within the courtroom had been held for greater than an hour and a half beneath the scaffolding outdoors 100 Centre Road.
That gave me an opportunity to speak to some attention-grabbing of us in line, together with Norm Eisen, the indefatigable lawyer and former ambassador to the Czech Republic, who has already cranked out a helpful guide about this case, and Rachel Maddow, my longtime MSNBC colleague (We return collectively greater than 15 years to when she out-argued me on Keith Olbermann’s MSNBC present), who borrowed an MSNBC cross to come back inside for the day and predicted Trump would quickly minimize his losses and plead responsible to a misdemeanor slightly than endure extra weeks of this hell. I disagree. George Grasso, a retired New York choose and one-time police officer, stopped by to say good day. He’s skeptical of the argument {that a} responsible verdict on this case would maintain up if Trump is again within the White Home. He predicted that “Legal professional Normal Steven Miller” would transfer for an injunction—and get one— that might sideline Trump’s sentencing. Ugh. Extra stakes.
The plan for immediately was to let the brand new jury go dwelling at 2 p.m. for Passover (although it’s not clear there are any Jews on the jury), however a juror with a extreme toothache whose dentist moved her appointment modified the court docket’s schedule. I point out that to remind everybody that that is, in some ways, an atypical jury with atypical exigencies. But it surely wasn’t atypical when one other juror informed Choose Juan Merchan that she wasn’t certain she may deal with the media stress, the third time this has occurred. After a personal viewers with the choose and attorneys, she agreed to renew her duties.
Because the trial started in earnest, Merchan, responding to yet one more repetitive movement from the protection, dominated that the Entry Hollywood tape couldn’t be performed in court docket however may very well be quoted from. When this primary got here up a month in the past in pre-trial motions, I wrongly thought that this was as a result of he didn’t need the phrase “pussy” utilized in his courtroom.
Whereas nonetheless against taking part in the “salacious” tape, the choose reiterated that utilizing any a part of the transcript was okay. So lower than an hour later, Matthew Colangelo, laying out the prosecution’s case, learn from the transcript in a matter-of-fact tone that is perhaps extra persuasive than the 898th listening to of Trump’s voice.
When Colangelo got here to “seize them by the pussy,” there was no audible gasp or response of any form I may discern within the jury field. It was as if jurors thought, “Oh, yeah, I do not forget that. It’ll be attention-grabbing to see the way it pertains to this case.”
I had a superb angle of imaginative and prescient on the jurors, and to an individual, they appeared extraordinarily attentive, with 10 of them asking to take notes which might be to be left on the courthouse every day and might be destroyed on the finish of the trial. Meaning the books they write about their historic position afterward have to be written from reminiscence.
The morning began with the choose’s Sandoval rulings about which of Trump’s previous interactions with the judicial system will be raised throughout cross-examination if he testifies. Merchan dominated that whereas prosecutors can not usher in Trump’s frivolous lawsuit in opposition to Hillary Clinton and some different brushes with the regulation, they’ll query him about the best way he slandered E. Jean Carroll and lied about ripping off his charity to fund his marketing campaign. As I wrote in my New York Occasions Opinion piece, solely a silly megalomaniac would take the stand beneath such circumstances. So, maybe he’ll.
In most trials, the bailiff says, “All rise” because the jury enters the courtroom. I used to be struck by the democratic sight of a contemptuous former president rising as atypical individuals who held his destiny of their fingers walked instantly previous him. That’s the sovereignty of the those who America is meant to characterize.
Merchan’s introductory remarks to the jury had been pretty commonplace—don’t discuss concerning the case both with fellow jurors or once you go dwelling; not like what you see on TV and within the motion pictures, attorneys can’t touch upon testimony—however his warning of “severe penalties” for breaking the principles and two of his different feedback struck me as uncommon.
The choose famous that “delays are inevitable for a large number of causes” however defined that in his courtroom, time is a treasured commodity:
“I by no means take it as a right, and I by no means wish to waste it.” I seen from behind Trump’s golden mane that he appeared totally awake for that one. His delaying video games received’t work.
The opposite uncommon factor the choose mentioned associated to his commonplace directions concerning the prosecution carrying all the burden of proof and the definition of affordable doubt. Twice, he informed jurors that In the event that they had been satisfied of the defendant’s guilt past affordable doubt, “you should discover the defendant responsible of the crime.” This means that he’ll make it clear in his directions that he’s not cool with Trump’s finest hope for jury nullification—a stealth juror who causes a hung jury, regardless of the proof.
Colangelo delivered the opening assertion for the prosecution. He’s a seasoned federal prosecutor and former senior Justice Division official who dealt with New York Legal professional Normal Letitia James’s civil case in opposition to Trump. The expertise confirmed in his deft narrative for the jury. He defined that his case is about “a prison conspiracy” through which Trump “orchestrated a scheme to disrupt the 2016 election” and “lied about his enterprise data again and again.”
Colangelo referred to as it “the Trump Tower Conspiracy,” a reference to a key assembly in August of 2015 the place Trump, Michael Cohen, and David Pecker “shaped a conspiracy at that assembly” to “conceal data” with “intent to defraud and intent to hide one other crime.”
Below the unusual New York State regulation on falsifying enterprise data, prosecutors usually are not obliged to establish (a lot much less indict on) that extra crime or crimes, solely present that the defendant meant to interrupt different legal guidelines, on this case on taxes, marketing campaign finance, and election interference. Colangelo didn’t get into issues of regulation, which is for the choose to deal with on the trial’s finish when he instructs the jury earlier than their deliberations. He was busy telling a riveting story a couple of conspiracy and a coverup.
Because the story bought juicier, the press sound of 58 reporters tapping on their laptops sounded just like the cicadas we’ll hear this summer time in several components of the nation.
The prosecution’s case is an unlikely mixture of salacious tales and mundane paperwork concerning the scheme to cowl up the hush cash funds to Stormy Daniels by calling them a part of a bogus “authorized retainer.” Colangelo informed the jury, “You’ll need to remember the fact that Cohen’s testimony might be backed up” by “an in depth paper path.” And the testimony of David Pecker and Keith Davidson (lawyer for each Karen McDougal and Stormy Daniels) might be “backed up by Donald Trump’s personal phrases,” together with in personal speeches.”
Snooze alert: I might not be writing as a lot when the trial turns to detailing the 34 counts of falsifying enterprise data, which incorporates 11 falsified invoices, 12 falsified ledger entries, and 12 checks from Trump, a number of signed within the Oval Workplace, all of which should be individually launched into proof. That provides as much as 35, not 34, and I pledge to unravel this surprising discrepancy. (I’m certain an harmless clarification is forthcoming)
In previewing the case, Colangelo defined how Pecker bought bored with paying for catch-and-kill tales, and Cohen informed Trump that he would create an organization to purchase Stormy Daniel’s silence and arrange a fancy reimbursement construction. These of you scoring at dwelling already know there’s an audiotape. “You’ll hear him [Trump] ask Cohen, “So what do now we have to pay for it? $150?” Trump meant $150,000. The prosecution says Allen Weisselberg’s handwritten notations and figures will corroborate Cohen’s account.
Prosecutors have Trump chilly on falsifying enterprise paperwork. It’s the remainder of the case that had me scratching my head throughout Colangelo’s opening assertion. “It was election fraud. Pure and easy,” he mentioned.
However was it that easy? “Calling it ‘election fraud’ is a authorized and strategic mistake, exaggerating the case and establishing the jury with excessive expectations that the prosecutors can not meet,” Boston College Jed Handelsman Shugerman wrote in The New York Occasions. Shugerman predicts that any conviction can be overturned on enchantment on the grounds of selective prosecution.
Possibly, however that appears untimely. Whereas I anticipated the prosecution to put out its authorized predicate in its opening assertion, it was beneath no obligation to take action. This quirk within the statute overlaying the falsification of enterprise paperwork provides the prosecution the ingredient of shock. Rumor has it that the DA plans to make use of a little-known New York statute that bars conspiring to intrude in an election.
One benefit for the prosecution is that Trump’s lead lawyer, Todd Blanche, is neither skilled nor efficient. His opening assertion was quick and bumpy (with objections sustained).
It wasn’t clear if Blanche wished to raise Trump (as his consumer little doubt calls for) or shrink him to a human scale. “You’ve seen him for years and years and years…he’s in some methods bigger than life,” Blanche mentioned. “He’s additionally right here on this courtroom doing what any of us would do: defend himself.” The protection will name him President Trump all through “out of respect for the workplace,” however Blanche wished jurors to know, “He’s not simply Donald Trump…he’s a person, he’s a husband, he’s a father, he’s an individual such as you and me.”
Actually? This sounded to me like a lame effort to organize a Melania Protection—that he wished what he claims are the false tales about his intercourse life killed to guard his household. The one downside with this strategy is that we’ll hear testimony that he tried to not pay Stormy Daniels on the idea that after the election, it wouldn’t matter if the tales got here out. Blanche additionally previewed an implausible argument that Trump “put up a wall” between himself and his enterprise when elected. Please.
The protection will argue that “a person who pinches pennies” would by no means pay $420,000 to repay a $130,000 debt.” It does sound uncharacteristic of Trump—for those who haven’t seen the paper path.
Blanche closed by arguing: “Use your widespread sense. We’re New Yorkers. That’s why we’re right here…. You mentioned you’d put apart” your views of Donald Trump. “In the event you try this, there might be a really swift verdict of not responsible.”
In personal, Trump’s attorneys see that as a pipe dream. They’re gunning for a hung jury, not an acquittal.
Coming tomorrow: David Pecker takes the stand.
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