On Monday, the first criminal trial of Donald Trump began with both prosecution and defense delivering their opening statements, followed by the first witness in the case, former National Enquirer publisher David Pecker, taking the stand.
Prosecutor Matthew Colangelo gave the opening statement for prosecution.
"This case is about a criminal conspiracy,” said Colangelo. “Trump orchestrated a criminal scheme to corrupt the 2016 presidential election. Then he covered up that criminal conspiracy by lying in his New York business records over and over and over again."
Colangelo spoke for about 45 minutes, explaining how the prosecution would show multiple instances in which Trump had used Pecker’s tabloid as part of a “catch-and-kill” scheme, but emphasizing how the business records at the heart of this case were allegedly falsified when Trump was desperate to keep his connections with adult film actress Stormy Daniels hidden in the final days before the 2016 election.
“It was election fraud, pure and simple,” said Colangelo.
UPDATE: Tuesday, Apr 23, 2024 · 6:23:56 PM +00:00 · Mark Sumner
Pecker delivered more substantial testimony today, speaking for nearly two hours and describing the origins of his relationship with Trump. He also clearly described the formation of the “catch-and-kill” scheme as something that was done as part of Trump’s campaign for office. Pecker made clear that the National Enquirer was little less than an extension of that campaign. He didn’t just trap “stories by women” about Trump: Pecker coordinated with the campaign through Cohen to both publish false positive news about Trump and false negative news about Trump’s opponents.
That included publishing a story about a Marco Rubio “love child” and a Ted Cruz porn star affair that mimicked actual stories that Pecker was suppressing about Trump.
The prosecution was moving through how the “catch-and-kill” scheme operated, using the examples of doorman Dino Sajudin and Playboy model Karen McDougal when the day reached a close. But already it's clear that the scheme was closely embedded in the Trump campaign and more directed at preserving Trump’s viability as a candidate than protecting any personal reputation.
Along those lines, Pecker described Trump as an “eligible bachelor” who was “dating” many beautiful women at a time when he had been married to his third wife for a decade. So it seems that Trump had good reason to expect “stories by women.” It’s just amazing the woman behind one of them wasn’t named Melania.
As interesting as all that was, the highlight has to be the gag order hearing held at the beginning of the day. Trump’s defense was absolutely blistered in that hearing. The prosecution went into the day asking for a simple $1,000 fine for each of Trump’s violations of the gag order on social media. But the hearing ended with the judge clearly peeved at Trump’s defense, telling lead attorney Todd Blanche that he was losing credibility with the court. Neither Blanche’s claims that Trump was allowed to attack witnesses for political reasons, nor his insistence that Trump was talking about the two tiers of justice in Merchan’s courtroom endeared him to the judge.
Merchan has still not ruled on the gag order, but whatever the official outcome, Trump lost a lot more than $10,000.
And that’s it for today. See you next week!
UPDATE: Tuesday, Apr 23, 2024 · 6:08:15 PM +00:00 · Mark Sumner
Nope. No ruling on the gag order hearing.
Merchan speaks briefly with Trump attorney Emil Bove and everyone departs. That’s it for the day, but don’t be surprised if Merchan issues his ruling at any time.
UPDATE: Tuesday, Apr 23, 2024 · 6:05:26 PM +00:00 · Mark Sumner
In the schedule he laid out for the trial, Merchan is going to devote most Wednesdays to dealing with other cases before his court. This week, Thursday and Friday are out, and next week Monday is a no-trial day. But the trial will continue on Tuesday and should also be held on Thursday and Friday next week.
UPDATE: Tuesday, Apr 23, 2024 · 6:02:33 PM +00:00 · Mark Sumner
Let’s see if Merchan is going to deliver his ruling on the gag order hearing before the lawyers depart.
UPDATE: Tuesday, Apr 23, 2024 · 6:01:29 PM +00:00 · Mark Sumner
And on that cliffhanger … the testimony ends for the day. The jury is being dismissed with instructions to come back on Tuesday, when they should expect a full day of testimony.
UPDATE: Tuesday, Apr 23, 2024 · 5:58:59 PM +00:00 · Mark Sumner
From the beginning, both Cohen and Pecker seemed to realize that McDougal’s story was more serious, and potentially more damaging, than anything else they had handled for Trump.
But then they switched to discussing it using an encoded app.
UPDATE: Tuesday, Apr 23, 2024 · 5:54:29 PM +00:00 · Mark Sumner
Now the questioning has moved to the second of the three cases that prosecutor Matthew Colangelo told the jury they would hear about during opening remarks on Monday.
McDougal is a possible witness later in the trial, so don’t be surprised if this questioning is more substantial.
UPDATE: Tuesday, Apr 23, 2024 · 5:50:48 PM +00:00 · Mark Sumner
Pecker testifies that once he discovered that Dino Sajudin’s story was false, he wanted to release him from the agreement so there would be no ties between the National Enquirer, parent company AMI, and Sajudin if he took the idea somewhere else.
But Cohen told him to keep Sajudin tired to the agreement.
UPDATE: Tuesday, Apr 23, 2024 · 5:44:38 PM +00:00 · Mark Sumner
Why this merited an objection isn’t clear. But apparently, part of the email was redacted.
UPDATE: Tuesday, Apr 23, 2024 · 5:40:52 PM +00:00 · Mark Sumner
Another sidebar as defense objects to the next exhibit. Not sure what this one is.
UPDATE: Tuesday, Apr 23, 2024 · 5:39:32 PM +00:00 · Mark Sumner
Pecker says they investigated and found Sajudin's claims “1000% untrue,” but they went ahead with the payment to be sure no other tabloid ran it. And they tacked on a hefty threat in the form of an amendment to the purchase agreement.
UPDATE: Tuesday, Apr 23, 2024 · 5:34:58 PM +00:00 · Mark Sumner
Let’s hammer this one more time:
To the campaign. The campaign. This isn’t something Trump did before becoming a candidate.
UPDATE: Tuesday, Apr 23, 2024 · 5:32:06 PM +00:00 · Mark Sumner
The Washington Post notes an “awkward” moment when Pecker brought up that the doorman had offered to take a polygraph.
The prosecution moved to cut off Pecker’s testimony just in time to prevent the results of the polygraph from being uttered.
UPDATE: Tuesday, Apr 23, 2024 · 5:28:54 PM +00:00 · Mark Sumner
And again, we get a reminder of the most important point of the day.
This wasn’t about protecting Trump from scandal. It was about protecting Trump’s campaign.
UPDATE: Tuesday, Apr 23, 2024 · 5:26:30 PM +00:00 · Mark Sumner
This is the biggest reason that the prosecution is revisiting this story.
Pecker makes it clear that if this story were true, it would be a big one for them (though maybe not the biggest since the death of Elvis, as Pecker implies). But they put out money not to publish it, but bury it. According to Pecker, this is the first time he agreed to pay for a story that he didn’t intend to publish. He also makes it clear the $30,000 price was on the upper end.
UPDATE: Tuesday, Apr 23, 2024 · 5:20:07 PM +00:00 · Mark Sumner
You have to love a reply of, “It’s absolutely not true, but I’ll check it out.” Everything about Trump and Cohen’s relationship is in that response.
UPDATE: Tuesday, Apr 23, 2024 · 5:18:44 PM +00:00 · Mark Sumner
Allowing this one to stretch out as Pecker lays down the story of Dino.
UPDATE: Tuesday, Apr 23, 2024 · 5:14:40 PM +00:00 · Mark Sumner
Now the questioning is approaching one of the three “catch-and-kill” stories that were expected to dominate Pecker's testimony.
Sajudin peddled it to Pecker, who paid him $30,000.
UPDATE: Tuesday, Apr 23, 2024 · 5:12:15 PM +00:00 · Mark Sumner
Following a prolonged sidebar, the thumb drive of business emails and texts goes into evidence. I don’t know what basis the defense thought would justify keeping it out.
UPDATE: Tuesday, Apr 23, 2024 · 5:10:54 PM +00:00 · Mark Sumner
Merchan reminds attorneys on both sides that he doesn't want them discussing objections in front of the jury. Earlier he had instructed them to limit their objections to just the word “objection.” He may not be that strict, but appears to be upset over the objection raised by Trump attorney Emil Bove.
UPDATE: Tuesday, Apr 23, 2024 · 5:06:32 PM +00:00 · Mark Sumner
The prosecution has agreed to drop the line of questioning involving Bannon. But I certainly hope we get to see what that was all about at some point.
UPDATE: Tuesday, Apr 23, 2024 · 5:05:09 PM +00:00 · Mark Sumner
Blanche passed some kind of note to Trump, who glanced at it and handed it back to Blanche, who then stuck it in his pocket.
These are now the details of our lives.
UPDATE: Tuesday, Apr 23, 2024 · 5:02:31 PM +00:00 · Mark Sumner
Steinglass asks a series of what would seem to be “Duh!” questions, such as whether business emails were part of making business decisions. But again, this is laying the foundation for what he’s going to ask about next.
UPDATE: Tuesday, Apr 23, 2024 · 5:00:57 PM +00:00 · Mark Sumner
The jury is back, Pecker is back on the stand, and we’re underway again.
UPDATE: Tuesday, Apr 23, 2024 · 4:53:26 PM +00:00 · Mark Sumner
This is another “stick a pin in it to remember later” item.
UPDATE: Tuesday, Apr 23, 2024 · 4:51:48 PM +00:00 · Mark Sumner
Pecker has been allowed to take a break. The jury is out of the room.
Trump attorney Todd Blanche reportedly seems happy with whatever is happening in the ongoing discussion with Merchan.
UPDATE: Tuesday, Apr 23, 2024 · 4:48:22 PM +00:00 · Mark Sumner
At The New York Times, Maggie Haberman suggests there could be a connection between the questions about Bannon and the Wikileaks email theft giving Trump’s campaign a bounty of material on Clinton.
For anyone who is still unsure: This is not a “hush money case.”
UPDATE: Tuesday, Apr 23, 2024 · 4:44:43 PM +00:00 · Mark Sumner
Jurors are getting a brief break, which they probably needed. There will be no lunch break today as court continues straight on until 2PM ET.
Meanwhile, attorneys continue to argue over the prosecution’s line of questioning.
UPDATE: Tuesday, Apr 23, 2024 · 4:41:43 PM +00:00 · Mark Sumner
Steinglass asks if Steve Bannon ever pitched a story to Pecker. Trump’s team objects. Merchan sustains. Not sure why the prosecution asked this.
Steinglass tries again. Another objection. Sidebar.
Clearly, there’s something the state wants to develop here. Just as clearly, Trump’s team doesn’t want this brought up. Jurors get sent out of the courtroom.
Ah. Bannon apparently isn’t on the state’s list of potential witnesses, so bringing up something he did might not pass muster. But I still want to know what he did.
Steinglass argues that what Bannon wanted Pecker to do speaks to the idea that this is a conspiracy. Discussion is ongoing.
UPDATE: Tuesday, Apr 23, 2024 · 4:35:02 PM +00:00 · Mark Sumner
The National Enquirer was little more than an extension of the Trump campaign, with Cohen acting as the coordinator.
UPDATE: Tuesday, Apr 23, 2024 · 4:31:09 PM +00:00 · Mark Sumner
The Rubio story also provides an ironic echo of something that was originally about Trump. It seems entirely possible Cohen and Pecker were composing some of these stories about Trump opponents to tar then with exactly the claims that had been made against Trump.
UPDATE: Tuesday, Apr 23, 2024 · 4:28:18 PM +00:00 · Mark Sumner
They are still going through these. The amount of love that National Enquirer gave Trump is hard to fathom, and we haven't even gotten to the anti-Hillary stories yet.
UPDATE: Tuesday, Apr 23, 2024 · 4:23:39 PM +00:00 · Mark Sumner
One of the stories that Pecker and Cohen planted to help Trump seems particularly ironic.
UPDATE: Tuesday, Apr 23, 2024 · 4:21:41 PM +00:00 · Mark Sumner
Some of the negative stories about Ted Cruz, Ben Carson, and others that appeared in the National Enquirer were based on information sent directly from Cohen to Pecker. This was a pipeline of false information that wasn’t about protecting Trump in his personal life, but improving his chances as a candidate.
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UPDATE: Tuesday, Apr 23, 2024 · 4:17:54 PM +00:00 · Mark Sumner
This packet is all glowing headlines about Trump.
Pecker then explains how he would talk to Cohen and get tips on which of Trump’s opponents to attack next. This is not only yellow journalism raised to a high degree (orange journalism?), but again establishes that Cohen was acting as an agent of the Trump campaign in his dealings with Pecker.
UPDATE: Tuesday, Apr 23, 2024 · 4:14:21 PM +00:00 · Mark Sumner
Because that point is so important, Steinglass is going to underline it.
Pecker was doing something that, arguably, ran counter to the best interests of his magazine to help not just Trump, but the Trump campaign.
UPDATE: Tuesday, Apr 23, 2024 · 4:11:53 PM +00:00 · Mark Sumner
Big Note: That the “catch-and-kill” scheme was established to protect Trump during his run for office is a critical part of the prosecution’s case. It establishes that this wasn’t about protecting Donald Trump, wealthy celebrity. It was about protecting Donald Trump, presidential candidate.
It’s what makes this a criminal conspiracy and what makes Trump’s false reporting into a felony.
It’s a big deal.
UPDATE: Tuesday, Apr 23, 2024 · 4:08:34 PM +00:00 · Mark Sumner
Having moved through establishing Pecker’s relationship with Trump, and establishing how Pecker was told to work with Cohen in suppressing stories about Trump, the questioning moves to specific instances. And Pecker is talking up a storm. He says that when women who had been “dating” Trump learned that he was running for public office, “it is very common for these women to call up magazines like the National Enquirer to try to sell their stories.”
That was about to change.
UPDATE: Tuesday, Apr 23, 2024 · 4:03:35 PM +00:00 · Mark Sumner
Pecker says he was specifically looking for women with negative info on Trump because …
Trump was 10 years into his third marriage and Pecker was intercepting stories from women who said they had slept with him. That’s not “most eligible bachelor” territory. That’s more like “most obnoxious sleazeball.”
UPDATE: Tuesday, Apr 23, 2024 · 4:00:54 PM +00:00 · Mark Sumner
Not only does Pecker freely admit that he was creating good news stories for Trump while trying to dirty up his opponents, he also engaged in the “catch-and-kill” process. Specifically, those in which “women selling stories” had negative information about Trump.
UPDATE: Tuesday, Apr 23, 2024 · 3:58:25 PM +00:00 · Mark Sumner
This Trump Tower meeting may turn out to be even more consequential than the one in which Trump’s team met with Russian agents.
Coming out of that meeting, Pecker says he agreed to write positive stories about Trump and negative stories about his opponents.
So far as the National Enquirer was concerned, the fix was in.
UPDATE: Tuesday, Apr 23, 2024 · 3:54:57 PM +00:00 · Mark Sumner
Pecker was there on the infamous day of the golden escalator when Trump announced his candidacy.
UPDATE: Tuesday, Apr 23, 2024 · 3:53:24 PM +00:00 · Mark Sumner
So far, this morning has been mostly establishing connections. Pecker knew Trump, he knew Cohen, he knew Trump’s secretary, he knew Trump’s bodyguard, he knew Hope Hicks. Trump and Pecker had a relationship that spread across years and multiple deals. They did favors for each other and Pecker was very aware of how Trump did business.
This is all laying the foundations.
UPDATE: Tuesday, Apr 23, 2024 · 3:49:48 PM +00:00 · Mark Sumner
Here’s a name I did not know would be making an appearance today: Hope Hicks.
UPDATE: Tuesday, Apr 23, 2024 · 3:48:25 PM +00:00 · Mark Sumner
Steinglass asks Pecker about his meetings with Michael Cohen. Pecker says that his meetings with Cohen also increased once Trump began running for office.
Quite the coincidence.
UPDATE: Tuesday, Apr 23, 2024 · 3:45:43 PM +00:00 · Mark Sumner
Apparently, Trump slipped Pecker advance information on who was going to be fired each week during “The Apprentice” and “The Celebrity Apprentice.” These two had a nice, cozy, sleazy relationship.
UPDATE: Tuesday, Apr 23, 2024 · 3:43:38 PM +00:00 · Mark Sumner
Pecker says that he saw Trump “more frequently” when he began his run for president in 2015, with meetings every couple of weeks.
Now Steinglass moves to asking about how Trump handles his business.
Clearly, these are establishing grounds to show that Trump had direct control over his part of the “catch-and-kill” scheme.
UPDATE: Tuesday, Apr 23, 2024 · 3:37:57 PM +00:00 · Mark Sumner
Questioning today is being handled by senior trial counsel Joshua Steinglass.
Steinglass is taking Pecker through the origins of “The Apprentice” and conversations that he had with Trump.
The New York Times’ live coverage reports that Pecker isn’t coming off as someone out to get Trump, but as “a longtime fan, friend and ally of Trump” which may increase his credibility with the jury.
UPDATE: Tuesday, Apr 23, 2024 · 3:33:48 PM +00:00 · Mark Sumner
Again, there are moments where I’m really looking forward to that official transcript.
UPDATE: Tuesday, Apr 23, 2024 · 3:32:51 PM +00:00 · Mark Sumner
Still going through questions about the connections between Pecker and Trump.
Pecker also says he helped Trump launch something called “Trump Style” magazine. Honestly, among the many Trump Water, Trump Steaks, and Trump Air failures, I didn’t even know that Trump Style was a thing that once existed. Presumably, all the articles were about how to buy extra long ties and mismatched jackets and slacks.
UPDATE: Tuesday, Apr 23, 2024 · 3:29:32 PM +00:00 · Mark Sumner
Pecker gets asked a round of opening questions about his familiarity with Trump and how long the two have known each other. Then everyone gets to witness one of those classic moments from a criminal trial that’s been ingrained from a thousand court movies and tv shows.
UPDATE: Tuesday, Apr 23, 2024 · 3:27:35 PM +00:00 · Mark Sumner
Jury is seated and Pecker is back on the stand. Here we go.
UPDATE: Tuesday, Apr 23, 2024 · 3:25:11 PM +00:00 · Mark Sumner
The attorneys are reviewing new jury instructions.
Lisa Rubin notes that Trump seems to be trying to bait Merchan into taking action, presumably to give Trump an excuse for appeal or to call for a mistrial. But someone should explain to Trump that the defendant being a disrespectful jackass is not grounds for appeal.
UPDATE: Tuesday, Apr 23, 2024 · 3:21:06 PM +00:00 · Mark Sumner
Merchan back on the bench.
UPDATE: Tuesday, Apr 23, 2024 · 3:20:15 PM +00:00 · Mark Sumner
Or the delay could have something to do with this:
Mr. How To Win Friends and Influence People posted that during the break.
UPDATE: Tuesday, Apr 23, 2024 · 3:16:37 PM +00:00 · Mark Sumner
Delay in Merchan’s entry could mean he will rule on Trump’s gag order violations at the beginning of the trial … but it could mean nothing.
UPDATE: Tuesday, Apr 23, 2024 · 3:11:48 PM +00:00 · Mark Sumner
Trump may not have enjoyed his break.
UPDATE: Tuesday, Apr 23, 2024 · 3:08:19 PM +00:00 · Mark Sumner
Blanche and Trump reportedly exchanging whispers as everyone gets settled in. Trump entered the court carrying a sheaf of papers. No idea what that’s about.
UPDATE: Tuesday, Apr 23, 2024 · 3:04:55 PM +00:00 · Mark Sumner
Everyone is filing back into the room. Merchan announces that court will end at 2 PM ET today to allow people to get home for the Passover holiday (Reminder: This is the last day of the trial for this week).
UPDATE: Tuesday, Apr 23, 2024 · 3:01:50 PM +00:00 · Mark Sumner
It’s impossible to exaggerate just how badly the gag order hearing went for both Trump and lead attorney Todd Blanche.
In just a few minutes, Blanche was forced to admit he had no case law to support his position and that he was speculating on the motivation of witnesses. He needled the judge with a statement about “two systems of justice in this courtroom,” and got a warning that he was losing all credibility with the court. And this is the guy Trump is counting on to lead this case over weeks of testimony.
In a lot of ways, any fine resulting from this morning is going to be the very least of the damage. This. Was. Brutal.
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UPDATE: Tuesday, Apr 23, 2024 · 2:51:07 PM +00:00 · Mark Sumner
The contempt hearing is over. Trump stomps out of the courtroom scowling. It’s going to be a short break as the trial resumes, presumably with David Pecker on the stand, in 10 minutes.
UPDATE: Tuesday, Apr 23, 2024 · 2:49:33 PM +00:00 · Mark Sumner
Merchan says he’s going to “reserve decision.” Trial is due to start in 12 minutes, and he appears to be anxious to get the jury in and start the real work of the day.
Considering how this has gone for Blanche, Trump will be lucky to write a $10,000 check and get away with a reminder not to do it again. Merchan may extend the order or make the rules more explicit.
UPDATE: Tuesday, Apr 23, 2024 · 2:46:43 PM +00:00 · Mark Sumner
Backing up a bit to note that Blanche did concede that what Trump posted about liberals trying to sneak onto his jury wasn’t a repost, because Trump retyped and altered the original text.
UPDATE: Tuesday, Apr 23, 2024 · 2:44:38 PM +00:00 · Mark Sumner
It’s not often you get to observe a well-known attorney trash their reputation in real time, but Blanche seems determined.
UPDATE: Tuesday, Apr 23, 2024 · 2:42:31 PM +00:00 · Mark Sumner
New York announced today that it would be providing transcripts of the trial. I’m looking forward to it, just to get this one exactly right.
UPDATE: Tuesday, Apr 23, 2024 · 2:40:36 PM +00:00 · Mark Sumner
Exactly what a lead attorney wants to hear from the judge on Day 2 of a trial that’s expected to run six to eight weeks. Really. Put a frame around this one.
UPDATE: Tuesday, Apr 23, 2024 · 2:39:13 PM +00:00 · Mark Sumner
Honestly, this whole hearing is a lot more fun than expected. At this point, an image of fish in barrels comes to mind.
UPDATE: Tuesday, Apr 23, 2024 · 2:36:44 PM +00:00 · Mark Sumner
Keep in mind that this is the guy arguing for Trump.
UPDATE: Tuesday, Apr 23, 2024 · 2:35:22 PM +00:00 · Mark Sumner
How f-cked is Trump? This f-cked.
UPDATE: Tuesday, Apr 23, 2024 · 2:33:17 PM +00:00 · Mark Sumner
And whoo boy, Blanche decides to just … Go There. This is not, not, not going to fly in any court anywhere.
UPDATE: Tuesday, Apr 23, 2024 · 2:32:07 PM +00:00 · Mark Sumner
Blanche starts to ask Merchan if he’s watched a particular documentary about Stormy Daniels. This does not make the judge happy.
UPDATE: Tuesday, Apr 23, 2024 · 2:29:12 PM +00:00 · Mark Sumner
Yes, it is possible to have Too Much Information on what Trump is doing in the courtroom.
UPDATE: Tuesday, Apr 23, 2024 · 2:27:32 PM +00:00 · Mark Sumner
Merchan takes a machete to Blanche’s argument.
Blanche has no ready answer. Trump reportedly doesn’t look happy.
UPDATE: Tuesday, Apr 23, 2024 · 2:25:21 PM +00:00 · Mark Sumner
Jonah Bromwich at The New York Times tries to decipher Blanche’s defense of Trump’s attacks on witnesses.
Since anything could be justified this way, it’s probably best that no one swallow.
UPDATE: Tuesday, Apr 23, 2024 · 2:21:36 PM +00:00 · Mark Sumner
Merchan seems bemused by this defense.
UPDATE: Tuesday, Apr 23, 2024 · 2:17:27 PM +00:00 · Mark Sumner
Maggie Haberman at The New York Times: “Blanche is arguing that nothing can be seen devoid of political context when it comes to Trump.”
That’s a handy state to be in. Does that mean Trump is free to perjure, lie, and threaten all he wants? (Yes, would probably be Blanche’s reply.)
UPDATE: Tuesday, Apr 23, 2024 · 2:15:06 PM +00:00 · Mark Sumner
Blanche insists that Trump replying to witnesses in the trial isn’t about the trial.
Conroy predicted this is what Blanche would say. During the prosecution’s time, he said that slapping “MAGA” on a post “doesn’t make it political.”
UPDATE: Tuesday, Apr 23, 2024 · 2:13:04 PM +00:00 · Mark Sumner
Blanche is up to defend Trump. As expected, he starts by saying that there has been no violation of the gag order.
UPDATE: Tuesday, Apr 23, 2024 · 2:11:23 PM +00:00 · Mark Sumner
Prosecutors are asked what they are seeking as punishment and suggest Trump wants them to jail him.
UPDATE: Tuesday, Apr 23, 2024 · 2:09:19 PM +00:00 · Mark Sumner
Trump did it. He did it to intimidate jurors. And he knew what he was doing when he did it.
UPDATE: Tuesday, Apr 23, 2024 · 2:08:02 PM +00:00 · Mark Sumner
Merchan certainly knows this answer. This is more in the nature of prompting than it is questioning the prosecution’s statements.
UPDATE: Tuesday, Apr 23, 2024 · 2:06:17 PM +00:00 · Mark Sumner
X seems to be X-ing again. Phew.
UPDATE: Tuesday, Apr 23, 2024 · 2:05:36 PM +00:00 · Mark Sumner
Conroy finishes by talking about the incident with Trump reposting Fox News’ Jesse Waters comment insisting that there were liberal activists attempting to infiltrate the jury pool. That seems like the biggest violation of all, since it was already directly connected to the departure of a juror and may have affected the answers of others.
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UPDATE: Tuesday, Apr 23, 2024 · 2:02:10 PM +00:00 · Mark Sumner
Conroy: “[Trump] has violated this order repeatedly and hasn’t stopped.” … “He did it right here in the hallway outside.”
That Trump will keep on doing it if nothing is done seems like a given. And really, $1,000 a violation won’t be enough to make Trump stop.
UPDATE: Tuesday, Apr 23, 2024 · 1:58:58 PM +00:00 · Mark Sumner
Conroy says he’ll be filing another motion about Trump’s posts later today.
Right now, prosecutors seem to be going for just a $1,000 fine for each violation of the gag order.
UPDATE: Tuesday, Apr 23, 2024 · 1:55:37 PM +00:00 · Mark Sumner
Conroy has been going through Trump’s posts on Truth Social, showing that Trump repeatedly called out potential witnesses as well as family members of Judge Merchan and others.
UPDATE: Tuesday, Apr 23, 2024 · 1:52:12 PM +00:00 · Mark Sumner
Note: X (Twitter) appears to be dead for the moment. I’m drawing on updates at The Washington Post, New York Times, and NBC, but this is definitely limiting the amount of content. Hopefully, Elon will decide to rehire an engineer soon.
UPDATE: Tuesday, Apr 23, 2024 · 1:50:34 PM +00:00 · Mark Sumner
The Washington Post’s live coverage reports that Trump is just staring into space rather than looking at the prosecutors or judge. Or maybe they just propped his eyelids open.
UPDATE: Tuesday, Apr 23, 2024 · 1:45:52 PM +00:00 · Mark Sumner
Everyone is back in court and attorneys are starting to lay out their positions on the gag order.
Prosecutor Chris Conroy says that 10 Trump posts on Truth Social violated the gag order.
UPDATE: Tuesday, Apr 23, 2024 · 1:43:22 PM +00:00 · Mark Sumner
Whatever is being discussed in chambers appears to be unconnected to the gag order hearing. And yeah, everyone finds it interesting to watch Trump try to operate on his own for a few minutes.
UPDATE: Tuesday, Apr 23, 2024 · 1:40:50 PM +00:00 · Mark Sumner
Almost instantly, Trump is left to twiddle his fingers as the attorneys head for Merchan’s chambers.
UPDATE: Tuesday, Apr 23, 2024 · 1:39:42 PM +00:00 · Mark Sumner
Merchan comes in, sits down, and things are underway.
This is the hearing requested by the prosecution to discuss whether Trump’s social media posts, especially those that mentioned potential witnesses, violated the existing gag order and require that Trump be held in contempt.
UPDATE: Tuesday, Apr 23, 2024 · 1:36:25 PM +00:00 · Mark Sumner
If you’ve wondered where the photos of Trump in court come from each day, the press is allowed to take photos in the courtroom before Judge Juan Merchan gavels in the start of the day. That’s why Trump appears relatively alert in the images you see—they’re all taken during the first few minutes.
UPDATE: Tuesday, Apr 23, 2024 · 1:34:04 PM +00:00 · Mark Sumner
Maggie Haberman just now: “Trump enters the courtroom, licking his lips.” I assume that’s not a metaphor, but I don’t know what it means.
Trump’s lead attorney, Todd Blanche, gave the opening statement for the defense. Blanche didn’t try to deny the existence of the “catch-and-kill” scheme, but passed it off as something that celebrities are forced to do in dealing with extortion attempts. Blanche largely focused on the documents central to the 34 charges against Trump, denying that there was anything criminal in Trump’s accounting of his payments and insisting that former Trump attorney Michael Cohen can’t be trusted.
Pecker took the stand briefly on Monday, but his testimony was just beginning when the abbreviated court day was brought to a close. Pecker is expected to return to the stand at 11 AM ET, when the trial resumes.
However, before the trial gets underway on Tuesday, Judge Juan Merchan will conduct a hearing on whether Trump violated his gag order with a series of social media posts. That hearing begins at 9:30 AM ET.
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Prosecutor Matthew Colangelo gave the opening statement for prosecution.
"This case is about a criminal conspiracy,” said Colangelo. “Trump orchestrated a criminal scheme to corrupt the 2016 presidential election. Then he covered up that criminal conspiracy by lying in his New York business records over and over and over again."
Colangelo spoke for about 45 minutes, explaining how the prosecution would show multiple instances in which Trump had used Pecker’s tabloid as part of a “catch-and-kill” scheme, but emphasizing how the business records at the heart of this case were allegedly falsified when Trump was desperate to keep his connections with adult film actress Stormy Daniels hidden in the final days before the 2016 election.
“It was election fraud, pure and simple,” said Colangelo.
UPDATE: Tuesday, Apr 23, 2024 · 6:23:56 PM +00:00 · Mark Sumner
Pecker delivered more substantial testimony today, speaking for nearly two hours and describing the origins of his relationship with Trump. He also clearly described the formation of the “catch-and-kill” scheme as something that was done as part of Trump’s campaign for office. Pecker made clear that the National Enquirer was little less than an extension of that campaign. He didn’t just trap “stories by women” about Trump: Pecker coordinated with the campaign through Cohen to both publish false positive news about Trump and false negative news about Trump’s opponents.
That included publishing a story about a Marco Rubio “love child” and a Ted Cruz porn star affair that mimicked actual stories that Pecker was suppressing about Trump.
The prosecution was moving through how the “catch-and-kill” scheme operated, using the examples of doorman Dino Sajudin and Playboy model Karen McDougal when the day reached a close. But already it's clear that the scheme was closely embedded in the Trump campaign and more directed at preserving Trump’s viability as a candidate than protecting any personal reputation.
Along those lines, Pecker described Trump as an “eligible bachelor” who was “dating” many beautiful women at a time when he had been married to his third wife for a decade. So it seems that Trump had good reason to expect “stories by women.” It’s just amazing the woman behind one of them wasn’t named Melania.
As interesting as all that was, the highlight has to be the gag order hearing held at the beginning of the day. Trump’s defense was absolutely blistered in that hearing. The prosecution went into the day asking for a simple $1,000 fine for each of Trump’s violations of the gag order on social media. But the hearing ended with the judge clearly peeved at Trump’s defense, telling lead attorney Todd Blanche that he was losing credibility with the court. Neither Blanche’s claims that Trump was allowed to attack witnesses for political reasons, nor his insistence that Trump was talking about the two tiers of justice in Merchan’s courtroom endeared him to the judge.
Merchan has still not ruled on the gag order, but whatever the official outcome, Trump lost a lot more than $10,000.
And that’s it for today. See you next week!
UPDATE: Tuesday, Apr 23, 2024 · 6:08:15 PM +00:00 · Mark Sumner
Nope. No ruling on the gag order hearing.
Merchan speaks briefly with Trump attorney Emil Bove and everyone departs. That’s it for the day, but don’t be surprised if Merchan issues his ruling at any time.
UPDATE: Tuesday, Apr 23, 2024 · 6:05:26 PM +00:00 · Mark Sumner
In the schedule he laid out for the trial, Merchan is going to devote most Wednesdays to dealing with other cases before his court. This week, Thursday and Friday are out, and next week Monday is a no-trial day. But the trial will continue on Tuesday and should also be held on Thursday and Friday next week.
UPDATE: Tuesday, Apr 23, 2024 · 6:02:33 PM +00:00 · Mark Sumner
Let’s see if Merchan is going to deliver his ruling on the gag order hearing before the lawyers depart.
UPDATE: Tuesday, Apr 23, 2024 · 6:01:29 PM +00:00 · Mark Sumner
And on that cliffhanger … the testimony ends for the day. The jury is being dismissed with instructions to come back on Tuesday, when they should expect a full day of testimony.
UPDATE: Tuesday, Apr 23, 2024 · 5:58:59 PM +00:00 · Mark Sumner
From the beginning, both Cohen and Pecker seemed to realize that McDougal’s story was more serious, and potentially more damaging, than anything else they had handled for Trump.
But then they switched to discussing it using an encoded app.
UPDATE: Tuesday, Apr 23, 2024 · 5:54:29 PM +00:00 · Mark Sumner
Now the questioning has moved to the second of the three cases that prosecutor Matthew Colangelo told the jury they would hear about during opening remarks on Monday.
McDougal is a possible witness later in the trial, so don’t be surprised if this questioning is more substantial.
UPDATE: Tuesday, Apr 23, 2024 · 5:50:48 PM +00:00 · Mark Sumner
Pecker testifies that once he discovered that Dino Sajudin’s story was false, he wanted to release him from the agreement so there would be no ties between the National Enquirer, parent company AMI, and Sajudin if he took the idea somewhere else.
But Cohen told him to keep Sajudin tired to the agreement.
UPDATE: Tuesday, Apr 23, 2024 · 5:44:38 PM +00:00 · Mark Sumner
Why this merited an objection isn’t clear. But apparently, part of the email was redacted.
UPDATE: Tuesday, Apr 23, 2024 · 5:40:52 PM +00:00 · Mark Sumner
Another sidebar as defense objects to the next exhibit. Not sure what this one is.
UPDATE: Tuesday, Apr 23, 2024 · 5:39:32 PM +00:00 · Mark Sumner
Pecker says they investigated and found Sajudin's claims “1000% untrue,” but they went ahead with the payment to be sure no other tabloid ran it. And they tacked on a hefty threat in the form of an amendment to the purchase agreement.
UPDATE: Tuesday, Apr 23, 2024 · 5:34:58 PM +00:00 · Mark Sumner
Let’s hammer this one more time:
To the campaign. The campaign. This isn’t something Trump did before becoming a candidate.
UPDATE: Tuesday, Apr 23, 2024 · 5:32:06 PM +00:00 · Mark Sumner
The Washington Post notes an “awkward” moment when Pecker brought up that the doorman had offered to take a polygraph.
The prosecution moved to cut off Pecker’s testimony just in time to prevent the results of the polygraph from being uttered.
UPDATE: Tuesday, Apr 23, 2024 · 5:28:54 PM +00:00 · Mark Sumner
And again, we get a reminder of the most important point of the day.
This wasn’t about protecting Trump from scandal. It was about protecting Trump’s campaign.
UPDATE: Tuesday, Apr 23, 2024 · 5:26:30 PM +00:00 · Mark Sumner
This is the biggest reason that the prosecution is revisiting this story.
Pecker makes it clear that if this story were true, it would be a big one for them (though maybe not the biggest since the death of Elvis, as Pecker implies). But they put out money not to publish it, but bury it. According to Pecker, this is the first time he agreed to pay for a story that he didn’t intend to publish. He also makes it clear the $30,000 price was on the upper end.
UPDATE: Tuesday, Apr 23, 2024 · 5:20:07 PM +00:00 · Mark Sumner
You have to love a reply of, “It’s absolutely not true, but I’ll check it out.” Everything about Trump and Cohen’s relationship is in that response.
UPDATE: Tuesday, Apr 23, 2024 · 5:18:44 PM +00:00 · Mark Sumner
Allowing this one to stretch out as Pecker lays down the story of Dino.
UPDATE: Tuesday, Apr 23, 2024 · 5:14:40 PM +00:00 · Mark Sumner
Now the questioning is approaching one of the three “catch-and-kill” stories that were expected to dominate Pecker's testimony.
Sajudin peddled it to Pecker, who paid him $30,000.
UPDATE: Tuesday, Apr 23, 2024 · 5:12:15 PM +00:00 · Mark Sumner
Following a prolonged sidebar, the thumb drive of business emails and texts goes into evidence. I don’t know what basis the defense thought would justify keeping it out.
UPDATE: Tuesday, Apr 23, 2024 · 5:10:54 PM +00:00 · Mark Sumner
Merchan reminds attorneys on both sides that he doesn't want them discussing objections in front of the jury. Earlier he had instructed them to limit their objections to just the word “objection.” He may not be that strict, but appears to be upset over the objection raised by Trump attorney Emil Bove.
UPDATE: Tuesday, Apr 23, 2024 · 5:06:32 PM +00:00 · Mark Sumner
The prosecution has agreed to drop the line of questioning involving Bannon. But I certainly hope we get to see what that was all about at some point.
UPDATE: Tuesday, Apr 23, 2024 · 5:05:09 PM +00:00 · Mark Sumner
Blanche passed some kind of note to Trump, who glanced at it and handed it back to Blanche, who then stuck it in his pocket.
These are now the details of our lives.
UPDATE: Tuesday, Apr 23, 2024 · 5:02:31 PM +00:00 · Mark Sumner
Steinglass asks a series of what would seem to be “Duh!” questions, such as whether business emails were part of making business decisions. But again, this is laying the foundation for what he’s going to ask about next.
UPDATE: Tuesday, Apr 23, 2024 · 5:00:57 PM +00:00 · Mark Sumner
The jury is back, Pecker is back on the stand, and we’re underway again.
UPDATE: Tuesday, Apr 23, 2024 · 4:53:26 PM +00:00 · Mark Sumner
This is another “stick a pin in it to remember later” item.
UPDATE: Tuesday, Apr 23, 2024 · 4:51:48 PM +00:00 · Mark Sumner
Pecker has been allowed to take a break. The jury is out of the room.
Trump attorney Todd Blanche reportedly seems happy with whatever is happening in the ongoing discussion with Merchan.
UPDATE: Tuesday, Apr 23, 2024 · 4:48:22 PM +00:00 · Mark Sumner
At The New York Times, Maggie Haberman suggests there could be a connection between the questions about Bannon and the Wikileaks email theft giving Trump’s campaign a bounty of material on Clinton.
For anyone who is still unsure: This is not a “hush money case.”
UPDATE: Tuesday, Apr 23, 2024 · 4:44:43 PM +00:00 · Mark Sumner
Jurors are getting a brief break, which they probably needed. There will be no lunch break today as court continues straight on until 2PM ET.
Meanwhile, attorneys continue to argue over the prosecution’s line of questioning.
UPDATE: Tuesday, Apr 23, 2024 · 4:41:43 PM +00:00 · Mark Sumner
Steinglass asks if Steve Bannon ever pitched a story to Pecker. Trump’s team objects. Merchan sustains. Not sure why the prosecution asked this.
Steinglass tries again. Another objection. Sidebar.
Clearly, there’s something the state wants to develop here. Just as clearly, Trump’s team doesn’t want this brought up. Jurors get sent out of the courtroom.
Ah. Bannon apparently isn’t on the state’s list of potential witnesses, so bringing up something he did might not pass muster. But I still want to know what he did.
Steinglass argues that what Bannon wanted Pecker to do speaks to the idea that this is a conspiracy. Discussion is ongoing.
UPDATE: Tuesday, Apr 23, 2024 · 4:35:02 PM +00:00 · Mark Sumner
The National Enquirer was little more than an extension of the Trump campaign, with Cohen acting as the coordinator.
UPDATE: Tuesday, Apr 23, 2024 · 4:31:09 PM +00:00 · Mark Sumner
The Rubio story also provides an ironic echo of something that was originally about Trump. It seems entirely possible Cohen and Pecker were composing some of these stories about Trump opponents to tar then with exactly the claims that had been made against Trump.
UPDATE: Tuesday, Apr 23, 2024 · 4:28:18 PM +00:00 · Mark Sumner
They are still going through these. The amount of love that National Enquirer gave Trump is hard to fathom, and we haven't even gotten to the anti-Hillary stories yet.
UPDATE: Tuesday, Apr 23, 2024 · 4:23:39 PM +00:00 · Mark Sumner
One of the stories that Pecker and Cohen planted to help Trump seems particularly ironic.
UPDATE: Tuesday, Apr 23, 2024 · 4:21:41 PM +00:00 · Mark Sumner
Some of the negative stories about Ted Cruz, Ben Carson, and others that appeared in the National Enquirer were based on information sent directly from Cohen to Pecker. This was a pipeline of false information that wasn’t about protecting Trump in his personal life, but improving his chances as a candidate.
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UPDATE: Tuesday, Apr 23, 2024 · 4:17:54 PM +00:00 · Mark Sumner
This packet is all glowing headlines about Trump.
Pecker then explains how he would talk to Cohen and get tips on which of Trump’s opponents to attack next. This is not only yellow journalism raised to a high degree (orange journalism?), but again establishes that Cohen was acting as an agent of the Trump campaign in his dealings with Pecker.
UPDATE: Tuesday, Apr 23, 2024 · 4:14:21 PM +00:00 · Mark Sumner
Because that point is so important, Steinglass is going to underline it.
Pecker was doing something that, arguably, ran counter to the best interests of his magazine to help not just Trump, but the Trump campaign.
UPDATE: Tuesday, Apr 23, 2024 · 4:11:53 PM +00:00 · Mark Sumner
Big Note: That the “catch-and-kill” scheme was established to protect Trump during his run for office is a critical part of the prosecution’s case. It establishes that this wasn’t about protecting Donald Trump, wealthy celebrity. It was about protecting Donald Trump, presidential candidate.
It’s what makes this a criminal conspiracy and what makes Trump’s false reporting into a felony.
It’s a big deal.
UPDATE: Tuesday, Apr 23, 2024 · 4:08:34 PM +00:00 · Mark Sumner
Having moved through establishing Pecker’s relationship with Trump, and establishing how Pecker was told to work with Cohen in suppressing stories about Trump, the questioning moves to specific instances. And Pecker is talking up a storm. He says that when women who had been “dating” Trump learned that he was running for public office, “it is very common for these women to call up magazines like the National Enquirer to try to sell their stories.”
That was about to change.
UPDATE: Tuesday, Apr 23, 2024 · 4:03:35 PM +00:00 · Mark Sumner
Pecker says he was specifically looking for women with negative info on Trump because …
Trump was 10 years into his third marriage and Pecker was intercepting stories from women who said they had slept with him. That’s not “most eligible bachelor” territory. That’s more like “most obnoxious sleazeball.”
UPDATE: Tuesday, Apr 23, 2024 · 4:00:54 PM +00:00 · Mark Sumner
Not only does Pecker freely admit that he was creating good news stories for Trump while trying to dirty up his opponents, he also engaged in the “catch-and-kill” process. Specifically, those in which “women selling stories” had negative information about Trump.
UPDATE: Tuesday, Apr 23, 2024 · 3:58:25 PM +00:00 · Mark Sumner
This Trump Tower meeting may turn out to be even more consequential than the one in which Trump’s team met with Russian agents.
Coming out of that meeting, Pecker says he agreed to write positive stories about Trump and negative stories about his opponents.
So far as the National Enquirer was concerned, the fix was in.
UPDATE: Tuesday, Apr 23, 2024 · 3:54:57 PM +00:00 · Mark Sumner
Pecker was there on the infamous day of the golden escalator when Trump announced his candidacy.
UPDATE: Tuesday, Apr 23, 2024 · 3:53:24 PM +00:00 · Mark Sumner
So far, this morning has been mostly establishing connections. Pecker knew Trump, he knew Cohen, he knew Trump’s secretary, he knew Trump’s bodyguard, he knew Hope Hicks. Trump and Pecker had a relationship that spread across years and multiple deals. They did favors for each other and Pecker was very aware of how Trump did business.
This is all laying the foundations.
UPDATE: Tuesday, Apr 23, 2024 · 3:49:48 PM +00:00 · Mark Sumner
Here’s a name I did not know would be making an appearance today: Hope Hicks.
UPDATE: Tuesday, Apr 23, 2024 · 3:48:25 PM +00:00 · Mark Sumner
Steinglass asks Pecker about his meetings with Michael Cohen. Pecker says that his meetings with Cohen also increased once Trump began running for office.
Quite the coincidence.
UPDATE: Tuesday, Apr 23, 2024 · 3:45:43 PM +00:00 · Mark Sumner
Apparently, Trump slipped Pecker advance information on who was going to be fired each week during “The Apprentice” and “The Celebrity Apprentice.” These two had a nice, cozy, sleazy relationship.
UPDATE: Tuesday, Apr 23, 2024 · 3:43:38 PM +00:00 · Mark Sumner
Pecker says that he saw Trump “more frequently” when he began his run for president in 2015, with meetings every couple of weeks.
Now Steinglass moves to asking about how Trump handles his business.
Clearly, these are establishing grounds to show that Trump had direct control over his part of the “catch-and-kill” scheme.
UPDATE: Tuesday, Apr 23, 2024 · 3:37:57 PM +00:00 · Mark Sumner
Questioning today is being handled by senior trial counsel Joshua Steinglass.
Steinglass is taking Pecker through the origins of “The Apprentice” and conversations that he had with Trump.
The New York Times’ live coverage reports that Pecker isn’t coming off as someone out to get Trump, but as “a longtime fan, friend and ally of Trump” which may increase his credibility with the jury.
UPDATE: Tuesday, Apr 23, 2024 · 3:33:48 PM +00:00 · Mark Sumner
Again, there are moments where I’m really looking forward to that official transcript.
UPDATE: Tuesday, Apr 23, 2024 · 3:32:51 PM +00:00 · Mark Sumner
Still going through questions about the connections between Pecker and Trump.
Pecker also says he helped Trump launch something called “Trump Style” magazine. Honestly, among the many Trump Water, Trump Steaks, and Trump Air failures, I didn’t even know that Trump Style was a thing that once existed. Presumably, all the articles were about how to buy extra long ties and mismatched jackets and slacks.
UPDATE: Tuesday, Apr 23, 2024 · 3:29:32 PM +00:00 · Mark Sumner
Pecker gets asked a round of opening questions about his familiarity with Trump and how long the two have known each other. Then everyone gets to witness one of those classic moments from a criminal trial that’s been ingrained from a thousand court movies and tv shows.
UPDATE: Tuesday, Apr 23, 2024 · 3:27:35 PM +00:00 · Mark Sumner
Jury is seated and Pecker is back on the stand. Here we go.
UPDATE: Tuesday, Apr 23, 2024 · 3:25:11 PM +00:00 · Mark Sumner
The attorneys are reviewing new jury instructions.
Lisa Rubin notes that Trump seems to be trying to bait Merchan into taking action, presumably to give Trump an excuse for appeal or to call for a mistrial. But someone should explain to Trump that the defendant being a disrespectful jackass is not grounds for appeal.
UPDATE: Tuesday, Apr 23, 2024 · 3:21:06 PM +00:00 · Mark Sumner
Merchan back on the bench.
UPDATE: Tuesday, Apr 23, 2024 · 3:20:15 PM +00:00 · Mark Sumner
Or the delay could have something to do with this:
Mr. How To Win Friends and Influence People posted that during the break.
UPDATE: Tuesday, Apr 23, 2024 · 3:16:37 PM +00:00 · Mark Sumner
Delay in Merchan’s entry could mean he will rule on Trump’s gag order violations at the beginning of the trial … but it could mean nothing.
UPDATE: Tuesday, Apr 23, 2024 · 3:11:48 PM +00:00 · Mark Sumner
Trump may not have enjoyed his break.
UPDATE: Tuesday, Apr 23, 2024 · 3:08:19 PM +00:00 · Mark Sumner
Blanche and Trump reportedly exchanging whispers as everyone gets settled in. Trump entered the court carrying a sheaf of papers. No idea what that’s about.
UPDATE: Tuesday, Apr 23, 2024 · 3:04:55 PM +00:00 · Mark Sumner
Everyone is filing back into the room. Merchan announces that court will end at 2 PM ET today to allow people to get home for the Passover holiday (Reminder: This is the last day of the trial for this week).
UPDATE: Tuesday, Apr 23, 2024 · 3:01:50 PM +00:00 · Mark Sumner
It’s impossible to exaggerate just how badly the gag order hearing went for both Trump and lead attorney Todd Blanche.
In just a few minutes, Blanche was forced to admit he had no case law to support his position and that he was speculating on the motivation of witnesses. He needled the judge with a statement about “two systems of justice in this courtroom,” and got a warning that he was losing all credibility with the court. And this is the guy Trump is counting on to lead this case over weeks of testimony.
In a lot of ways, any fine resulting from this morning is going to be the very least of the damage. This. Was. Brutal.
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UPDATE: Tuesday, Apr 23, 2024 · 2:51:07 PM +00:00 · Mark Sumner
The contempt hearing is over. Trump stomps out of the courtroom scowling. It’s going to be a short break as the trial resumes, presumably with David Pecker on the stand, in 10 minutes.
UPDATE: Tuesday, Apr 23, 2024 · 2:49:33 PM +00:00 · Mark Sumner
Merchan says he’s going to “reserve decision.” Trial is due to start in 12 minutes, and he appears to be anxious to get the jury in and start the real work of the day.
Considering how this has gone for Blanche, Trump will be lucky to write a $10,000 check and get away with a reminder not to do it again. Merchan may extend the order or make the rules more explicit.
UPDATE: Tuesday, Apr 23, 2024 · 2:46:43 PM +00:00 · Mark Sumner
Backing up a bit to note that Blanche did concede that what Trump posted about liberals trying to sneak onto his jury wasn’t a repost, because Trump retyped and altered the original text.
UPDATE: Tuesday, Apr 23, 2024 · 2:44:38 PM +00:00 · Mark Sumner
It’s not often you get to observe a well-known attorney trash their reputation in real time, but Blanche seems determined.
UPDATE: Tuesday, Apr 23, 2024 · 2:42:31 PM +00:00 · Mark Sumner
New York announced today that it would be providing transcripts of the trial. I’m looking forward to it, just to get this one exactly right.
UPDATE: Tuesday, Apr 23, 2024 · 2:40:36 PM +00:00 · Mark Sumner
Exactly what a lead attorney wants to hear from the judge on Day 2 of a trial that’s expected to run six to eight weeks. Really. Put a frame around this one.
UPDATE: Tuesday, Apr 23, 2024 · 2:39:13 PM +00:00 · Mark Sumner
Honestly, this whole hearing is a lot more fun than expected. At this point, an image of fish in barrels comes to mind.
UPDATE: Tuesday, Apr 23, 2024 · 2:36:44 PM +00:00 · Mark Sumner
Keep in mind that this is the guy arguing for Trump.
UPDATE: Tuesday, Apr 23, 2024 · 2:35:22 PM +00:00 · Mark Sumner
How f-cked is Trump? This f-cked.
UPDATE: Tuesday, Apr 23, 2024 · 2:33:17 PM +00:00 · Mark Sumner
And whoo boy, Blanche decides to just … Go There. This is not, not, not going to fly in any court anywhere.
UPDATE: Tuesday, Apr 23, 2024 · 2:32:07 PM +00:00 · Mark Sumner
Blanche starts to ask Merchan if he’s watched a particular documentary about Stormy Daniels. This does not make the judge happy.
UPDATE: Tuesday, Apr 23, 2024 · 2:29:12 PM +00:00 · Mark Sumner
Yes, it is possible to have Too Much Information on what Trump is doing in the courtroom.
UPDATE: Tuesday, Apr 23, 2024 · 2:27:32 PM +00:00 · Mark Sumner
Merchan takes a machete to Blanche’s argument.
Blanche has no ready answer. Trump reportedly doesn’t look happy.
UPDATE: Tuesday, Apr 23, 2024 · 2:25:21 PM +00:00 · Mark Sumner
Jonah Bromwich at The New York Times tries to decipher Blanche’s defense of Trump’s attacks on witnesses.
Since anything could be justified this way, it’s probably best that no one swallow.
UPDATE: Tuesday, Apr 23, 2024 · 2:21:36 PM +00:00 · Mark Sumner
Merchan seems bemused by this defense.
UPDATE: Tuesday, Apr 23, 2024 · 2:17:27 PM +00:00 · Mark Sumner
Maggie Haberman at The New York Times: “Blanche is arguing that nothing can be seen devoid of political context when it comes to Trump.”
That’s a handy state to be in. Does that mean Trump is free to perjure, lie, and threaten all he wants? (Yes, would probably be Blanche’s reply.)
UPDATE: Tuesday, Apr 23, 2024 · 2:15:06 PM +00:00 · Mark Sumner
Blanche insists that Trump replying to witnesses in the trial isn’t about the trial.
Conroy predicted this is what Blanche would say. During the prosecution’s time, he said that slapping “MAGA” on a post “doesn’t make it political.”
UPDATE: Tuesday, Apr 23, 2024 · 2:13:04 PM +00:00 · Mark Sumner
Blanche is up to defend Trump. As expected, he starts by saying that there has been no violation of the gag order.
UPDATE: Tuesday, Apr 23, 2024 · 2:11:23 PM +00:00 · Mark Sumner
Prosecutors are asked what they are seeking as punishment and suggest Trump wants them to jail him.
UPDATE: Tuesday, Apr 23, 2024 · 2:09:19 PM +00:00 · Mark Sumner
Trump did it. He did it to intimidate jurors. And he knew what he was doing when he did it.
UPDATE: Tuesday, Apr 23, 2024 · 2:08:02 PM +00:00 · Mark Sumner
Merchan certainly knows this answer. This is more in the nature of prompting than it is questioning the prosecution’s statements.
UPDATE: Tuesday, Apr 23, 2024 · 2:06:17 PM +00:00 · Mark Sumner
X seems to be X-ing again. Phew.
UPDATE: Tuesday, Apr 23, 2024 · 2:05:36 PM +00:00 · Mark Sumner
Conroy finishes by talking about the incident with Trump reposting Fox News’ Jesse Waters comment insisting that there were liberal activists attempting to infiltrate the jury pool. That seems like the biggest violation of all, since it was already directly connected to the departure of a juror and may have affected the answers of others.
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UPDATE: Tuesday, Apr 23, 2024 · 2:02:10 PM +00:00 · Mark Sumner
Conroy: “[Trump] has violated this order repeatedly and hasn’t stopped.” … “He did it right here in the hallway outside.”
That Trump will keep on doing it if nothing is done seems like a given. And really, $1,000 a violation won’t be enough to make Trump stop.
UPDATE: Tuesday, Apr 23, 2024 · 1:58:58 PM +00:00 · Mark Sumner
Conroy says he’ll be filing another motion about Trump’s posts later today.
Right now, prosecutors seem to be going for just a $1,000 fine for each violation of the gag order.
UPDATE: Tuesday, Apr 23, 2024 · 1:55:37 PM +00:00 · Mark Sumner
Conroy has been going through Trump’s posts on Truth Social, showing that Trump repeatedly called out potential witnesses as well as family members of Judge Merchan and others.
UPDATE: Tuesday, Apr 23, 2024 · 1:52:12 PM +00:00 · Mark Sumner
Note: X (Twitter) appears to be dead for the moment. I’m drawing on updates at The Washington Post, New York Times, and NBC, but this is definitely limiting the amount of content. Hopefully, Elon will decide to rehire an engineer soon.
UPDATE: Tuesday, Apr 23, 2024 · 1:50:34 PM +00:00 · Mark Sumner
The Washington Post’s live coverage reports that Trump is just staring into space rather than looking at the prosecutors or judge. Or maybe they just propped his eyelids open.
UPDATE: Tuesday, Apr 23, 2024 · 1:45:52 PM +00:00 · Mark Sumner
Everyone is back in court and attorneys are starting to lay out their positions on the gag order.
Prosecutor Chris Conroy says that 10 Trump posts on Truth Social violated the gag order.
UPDATE: Tuesday, Apr 23, 2024 · 1:43:22 PM +00:00 · Mark Sumner
Whatever is being discussed in chambers appears to be unconnected to the gag order hearing. And yeah, everyone finds it interesting to watch Trump try to operate on his own for a few minutes.
UPDATE: Tuesday, Apr 23, 2024 · 1:40:50 PM +00:00 · Mark Sumner
Almost instantly, Trump is left to twiddle his fingers as the attorneys head for Merchan’s chambers.
UPDATE: Tuesday, Apr 23, 2024 · 1:39:42 PM +00:00 · Mark Sumner
Merchan comes in, sits down, and things are underway.
This is the hearing requested by the prosecution to discuss whether Trump’s social media posts, especially those that mentioned potential witnesses, violated the existing gag order and require that Trump be held in contempt.
UPDATE: Tuesday, Apr 23, 2024 · 1:36:25 PM +00:00 · Mark Sumner
If you’ve wondered where the photos of Trump in court come from each day, the press is allowed to take photos in the courtroom before Judge Juan Merchan gavels in the start of the day. That’s why Trump appears relatively alert in the images you see—they’re all taken during the first few minutes.
UPDATE: Tuesday, Apr 23, 2024 · 1:34:04 PM +00:00 · Mark Sumner
Maggie Haberman just now: “Trump enters the courtroom, licking his lips.” I assume that’s not a metaphor, but I don’t know what it means.
Trump’s lead attorney, Todd Blanche, gave the opening statement for the defense. Blanche didn’t try to deny the existence of the “catch-and-kill” scheme, but passed it off as something that celebrities are forced to do in dealing with extortion attempts. Blanche largely focused on the documents central to the 34 charges against Trump, denying that there was anything criminal in Trump’s accounting of his payments and insisting that former Trump attorney Michael Cohen can’t be trusted.
Pecker took the stand briefly on Monday, but his testimony was just beginning when the abbreviated court day was brought to a close. Pecker is expected to return to the stand at 11 AM ET, when the trial resumes.
However, before the trial gets underway on Tuesday, Judge Juan Merchan will conduct a hearing on whether Trump violated his gag order with a series of social media posts. That hearing begins at 9:30 AM ET.
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