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But the court’s opinion also makes clear that this ruling is not a death knell for Smith’s case. Smith charged Trump with engaging in a “criminal scheme” to subvert the 2020 election; Trump has pleaded not guilty to four counts. In Nixon v. Fitzgerald, the Supreme Court held that a president enjoyed civil immunity for all “official acts.” Now, in Trump v. United States, the court grappled with which “official” acts should also receive criminal immunity. In order to settle the extent of Trump’s immunity, Chutkan should expeditiously schedule the mini-trial to hear witness testimony and receive other relevant evidence from both parties. In response to Trump’s assertion of civil immunity there, the DC Circuit put in place a lengthy discovery schedule for the lower court to determine the extent of Trump’s civil immunity.
Persons: Norman Eisen, , Donald Trump, Danya Perry, Joshua Kolb, Neil Gorsuch, Jack Smith’s, Donald Trump’s, Norm Eisen, Tanya Chutkan, Smith, Trump, Nixon, Fitzgerald, , Joshua Kolb CJ, John Roberts, Justice Department —, Mike Pence, Mark Meadows, Jeffrey Clark —, Clark, Steve Jones, Meadows, Brad Raffensperger, Jones, Meadows’s, Sotomayor, Chutkan, Pence, Bill Barr —, Trump’s, slimming, , Justice Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson Organizations: CNN, Perry Law, Division, Southern, of, State, Moreland Commission, Nixon, Trump v ., Justice Department, Trump, White, Trump administration, Georgia, Meadows, Circuit, Congress, Capitol Police, Capitol, DC Circuit, Twitter Locations: of New York, New York, Moreland, Trump v, Trump v . United States, Georgia, Fulton, Meadows
They are the first jury in the 235-year history of the United States to be confronted with that weighty question. The payment was made to keep her silent about allegations that she and Trump had a sexual encounter (which Trump denies) ahead of the 2016 presidential election. Merchan then offered a detailed explanation of the legal rules that the jury must apply to make those determinations. This time it was for the judge to re-read the jury instructions to them, another indicator of the care they are taking in deliberations. We will see how long their deliberations take, but this afternoon’s developments suggest that it will not be an instant process.
Persons: Norman Eisen, , Donald Trump, , Juan Merchan, Donald Trump’s Manhattan, Trump, Norm Eisen, Norm Eisen Trump, Stormy Daniels, Merchan, , David Pecker, Todd Blanche, Michael Cohen, Blanche, Pecker, Cohen, Karen McDougal, McDougal Organizations: CNN, Yorkers, National Enquirer, Trump, Twitter, Facebook Locations: American, United States, Manhattan
CNN —On Tuesday, we at last came to closing arguments in the Manhattan criminal trial of former President Donald Trump after 20 days of trial, testimony from 22 witnesses and over 200 exhibits. Were the 34 allegedly false records actually false? The first pivot point is whether the 34 business records at the heart of the case actually contain false information. And Steinglass pushed back on Blanche’s emphasis on the much-discussed October 24, 2016, Cohen call to Trump’s bodyguard, Keith Schiller. Indeed, Blanche continued, Trump repeatedly disclosed the reimbursement — including on Twitter, a 1099 form to the IRS and a federal financial disclosure form.
Persons: Donald Trump, Todd Blanche, Joshua Steinglass, Trump, Stormy Daniels, Michael Cohen, Blanche, Daniels, , Norm Eisen, Madame Tussaud’s, Cohen, Steinglass, Keith Schiller, Schiller, Allen Weisselberg, , ” Steinglass, , ” Blanche, Hope Hicks, Madeline Westerhout, Cohen — Organizations: CNN, Trump, Trump Foundation, Trump Organization, Twitter, IRS, New, White House, Facebook Locations: Manhattan, New York
Part of the reason for those modest hopes was the fact that the defense case would not include testimony by the defendant. Later, the charging conference to agree on jury instructions showed how daunting the law is that Trump faces. All of that is bad news not just for Costello, whose clash with Merchan won Trump’s praise outside the courtroom Monday, but also for the defense. Because Costello was one of Trump’s only witnesses, there is also the risk that he — and the jury’s reaction to his poor attitude — will taint the defense case overall. There was little the defense could do about the law in the charging conference beyond their usual able argument.
Persons: Norman Eisen, , Donald Trump, Juan Merchan, Robert Costello, Costello, Michael Cohen, Susan Hoffinger, ” Cohen, Rudy Giuliani, Cohen, , Trump, Norm Eisen, Stormy Daniels, , parrying, Merchan, it’s, Matthew Colangelo, “ I’m Organizations: CNN, Trump, Trump —, FBI, Prosecutors, Twitter, Facebook Locations: Manhattan, , New York
CNN —The biggest drama in the trial of former President Donald Trump on Monday came not, as expected, in the cross-examination of former Trump attorney Michael Cohen. His testimony wrapped without any moments approaching the significance of last week’s defense hits on the star witness. Cohen had already admitted that he lied to Costello, and indeed lied more broadly to protect Trump before cooperating with the government. But Cohen has already testified that he lied about Trump’s knowledge of the payment to Daniels before cooperating with prosecutors. It culminated before the lunch break with a bit of razzle- dazzle to bolster Cohen’s testimony about what happened on that phone call with Schiller and Trump.
Persons: Norman Eisen, , Donald Trump, Trump, Michael Cohen, — Robert Costello, Cohen —, audibly, Juan Merchan, Costello, ” Merchan, cautioning, , , ” Costello, Merchan, Norm Eisen, Cohen, chastising Costello, Stormy Daniels, Daniels, Todd Blanche, Blanche, Keith Schiller, Schiller, , Trump’s, , Susan Hoffinger, Perry Mason Organizations: CNN, Monday, Trump, Trump Organization, SPAN, Twitter, Facebook Locations: Trump’s Manhattan, Tampa , Florida
CNN —The forceful direct examination of former Trump fixer-turned-star prosecution witness Michael Cohen concluded Tuesday in the Manhattan criminal trial of former President Donald Trump. But the cross was uneven and Cohen, like Stormy Daniels before him, held his own. Whether that will change in the days ahead remains to be seen, but in any event, the cross of Cohen got off to an inauspicious start. ), his anti-Trump podcast (showing bias, but Cohen owned it) and even selling anti-Trump merchandise (showing financial motive, but again failing to get a rise out of Cohen). However, even when Blanche confronted Cohen with his most inflammatory social media comments, such as calling Trump a “dictator douchebag” and a “Cheeto-dusted cartoon villain,” Cohen was utterly unfazed.
Persons: Michael Cohen, Donald Trump, Todd Blanche, Cohen, Stormy Daniels, Trump, Allen, Weisselberg, Daniels, Norm Eisen, Susan Hoffinger, , Hoffinger, , Blanche, ” Cohen, Susan Necheles, Necheles, Judge Juan Merchan, douchebag ”, mercifully, Blanche’s Organizations: CNN, Trump fixer, Trump, Trump Organization, Trump “, Twitter Locations: Manhattan
Pecker explained that for the scheme to further benefit Trump’s campaign, he later set in motion the hush money payment to Stormy Daniels. Trump claimed Cohen made the payment on his own and not at Trump’s direction, but Hicks did not believe him. He testified that he was under the belief that Cohen needed Trump’s approval to wire any funds and that Trump was the source. Former Trump Organization accountant Deborah Tarasoff also told the jury that Trump was directly involved in reimbursing Cohen. She spoke at length about how Trump continued to focus on personal and Trump Organization business minutiae while in the White House.
Persons: Norman Eisen, , Donald Trump, CNN — Michael Cohen, Trump, Cohen, Stormy Daniels, Norm Eisen, Daniels, David Pecker, Pecker, Hope Hicks, ” Hicks, Hicks, Allen Weisselberg, ” Trump, Weisselberg, Keith Davidson, Davidson, Deborah Tarasoff, reimbursing Cohen, Tarasoff, Donald J, Eric Trump, Reimbursing Cohen Cohen, Trump’s, Jeffrey McConney, I’ve, ” McConney, Madeleine Westerhout, Westerhout, Sally Franklin, Organizations: CNN, Trump, American Media, National Enquirer, Trump Organization, Trump Revocable Trust, White House, White, Twitter, Facebook, Random, “ Trump, The Trump Organization Locations: Trump’s Manhattan, Manhattan, Trump,
Trump denies having a sexual encounter with Daniels and has pleaded not guilty. It was expected that the cross would be even tougher today and, indeed, Necheles furiously attacked Daniels from the get-go. In the most pointed back-and-forth of the day, Necheles attacked Daniels’ recollection of the circumstances surrounding her alleged sexual encounter with Trump in 2006. It also reinforced Daniels’ Tuesday testimony that she felt a power imbalance with Trump at the time of the encounter. I interviewed him on these identical facts for the first Trump impeachment and I expect he, like Daniels, will exceed expectations.
Persons: Norman Eisen, , Donald Trump, Stormy Daniels, Daniels, Susan Necheles capably, Norm Eisen, Necheles, Trump, ” Daniels, I’m, unclothed, , Michael Cohen Organizations: CNN, Manhattan, Trump, Prosecutors, Twitter, Facebook
We can break down Daniels’ testimony by five critical “C” components:Curiosity: From the moment Daniels entered the room on stage right, the jury’s eyes — indeed, all eyes in the courtroom — were on her. Character: Assistant District Attorney Susan Hoffinger spent the first 15 minutes or so of direct examination introducing Daniels to the jury. Join us on Twitter and FacebookCross: As with every witness in this trial, the defense, in this case the able Susan Necheles, landed some blows. More fundamentally, Necheles challenged the witness’ credibility on the 2006 encounter with Trump, pointing out that Daniels had previously denied it as recently as 2018. The widely anticipated testimony of Stormy Daniels did not disappoint.
Persons: Norman Eisen, , Donald Trump, CNN —, Stormy Daniels, Norm Eisen, Norm Eisen Daniels, Trump, Daniels, Susan Hoffinger, , Hoffinger, Juan Merchan, Michael Cohen, Susan Necheles, Necheles Organizations: CNN, Trump, Prosecutors, Texas, Twitter, Facebook Locations: Manhattan, Baton Rouge , Louisiana
He was a financial professional at the Trump Organization for decades who proved to be an effective guide to the second phase of the prosecution’s case. The controller agreed that he “rarely spoke” with Trump while at the Trump Organization, never spoke to Cohen about these issues and was never asked by Trump to make the questioned business entries. Join us on Twitter and FacebookA similar back-and-forth unfolded after the lunch break, including when another member of the Trump Organization accounting staff, accounts payable supervisor Deborah Tarasoff, testified. While we have a ways to go on both halves of the case, prosecutors are scoring more points so far. So while Trump can feel good about his team’s effort, he can’t be very encouraged about where the overall scoreboard stands.
Persons: Norman Eisen, , Donald Trump, Juan Merchan’s, Jeffrey McConney, Norm Eisen, McConney, David Pecker, Trump, Matthew Colangelo, Allen Weisselberg, Michael Cohen, Stormy Daniels, Cohen, Emil Bove, Deborah Tarasoff, District Attorney Alvin Bragg, Hope Hicks Organizations: CNN, Trump Organization, National Enquirer, Assistant, Trump, Cohen, Twitter, Facebook, District Attorney, White House
CNN —It’s a cliché to say that electricity surged through a courtroom — but it did when Hope Hicks took the stand Friday morning for her testimony in the election interference trial of former President Donald Trump. That is because as special counsel for the first Trump impeachment, I took her testimony on the alleged 2016 election influence scheme. When I took Hicks’ testimony for the impeachment proceedings, I found her to be a compelling witness, and the same was true Friday. Trump appeared to nod off repeatedly, including during Hicks’ testimony about how she first learned of the Daniels story. !” Asleep or awake, for Trump, Hicks’ testimony was a nightmare.
Persons: Norman Eisen, , Donald Trump, CNN —, Hope Hicks, Norm Eisen, Hicks, , Trump, Stormy Daniels, , Daniels, ” Hicks, Matthew Colangelo, Michael Cohen, Cohen, Organizations: CNN, Trump, Washington Post, Twitter, Facebook Locations: East
Norm Eisen Courtesy Norm EisenIn Donald Trump’s Manhattan election interference trial, the case is coming in better than expected, and that is ominous for the former president. The prosecution asked Davidson to explain the meaning of a text he had sent to Howard that evening. As the election was about to be called for Trump, Davidson sent a text to Howard asking, “What have we done?”Prosecutor Joshua Steinglass asked Davidson what the meaning of those words were. It also highlighted the stakes here: Unlike Trump’s 2020 election interference cases pending in Georgia and federal court, the unlawful effort to impact the election alleged in this case might have actually worked. I was watching the jury closely when Davidson spoke, and they were riveted.
Persons: Norman Eisen, , Donald Trump, CNN CNN —, Norm Eisen, Donald Trump’s, Keith Davidson, Davidson, Karen McDougal, Stormy Daniels, Trump, Michael Cohen, Daniels, David Pecker, Cohen, Dylan Howard —, Howard, Joshua Steinglass, , Matthew Colangelo Organizations: CNN, CNN CNN, American Media, Inc, National Enquirer, Trump, Twitter Locations: , Donald Trump’s Manhattan, Georgia
CNN —Welcome to week two of the Trump 2016 election interference trial. And the case Manhattan District Attorney Alvin Bragg brought is, at heart, a documents case – Trump has been charged with 34 counts of felony record falsification, actions allegedly taken to cover up hush money payoffs connected to the 2016 election. But as demonstrated by longtime Trump assistant Rhona Graff’s testimony Friday afternoon, the methodical nature of the testimony and evidence doesn’t mean it will be dull for the jury. The testimony of Gary Farro, Cohen’s onetime banker, is emblematic of what we are likely to hear from other witnesses this week. When defense counsel elicited from Graff on cross-examination that Trump was a good boss, she became a free character witness.
Persons: Norman Eisen, , Donald Trump, David Pecker, Norm Eisen, Attorney Alvin Bragg, – Trump, Rhona Graff’s, Trump’s, paramours, Karen McDougal, Stormy Daniels, Pecker, Dallas ”, ” –, Trump, Michael Cohen, Daniels, Gary Farro, Cohen’s, Farro, Graff, Cohen, Rebecca Mangold, McDougal, Mangold, It’s, Team Trump Organizations: CNN, National Enquirer, Attorney, Trump, Dallas, Prosecutors, Team, DA Locations: Manhattan
Merchan sanctioned Trump for violating his gag order for nine posts and reposts on his Truth Social site and campaign website, targeting witnesses and jurors in his Manhattan prosecution. In his written order, summarized from the bench at the start of the trial on Tuesday, the judge also warned Trump that if he persists in violating the gag order, he faces jail time. Perhaps the new sanctions — or those likely to come in response to the newest four allegations of gag order violations — will be the end of it. As I have previously explained, Trump’s argument that the gag order infringes his First Amendment rights is specious. In any event, even if Trump believes those things, that is no excuse under New York law to violate a court order.
Persons: Norman Eisen, , Donald Trump, Norm Eisen, Juan Merchan, Merchan, Trump, ” Trump, incarcerate, Nelson Mandela, it’s, , , Michael Cohen, Stormy Daniels, Trump’s Organizations: CNN, Trump, Liberal, New, White House Locations: Manhattan, New York
Indeed, Bove was forced to apologize to Pecker in front of the jury to open the day. Bove got Pecker to concede that the National Enquirer did “catch and kill” stories to bury damaging information about high-profile people all the time. Bove also contrasted Pecker’s testimony with what was in the FBI notes of Pecker’s first 2018 interview with the feds. And Bove intimated that Pecker cannot directly connect Trump to the allegedly illegal payments then-Trump fixer Michael Cohen made to Daniels at a later date. As for Trump’s recognition of yours truly, it happened again as he left the courtroom Friday for the mid-day break.
Persons: Norman Eisen, , Trump, Donald Trump, David Pecker, Norm Eisen, Emil Bove, Bove, Stormy Daniels, , Juan Merchan, Bove’s, Pecker, Daniels, Hope Hicks, Merchan, Trump’s, ” Merchan, blunting, Pecker’s, Michael Cohen Organizations: CNN, Trump, National Enquirer, White House Communications, Twitter Locations: New York, Manhattan, Washington, York, , Trump
Norm Eisen Courtesy Norm EisenTuesday morning, however, will be something I have never seen before in my three decades of criminal law practice. Seven of the 10 came after Trump was put on notice of the gag order hearing and were rolled into it. As the Court found in issuing the gag order, Trump’s history of attacking his perceived foes presents a serious threat to the safety of witnesses and jurors (among others) and thus to the integrity of the trial. Moreover, the comments at issue concern the trial and are not in regard to Trump’s presidential campaign – at all. The judge may split the baby and order sanctions for some but not all of Trump’s statements.
Persons: Norman Eisen, , Trump, Donald Trump’s, Norm Eisen, Juan Merchan, Attorney Alvin Bragg, Daniels, Michael Cohen, Merchan, they’re, Emil Bove, Cohen “, Mr, Cohen, Organizations: CNN, Trump, Attorney, TRUMP Locations: York
Editor’s Note: Norman Eisen is a CNN legal analyst and editor of “Trying Trump: A Guide to His First Election Interference Criminal Trial.” He served as counsel to the House Judiciary Committee for the first impeachment and trial of Trump. CNN —I will be joining the line Monday morning to witness opening statements in the first-ever criminal trial of a former American president. As a trial lawyer, I always would rather the jury hear about any problems with witnesses from me first, together with the solution. If the DA wants to build a bridge for the jury into what Trump was thinking, Blanche wants to preemptively destroy it. But before that I’ll be back to you with an evaluation of how both sides did for the next installment of my trial diary.
Persons: Norman Eisen, , Trump, CNN —, Norm Eisen, Donald Trump –, Juan Merchan, Alvin Bragg’s, Matthew Colangelo, Susan Hoffinger, Joshua Steinglass, it’s, It’s, , Michael Cohen, Stormy Daniels, David Pecker –, Todd Blanche, he’s, Blanche, Cohen, Daniels, I’ll Organizations: CNN, Norm Eisen Journalists, Justice Department, New York, American Media, National Enquirer Locations: American, Manhattan
CNN —Opening statements, followed by a few minutes of testimony from the first witness, concluded Monday in the criminal trial of former President Donald Trump. Norm Eisen Courtesy Norm EisenMy takeaway: The prosecution has the upper hand based on the evidence and the law, and Trump knows it. As expected, prosecutor Matthew Colangelo hammered home his theory of the case: that it is all about election interference and its cover-up. Colangelo made the complex simple, going through the chronology of evidence that prosecutors will present to prove the election interference. ACT THREE: A payment to another person with a damaging story — Karen McDougal, who alleged she had an affair with Trump.
Persons: Norman Eisen, , Donald Trump, Norm Eisen, Trump, Matthew Colangelo, , Colangelo, David Pecker, Pecker, Michael Cohen, Dino Sajudin, Karen McDougal, Hope Hicks, Trump’s, Stormy Daniels, Cohen, Daniels, Todd Blanche, Blanche, ” Blanche, Juan Merchan, , “ Trump, couldn’t, Hicks Organizations: CNN, ACT ONE, Trump, American Media, National Enquirer, ACT FOUR, White House, ACT FIVE, Trump Organization, Locations: Trump
We should call it an “election interference” trial going forward. Assistant District Attorney Joshua Steinglass skillfully advanced the election interference theory by structuring his evidentiary points in chronological order within that frame. Trump’s alleged 2020 attempt to overthrow our government distorts perceptions of how serious the charges related to the 2016 election are. How can we call this an election interference trial, they ask, if the election was already over when the 34 alleged document falsification crimes occurred? It is an election interference one and we should say so.
Persons: Norman Eisen, , Donald Trump, Juan Merchan, Trump, Stormy Daniels, Joshua Steinglass, Steinglass, Michael Cohen, David Pecker, Daniels, Cohen, Attorney Alvin Bragg, Jack Smith, Fani Willis, Trump’s, Bragg Organizations: CNN, Trump, , American Media, National Enquirer, DA, Attorney, Fulton, Twitter Locations: Georgia, Fulton County, Manhattan
If she does not course-correct, she’s headed for another shellacking by the circuit – and possible removal from the case. That statute outlines the parameters between a president’s official and personal records, and sets up processes for how official documents are preserved. If this were true, the mere fact that Trump took the documents with him from the White House would inherently turn them into personal records. Importantly, Smith asked Cannon to let both parties know “promptly” how she viewed the law. Ejecting her from the case would be extremely unusual and Smith does not mention seeking it in his papers.
Persons: Norman Eisen, Trump, Danya Perry, Perry Guha, Joshua Kolb, Jack Smith, Donald Trump’s, Smith, Aileen Cannon, Donald, Cannon, she’s, counterarguments, Cannon’s, , fashioning, Organizations: Democrats, Brookings, New, Public, CNN, Appeals, Circuit, Trump, Records, National Archives, Records Administration, White Locations: Lago, Bedminster , New Jersey
CNN —Contrary to the popular view that former President Donald Trump has successfully delayed accountability, this week he’s facing a one-two punch that has the potential to inflict lasting damage. Some say that this case, too, serves as an example of Trump’s success at delaying prosecution against him. On March 18, Trump’s lawyers told the court that it was a “practical impossibility” to secure such a large bond. The bottom line, however, is that the New York attorney general is likely going to continue putting liens on Trump’s properties. Whatever delays may be present in those jurisdictions, or in Florida’s Mar-a-Lago documents case, in New York the former president is facing serious hits.
Persons: Norman Eisen, Barack Obama’s, Andrew Warren, Donald Trump, Attorney Alvin Bragg, Letitia James, Norm Eisen, Bragg, Trump, Stormy Daniels, Daniels, Michael Cohen, , Cohen, SDNY, Judge Juan Merchan, Donald , Jr, Eric, Judge Arthur Engoron, James, general’s Organizations: CNN, US Department of Justice, New, Manhattan, Attorney, New York, Trump, Andrew Warren State, US, Office, Southern, of, Trump Organization, Seven, NY, DC Locations: Hillsborough County , Florida, New York, of New York, Westchester County , NY, Springs, Manhattan, New York City, Saudi Arabia, Russia, Georgia, Florida’s Mar
That should be no surprise considering that a consistent proponent of this inquiry was former President Donald Trump. I make that judgment based on my work as a scholar of impeachment and also as a practitioner who helped lead the first Trump impeachment and trial as counsel to the House Judiciary Committee. McCarthy bitterly — and now hypocritically — criticized former Speaker Nancy Pelosi for announcing the first Trump impeachment before a vote (she later scheduled one). That includes examples like the inquiry into President Richard Nixon and the second Trump impeachment. The proposed Biden impeachment is a revenge mission and nothing more.
Persons: Norman Eisen, Trump, Obama, Kevin McCarthy’s, Joe Biden’s, Donald Trump, Biden, ” Trump, impeaching Biden, Paul Morigi, McCarthy, McCarthy’s, , Nancy Pelosi, Devon Archer, Archer, Hunter, House Republicans ’ “, , Hunter Biden, , Richard Nixon, Nixon, Joe Biden, Trump’s Organizations: Democrats, White, CNN, CNN —, Social, Republicans, Biden, House Republicans, Committee, Twitter Locations: Czech Republic, , Ukraine, Ukrainian, States, United States
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