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Trump skirts edge of hush money gag order on speaking about Michael Cohen

Donald Trump’s New York hush money trial has resumed at Manhattan Criminal Court, with further testimony from the defense’s first and perhaps only witness, lawyer Robert Costello.

After the prosecution rested its case on Monday, Mr Trump’s attorneys began to present theirs but immediately ran into trouble when Mr Costello was angrily admonished by Judge Juan Merchan for “staring him down” and muttering in response to the justice’s decisions.

Also on Monday, the former president’s estranged ex-lawyer Michael Cohen concluded his testimony after more than 17 hours on the stand giving evidence.

Cohen endured something of a rocky ride during that time, particularly when he was accused of lying by defense attorney Todd Blanche and challenged over inconsistencies in his statements about the Stormy Daniels payoff at the heart of the case.

Mr Trump denies having an affair with the adult film star and all of the 34 felony charges he faces over the falsification of business records to hide the $130,000 payment made to Ms Daniels in October 2016.

It is still not clear if the defendant himself plans to testify, although it is now thought unlikely.

Closing arguments are scheduled for next Tuesday.

Alex Woodward is covering the trial for The Independent at Manhattan Criminal Court.

Key Points

  • New York hush money trial: What to expect on Day 20
  • Defense witness Robert Costello to return to stand after showdown with judge
  • Michael Cohen admits to stealing from Trump Organization in final day of tesimony
  • What to know as Manhattan prosecutors rest their case against Trump
  • Trump tesifying would be ‘act of near-insanity’
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Defense begins redirect examination

Trump defense lawyer Emil Bove begins redirect examination.

Costello says that a remark that Cohen “played us” is about their frustration with Cohen refusing to sign a retainer agreement.

Bove: “Were you concerned you were representing Michael Cohen but he hadn’t signed the retainer agreement?”

“Yeah, sure.”

Bove asked Costello to “look at the evidence about who initiated communication” but there’s an objection, a sidebar, and then Merchan sustained.

Alex Woodward21 May 2024 15:09 1716300071

Prosecution wraps cross-examination

Hoffinger is now drilling down on Costello’s prior testimony that he was only looking out for Cohen when he was pursuing him as a client.

And a new email, from June 22 2018, complaining to Jeff Citron that Cohen “continues to slow play us and the president.”

“Is he totally nuts?” Costello wrote. “What should I say to this asshole? He’s playing with the most powerful man on the planet.”

Hoffinger: “That email certainly speaks for itself, doesn’t it Mr Costello?”

“Yes, it does.”

“You lost control of Michael Cohen for the president, did you not?”

No.

Hoffinger tries again.

“No, I answered no.”

Costello says he doesn’t have any animosity about Cohen.

Asked if he testified to Congress to intimidate him, Costello called the question “ridiculous.”

“No.”

Nothing further from the prosecution.

Alex Woodward21 May 2024 15:01 1716299843

Costello denies encouraging Cohen not to cooperate

The court then sees an email exchange between Costello and Cohen in which the former sends the latter a YouTube video leading Cohen to respond: “Why send this to me?”

Costello then replies (as we saw yesterday):

The answer to your question will be found in watching the video. It seems clear to me that you are under the impression that Trump and Giuliani are trying to discredit you and throw you under the bus to use your phrase. I think you are wrong because you are believing the narrative promoted by the left wing media. They want you to believe what they are writing . Many of them are already writing that you are cooperating. This strategy has been consistent from the start to put pressure on you into believing that you are alone, that everyone you knew before is distancing themselves from you and you are being “thrown under the bus.” The whole objective of this exercise by the SDNY is to drain you, emotionally and financially, until you reach a point that you see them as your only means to salvation. I told you that the very first day I met you.

Yesterday you were very upset by the stories they were writing about the end of McDermott Will & Emery. You knew this was coming and this was the plan yet it really seemed to throw you off your game emotionally. Whatever you do in the future on this case, please keep in mind that getting upset and flying off the handle, play into your adversaries hand. I know it is very difficult, but you have to keep your head in these trying times.

You are making a very big mistake if you believe the stories these “journalists” are writing about you. They want you to cave. They want you to fail. They do not want you to persevere and succeed. If you really believe you are not being supported properly by your former boss, then you should make your position known. If you really want certain things to happen, you should make that known. If you really want other lawyers to refrain from saying this or that, you should make it known. You have the ability to make that communication when you want to. Whether you exercise that ability is totally up to you.

Hoffinger asks whether he was encouraging Cohen not to cooperate. “Yes, or no.”

“Let me read it. … OK. And your question is?”

“In this email, are you encouraging him not to cooperate? Yes, or no.”

“No.”

Oliver O'Connell21 May 2024 14:57 1716299456

And yet another, that reads, in part: “Our issue is to get Cohen on the right page without giving him the appearance that we are following instructions from Giuliani or the President.”

Costello now says that the messages were about getting “everyone on the same page because Cohen had been complaining incessantly, frankly, that Giuliani was making statements in the press that Cohen didn’t approve of.”

Another email from Costello to Cohen on June 13, telling him that he would be speaking to his “friend” in the event that “there is anything you want to convey.”

Costello: “I was encouraging Michael Cohen … to express any of his complaints, so that I could bring them to Giuliani and get them worked out whatever they were.”

Alex Woodward21 May 2024 14:50 1716299170

Emails contradict Costello testimony: ‘Sleep well tonight, you have friends in high places’

And another email on April 19 to law partner Jeffrey Citron, about Cohen and Giuliani: “All the more reason for Cohen to hire me because of my connection to Giuliani, which I mentioned to him in our meeting.”

And emails to Cohen on April 21, including one with a sign-off that says: “Sleep well tonight, you have friends in high places.”

Hoffinger asked whether one of the emails speaks for itself. Costello says no.

There are other surrounding circumstances, Costello says, “which I would be delighted to tell you.”

“That’s alright.” Hoffinger moves on. Some chuckles in the overflow.

Alex Woodward21 May 2024 14:46 1716299048

And the April 19 2018 email to Cohen about Giuliani, telling him “I told you my relationship with Rudy which could be very very useful for you”. Hoffinger suggests that email means that Costello told Cohen at their initial meeting that he was close to Giuliani.

Costello says he didn’t tell Cohen that.

Alex Woodward21 May 2024 14:44 1716298712

Costello cross-examination underway

Yesterday, there were only a couple of worthwhile moments from Costello, outside of being scolded by the judge. He said Cohen asked him “What’s my escape route?” during their meeting in 2018.

He described Cohen as “suicidal” and “acting very manic.”

“You can understand how traumatic it is to go through that experience, right?” Prosecution attorney Susan Hoffinger asked him. “You can empathize, can you not sir? … But you thought he was being a drama queen?”

“He was putting on quite a show, and he explained to us, two nights before, that he was on the roof of the Regency hotel and he was going to jump off and kill himself,” Costello said.

He’s back up now, in a gray suit, slumped in his chair on the witness stand.

Hoffinger is up on cross-examination.

We see an email from Cohen to Costello: “Please cease contacting me. You do not and have never represented me in this or any matter”

Alex Woodward21 May 2024 14:38 1716298560

Court resumes and Costello is back on stand

Judge Juan Merchan is back on the bench and defence witness Robert Costello is back on the witness stand.

Alex Woodward notes that yesterday’s evidence is now public:

You may remember Costello saying that he never pressured Cohen to do anything, that he merely treated him as a client with his interests in mind, and wasn’t chasing an opportunity to represent him.

Then under the prosecution’s cross-examination, he admitted to celebrating what he thought was a big client, and that he would be “eternally grateful” to be “on the team” representing him, according to an email shown in court.

Here’s the full text:

I will be on the team. “It would be an honor to have you part of my team. I will be eternally grateful for the help and guidance you have already given me.” -Michael Cohen, Personal attorney for President Donald J. Trump.

This is not public yet so do not say anything to anyone about this. I do not know when we will make an announcement but I have been authorized to contact Rudy Giuliani as counsel to President Trump and tell him I will be representing Michael Cohen.

Dad

Oliver O'Connell21 May 2024 14:36 1716298240

Trump remarks in brief: ‘Another day in paradise'

Per the pool reporters in the hallway outside the court:

Trump spoke about inflation: “We’ll get it fixed.”

On the court case:

“They have no case, there’s no crime…”

“Every single person is saying there’s no crime. It’s a kangaroo court — there’s never been anything like I’ve seen.”

“This should be an easy ruling”

Trump also said the judge should rule from the bench.

Trump repeated the broad strokes he says most days in the hallway, calling the judge conflicted and attacking the merits of the case. He did not respond to a shouted question about if he wants to create a unified Reich. A transcript will be coming shortly.

Trump said:

“Every single person is saying there’s no crime. It’s a kangaroo court.”

“New York is really on trial itself.”

“Every single scholar says there’s been no crime he’s done nothing wrong.”

Trump ended his remarks at 9:23 am and walked to the back of the hallway and briefly spoke to his entourage.

He could be heard saying to the group: “another day in paradise.”

He did not respond to another question about the video that mentioned the Reich. He also did not respond to a question about why he won’t testify.

Oliver O'Connell21 May 2024 14:30 1716298154

Watch: Trump maintains lie that protests are being suppressed outside courthouse

...and claims he’s fighting for almost entire population of the US.

Oliver O'Connell21 May 2024 14:29 Newer1 / 6Older

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