Today is a continuation of cross-examination of Michael Cohen by Trump attorney Todd Blanche.
A crook stealing from a crook. Imagine that.
Cross and re-direct went on today. I have to admit, I'm pretty much tuning out. I wonder if the jury would like to do the same.
There is some disagreement about a phone call Cohen says he used to talk to Trump about Stormy Daniels, and the defense is determined to prove he only talked to Trump's bodyguard about something else.
But...all moot.
Apparently, the photo was taken from a video showing Schiller and Trump together mere minutes before the call Trump's lawyer tried to claim could only have been to Schiller. Cohen had testified that he did indeed call Schiller's phone, but that it was handed to Trump for a quick exchange regarding Stormy Daniels.
The matter of Cohen causing his attorney to submit fake cases in a pleading while Cohen was in prison is addressed on redirect. Cohen says he didn't have access to Westlaw or LexisNexis any longer, so he went to Google Bard, and the cases looked legitimate. I wonder why he didn't have access to the other sites. Perhaps because the prison didn't subscribe to them. Too bad his attorney didn't check them out.
And then...
Robert Costello is the attorney who tried to get Michael Cohen as a client, but Cohen didn't trust him even to tell him the truth about what he was doing for Trump.
With apologies, Merchan asks the jury to step out so he can discuss something with the parties.
Again, I do wish we had discussed this earlier, Merchan begins. Hoffinger stands to reiterate the prosecution's objection: that Constello is being brought in to offer extrinsic evidence to rebut a witness's testimony.
Hoffinger says Costello's testimony should be restricted just to the two questions that Cohen testified he didn't recall with regard to Costello.
Further, Cohen testified that on multiple times he didn't tell the truth to Costello, out of fear that. it would get back to Trump.
Bove says that the defense provided notice days ago their intention to call Costello—there's no mystery here. He's seeking to elicit many facts about how Costello and Cohen's "engagement worked."As Bove makes his case, Merchan pushes back: How can Costello testify as to how Cohen felt? Or to Cohen's state of mind? Merchan clarifies he will entertain other arguments, but not that.
He won't allow the retainer issue.
Costello, dark suit, snowy-white hair, takes the stand.
"Robert"—he stops, having startled himself—"that's awfully loud. Robert Costello," he says.
Q: Did you consider your conversation at Regency Hotel with Michael Cohen to be attorney-client privileged? Objection, sustained, but Costello continues to answer, "Absolutely." Sustained, Merchan repeats, and strikes the answer from the record.
Costello says he pointed out that a search warrant of a law office is much more difficult to get than any other place—objection, sustained.
Hoffinger is quick on the draw during this objection watch. She's on high alert.
I explained that this entire situation would be resolved by the end of the week if he had truthful information on Trump and cooperated with SDNY, Costello says he told Cohen.
Q: Did the topic of Stormy Daniels come up? Objection—overruled. A: Cohen began by saying I don't understand why they're trying to put me in jail for some f'ing NDA.
Q: Did Trump's family come up? A: Yes. Q: What did Cohen say about Trump's family? Objection, sustained. Please approach—sidebar.
Just after Merchan called the sidebar, a man just muttered “this is ridiculous” into a mic, but I'm not positive who said it.
After Merchan sustained one of those last few objections, Costello just shook his head with a kind of “can you believe it” energy.
Bove's back: we're still focused on the Regency meeting, I want to focus very narrowly on whether Cohen said anything about whether Trump knew about the payment to Daniels.
A: Cohen said numerous times that Trump knew nothing about those payments, that he did this on his own.
Was Rudy Giuliani mentioned? Objection—overruled, "I'll allow it." Yes, Costello says, but only briefly.
More objections, sustained. "Jeez," Costello says into the mic, sounding exasperated. Laughs in the gallery.
After Costello said "jeez" into the mic, Merchan, fires at him, "What did you just say?" "Strike it," Costello responds. That's some chutzpah! Sir, you are not the judge. It's tense in the courtroom.
Costello is an attorney. He knows better than to behave this way. *We see the email from earlier, 4/23/18 Costello to Cohen, more questions, more objections. Costello dramatically blows out a puff of air, sounding exhausted. Merchan excuses the jury once again.
MERCHAN: Mr Costello, I'd like to discuss proper decorum in my courtroom. As a witness on the stand, if you don't like my ruling, you don't say jeez, and you don't say strike it, bc I'm the only one who can do that. And if you don't like my ruling, you don't give me sideeye.Merchan, angrily: Are you staring me down right now? Clear the courtroom, the judge says.
Yikes.
I can't believe this is helping Trump.
Prosecutor Hoffinger takes the witness:
Seems like today he's hoping to get Trump as a client.
Blanche wants Merchan to dismiss the case.
Perhaps the wise Judge Merchan decided he should not make a decision without a cooling off period.
Phew. What a day.
UPDATE :
*UPDATE 05/21/2024:
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