1/54
Good morning from 100 Centre St for DAY 6 (incl jury selection) of Trump’s NY criminal trial. I’ll be live tweeting it all for
@lawfare alongside
@AnnaBower
Follow this thread for updates
2/54
Yesterday, we heard opening statements and testimony from the prosecution’s first witness, David Pecker.
I spoke to
@AnnaBower and Ben Wittes live on Trump’s Trials and Tribulations NY Dispatch.
Watch it here, or listen on the
@lawfare
podcast feed
3/54
We’ll hear from Pecker again, but first, a hearing.
Prosecutors will try to persuade Justice Merchan to hold Trump in contempt of court for alleged violations of a gag order—and impose sanctions if he does.
The initial motion from 4/15 is here:
https://s3.documentcloud.org/docume...in-support-of-motion-for-contempt-filed-1.pdf
4/54
After that initial filing, the prosecution tacked on addition alleged violations in a 4/18 supplemental affirmation to its motion, which you can find here:
https://s3.documentcloud.org/docume...f-in-support-of-motion-for-contempt-filed.pdf
5/54
But enough “substance.”
Here’s what the people really want: Line Fashion.
6/54
The security circus here can make for some unfortunate situations.
For example, I am currently trapped in the men’s restroom with a handful of other reporters until we get the “all clear” to return to the courtroom.
Chalk it up to bad timing.
7/54
In addition to sanctions, the prosecution is also proposing an expansion of both the gag order and the protective order which established an anonymous jury to include "an additional restriction on speech with respect to prospective and sworn jurors."
https://s3.documentcloud.org/docume...f-in-support-of-motion-for-contempt-filed.pdf
8/54
DA argues that the violations were willful (see: Trump's many posts about the gag order) and that Trump "has recent experience in New York courts " re: gag orders. The judge in his recent civil case found him to be in civil contempt (though a different statute is at issue here)
9/54
To clarify, the hearing has not yet started, I'm just recapping the motion.
And here's the link to the
@just_security piece screenshotted above:
10/54
Recall, the allegations will be weighed against the 4/1 order, which clarified and expanded the 3/26 order after Trump publicly attacked Justice Merchan's family member.
And no, unfortunately for Trump, there's no such thing as the April Fool's Defense.
https://s3.documentcloud.org/docume...f-in-support-of-motion-for-contempt-filed.pdf
11/54
9:20 a.m Joshua Steinglass, Susan Hoffinger, and Matthew Colangelo arrive for the prosecution.
12/54
Assistant DA Christopher Conroy is also here unpacking documents at the prosecution table.
13/54
Per the pool, "Trump has yet to emerge in the hallway as of 9:25 am."
14/54
9:29 p.m. Trump walks into the courtroom with his defense team.
It's a red tie today, folks. Make of that what you will.
15/54
For the defense, we have Todd Blanche to Trump's right, Emil Bove to his left, and Susan Necheles to Bove's left, in their usual seats. Pool photographers are snapping pics now.
16/54
9:33 a.m., all rise, Merchan is on the bench, and prosecution and defense make their introductions.
17/54
Steinglass immediately asks to approach.
18/54
Trump, having waived his right to be present at sidebars last week, remains seated at the defense table, alone.
19/54
We're still in sidebar.
Trump sits silently, a slight frown affixed to his face, as he closes his eyes occasionally.
20/54
Per the hallway pool, Trump spoke for four mins outside the courtroom, but he ignored gag order questions.
Sidebar has broken up.
21/54
Merchan reviews the purpose of the hearing—whether we'll find Trump in contempt "for one or all of these alleged violations," Merchan says. "I believe it's the People's burden. I'll hear you."
Conroy distributes documents to the bench.
22/54
"Each of the 10 posts...violate" the gag order, says Conroy.
8 of them were on TruthSocial, 2 of them were on the official campaign website.
These "pose a very real threat to the integrity of judicial proceedings," says Conroy.
23/54
Conroy is now talking about an alleged 11th violation: "For the record, yesterday, here in this building, right outside those doors...the defendant violated the order on camera...He did it right here, in the hallway outside."
He's reading a transcript of Trump's words.
24/54
Conroy says Trump did this all "willfully and flagrantly," and "the Court should now hold him in contempt for each of the ten posts."
Trump keeps closing his eyes periodically as Conroy speaks.
25/54
Conroy working his way through the list of the alleged violations, starting with a repost from Stormy Daniels' former lawyer Michael Avenatti.
Can you make a connection between that post and the stipulations of the gag order? Merchan asks.
26/54
By calling them sleaze bags, by going after their credibility, that’s part of the plan for this trial, it’s the defendant conditioning his followers, says Conroy.
27/54
Conroy makes the point several times about the timing of the post—five days before jury selection.
28/54
With apologies for the silence, Twitter is very glitchy this morning, but hopefully this works.
Conroy is still working his way through the list of allegations, adding context, and drawing explicit connections to the wording of the gag order.
He's discussing Jesse Watters.
29/54
Conroy says the Watters example is a hybrid of something someone else said—"They're catching undercover liberal activists lying to the judge"—with something that Trump added—"in order to get on the Trump jury."
30/54
"The burden here is on us," Conroy says, to prove beyond a reasonable doubt that these violations were made willfully.
"The order is clear," he says, and Trump violated it.
31/54
Twitter seems to be working again (as I knock on the wood of the courtroom pew).
32/54
All of the posts here are made in relation to this criminal proceeding, says Conroy. "We know that from the words...it's just very clear that they relate to this case."
"Throwing MAGA into a post doesn't make it political. It may make it more ominous," he says.
33/54
Conroy says the defense is trying to characterize Trump's posts as political, "and try to morph that into a massive exception to the order," which Merchan should reject.
34/54
There's no indication that Trump's claim that he's responding to attacks is anything more than an after the fact justification, says Conroy.
35/54
"[Trump] says whatever he needs to say to get the results that he wants. It's tortured at best," says Conroy, arguing that the defendant has plenty of leeway to talk about a great many other things.
36/54
Trump was "knowingly and willfully breaching the crystal clear unequivocal lines set by this court in the April 1 order to protect the integrity of this proceeding," says Conroy.
37/54
Now he's addressing Trump's argument for an order carve out for reposts, rather than original posts of his own.
38/54
Conroy says they're "not yet" seeking sanctions of jail time—only fines, ordered removal of the posts, and for the court to issue another warning that this won't be tolerated and that incarceration is an option "should it be necessary."
39/54
Blanche is up now.
"Just to set the record very straight and clear: Pres Trump does in fact know what the gag order allows him to do and not allow him to do."
40/54
There is no dispute that Trump is facing a "barrage of political attacks from all sides, including from" Daniels and Cohen.
Blanche stretches out the phrase "political attacks" for extra emphasis.
41/54
Blanche: "The witnesses themselves can constantly comment on whatever they want...and Trump in theory cannot respond."
42/54
Merchan clarifies the timing of a post from Cohen post, which would proceed Avenatti's post.
"We're gonna take one at a time, otherwise it's going to get really confusing," Merchan says to Blanche. He wants to get the timeline of these posts, reposts, and replies clear.
43/54
Blanche says that the witnesses are making money, documentaries, TV interviews about Trump, all while Trump is gagged and threatened with jail if he responds.
Merchan wants to get into what was actually said rather than interpret and "read between the lines."
44/54
Blanche argues that the mention of the pardon in Cohen's post is what makes it political in nature.
Merchan asks if Blanche has spoken to Avenatti (no), then asks, "How can you infer...what he means?"
45/54
What defense is saying is a) it's political and b) significantly, if he's talking about witnesses it can't have anything to do with these proceedings. Remember why the language in the order exists, says Blanche.
Merchan: "I remember."
Blanche; "I don't want to relive that."
46/54
"You refer to the repeated attacks, yet this first exhibit didn't happen until the day after the matter was brought to the appellate division," Merchan says. It's "not a recent attack, but a series of attacks, can you understand why I'm curious about that?"
47/54
Merchan asks impatiently if we can go onto exhibit 2.
48/54
"This was a response to what specific attack?" Merchan demands. "This is six years old, when [Trump] pulled it out."
The document is six years old, but Trump had posted "Look what was just found"
49/54
Merchan clarifies that he didn't get an answer about what specific attack exhibit 2 was in reference to, but Blanche says it's a response to repeated attacks.
Merchan: "Repeated is not specific. Give me one, give me the most recent one that he was responding to here."
50/54
Merchan is audibly and visibly irritated with Blanche now, as the judge says to him: "I'm asking the questions. I'm going to decide whether your client is in contempt or not...so please don't turn this around."
Merchan mentions that it's almost 10:30, and jurors are waiting.
51/54
On exhibit 3, Merchan asks: "So he's attacking Michael Cohen's credibility, like he was attacking [Stormy Daniel's] credibility?"
Blanche: "It's attacking the people and the system for not presecuting Mr Cohen for lying."
52/54
"There's two systems of justice in this courtroom, is that what you're saying?" asks Merchan.
"That's what his message is your honor," Blanche responds.
53/54
If you can't tell from my live tweets so far, this contempt hearing doesn't seem to be going well for the defense.
54/54
Blanche mentions two potential violations that the DA didn't bring up.
That suggests that somehow the people or the court does not take action on a violation, that the gag order is waived, that's just silly, Merchan says. That doesn't negate the validity of the gag order.
To post tweets in this format, more info here: https://www.thecoli.com/threads/tips-and-tricks-for-posting-the-coli-megathread.984734/post-52211196