Former President Donald Trump left Manhattan Criminal Court on Tuesday at the end of the day’s criminal trial in New York City for allegedly covering up hush-money payments.
Charly Triballeau/AFP/Getty Images
hide title
Switch title
Charly Triballeau/AFP/Getty Images
NEW YORK — Lawyers made final arguments Tuesday on former President Donald Trump’s conviction or acquittal on 34 felony counts of falsifying business records, as his historic trial drew to a close.
The 12-member jury, which heard statements from 22 witnesses and argued for more than six hours, is scheduled to begin deliberations on Wednesday. It may take them hours, days or weeks to make a decision. It would take a unanimous jury to convict or acquit Trump.
Trump, who has pleaded not guilty, has frequently called the trial “election interference” for preventing him from running for president and falsely claimed it was a partisan conspiracy against him.
Trump had more of his family in attendance than usual on Tuesday. Donald Jr., Eric and Tiffany’s children were in attendance, as were son-in-law Michael Burrows and daughter-in-law and Republican National Committee co-chair Laura Trump.
As Trump attorney Todd Branch began closing arguments, the Biden-Harris campaign held an event outside the Manhattan courthouse with actor Robert De Niro and U.S. Capitol Police officers Harry Dunn and Michael Fanon Attended the event.
Prosecutors say Trump knew about settlement talks with adult film actor Stormy Daniels to keep her accusations of an extramarital affair from coming to light ahead of the 2016 election and that he directed his former “fixers” Michael Cohen paid her a $130,000 settlement. Prosecutors argued that the forged business records, some marked as “legal retainers,” were Cohen’s written records.
Trump has long argued that he was simply paying his lawyers.
Defense opens with closing arguments, focusing on Michael Cohen
In accordance with New York law, Trump’s defenders made their first round of closing arguments, which lasted more than two hours. Branch focused on the issue of Cohen’s credibility.
Here are four key points from his summary of their defense:
1. Who did not testify?
The defense spent a lot of time pointing out potential witnesses that the jury didn’t hear, particularly Allen Weisselberg, Don Jr. or Eric Trump, who were then high-ranking members of the Trump Organization; Dylan Howard ( Dylan Howard, former editor National Enquirer; Gina Rodriguez, Stormy Daniels’ agent; or Trump bodyguard Keith Schiller.
2. Documents
Branch argued that Trump’s sons signed two checks that constituted part of the felony. He also told the jury that Cohen was the person who issued 11 invoices that constituted Trump’s 11 felony counts.
He insisted that the alleged sham hire was a legitimate offer of services, especially since Cohen claimed to be Trump’s personal attorney.
“You shouldn’t think that the word ‘retention’ is different from the reason for payment — it’s just a word,” Branch said.
3. Cohen’s credibility
Branch sought to cast doubt on various conversations Cohen recalled with Trump, including at the White House, allegedly about a deal to silence Daniels. But the defense also argued that Cohen lied on the witness stand, answering questions to prosecutors in a different way than to the defense.
“Cohen lied to you,” Branch said repeatedly at various points in her speech, emphasizing this point to jurors.
He also took the time to cast doubt on secret recordings of Cohen’s conversations with Trump that allegedly confirmed knowledge of the former president’s payments and settlements. playboy Model Karen McDougall.
4. Electoral impact
Branch reiterated one of the points he made in his opening remarks: It doesn’t matter whether there was a conspiracy to try to influence the election. “Every campaign is a conspiracy to advance a candidacy,” Branch said.
Branch said it’s common for celebrities and candidates to partner with media organizations such as tabloids to promote themselves and their campaigns.
Branch believes that Trump, Cohen and former publisher David Pecker truly believed they could national enquirer Tabloids.
“There is nothing wrong with President Trump wanting positive press coverage,” Branch said. But he added: “The idea that sophisticated people believe that positive coverage in the National Enquirer can influence an election is ridiculous.”
Branch said the tabloid’s influence was far less than what was needed to flip the election.
Prosecutors rebuttal
Prosecutors spent six hours briefing the jury on every part of the case and rebutting the defense’s claims. Prosecutor Josh Stanglas introduced all the evidence to the jury: evidence of the 2006 sexual encounter that Daniels described, saying Cohen knew what happened in that hotel room “and that was the motive.” “This was a display that the defendant did not want the public to see,” Stanglass told the jury during Stormi Daniels’ testimony.
Here are four key takeaways from their closing arguments:
1. A phone call lasting 1 minute and 36 seconds
Prosecutor Josh Stanglass took out his cellphone, set a timer and replayed the call at the center of Cohen’s cross-examination and direct examination from two weeks ago. Cohen testified that in one phone call he discussed the molestation of a teenager with Trump’s bodyguard and in a separate phone call with Trump about payments to Daniels. Trump’s lawyers aimed to discredit Cohen’s memory of that conversation, arguing it would be difficult to raise both issues in such a short period of time.
First, “Hey, Keith, how’s it going?” Stanglass had a mock phone call discussing a teenage prankster harassing Cohen, and then said, “Can I talk to the boss?” Then Stanglass Glass simulated a brief conversation about taking care of “that thing,” along with some small talk.
“It all took 49 seconds,” about half the time of the call in question, Stanglass said, adding that it was just one of 20 calls Cohen made.
2. Effectiveness of witnesses
Stanglass told the jury that in order to acquit Trump, they would have to ignore the testimony of several witnesses — not just Cohen — including former Trump Organization controller Jeffrey McConnell, and other evidence, such as handwritten notes detailing math on bank statements.
Stanglass pointed to the multiple witnesses who have come forward to testify, including current and former employees of Trump’s businesses and administration. He also mentioned witnesses who work for the company that publishes books on Trump’s business philosophy.
Stanglass reread passages from the book that highlighted Trump’s “frugality” and reminded the jury of Pecker’s testimony, in which Trump was also described as frugal.
2. Trump’s business practices
Stanglass again scrutinized the specific checks and invoices involved and how Deborah Tarasoff, the Trump Organization’s head of accounts payable, packaged them together after Trump entered the White House. Send it to Trump.
Prosecutors stressed that even Chief Financial Officer Weisselberg could only approve invoices of no more than $10,000.
“Despite the defendant’s frugality and attention to detail, he did not ask any questions because he already knew the answers,” Stanglass argued, asking the jury not to believe “the false narrative that the defendant was too busy.” is being spent.
Two documents show handwritten notes from Trump’s treasurer and comptroller, clearly laying out the reimbursement plan: 130 times 2 to pay taxes, plus other expenses, plus bonuses, for a total of 42 Ten thousand U.S. dollars. “They are the smoking gun,” Stanglas said.
“They completely refuted the defense claim that these were for legitimate work,” he said, adding, “They are still trying to make the argument that this was for legitimate reservations and I’m almost speechless.”
3. Election concerns
Stanglas focused on what he said was Trump’s concern about how an affair with an adult film star might hurt his 2016 presidential campaign. He argued that Trump himself told Pecker and Cohn to deal with the issue of quelling negative media, particularly allegations against Trump by women before 2016.
Prosecutors say it all started in August 2015 at Trump Tower with national enquirer Publisher, Peck. “Once money starts changing hands, that’s a violation of federal election law,” Stanglas said.
He stressed that Trump was not concerned about his family but the election, and the tabloid deal suggested that was the motivation for the alleged settlement 10 years after the encounter.
“It’s about buying a story that you’re not going to run so that no one else can run it,” Stanglass said, citing Branch’s argument that tabloids often buy stories and then choose not to run them.
Stanglass tied that to Daniels’ payment, reminding jurors of the timing — the agreement to have Daniels sign the nondisclosure agreement was made after the “Access Hollywood” tape was released.
“Stormi Daniels is a man who walks and talks, reminding us that defendants are more than just words,” Stanglass said.
NPR’s Andrea Bernstein contributed to this report.
