Lawrence: Trump lawyers put an uncouth buffoon on the stand to defend an uncouth buffoon

MSNBC
21 May 202418:38

Summary

TLDRThe script discusses the closing moments of Donald Trump's criminal trial, highlighting the lack of a solid defense presented by his high-priced legal team. It criticizes Trump for not spending his own money on his campaign, instead using donations, some of which funded his defense. The script details the courtroom drama involving Trump's lawyer, Robert Costello, who displayed contemptuous behavior towards the judge, leading to a cleared courtroom for a private reprimand. It also notes the judge's scheduling dilemma for final arguments and the prosecution's evidence against Trump for falsifying business records related to his 2016 campaign. The summary ends with the judge's frustration over the defense's repeated attempts to introduce previously ruled-out arguments.

Takeaways

  • 📜 The defense for Donald Trump has rested without presenting any substantial defense, highlighting a lack of evidence to counter the charges against him.
  • 💰 Trump's high-priced defense lawyers are funded by contributions from supporters who were assured by Trump that he would not ask for money during his campaign.
  • 🤷‍♂️ Trump's team failed to provide any evidence during the trial, relying instead on cross-examination tactics that do not constitute as evidence in a criminal case.
  • 🗣️ The judge will instruct the jury that lawyers' questions are not evidence and that only witnesses' answers are to be considered as such.
  • 👨‍💼 The first witness for the defense was a paralegal assistant whose testimony was brief and did not contribute significant information to the case.
  • 🤔 The decision to call Robert Costello as a witness is criticized as a mistake, given his contentious behavior and lack of relevance to the case's criminal charges.
  • 👮‍♂️ There was a dramatic increase in the presence of armed court officers in the courtroom, which could be perceived by the jury but was not explained to them.
  • 🚫 Robert Costello's emails revealed his eagerness to join Trump's team and his strategy to guide Cohen without appearing to follow instructions from Trump or Giuliani.
  • 📧 District Attorney Susan Hoffinger had to read Costello's emails herself due to his inability to do so without adding editorial comments.
  • 👁️ The jury was sent home early for the Memorial Day weekend, with the judge planning to deliver instructions to them after the holiday.
  • 📝 The judge faced a scheduling dilemma regarding the final arguments and jury instructions, which will likely take place after the holiday.

Q & A

  • What was the significance of 10:11 A.M. in the context of the trial?

    -At 10:11 A.M., Donald Trump's criminal defense lawyer Todd Blanche announced that the defense rests, indicating that they were not presenting any further evidence or witnesses in Trump's defense.

  • How was Donald Trump's legal team funded according to the script?

    -The script suggests that Donald Trump's legal team was funded by contributions from people who were misled by Trump's promises that he would never ask for money and that he was wealthy enough to self-fund his campaign.

  • What was the first witness called by Donald Trump's defense team and what was their role?

    -The first witness called by the defense was a young paralegal assistant who had created a spreadsheet of a list of phone calls. Their testimony was brief and did not add substantial evidence to the case.

  • Why was the decision to call Robert Costello as a witness considered a mistake?

    -The decision to call Robert Costello was considered a mistake because his conduct on the witness stand was disrespectful and contemptuous, and his testimony did not contribute to Trump's defense against the charges.

  • What was the issue with Robert Costello's testimony and how did it affect the trial?

    -Robert Costello's testimony was problematic because he could not read his own emails without inserting editorial comments, and his emails revealed a strategy that did not seem to be in the best interest of Michael Cohen, which was brought to light by the prosecution.

  • What was the judge's concern regarding the scheduling of final arguments and jury instructions?

    -The judge was concerned about keeping the final arguments by the defense and prosecution together and not separated by a day or a weekend. He also needed additional time to prepare his legal instructions for the jury.

  • What was the judge's stance on the defense's attempt to introduce the 'advice of counsel' defense?

    -The judge had previously ruled out the 'advice of counsel' defense, stating that the defense team had not met the necessary evidentiary requirements to make that defense and that they were precluded from arguing this legal claim.

  • How did the presence of armed court officers in the courtroom change during the trial?

    -The presence of armed court officers more than doubled during the trial, especially after an incident involving Robert Costello, which was a dramatic demonstration of extra control of the courtroom by the court officers.

  • What was the judge's reaction to the defense's attempt to introduce a new term 'involvement of counsel'?

    -The judge found the argument disingenuous and stated that his ruling had not changed. He informed the defense that the jury would not hear that instruction from the bench, and they were not permitted to make that argument.

  • What is the next step in the trial after the defense rested their case?

    -The next step is for the judge to deliver his instructions to the jury, which will likely happen after the lawyers make their final arguments, and then the jury will begin deliberating on the evidence presented to determine if it amounts to proof beyond a reasonable doubt.

Outlines

00:00

📚 Trump's Defense Rests Without a Case

The script opens with the conclusion of Donald Trump's criminal defense, where his lawyers, funded by contributions from his followers, failed to present any defense for the charges against him. It highlights the irony of Trump's initial campaign promise to self-fund and his subsequent reliance on donations. The defense team's lack of evidence and the brief, inconsequential testimony of a paralegal assistant are underscored. Additionally, the script criticizes the decision to call Robert Costello as a witness, detailing an incident of disrespect towards the judge, which led to an unprecedented clearing of the courtroom for a private reprimand.

05:02

👎 Disastrous Witness Performance and Contempt in the Courtroom

This paragraph delves into Robert Costello's courtroom conduct, which the judge deemed contemptuous. It recounts the judge's warning to Costello and describes the heightened security in the courtroom following Costello's disrespectful behavior. The summary also touches on Costello's aspirations to join Trump's legal team and his connection to Michael Cohen, as revealed through his emails. The paragraph concludes with Costello's exit from the witness stand, having contributed nothing to Trump's defense against the charges of falsifying business records.

10:02

📖 Incriminating Emails and Strategic Missteps

The narrative continues with the cross-examination of Robert Costello, focusing on his emails that suggest a strategic interest in aligning with Trump rather than genuinely assisting Michael Cohen. The summary highlights the prosecution's effective use of Costello's own emails against him, showing his intent to manipulate Cohen without appearing to follow directives from Trump or Giuliani. The paragraph ends with the judge's scheduling decisions and the anticipation of final arguments and jury deliberations.

15:03

🏛 Final Arguments and Legal Strategy Critique

The final paragraph discusses the judge's instructions to the jury and the lawyers' arguments regarding these instructions. It details the judge's frustration with Trump's defense lawyers for attempting to introduce a previously ruled-out legal strategy and their disingenuous attempts to circumvent evidentiary requirements. The summary emphasizes the judge's firm stance against allowing this strategy to be presented to the jury, reflecting the legal team's struggle and the impending deliberation on Trump's criminal charges.

Mindmap

Keywords

💡Defense Rests

The phrase 'defense rests' is a legal term indicating that the defense team in a trial has completed presenting its case and has no further witnesses or evidence to present. In the context of the video, it is used to highlight that Donald Trump's defense team has concluded their arguments without providing a substantial defense against the charges, which is a central theme of the video's critique.

💡High-Priced Lawyers

The term 'high-priced lawyers' refers to legal professionals who charge significant fees for their services. In the video, it is mentioned to emphasize the cost of Donald Trump's defense team, which is contrasted with the claim that these lawyers are paid by people who have been misled into contributing money, thus tying into the broader narrative of deception and misuse of funds.

💡Incorrruptible

The word 'incorruptible' means someone who cannot be bribed or influenced improperly. It is used in the script to describe a claim made by Donald Trump during his campaign, asserting his wealth would make him immune to corruption. This is a key point in the video as it sets up a contradiction between Trump's claims and his actions, particularly regarding campaign funding.

💡Cross-Examination

Cross-examination is a legal process where the opposing counsel questions a witness after their direct examination. The video script notes that the defense's cross-examination questions are not evidence, which is a critical point as it underscores the lack of a concrete defense presented by Trump's legal team.

💡Contemptuous Conduct

Contemptuous conduct refers to behavior that shows a lack of respect or disregard for someone or something, often a figure of authority. In the video, this term is used to describe the actions of Robert Costello, a defense witness, towards the judge, which is a pivotal moment highlighting the inappropriate behavior in the courtroom and its consequences.

💡Criminal Lawyer Robert Costello

Robert Costello is identified as a criminal lawyer in the script. His role is significant as he is called as a witness by Trump's defense team and his conduct on the witness stand is a focal point of the video's critique. His actions and the judge's reaction to them are used to question the competence and strategy of the defense.

💡Spreadsheet

A spreadsheet is a computer application used for data organization and analysis. In the video, a spreadsheet created by a paralegal assistant is mentioned as the sole contribution to the defense case, which is criticized for its lack of substance and relevance to the charges against Trump.

💡Deluded People

The term 'deluded people' is used to describe individuals who are misled or hold false beliefs. In the context of the video, it refers to those who have contributed money to Trump's campaign under false pretenses, which is a key element in the narrative of deception and misuse of funds.

💡Armed Court Officers

Armed court officers are law enforcement personnel who maintain security within a courtroom and are typically armed. The video describes an increase in their presence as a reaction to the events in the courtroom, which serves to emphasize the gravity of the situation and the heightened tension during the trial.

💡Memorial Day Weekend

Memorial Day Weekend is a federal holiday in the United States, traditionally observed on the last Monday of May. In the script, it is mentioned as the reason for the trial's schedule adjustment, indicating a pause in proceedings and setting the timeline for the trial's next steps.

💡Legal Instructions

Legal instructions are the directions given by a judge to guide the jury in their deliberations. The video discusses the judge's intention to provide these instructions after the lawyers' final arguments, which is a critical part of the trial process and a key moment before the jury begins their deliberations.

Highlights

Donald Trump's criminal defense lawyer Todd Blanche declared the defense rests, with no actual defense presented.

Trump's defense lawyers are paid by people who send contributions in response to his requests for money, despite promising not to ask for money.

Trump's campaign was initially funded by loans, which were repaid with contributions from people who believed he wouldn't ask for money.

The defense presented no evidence in Trump's criminal trial, relying only on cross-examination questions which are not evidence.

Judge Merchan will instruct the jury that lawyers' questions are not evidence, and only witness answers are considered evidence.

The first witness for the defense was a paralegal assistant whose testimony added no value to the case.

Robert Costello, a criminal lawyer and friend of Rudy Giuliani, was called as a witness and displayed disrespectful behavior in court.

Costello's emails revealed his eagerness to join Trump's legal team and his connection to Giuliani.

Judge Merchan cleared the courtroom to address Costello's contemptuous conduct privately, an unprecedented action.

Costello's testimony was cut short, and he left the witness stand in disgrace, contributing nothing to Trump's defense.

Judge Merchan faced a scheduling dilemma and decided to send the jury off for the Memorial Day weekend.

The prosecution has presented evidence supporting every element of the crimes Trump faces.

The jury will begin deliberating next week on whether the presented evidence amounts to proof beyond a reasonable doubt.

Judge Merchan aims to keep his instructions to the jury to about an hour or less.

Trump's lawyers attempted to introduce a defense that had been ruled out long ago, frustrating the judge.

Judge Merchan found the defense's changing of terms regarding the legal claim to be disingenuous and refused to allow it.

Transcripts

00:01

MORE IMPORTANT WAY TONIGHT THAN

00:02

BEFORE.

00:03

>> AND IMPORTANT QUESTIONS I AM

00:04

SURE THEY WILL HAVE THOUGHTS ON

00:06

THAT THE JUDGE WILL HAVE TO

00:08

ANSWER IN THE COMING DAYS.

00:09

HAVE A GOOD SHOW.

00:10

>>> WELL, AT 10:11 A.M.

00:13

TODAY DONALD TRUMP'S LEAD

00:14

CRIMINAL DEFENSE LAWYER TODD

00:17

BLANCHE STOOD AND SAID, YOUR

00:21

HONOR, THE DEFENSE RESTS.

00:23

THE TRUTH WAS, THERE WAS NO

00:28

DEFENSE.

00:28

THE TEAM OF HIGH-PRICED TRUMP

00:30

DEFENSE LAWYERS ARE ACTUALLY

00:32

PAID BY THE DELUDED PEOPLE WHO

00:34

SEND IN CONTRIBUTIONS IN

00:35

RESPONSE TO DONALD TRUMP'S

00:37

RELENTLESS BEGGING FOR MONEY

00:38

FROM PEOPLE HE PROMISED HE

00:39

WOULD NEVER ASK FOR MONEY.

00:40

WHEN DONALD TRUMP BEGAN HIS

00:42

FIRST PRESIDENTIAL CAMPAIGN HIS

00:44

MAJOR SELLING POINT TO VOTERS

00:46

WAS HE WAS SO RICH YOU COULD

00:48

PAY FOR HIS OWN CAMPAIGN AND

00:50

THEREFORE WAS INCORRUPTIBLE AND

00:51

WOULD NEVER ASK THEM OR ANYONE

00:52

ELSE FOR MONEY.

00:54

THEN DONALD TRUMP PROCEEDED TO

00:56

NEVER SPEND A PENNY OF HIS OWN

00:57

MONEY ON HIS PRESIDENTIAL

00:58

CAMPAIGN.

00:59

HE LOANED HIS FIRST

01:01

PRESIDENTIAL CAMPAIGN SOME

01:02

MONEY AT THE BEGINNING, BUT OF

01:03

COURSE THE CAMPAIGN PAID HIM

01:05

BACK THROUGH THE DONATIONS OF

01:07

THOSE POOR, DELUDED PEOPLE WHO

01:10

SEND MONEY TO A LIAR WHO

01:12

PROMISED HE WOULD NEVER ASK FOR

01:14

MONEY AND NOW THEIR MONEY HAS

01:17

GONE TO A HIGH-PRICED LEGAL

01:20

TEAM WHO COULD NOT COME UP WITH

01:25

ANY DEFENSE AT ALL IN DONALD

01:27

TRUMP'S FIRST CRIMINAL TRIAL.

01:29

THEY CAME UP WITH CONFLICTING

01:33

DEFENSE THEORIES THAT THEY

01:35

OFFERED IN CROSS-EXAMINATION

01:36

QUESTIONS OF SOME OF THE

01:38

WITNESSES WHO TESTIFIED FOR THE

01:39

PROSECUTION, BUT AN ACTUAL

01:41

DEFENSE IN A CRIMINAL CASE IS

01:44

NOT MEASURED BY QUESTIONS

01:46

DEFENSE LAWYERS ASK IN CROSS-

01:47

EXAMINATION.

01:48

THOSE QUESTIONS ARE NOT

01:50

EVIDENCE.

01:51

NEXT WEEK WHEN JUDGE MERCHAN IS

01:53

INSTRUCTING THE JURY, HE WILL

01:56

TELL THEM THAT LAWYERS

01:58

QUESTIONS ARE NOT EVIDENCE.

02:00

WITNESSES ANSWERS ARE EVIDENCE.

02:02

AND SO THE TRUMP DEFENSE

02:06

PRESENTED NO EVIDENCE.

02:07

NONE.

02:08

IN DEFENSE OF DONALD TRUMP

02:11

AGAINST THE CRIMES HE IS

02:12

CHARGED WITH.

02:13

NONE, NO DEFENSE.

02:15

THE FIRST WITNESS THEY CALLED

02:19

WAS A TECHNICAL WITNESS WHO DID

02:22

NOT ADD ANY EVIDENCE OR

02:23

INFORMATION TO THE CASE

02:25

WHATSOEVER.

02:25

A YOUNG, PARALEGAL ASSISTANT

02:27

WHO WORKS FOR THE TRUMP DEFENSE

02:29

TEAM WHO HAD CREATED A

02:31

SPREADSHEET OF A LIST OF PHONE

02:32

CALLS.

02:33

THAT WAS IT.

02:35

HIS TESTIMONY TOOK ONLY A FEW

02:37

MINUTES AND THE DOCUMENT HE

02:39

CREATED WAS ACCEPTED AS AN

02:41

EXHIBIT IN THE CASE AND THAT

02:42

WAS THAT.

02:43

AND THEN YESTERDAY THE TRUMP

02:45

LAWYERS, POSSIBLY AT THE

02:48

INSISTENCE OF DONALD TRUMP,

02:49

MADE WHAT EVERY FAIR-MINDED

02:51

OBSERVER OF THE TRIAL HAS CALLED

02:55

THE GROTESQUE MISTAKE OF CALLING

03:00

CRIMINAL LAWYER ROBERT COSTELLO,

03:02

WHOSE CHIEF CURRENCY AS A

03:03

CRIMINAL LAWYER, JUDGING BY HIS

03:05

EMAILS EXPOSED IN THIS TRIAL,

03:07

IS THAT HE IS A CLOSE FRIEND OF

03:11

THE DERANGED RUDY GIULIANI.

03:12

RUDY GIULIANI WAS ROBERT

03:13

COSTELLO'S BOSS IN THE 1980S

03:15

WHEN GIULIANI WAS THE MANHATTAN

03:17

U.S. ATTORNEY AND COSTELLO WAS

03:19

A FEDERAL PROSECUTOR WORKING

03:19

FOR GIULIANI.

03:21

HIS TURN UNDER OATH YESTERDAY

03:23

WAS THE WITNESS STAND

03:25

EQUIVALENT OF DRUNK DRIVING.

03:26

AT THIS HOUR LAST NIGHT I READ

03:29

YOU THE FULL TRANSCRIPT OF WHAT

03:31

JUDGE MERCHAN DID WHEN ROBERT

03:33

COSTELLO DECIDED TO VOCALLY

03:36

DISAGREE WITH THE JUDGE'S

03:38

RULING ON OBJECTIONS WHILE HE

03:39

WAS SITTING ON THE WITNESS

03:42

STAND.

03:42

THE TRANSCRIPT ENTRY THAT WE,

03:44

IN THE COURTROOM ALL HEARD,

03:48

SHOWS ROBERT COSTELLO SAYING --

03:51

THE CHOSEN SPELLING BY THE COURT

03:53

REPORTER.

03:54

THAT IS WHAT WE HEARD.

03:58

I COULD HEAR IT IN THE LAST ROW

04:01

OF THE COURTROOM YESTERDAY AND

04:02

NONE OF US IN THE COURTROOM HAD

04:04

EVER SEEN ANYTHING LIKE THAT OR

04:05

HEARD ANYTHING LIKE THAT,

04:07

ESPECIALLY FROM A WITNESS WHO

04:09

IS A LAWYER AND SHOULD KNOW

04:14

BETTER, MUCH BETTER.

04:15

JUDGE MERCHAN WAS SHOCKED.

04:16

HE LEANED FORWARD.

04:17

HE ASKED COSTELLO TO REPEAT

04:19

HIMSELF, TO WHICH COSTELLO

04:21

SAID STRIKE IT, WHICH IS LAWYER

04:23

TALK FOR NEVERMIND WHAT I JUST

04:24

SAID.

04:25

THEN AS WE FOUND OUT LATER THE

04:27

JUDGE SAW COSTELLO CONTINUE TO

04:30

SIGNIFY HIS IRRITATION WITH AND

04:32

DISRESPECT FOR THE JUDGE IN

04:34

WAYS THAT WE COULD NOT QUITE

04:37

SEE FROM THE AUDIENCE AND THE

04:39

JUDGE ORDERED THE COURTROOM

04:40

CLEARED SO HE COULD TALK ABOUT

04:41

IT DIRECTLY TO COSTELLO.

04:43

CLEAR THE COURTROOM.

04:44

WORDS NO ONE IN THAT COURTROOM

04:47

HAD EVER HEARD BEFORE, BEFORE

04:48

THE JUDGE SAID THAT, INCLUDING

04:51

THE COURT OFFICERS.

04:52

THEY HAD NEVER HAD TO DO THAT

04:53

BEFORE.

04:53

WITH EVERYONE OUT OF THE

04:55

COURTROOM WE LEARNED LATER IN

04:56

THE TRANSCRIPT THAT WAS KEPT OF

04:58

WHAT HAPPENED WHEN WE WERE OUT

05:02

OF THE COURTROOM, JUDGE MERCHAN

05:03

SAID TO COSTELLO, SIR, YOUR

05:07

CONDUCT IS CONTEMPTUOUS RIGHT

05:08

NOW.

05:09

I AM PUTTING YOU ON NOTICE THAT

05:10

YOUR CONDUCT IS CONTEMPTUOUS.

05:12

IF YOU TRY TO STEER ME DOWN ONE

05:15

MORE TIME I WILL REMOVE YOU

05:16

FROM THE STAND AND STRIKE THE

05:18

ENTIRE TESTIMONY, DO YOU

05:20

UNDERSTAND ME?

05:22

MR. BOVE, YES JUDGE, I

05:25

UNDERSTAND.

05:26

WHEN HE SAID YES I UNDERSTAND,

05:29

HE AND THE REST OF THE LEGAL

05:31

TEAM ALSO FULLY UNDERSTOOD WHAT

05:33

A CATASTROPHIC MISTAKE IT WAS

05:36

TO PUT AN UNCOUTH BUFFOON ON

05:38

THE WITNESS STAND AS A DEFENSE

05:43

WITNESS FOR AN UNCOUTH BUFFOON.

05:45

AT 9:29 A.M.

05:48

TODAY, ROBERT COSTELLO, THE RED-

05:51

FACED, WHITE-HAIRED 76-YEAR-OLD

05:53

CRIMINAL LAWYER ENTERED THE

05:55

COURTROOM AGAIN TO RESUME CROSS-

05:56

EXAMINATION BY ASSISTANT

05:59

DISTRICT ATTORNEY SUSAN

06:02

HOFFINGER, WHO THE DAY BEFORE

06:04

COSTELLO HAD INSULTED BY

06:05

TELLING HER TO SPEAK INTO THE

06:06

MICROPHONE.

06:07

ORDERING HER TO SPEAK INTO THE

06:09

MICROPHONE, WHEN SHE WAS

06:12

ALREADY SPEAKING INTO THE

06:14

MICROPHONE AND EVERYONE IN THE

06:15

COURTROOM COULD HEAR HER.

06:16

THAT WAS A MOMENT THAT NO DOUBT

06:19

HELPED EXPOSE MORE OF THE UGLY

06:22

ESSENCE OF ROBERT COSTELLO TO

06:24

THE JURY OF SEVEN MEN AND FIVE

06:25

WOMEN.

06:26

WHEN THE JURY ENTERED THE

06:27

COURTROOM THREE MINUTES AFTER

06:28

THE WITNESS THIS MORNING, THE

06:30

COMMUNITY OF THE COURTROOM THAT

06:32

THE JURY HAD COME TO KNOW SO

06:35

WELL HAD CHANGED DRAMATICALLY.

06:37

THE PRESENCE OF ARMED COURT

06:40

OFFICERS WHO HAVE BEEN THE MOST

06:42

COURTEOUS AND HELPFUL GUIDES TO

06:44

ALL OF US, TAKING OUR PLACES IN

06:47

THAT COURTROOM EVERY DAY, HAD

06:52

MORE THAN DOUBLED.

06:53

WHERE THERE USED TO BE ONE

06:55

COURT OFFICER STANDING IN THE

06:56

CENTER AISLE, THERE WERE THREE.

06:58

AT THE BACK OF THE ROOM WHERE

07:00

THERE USED TO BE TWO, THERE

07:01

WERE FOUR.

07:02

THERE WERE MORE HIGH-RANKING

07:03

OFFICERS IN THE ROOM THAN WE

07:04

HAD EVER SEEN AT ONE TIME.

07:05

ONE OF THE COURTS

07:07

ADMINISTRATIVE OFFICIALS WHO

07:08

HAD BEEN ESPECIALLY HELPFUL TO

07:12

MEMBERS OF THE NEWS MEDIA AND

07:15

WHO WAS RARELY IN THE COURTROOM

07:17

WAS NOW STANDING IN THE BACK OF

07:18

THE COURTROOM OBSERVING

07:18

EVERYTHING.

07:19

THIS DRAMATIC DEMONSTRATION OF

07:21

EXTRA CONTROL OF THE COURTROOM

07:24

BY THE COURT OFFICERS WAS

07:27

COMPLETELY LOST ON THE DEFENSE

07:28

LAWYERS AND DEFENDANT AND

07:30

PROSECUTORS, BECAUSE THEY HAD

07:32

THEIR BACKS TO THAT PART OF

07:33

THEIR ROOM.

07:35

THEY WERE FACING FRONT, WHERE

07:38

THEY COULD SEE THE JUDGE AND

07:40

THE WITNESS AND SOME OF THE

07:43

JURY, BUT THE JURY COULD SEE

07:45

EVERYTHING IN THAT ROOM.

07:46

THE JURY COULD LOOK AND SEE AT

07:50

LEAST DOUBLE THE AMOUNT OF

07:54

THOSE FRIENDLY COURT OFFICERS

07:55

WHO THEY HAVE COME TO KNOW.

07:57

MORE THAN DOUBLE OF THOSE COURT

07:59

OFFICERS THAN THEY HAD EVER

08:00

SEEN IN THAT COURTROOM BEFORE

08:01

AND THE JURY COULD NOT KNOW

08:02

WHY.

08:03

THEY HAD BEEN SENT OUT OF THE

08:06

ROOM BY THE JUDGE YESTERDAY THE

08:09

FIRST TIME THE JUDGE DECIDED

08:11

TO, AS HE PUT IT, SPEAK

08:12

DIRECTLY TO ROBERT COSTELLO

08:14

ABOUT WHAT THE JUDGE CALLED THE

08:17

DECORUM IN THE COURTROOM.

08:20

IT WAS ONLY WHEN COSTELLO CONTINUED HIS DISRESPECTFUL

08:23

CONTINUED HIS DISRESPECTFUL

08:24

COURTROOM CONDUCT THAT THE

08:28

JUDGE CLEARED THE COURTROOM OF

08:30

ALL OF THE REST OF US.

08:32

THE REPORTERS, EVERYONE ELSE IN

08:33

THE ROOM, AND THE JUDGE HAD A

08:36

MORE PRIVATE, ONE-ON-ONE WITH

08:40

COSTELLO WHILE THE LAWYERS WERE

08:43

STILL PRESENT.

08:44

THE JURY COULD NOT KNOW THAT

08:45

THIS HUGE, NEW SHOW OF FORCE

08:47

AND CONTROL IN THE COURTROOM

08:48

THIS MORNING WAS ALL BECAUSE OF

08:51

THE CONTEMPTUOUS CONDUCT OF THE

08:55

ONLY WITNESS, DONALD TRUMP'S

08:57

TEAM BROUGHT INTO THAT COURTROOM

09:00

TO OFFER ACTUAL TESTIMONY IN

09:02

THIS CASE.

09:03

AND HIS TESTIMONY HAD

09:06

ABSOLUTELY NOTHING TO DO WITH

09:08

THE CRIMES DONALD TRUMP IS

09:09

CHARGED WITH.

09:10

ROBERT COSTELLO WAS ONE OF THE

09:15

LAWYERS WHO THE PROSECUTION'S

09:17

STAR WITNESS, MICHAEL COHEN,

09:18

CONSULTED AFTER THE FBI

09:19

EXECUTED SEARCH WARRANTS AT HIS

09:21

HOME, THE HOTEL ROOM WHERE HE

09:23

WAS TEMPORARILY LIVING, AND HIS

09:27

OFFICE.

09:28

WHEN MICHAEL COHEN BECAME A

09:29

COOPERATING WITNESS AND THE FBI

09:32

INVESTIGATION, IT EVENTUALLY

09:33

LED TO MICHAEL COHEN PLEADING

09:35

GUILTY TO CRIMES, INCLUDING

09:36

CRIMES INVOLVING THE PAYOFF TO

09:38

STORMY DANIELS, WHICH MICHAEL

09:39

COHEN SAID WAS DONE AT THE

09:42

DIRECTION OF DONALD TRUMP.

09:44

UNDER CROSS-EXAMINATION TODAY

09:45

IT BECAME CLEAR THAT ROBERT

09:48

COSTELLO WAS EAGER TO BECOME

09:50

MICHAEL COHEN'S LAWYER, SO

09:51

EAGER THAT HE WROTE AN EMAIL TO

09:53

HIS SON BOASTING ABOUT HOW HE

09:54

WAS ON THE VERGE OF BECOMING

09:55

THE DEFENSE LAWYER FOR, QUOTE,

10:00

THE PERSONAL ATTORNEY TO DONALD

10:02

J. TRUMP.

10:03

HE TOLD HIS SON, QUOTE, I WILL

10:04

BE ON THE TEAM.

10:06

THE TROUBLE IS, HIS EMAILS

10:08

REVEALED THAT THE TEAM WAS

10:10

BIGGER THAN MICHAEL COHEN.

10:12

IN CROSS-EXAMINATION IT BECAME

10:14

CLEAR THAT MICHAEL COHEN WAS

10:17

NOT ROBERT COSTELLO'S PRIMARY

10:18

INTEREST.

10:19

IT IS CUSTOMARY FOR LAWYERS TO

10:21

ASK WITNESSES TO READ THEIR OWN

10:23

EMAILS ALLOWED AS EVIDENCE.

10:26

ASSISTANT DISTRICT ATTORNEY

10:27

SUSAN HOFFINGER TRIED THAT

10:30

YESTERDAY ON CROSS-EXAMINATION,

10:32

BUT COSTELLO COULD NOT DO IT,

10:34

HE COULD NOT READ HIS OWN

10:35

EMAILS WITHOUT CONSTANTLY

10:36

INSERTING NEW EDITORIAL COMMENT ON HIS OWN EMAILS, SO TODAY

10:41

ON HIS OWN EMAILS, SO TODAY

10:44

SUSAN HOFFINGER READ THE EMAILS

10:48

HERSELF.

10:49

CAN YOU PLEASE BLOW UP THE LAST

10:50

PARAGRAPH, PLEASE, IN YELLOW?

10:52

THEN SHE READ ROBERT COSTELLO'S

10:54

EMAIL TO HIS LAW PARTNER.

10:56

QUOTE, OUR ISSUE IS TO GET

10:58

COHEN ON THE RIGHT PAGE WITHOUT

11:03

GIVING HIM THE APPEARANCE THAT

11:05

WE ARE FOLLOWING INSTRUCTIONS

11:06

FROM GIULIANI OR THE PRESIDENT.

11:08

IN MY OPINION THIS IS THE

11:09

CLEAR, CORRECT STRATEGY.

11:10

THAT IS NOT A STRATEGY TO HELP

11:13

MICHAEL COHEN.

11:14

YESTERDAY WHEN THE DISTRICT

11:18

ATTORNEY ASKED ROBERT COSTELLO

11:20

TO INTERPRET ONE OF HIS EMAILS,

11:22

COSTELLO'S ANSWER WAS THAT THE

11:23

EMAIL, QUOTE, SPEAKS FOR ITSELF.

11:24

AND SO TODAY, AFTER READING

11:26

THAT EMAIL THAT I JUST READ TO

11:29

YOU, DISTRICT ATTORNEY SAID,

11:31

QUESTION, AS YOU SAID YESTERDAY,

11:33

THE EMAIL SPEAKS FOR ITSELF,

11:35

CORRECT?

11:35

ANSWER.

11:38

SOMETIMES.

11:39

AND IT GOT WORSE FOR ROBERT

11:41

COSTELLO.

11:42

DISTRICT ATTORNEY HOFFINGER

11:43

QUOTED ANOTHER EMAIL TO HIS

11:46

PARTNER ABOUT MICHAEL COHEN.

11:47

THIS IS A QUOTE FROM THE EMAIL.

11:50

WHAT SHOULD I SAY?

11:53

HE IS PLAYING WITH THE MOST

11:57

POWERFUL MAN ON THE PLANET.

11:59

NOW THAT EMAIL CERTAINLY SPEAKS

12:02

FOR ITSELF, DOES IT NOT, MR.

12:06

COSTELLO?

12:07

ANSWER, YES IT DOES.

12:08

IT IS CLEAR THAT COSTELLO WAS

12:11

INTERESTED TO BE NOT ON THE

12:14

TEAM OF MICHAEL COHEN, BUT THE

12:19

TEAM OF THE MAN WHO COSTELLO

12:21

THINKS OF AS THE MOST POWERFUL

12:23

MAN ON THE PLANET.

12:25

THE MAN SITTING ACROSS THE ROOM

12:26

FROM ROBERT COSTELLO IN THE

12:27

DEFENDANT'S CHAIR.

12:29

ROBERT COSTELLO LEFT THE

12:31

WITNESS STAND IN DISGRACE AT

12:32

10:11 A.M.

12:33

THIS MORNING AFTER 42 MINUTES

12:34

ON THE WITNESS STAND THIS

12:37

MORNING, ESTABLISHING

12:40

ABSOLUTELY NOTHING.

12:41

FOR DONALD TRUMP'S DEFENSE

12:43

AGAINST THE CRIMINAL CHARGES OF

12:45

FALSIFYING NEW YORK BUSINESS

12:48

RECORDS IN ORDER TO ILLEGALLY

12:50

HELP HIS 2016 PRESIDENTIAL

12:51

CAMPAIGN.

12:53

THE JUDGE THEN EXPLAINED THE

12:56

SCHEDULING DILEMMA HE FACED.

12:57

HE TOLD THE JURY THAT HE LIKES

12:59

TO KEEP THE FINAL ARGUMENTS BY

13:00

THE DEFENSE AND PROSECUTION

13:01

TOGETHER SO THAT THEY ARE NOT

13:03

SEPARATED BY A DAY OR A WEEKEND

13:06

AND THAT HE WOULD NEED

13:08

ADDITIONAL TIME TO PREPARE HIS

13:11

LEGAL INSTRUCTIONS FOR THE

13:13

JURY, SO HE POINTED OUT THAT

13:14

BECAUSE THEY WERE ALREADY

13:15

SCHEDULED NOT TO MEET WEDNESDAY

13:16

OF THIS WEEK, THAT THE EARLIEST

13:18

THEY COULD BEGIN THE LAWYERS

13:20

SUMMATIONS WITHOUT HAVING TO

13:22

BREAK THEM UP WOULD ACTUALLY BE

13:25

SOMETIME MAYBE ON THURSDAY OF

13:27

THIS WEEKEND THAT MIGHT NOT

13:28

ALLOW EVERYTHING TO BE

13:29

COMPLETED BEFORE THE MEMORIAL

13:32

DAY WEEKEND OR HE WOULD SEND

13:35

THE JURY INTO DELIBERATIONS AT

13:36

THE END OF THE DAY ON FRIDAY,

13:38

SO THE BEST WAY FOR THE JUDGE

13:39

TO HANDLE IT, HE DECIDED, WAS

13:40

TO SEND THE JURY OFF TODAY INTO

13:44

WHAT WILL BECOME MEMORIAL DAY

13:47

WEEKEND AND THAT HAPPENED AFTER

13:48

THE LAST WITNESS TODAY WHEN

13:51

COSTELLO LEFT THE WITNESS

13:52

STAND.

13:53

THE JUDGE THEN SPENT THE

13:55

AFTERNOON CONSIDERING ARGUMENTS

13:56

FROM BOTH SIDES ABOUT WHAT

14:01

SHOULD BE INCLUDED IN THE

14:03

JUDGE'S INSTRUCTIONS TO THE

14:05

JURY THAT WILL PROBABLY BE

14:06

DELIVERED NEXT WEDNESDAY, THE

14:07

DAY AFTER THE LAWYERS MAKE

14:08

FINAL ARGUMENTS TO THE JURY ON

14:09

TUESDAY, WHICH WILL OF COURSE

14:10

BE THE DAY AFTER THE HOLIDAY,

14:15

MEMORIAL DAY.

14:16

SO HERE WE ARE.

14:17

THE CASE IS IN.

14:19

THERE WILL BE NO MORE EVIDENCE.

14:22

THE PROSECUTION HAS PRESENTED

14:23

EVIDENCE TO SUPPORT EVERY

14:25

ELEMENT OF THE CRIMES DONALD

14:28

TRUMP FACES IN THE COURTROOM.

14:29

THE JURY OF 12 MANHATTAN

14:30

RESIDENTS WILL BEGIN

14:31

DELIBERATING NEXT WEEK.

14:32

ON THE QUESTION OF WHETHER THE

14:34

EVIDENCE PRESENTED BY THE

14:36

DISTRICT ATTORNEY AMOUNTS TO

14:40

PROOF BEYOND A REASONABLE DOUBT

14:42

THAT DONALD TRUMP COMMITTED

14:43

THOSE CRIMES.

14:44

THERE IS NOTHING ABOUT THE

14:46

JURORS THEMSELVES THAT GIVES

14:49

YOU THE SLIGHTEST HINT ABOUT

14:51

HOW THEY MIGHT BE LEANING IN

14:53

THE CASE OR WHAT EVIDENCE THEY

14:55

THINK IS IMPORTANT, BUT THEY

14:57

ARE ALWAYS VERY ATTENTIVE TO

14:58

EVERYTHING IN THAT ROOM,

15:01

ESPECIALLY JUDGE MERCHAN'S

15:02

INSTRUCTIONS AND THEY WILL

15:06

SURELY BE VERY ATTENTIVE WHEN

15:08

THE JUDGE DELIVERS THE LAST

15:10

WORDS THEY WILL HEAR BEFORE

15:11

THEY BEGIN DELIBERATING IN THIS

15:12

CASE.

15:12

THE JUDGE HAS SAID THAT HE

15:14

HOPES TO KEEP HIS INSTRUCTIONS

15:16

TO ABOUT AN HOUR OR LESS AND

15:18

THIS AFTERNOON IN A HEARING

15:21

WITHOUT THE JURY PRESENT,

15:22

LAWYERS ON BOTH SIDES ARGUED

15:25

ABOUT WHAT THOSE INSTRUCTIONS

15:25

SHOULD BE.

15:28

IT DID NOT GO WELL FOR THE

15:31

TRUMP CRIMINAL DEFENSE LAWYERS.

15:32

THEY BROUGHT UP SOMETHING THAT

15:34

THE JUDGE HAD RULED OUT OF THE

15:36

CASE A VERY LONG TIME AGO.

15:38

LONG BEFORE THE TRIAL BEGAN AND

15:39

THIS WAS FRUSTRATING FOR THE

15:42

JUDGE.

15:42

JUDGE MERCHAN SAID LOOK, THIS

15:44

IS AN ISSUE THAT HAS BEEN GOING

15:48

ON FOR A VERY, VERY LONG TIME.

15:51

I WROTE A DECISION ON THIS AND

15:52

MY DECISION IS DATED FEBRUARY

15:54

7. THAT DECISION DIRECTED THE

15:55

DEFENSE TO PROVIDE NOTICE OF

15:56

DISCLOSURE OF YOUR INTENT TO

15:58

RELY ON THE DEFENSE OF ADVICE

16:03

OF COUNSEL BY MARCH 11, 2024,

16:05

AND TO PRODUCE ALL DISCOVERABLE

16:07

STATEMENTS AND COMMUNICATIONS

16:07

WITHIN HIS POSSESSION AND

16:09

CONTROL BY THE SAME DAY.

16:10

WHAT THAT MEANS IS THE JUDGE

16:12

TOLD THE TRUMP DEFENSE TEAM, IF

16:16

YOU'RE GOING TO USE THE MY

16:18

LAWYER MADE ME DO IT DEFENSE,

16:19

YOU HAVE TO TELL US BEFORE THE

16:21

TRIAL, BECAUSE THERE ARE MANY

16:24

EVIDENTIARY REQUIREMENTS FOR

16:25

MAKING THAT DEFENSE.

16:26

THE DEFENSE WOULD ESSENTIALLY

16:27

BE I JUST FOLLOWED THE ADVICE

16:30

OF MY LAWYER, MICHAEL COHEN.

16:32

THERE ARE TECHNICAL

16:33

REQUIREMENTS FOR MAKING THAT

16:34

LEGAL DEFENSE, WHICH DONALD

16:38

TRUMP'S LAWYERS CHOSE NOT TO DO.

16:41

AND SO WHEN HIS MOUNTING

16:42

FRUSTRATION THIS AFTERNOON THE

16:43

JUDGE SAID, LATER ON, THE

16:46

DEFENSE ON ADVICE OF COUNSEL

16:48

MOVED INTO, MORPHED INTO

16:52

SOMETHING CALLED THE PRESENCE

16:53

OF COUNSEL, WHICH I HAD NEVER

16:55

HEARD OF AND I WAS NOT FAMILIAR

16:57

WITH, BUT I ADDRESSED IT AND

17:00

THE MOTIONS AND AT THAT TIME I

17:02

INDICATED THAT YOU ARE

17:04

PRECLUDED FROM ARGUING THIS

17:05

LEGAL CLAIM OF PRESENCE OF

17:09

COUNSEL.

17:10

THERE WAS NO SUCH THING.

17:11

IT IS JUST A WAY TO GET AROUND

17:14

HAVING TO TURN OVER DOCUMENTS

17:16

RELATED TO THE ADVICE OF

17:16

COUNSEL.

17:17

NOW THIS TERM, PRESENCE OF

17:19

COUNSEL, HAS MORPHED YET AGAIN

17:20

INTO SOMETHING CALLED

17:23

INVOLVEMENT OF COUNSEL.

17:24

MY ANSWER HAS NOT CHANGED AND

17:26

HONESTLY I FIND IT DISINGENUOUS

17:27

FOR YOU TO MAKE THE ARGUMENT AT

17:34

THIS POINT.

17:35

BOVE ATTEMPTS TO GET UP AT THAT

17:37

POINT AND THE JUDGE SAYS,

17:38

PLEASE DON'T GET UP.

17:39

I LET YOU SPEAK, LET ME SPEAK.

17:40

ALL RIGHT.

17:41

IT WAS CONCERNING WHEN THE TERM

17:44

WAS CHANGED TO PRESENCE OF

17:45

COUNSEL.

17:46

I COULDN'T BELIEVE WHEN I SAW

17:48

IT AGAIN, CALLING IT

17:49

INVOLVEMENT OF COUNSEL AND I

17:51

UNDERSTAND THE ARGUMENT THAT

17:52

YOU ARE MAKING.

17:53

I'M TELLING YOU MY RULING IS

17:54

THE JURY WILL NOT HEAR THAT

17:56

INSTRUCTION FROM THE BENCH, NOR

17:58

ARE YOU PERMITTED TO MAKE THAT

18:02

ARGUMENT.

18:03

THE TRUMP LAWYERS CANNOT STOP

18:07

TESTING JUDGE MERCHAN'S

18:09

PATIENTS, BUT IN THE PROCESS

18:10

THEY CAN'T STOP HUMILIATING

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