Guys - we are almost at the end!! The defense rested today after 2 witnesses testified on behalf of Donald Trump - and neither of them were named Donald Trump. I know, we are all completely and utterly shocked that the most honest man in the world, Donald Trump, who said for weeks on end that he was GAGGED and would absolutely, totally, 100% testify...wussed out at the last minute, like the utterly shameless coward that he is.
Ok, so today started with Trump whining about the temperature...
Except, it is not cold. Reporters have actually started tracking the temperature.
79.5 degrees is UNCOMFORTABLY hot, guys. I would be chugging gatorade while sitting in a tank top and shorts and fanning myself. This guy is in a full suit and tie and thinks it is an ICE BOX???? Maybe he needs to see a doctor about this.
Back to COURT! Costello is back on the stand, more controlled than yesterday. He testified briefly, although the prosecutors put him through the wood chipper pretty quickly, demolishing what little credibility he had left.
They went through some emails, Costello confirmed that he has been friends with Guiliani for over 50 years. Costello got slightly more combative with the prosecutor as she showed him email after email.
Emails like this:
In one case, she showed him an email that said that Costello told his law partner, Jeff Citron, that they needed to get "Cohen on the right page without giving him the appearance that we are following instructions from Giuliani or the president. In my opinion, this is the clear & correct strategy."
A reminder that Cohen testified that Costello and the Trump campaign tried to pressure him to do things that would benefit Donald Trump, similar to how the mob uses lawyers.
Costello did not like that characterization of his emails. He pushed back on the idea that the meanings of his emails are self-evident, even though just yesterday he said that his emails speak for themselves. Prosecutor Hoffinger reminded him: "as you said yesterday, the email speaks for itself, correct?" Costello's replied "Sometimes."
In another email, Costello wrote: “What should I say to this asshole? He is playing with the most powerful man on the planet.”
Towards the end, this happened: Hoffinger brought to the jury's attention that Costello testified in front of Congress JUST LAST WEEK!
This particularly devastating email:
Hoffinger has a brief recross and confirmed Cohen never signed the retainer agreement.
Blanche: "Your honor, the defense rests."
Judge Merchan dismisses the jury until next Tuesday (Monday is Memorial Day) for closing statements. Those will take a day or two. Then jury instructions are expected to last about an hour. Then, the case is in their hands.
Court went to recess until 2:15 p.m., at which time the court held the pre-charge conference. This is when the real work begins: the judge and both sides hash out the nitty gritty of the jury instructions. This is what the jury has to use as it's guide in making its determination of guilty or not guilty. Just one wrong word can change the charge being presented, so it is critical that both sides are heard and that the judge makes the legally sound decision.
and...BREAK!
WE ARE BACK! Let's get this party started!
The first thing the parties argued about is the Federal Election Campaign Act, or FECA. The defense wants the word "willfully" added in a few places. The government only wants to term "unlawful means." Truthfully, this is a bit too in the weeds for me. This is what the judge said/did:
Next they talked about the press exemption to federal election laws. This includes AMI and their shenanigans. More in the weeds discussion about wording, intent, etc.
Then falsifying the business records.
In this case, the defense may get the change they requested. The judge is going to think about it.
A big one: The defense wanted any reference that Trump was involved in
campaign-related crimes removed: "Evidence that President Trump was present when others agreed to a crime does not mean that President Trump engaged in that conspiracy."
The judge is going to add a bias instruction, not unusual in a case with a famous person, I guess?
One area that is NOT in dispute: the advice of counsel defense. Judge Merchan previously rejected that and told Bove The jury will not hear that instruction from the bench, nor are you allowed to make that argument." Bove tried to explain himself, leading the judge to say: "This is an argument that you've been advancing for many, many months. It's denied. Please don't raise it."
and....scene.
The judge stated that would try to release the jury instructions on Thursday, but that could be subject to change.
After court Trump gave his standard airing of grievances. I love how every day you see Todd Blanche's soul continue to wither up in a pile of dust.
And with that, testimony from both sides is over! Jury charges, closing arguments and a ruling!
