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    • Attending the Trump Trial at the New York Criminal CourtsThe Trump trial at the New York Criminal Courts attracted long lines and a touristy atmosphere, with limited seating and only two protesters present.

      The trial of Donald Trump at the New York Criminal Courts began on May 3rd, and the experience of attending the trial was quite an event for those present. The courthouse, which houses various types of courts, saw long lines for the public, press, and pre-cleared individuals. Andrew Weissman, a guest on the podcast, shared his experience of being on the press line and interacting with the public. Notably, there were only two protesters present, which was a stark contrast to the large crowds that might have gathered in the past. The trial itself was being held in an overflow room due to limited seating in the actual courtroom. Despite the lines and crowds, the atmosphere was described as touristy, with some individuals treating attending the trial as a unique experience.

    • A contrast of peaceful protests and an efficient courtroomThe trial of Stormy Daniels' hush money case showcased peaceful protests outside and a well-organized, efficient courtroom inside, with an experienced judge presiding fairly.

      The trial of Stormy Daniels' hush money case against Michael Cohen and Donald Trump was a stark contrast of peaceful protests outside and a well-organized, efficient courtroom inside. The older man with a cross and cowbell was an unusual presence, but the majority of people were tourists taking selfies. And although the courthouse was physically decrepit, the legal system shone through with experienced Judge Marchand presiding quietly and fairly. In the courtroom, Keith Davidson's attorney, Anil Beauvais, did an excellent job during cross-examination, but Todd Blanch, who argued for the gag order, came across as unsure and underprepared. The hearing on the first 10 alleged gag order violations had already taken place, and the judge's calm demeanor and control of the courtroom left a strong impression.

    • Trump Fined for Contempt but No Jail Time for NowTrump was fined for contempt but not jailed for recent violations, with the judge reserving decision on potential incarceration. The judge's main concern is maintaining the integrity of the judicial process.

      Former President Trump was found in contempt of court for nine out of ten alleged gag order violations and fined $1,000 per violation. However, during a hearing on four additional alleged violations, the prosecutors did not request jail time as Trump had not received the warning of potential incarceration at the time of these violations. The judge expressed concern about the potential impact of Trump's comments on witnesses, but defense arguments, such as Trump not specifically attacking a juror, were not successful. The judge reserved decision on this matter and the hearing concluded after running late. The most surprising moment was Trump praising a witness, which the judge did not seem overly concerned about, but acknowledged could still impact potential witnesses. The judge's primary concern was maintaining the integrity of the judicial process and preventing further violations.

    • Attorneys' Confrontational Approach during Trump's TrialTrump's lawyers took a confrontational approach, objecting to every ruling and acting as hostile witnesses during the trial, potentially providing grounds for appeal.

      During the trial of Donald Trump, Todd Blanch, Trump's attorney, took a confrontational approach, speaking mainly to his client and objecting to every ruling. This strategy was evident during Blanch's exchange with the judge, where he agreed with a ruling, causing Trump to appear perturbed. Additionally, Susan Necklace, another attorney involved in the case, asked for a pre-ruling on reposting certain articles, giving the defense potential grounds for appeal. Keith Davidson, who negotiated payments to keep stories from being published for Karen McDougall and Stormy Daniels, acted as a hostile witness during the trial, refusing to prepare for the trial of a former president. During cross-examination, Josh Stenglass forced Davidson to read and explain every email, text, and document, leaving him few opportunities to argue otherwise.

    • Payments to influence election outcomeDuring the 2016 campaign, payments to women weren't just for reputation protection but to impact election results. The National Enquirer initially refused to cooperate, forcing Michael Cohen and Trump to find alternative ways to pay off Stormy Daniels.

      The payments made to women like Stormy Daniels and Karen McDougal during the 2016 presidential campaign were not just about protecting the personal reputations of Donald Trump and his wife Melania. Instead, these payments were part of an effort to influence the election outcome. The National Enquirer, which had previously helped cover up these affairs, was no longer willing to participate in the scheme, leaving Michael Cohen and Donald Trump to figure out a way to pay Stormy Daniels. The timing of the payments was crucial, as it was during the period of maximum leverage for Daniels and her lawyer. The prosecution's strategy in the trial was to corroborate every detail of Michael Cohen's testimony with documentary evidence and to draw attention to his questionable character to make the jurors more likely to believe him despite their reservations.

    • Donald Trump's lack of signature on hush money agreement didn't stop Daniels' caseAlthough Trump didn't sign the hush money agreement, his reimbursements to Cohen could still lead to legal consequences.

      During the trial regarding hush money payments to Stormy Daniels, the lack of Donald Trump's signature on the agreement did not prove fatal to the case. Although he was aware of the agreement and the effort to silence Daniels, his absence of a signature made it harder to prove his knowledge. Michael Cohen, who made the payment, tried to put it off and eventually did it himself. The defense argued that Trump had no involvement and that Cohen acted rogue. However, the problem for the defense is the reimbursements Trump made to Cohen, which, if proven, would end the case, regardless of Trump's signature or knowledge at the time. In a related California litigation, the judge acknowledged that Trump reimbursed Cohen for the payment to Daniels.

    • Lawyer vs. Lawyer: Beauvais vs. DavidsonDuring the Stormy Daniels trial, Beauvais' cross-examination of Davidson focused on his role in the hush money payment and labeled him as an extortionist. However, the defense portrayed them as 'bottom feeders' and distracted from the main issues of falsifying business records.

      During the trial of Stormy Daniels' case against Michael Cohen and Donald Trump, Emile Beauvais, Daniels' lawyer, cross-examined Keith Davidson, Trump's former lawyer, about his role in the hush money payment. Beauvais argued that Davidson's business revolves around extorting celebrities for money. However, Davidson countered that it was just a civil settlement and not extortion. Despite the disagreement, Beauvais' cross-examination could have been more effective in making his points clearer and shorter. The defense tried to appeal to the jury's emotions by portraying Davidson and Daniels as "bottom feeders," but this argument did not directly address the key charges of falsifying business records. The defense could have focused more on refuting the evidence against Trump instead of attacking Davidson's character. Ultimately, the cross-examination was a distraction from the main issues of the trial.

    • Prosecution's strategic decision not to call David PeckerThe prosecution's decision to not call David Pecker, who could have had damaging info, and instead focused on Keith Davidson's testimony about misleading denials highlights the importance of legal nuance and strategy.

      During the trial of Stormy Daniels' case against Michael Cohen and Donald Trump, Keith Davidson's testimony revealed an intriguing strategy by the prosecution. They chose not to call David Pecker, who could potentially have had more damaging information about Trump. Davidson, a lawyer with a history of dealing with both parties, testified that there were two denials about the affair, one stating "no romantic or sexual relationship," and later "no sexual relationship." Davidson's responses during the trial showed that the statements were intentionally misleading, but technically accurate. This highlights the importance of understanding the nuances of language and the law, as well as the strategic decisions made by the prosecution during the trial.

    • Recordings reveal Trump and Cohen's discussions on hush money paymentsNewly released recordings between Michael Cohen, Donald Trump, and David Pecker shed light on the hush money payments to Karen McDougal and Stormy Daniels, with Trump acknowledging the McDougal payment and Cohen expressing doubts about the strategy.

      The recently released recordings between Michael Cohen and Donald Trump and Cohen and David Pecker provide crucial evidence in the ongoing trial. The first recording, between Cohen and Trump, reveals Trump's awareness of the payments to Karen McDougal, adding weight to the argument that he also knew about the payments to Stormy Daniels. Trump's suggestion to use cash as a means to avoid records aligns with the desire for deniability. The second recording, between Cohen and Pecker, shows Cohen expressing doubts about the strategy and Pecker reassuring him that everyone involved advised it was the right move. These recordings could potentially be used by both the prosecution and defense in various ways, with the defense possibly arguing that Cohen was acting on his own accord. Overall, these recordings provide valuable insight into the minds of key players and their involvement in the alleged hush money payments.

    • Michael Cohen's Testimony: Implications for Trump InvestigationsMichael Cohen's testimony implicates key White House officials in hush money cover-ups and raises questions about potential campaign finance violations and gag order violations.

      The recent developments in the Michael Cohen case, specifically his testimony about the Trump Organization's involvement in the hush money payments to Karen McDougal and Stormy Daniels, could be significant for ongoing investigations against former President Donald Trump. Cohen suggested that key White House officials, including Hope Hicks and Sarah Huckabee Sanders, were aware of the payments and helped cover them up. The government may be waiting for their testimonies to determine if these actions constitute a "right move" or a violation of law. Additionally, a recent gag order violation by Trump in a New York case has raised questions about how it might impact his release conditions in other cases, but it's not clear if it would result in new charges. Another intriguing question is what would have happened if the Trump Organization had accurately recorded the payments as "catch and kill" expenses instead of legal fees. In such a scenario, it's unclear if campaign finance laws would have been violated.

    • Secret hush money scheme during 2016 campaignThe Trump org and Cohen concealed a hush money arrangement to prevent damaging info from public, potentially violating election and campaign finance laws, and tax crimes.

      The Trump organization and Michael Cohen engaged in a secret hush money scheme to prevent the release of damaging information during the 2016 presidential campaign. They chose to keep this arrangement hidden from the public and potential regulators to avoid creating a paper trail and potential legal consequences. However, their actions may have still violated New York election law, federal campaign finance laws, and tax crimes. The trial continues to uncover more details about these underlying offenses and the intent to conceal them. To stay informed, listeners can send their questions to Prosecuting Trump at NBCUNI.com or leave a voicemail at 917-342-22934. New episodes will be released twice a week.

    Recent Episodes from Prosecuting Donald Trump

    ‘A Dessert Topping and a Floor Wax’

    ‘A Dessert Topping and a Floor Wax’

    There has been a slew of hearings before Judge Aileen Cannon in the Florida documents case over the past few days, and veteran prosecutors Andrew Weissmann and Mary McCord examine why some of these seem like unnecessary delays. Then, why Manhattan D.A. Alvin Bragg is asking for the limited gag order to continue in New York as Donald Trump awaits sentencing. And lastly, Mary and Andrew game out some scenarios as we hurry up and wait for the Supreme Court to decide on presidential immunity.

    Also, an exciting announcement! On Saturday, September 7th, MSNBC will be hosting a live event in Brooklyn called “MSNBC Live: Democracy 2024”. It will be your chance to hear thought-provoking conversations about the most pressing issues of our time, and to do so in person with some of your favorite MSNBC hosts. You can also take part in a sit-down dinner for an insider’s view of the upcoming election. Visit https://www.msnbc.com/DEMOCRACY2024 to learn more.

    Trigger Avenue

    Trigger Avenue

    This week, MSNBC legal analysts Andrew Weissmann and Mary McCord dive deep into several pending motions, including Jack Smith’s pre-trial motion to modify Trump's conditions of release in the Florida documents case, which would effectively impose a gag order, just under a different legal principle. Plus: Trump’s push to end the post-trial gag order in New York. And what's at issue in the suppression motion also filed in Florida that Judge Cannon will hear next Tuesday. Last up: a preview of Fischer v. United States, a pending Supreme Court case that could have a trickle-down effect on Trump’s DC case.

    Note: Listeners can send questions to: ProsecutingTrumpQuestions@nbcuni.com

    Post-Trial and Pre-Trial

    Post-Trial and Pre-Trial

    Former President Trump awaits his sentencing in New York, but he wants the gag order lifted in the meantime. Is that typical? Veteran prosecutors Andrew Weissmann and Mary McCord break down that motion, and the mechanics of sentencing in the lead up to July 11th. They also highlight Attorney General Merrick Garland’s recent op-ed calling for an end to escalated assaults on our judicial system in the wake of Trump’s verdict in Manhattan. Last up, Andrew and Mary scrutinize Judge Cannon’s schedule revisions for several motions in Florida documents case, and analyze the significance of Georgia racketeering case being stayed pending appeal.

    Further reading: Here is Attorney General Merrick Garland’s OpEd in the Washington Post that Andrew and Mary spoke about: Opinion- Merrick Garland: Unfounded attacks on the Justice Department must end

    Note: Listeners can send questions to: ProsecutingTrumpQuestions@nbcuni.com

    BONUS: Season 2 of “Rachel Maddow Presents: Ultra”

    BONUS: Season 2 of “Rachel Maddow Presents: Ultra”

    As a bonus for listeners, we’re sharing a special preview of the second season of the award-winning original series, “Rachel Maddow Presents: Ultra.” In the chart-topping second season, Rachel Maddow returns to uncover the shocking history of the ultra-right’s reach into American politics. Listen to the entire first episode now, and follow the show to get the whole series: https://link.chtbl.com/rmpust_fdlw. You can also subscribe to MSNBC Premium on Apple Podcasts for early access to every episode the Friday before it drops, and ad-free listening to all episodes of Ultra seasons one and two.

    The Disinformation Campaign

    The Disinformation Campaign

    It’s been less than a week since the jury reached a verdict in Donald Trump’s criminal trial and the political spin on the result is dizzying. MSNBC legal analysts Andrew Weissmann and Mary McCord seek to debunk several claims entered into the public discourse, especially around the Department of Justice being involved in a state case and that the trial was somehow ‘rigged’. They also address some breaking news out of Wisconsin, where Kenneth Chesebro, Jim Troupis and Michael Roman were criminally charged in that state's  fake elector scheme. Then, Andrew and Mary review the latest in Florida after Special Counsel Jack Smith refiled his motion to bar Trump from making statements that endanger law enforcement.

    Note: Listeners can send questions to: ProsecutingTrumpQuestions@nbcuni.com

    BONUS: Witness to History

    BONUS: Witness to History

    In a new special, Andrew Weissmann, Rachel Maddow and our team give an intimate and personal look inside the Trump courtroom. They tell some never-before-heard stories about what it was like to witness, firsthand, some of the most explosive moments of the trial. In addition to Rachel and Andrew, you'll hear from Joy Reid, Lawrence O’Donnell, Chris Hayes, Katie Phang, Lisa Rubin, Yasmin Vossoughian, and Laura Jarrett. Together, they share what it was like to witness history from the Manhattan Criminal Courthouse.

    In Closing

    In Closing

    It’s a historic moment, as the country awaits the jury’s verdict in the first ever criminal trial of a former president. To assess the gravity of what each side needed to convey in summations, MSNBC legal analysts Andrew Weissmann and Mary McCord scrutinize the approach to closing arguments by both the defense and the prosecution. Then, they turn to the latest from the Florida documents case, where Judge Cannon and Special Counsel Jack Smith are at odds. The issue: Donald Trump’s ‘lies’ posted and amplified, concerning the search warrants executed on his Mar-a-Lago estate in 2022.

    "The E-mail Speaks for Itself"

    "The E-mail Speaks for Itself"

    Ahead of Tuesday’s closing arguments in the first ever criminal trial of a former president, MSNBC legal analysts Andrew Weissmann and Mary McCord detail Tuesday’s crushing cross examination of Robert Costello by Susan Hoffinger, and what it means for the defense’s attempt to undermine Michael Cohen’s credibility. Then, what listeners should infer from the charging conference- as this determines what the jury can deliberate on. And big picture: what each side needs to accomplish in their respective closing arguments.

    130,000 Reasons

    130,000 Reasons

    Donald Trump’s defense team rested on Tuesday without calling the former President to the stand. But some crucial points were made before the conclusion of Michael Cohen’s cross examination that veteran prosecutors Andrew Weissmann and Mary McCord explain in depth. They also weigh in on some courtroom tactics that worked and others that didn’t go over well from both the prosecution and the defense. Plus, Andrew and Mary detail some of the gambits used by defense witness Robert Costello that were admonished by Judge Merchan.

    Related Episodes

    Opening Statements

    Opening Statements

    This week, Donald Trump’s New York criminal trial began in earnest with opening statements and testimony from former AMI CEO, David Pecker. MSNBC legal analysts Andrew Weissmann and Mary McCord break down the essence of the openings from both sides and how the statements will illuminate aspects of the trial in the coming weeks. Plus, Judge Merchan admonished the defense in Tuesday morning’s gag order hearing, saying that they were ‘losing all credibility’, but reserving a decision on the issue. For now. And looking ahead, Andrew and Mary weigh in on the questions they hope to hear in Thursday’s oral arguments before the Supreme Court to decide whether Donald Trump’s presidential immunity claim holds water.

    For further reading: here is the article Andrew wrote with his colleague Ryan Goodman in Just Security Questions the Supreme Court Should Ask at Thursday’s Oral Argument on Presidential Immunity

    And a sincere thanks to all our listeners for voting in the Webby Awards! Prosecuting Donald Trump won the 2024 Webby Awards for both the Crime & Justice podcast category and was the Crime & Justice People's Voice winner.

    It's Not About Sex

    It's Not About Sex

    We head into the “eye of the storm” as MSNBC legal analysts Andrew Weissmann and Mary McCord explore the nature of Stormy Daniel’s testimony in depth, and why her credibility is less at issue than that of others who facilitated the hush payments to her. Then, they turn their prosecutorial expertise to understanding why the defense’s mistrial motion was denied by Judge Merchan. And lastly, Andrew and Mary detail what to glean from Judge Cannon’s indefinite postponement of the classified documents trial in Florida.

    How do you Solve a Problem like Michael Cohen?

    How do you Solve a Problem like Michael Cohen?

    A recurring theme in Michael Cohen’s testimony this week was his evolving moral compass. Analyzing the last day of direct examination, veteran prosecutors Andrew Weissmann and Mary McCord draw out some distinctions to be mindful of, and what the intense cross examination from defense attorney Todd Blanche was alluding to. In their estimation, the state will need to address Cohen’s inconsistencies in redirect and closing arguments. Lastly, Andrew and Mary sum up what to expect next week as the trial likely moves to summations.

    130,000 Reasons

    130,000 Reasons

    Donald Trump’s defense team rested on Tuesday without calling the former President to the stand. But some crucial points were made before the conclusion of Michael Cohen’s cross examination that veteran prosecutors Andrew Weissmann and Mary McCord explain in depth. They also weigh in on some courtroom tactics that worked and others that didn’t go over well from both the prosecution and the defense. Plus, Andrew and Mary detail some of the gambits used by defense witness Robert Costello that were admonished by Judge Merchan.

    Exhibits 35 and 36

    Exhibits 35 and 36

    As witness testimony continues today with Stormy Daniels in Donald Trump’s New York criminal trial, jurors also recently heard from former Trump advisor Hope Hicks and longtime Trump Organization controller Jeff McConney. After trading some testimony takeaways, veteran prosecutors Andrew Weissmann and Mary McCord get nerdy on the significance of exhibits 35 and 36. Plus, Judge Merchan gives a sober warning to Mr. Trump as he rules on another gag order violation. And an update on the Florida classified documents case.

    For further reading: Here are exhibits 35 and 36 that Andrew and Mary refer to in this episode.