It’s a chilly Friday morning in Manhattan, where Day 4 of Donald Trump’s criminal trial on 34 felony counts for falsification of business records is set to resume. I’m here to cover the trial for @lawfare. Follow this thread for updates ⬇️ 👇
We left off yesterday w/ the cross examination of David Pecker, the former tabloid publisher. You can catch up on Pecker’s testimony in my thread below 🧵. And if you appreciate our minute-to-minute coverage, please consider supporting our work: givebutter.com/c/trumptrials/…
We left off yesterday w/ the cross examination of David Pecker, the former tabloid publisher. You can catch up on Pecker’s testimony in my thread below 🧵. And if you appreciate our minute-to-minute coverage, please consider supporting our work: givebutter.com/c/trumptrials/…
While Pecker is set to retake the stand for cross examination and re-direct, a second witness could be called to testify sometime today. But it's not entirely clear who prosecutors intend to call next. Among the possibilities: Rhona Graff, Trump's former executive assistant; Hope Hicks, former White House Communications director; Karen McDougal, the former Playmate who received a so-called "hush money" payout from Pecker.
Prosecutors must prove beyond a reasonable doubt that Trump falsified business records with an intent commit, aid, or conceal another crime. But what other crime? While we wait for things to get started, I suggest this helpful explainer from @qjurecic on the legal theories underlying charges: lawfaremedia.org/article/charti…
Donald Trump just arrived in court for Day 4 of his trial. And, I have to say, his attire is something of a sartorial plot twist: He's wearing a blue tie. I've been in court with Trump more than a dozen times and I can't recall an occasion when he hasn't opted for a red tie.
"All rise" as Justice Juan Merchan sweeps into the room, and so Day 4 begins. After dealing with some miscellaneous matters, David Pecker is sworn in. He's wearing a grey suit. He's still sporting the walrus-style mustache.
Now the jurors are ushered into the room, and Bove picks up where he left off yesterday, when he tried to elicit testimony regarding Pecker's previous statements--or lack thereof--about Hope Hicks' presence at the 2015 Trump Tower meeting. That line of questioning drew an objection from the prosecution. And Justice Merchan admonished Bove, indicating that he didn't properly refresh Pecker's recollection and that the testimony he elicited as a result might mislead the jurors.
Before the jurors were brought in, Bove apologized to the judge for the confusion yesterday, saying that he would try again, this time by properly laying foundation. And so with Pecker on the stand, Bove begins with his Hope Hicks inquiry.
You testified in federal grand jury proceedings, right? Yes. And you were under oath? Yes. And you recall being asked if you met w/ Donald Trump and Michael Cohen at Trump Tower?-- The latter question elicits an objection, and Merchan instructs Bove to refer to a specific part of the transcript to which he is referring.
Bove complies w/ the court’s instruction and directs Pecker to the transcript in front of him. Presumably, it's a copy of Pecker's 2018 federal grand jury testimony. And during that testimony in August of 2018, you did not make any statements about Hope Hicks? Bove asks. Another objection, which is sustained.
Now Bove decides to move on from Hope Hicks. He wants to talk about the August 2015 Trump Tower meeting, in which Pecker, Cohen, and Trump allegedly hatched a scheme to influence the election through hush money payments and negative media stories about Trump's opponents.