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thread 1/85
Back from lunch.

Tyler McBrien: Jurors are present and properly seated, and the video feed kicks on.

"Good afternoon," Cohen says a bit bewildered at first, then he regains his composure.
02:06 PM - May 13, 2024
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thread 2/85
Q: What was happening at this time?

A: Continue to delay execution of the documents, execution funding. In this particular case, I used the holiday—Yom Kippur—as a way to delay it, until after the election.

Q: Why then?

A: Because after the election it wouldn't matter.
02:07 PM - May 13, 2024
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thread 3/85
At the time, Cohen says Trump was traveling a lot with his own private plane, though sometimes he was in the office. Cohen spoke to him in person when possible, other times by telephone.
02:08 PM - May 13, 2024
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thread 4/85
https://www.documentcloud.org/documents/24629506-peoples-363-email-from-farro-to-cassin-10132016

Now we see People's 363, and Hoffinger scrolls down to the attachment: the corporate docs for Resolution Consultants, LLC.
02:10 PM - May 13, 2024
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thread 5/85
We scroll back up to the top of the exhibit, the email from Olivia Cassin to Gary Farro: "Need an account opened or ike Cohen immediately. He wants no address on he checks Calling you now to discuss."
02:10 PM - May 13, 2024
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thread 6/85
Q: Were you familiar with the paperwork at First Republic Bank, and had you had other accounts there?

A: Yes. Multiple.

The purpose of Resolution Consultants, LLC, per the DL paperwork: "Cohen provides individuals and businesses advice on strategy, PR, marketing, best practices and procedures"
02:14 PM - May 13, 2024
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thread 7/85
Q: Were the descriptions accurate at the time?

A: No

Q: Why didn't you give true reasons on the paperwork?

A: I'm not sure they would've opened it if it stated "To pay off"—he stops and laughs at himself—"an adult film star for a nondisclosure agreement."
02:15 PM - May 13, 2024
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thread 8/85
Cohen says it "dawned on" him that Resolution Consultants was already the name of a company of a friend of his, who probably wouldn't appreciate the redundancy. So he changed it to: Essential Consultants LLC.
02:16 PM - May 13, 2024
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thread 9/85
We see emails btwn Davidson and Cohen about the delay, and Cohen says he intended to keep delaying at Trump's behest.
02:18 PM - May 13, 2024
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thread 10/85
Finally we see the familiar 10/17/16 email from Davidson that says his client—Daniels—is released from the agreement. Cohen says it meant: "We were losing control over the settlement of this agreement in order to prevent this story from coming out."
02:18 PM - May 13, 2024
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thread 11/85
Texts now, same day, btwn Cohen and Howard
MC: Call me
MC: Well???
[This was obviously incredibly stressful and incredibly important, Cohen adds]
DH: Not taking my calls
MC: You're kidding
MC: Who are you trying to reach
DH: The agent

The agent I knew to be Davidson, says Cohen
02:20 PM - May 13, 2024
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thread 12/85
We see a call log: Cohen called Trump 10/17/16 "in order to advise him of this situation, that bc I didn't forward the funds, she now declared the agreement void, and we would not be in a position to delay post election which is what he wanted me to do." Cohen got his voicemail.
02:22 PM - May 13, 2024
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thread 13/85
Tyler McBrien: Now we see People's 249, texts between Melania Trump and Cohen on 10/18/16:

MT: Good morning Michael, can u pls call DT on his cell. Thanks

MC: Of course.
02:26 PM - May 13, 2024
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thread 14/85
Now that we're approaching the election, the timeline is compressed, and Hoffinger goes day-by-day, sometimes hour-by-hour.

We're still on 10/18/16, when Cohen decided to go on Wolf Blitzer to respond to questions about Trump's behavior with women.
02:27 PM - May 13, 2024
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thread 15/85
Q: Did you steer the conversation as best you could to his presidential policies?
Objection—sustained.
Q: What did you talk about in the interview?
A: I advocated for Mr Trump in the best light possible...I wanted to change the direction of the comments.
02:28 PM - May 13, 2024
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thread 16/85
Q: What if any pressure did you feel to close the Daniels story?

A: With the Daily Mail, they were anxious to sell the story...Trump stated to me that he had spoken to some friends, some individuals, very smart people, that it's $130k, you're a billionaire, just pay it...
02:28 PM - May 13, 2024
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thread 17/85
...there's no reason to delay, just do it, and he told me, "Just do it."

So, Cohen discussed different options with Weisselberg—Cohen had the company all set up, we just need to fund it. We need to do it immediately, Cohen says he told Weisselberg.
02:29 PM - May 13, 2024
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thread 18/85
Cohen and Weisselberg discussed a few options: if I knew anyone who wanted to purchase a golf membership at one of Trump's courses, or if someone was having a wedding or bar mitzvah and wanted to pay it then use it as credit for the event—but each entity had a Trump name attached
02:30 PM - May 13, 2024
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thread 19/85
Q: Did you discuss with Weisselberg whether he could pay it?
Objection—overruled.
A: I did. I said you're the CFO, making seven figures, why don't you pay it. But he said to me he wasn't in a financial position to do it (four grandkids at prep school, etc).
02:31 PM - May 13, 2024
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thread 20/85
"I ultimately said, OK, I'll pay it," Cohen says.

Cohen then says that Weisselberg told him, don't worry about it, we'll make sure you get paid back.
02:31 PM - May 13, 2024
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thread 21/85
Cohen says that he and AW spoke to Trump, expressed to him that Cohen would front the money, "for which he was appreciative. He said 'Good, good,'" and stated to him, you'll ge the money back.

"I was doing everything I could and more in order to protect my boss," Cohen says.
02:32 PM - May 13, 2024
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thread 22/85
Q: For what purpose did he call and leave a voicemail?

A: Regarding the funding, and how this was gonna get done to fund the NDA.

Two days later, 10/25/16 at 7:23pm, this time they spoke for 3m24s. "It had to do with the Stormy Daniels matter," there was "significant urgency."
02:35 PM - May 13, 2024
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thread 23/85
Another log, more calls, but this time between Cohen and Schiller, whom Cohen called on 10/25/16 to speak to Trump, "to discuss the Stormy Daniels matter and the resolution of it," Cohen says, taking off his reading glasses.
02:36 PM - May 13, 2024
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thread 24/85
Q: What was the plan for funding Essential Consultants account to transfer money to Davidson?

A: I had a home equity line of credit on my apartment, and that account was paperless. I elected to use money bc my wife as the CEO of the household, would not understand if there was...
02:38 PM - May 13, 2024
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thread 25/85
...$130k missing from the joint bank account. She would ask me, and I clearly could not tell her, which would've been a problem for me.

Makes sense—he used a home equity loan to avoid domestic discord.
02:38 PM - May 13, 2024
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thread 26/85
Cohen says he told Pecker and Howard in a call that further delaying payment "will be catastrophic to the campaign—this will further isolate women from the candidate," and figured why not ask Pecker to pay.

Q: What'd he say?

A: Not a chance. (a few laughs from the press)
02:40 PM - May 13, 2024
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thread 27/85
We now see screenshots of text messages "on the encrypted app, Signal" btwn Pecker and Cohen, as well as call logs.

They may have been encrypted, but we're sure as hell seeing them now in public court.
02:42 PM - May 13, 2024
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thread 28/85
When asked why there were so many calls in quick succession between Cohen and Pecker, Cohen replies:

"Signal is terrible with keeping phone calls, they drop all the time." The press laughs a bit more loudly now.
02:43 PM - May 13, 2024
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thread 29/85
Now back to another call log (AT&T, not Signal), calls between Cohen and Davidson—many calls in quick succession again, but these were all intentional: in order to keep resolving the Stormy Daniels matter.
02:43 PM - May 13, 2024
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thread 30/85
Back to the 10/25/16 call from Cohen to Weisselberg for 3m24s, now we get the substance, from Cohen:

"In order to discuss the finalization of the funding—the particulars regarding the execution of the nondisclosure."
02:44 PM - May 13, 2024
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thread 31/85
Q: Would you have made that payment to Stormy Daniels without getting a sign off from Mr Trump?

A: No.

Q: Why?

A: Because everything required a sign off from Mr Trump—but on top of that, I wanted the money back.

🐦‍⬛
02:47 PM - May 13, 2024
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thread 32/85
Tyler McBrien: We dive back into documents, now a Know Your Customer form from First Republic Bank, purpose stated that: Michael Cohen is opening EC LLC as a real estate consulting company to collect fees for investment consultanting [sic] work he does for real estate deals
02:51 PM - May 13, 2024
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thread 33/85
(they're going over several exhibits)

Tyler McBrien: W/r/t People's 168, Cohen says that the purpose of the email was that Pecker (via his proxy Howard) wanted to ensure Mr Trump knew (via Trump's proxy Cohen) how much time they invested to make this happen for Trump's benefit.
02:57 PM - May 13, 2024
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thread 34/85
Q: On 10/27/16, did you wire $130k payment to Davidson?
A: To his attorney-client trust account yes.
Q: What's the stated purpose on the wire?
A: Retainer
Q: Was that truthful?
A: No ma'am. It was in order to pay Stormy Daniels to execute the NDA and to obtain the story.
02:58 PM - May 13, 2024
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thread 35/85
After the wire, Cohen says that he received the final signed NDA and side letter agreement, with the same general terms sketched out.

Cohen says he let Trump know immediately for two reasons: 1) let him know it's done and 2) to take credit for myself—because this was important.
03:01 PM - May 13, 2024
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thread 36/85
We see the NDA, and it's pseudonyms all the way down: above DD (for David Dennison aka Trump) we see the intials EC (for Essential Consultants aka Michael Cohen).
03:05 PM - May 13, 2024
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thread 37/85
You spoke to Trump about finalizing this agreement? Hoffinger asks, as she pulls up another call log—zeroing in on a call from Cohen to Trump on 10/28/16 (the same day Cohen signed the NDA and side letter agreement) at 11:48 a.m. for 5m16s to tell him it was all finalized.
03:07 PM - May 13, 2024
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thread 38/85
Cohen says he heard the WSJ article was coming out, and that Daniels may be mentioned. Cohen contacted Davidson, Hope Hicks, and Pecker. Why? "So that we can all coalesce around this issue in an attempt to quell the potential effects that would result from an article like this."
03:09 PM - May 13, 2024
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thread 39/85
More call logs, calls between Cohen and Hicks, which Cohen says were to get their hands around the situation.

"Because it was days before the election," he adds.
03:10 PM - May 13, 2024
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thread 40/85
Hoffinger displays People's 318—an email btwn Hicks and Cohen, a draft statement on the WSJ article.

Cohen reads it aloud into the record.
03:12 PM - May 13, 2024
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thread 41/85
Q: Was she sending you several different options for the campaign to spin regarding this article, and looking for your advice?

A: Yes

Cohen says he reviewed the four options, and offered his own (the top email of the exhibit).
03:14 PM - May 13, 2024
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thread 42/85
11/4/16 Calls between Davidson and Cohen were 99% about McDougal, and an angry Cohen wanted to impart: "That she was also under control. That nobody is going rogue here."

As he says that, "control," we get a flash of the old Cohen, Cohen the enforcer, Cohen the fixer.
03:15 PM - May 13, 2024
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thread 43/85
To Howard, Cohen says he said "in a rather angry manner that [McDougal] is now part of your team, so you need to get ahold of this and start issuing denials.
03:18 PM - May 13, 2024
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thread 44/85
Re: the 11/4/16 phone call between Cohen and Trump:

Q: Was Trump angry, did he express why?

A: Yes, because there was a negative story that could impact the campaign, as a result of women.

👺
03:20 PM - May 13, 2024
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thread 45/85
we're on a recess
03:23 PM - May 13, 2024
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thread 46/85
we're back from break

We left off on the day after the WSJ article came out, and Cohen's texts with Hope Hicks: People's 259 11/5/16
MC: So far I see only 6 stories.
MC: Getting little to no traction
HH: Same
HH: Keep praying!! It's working!
03:40 PM - May 13, 2024
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thread 47/85
MC to HH 11/5/16: Even CNN not talking about it. No one believes it and if necessary, I have a statement by Storm [sic] denying everything and contradicting hte other porn stars statement. I wouldn't use it now or even discuss with him as no one is talking about this or cares!
03:41 PM - May 13, 2024
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thread 48/85
More texts between MC and HH, about David Pecker's cell, after which Hicks said "The [spoke]. All good!" meaning, Cohen says, Trump spoke with Pecker.

No further details speculated by Cohen.
03:42 PM - May 13, 2024
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thread 49/85
Q: A few days later, did Mr Trump win the election?
A: Yes
Q: After he won, was there going to be a continuing role for you in the Trump Org?
A: No, because my service would no longer be necessary, bc I was special counsel to Trump, and he was now president-elect.
03:43 PM - May 13, 2024
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thread 50/85
Q: Were there some discussions about potential roles for you in the WH?
A: Yes, Reince Priebus offered Cohen a role as assistant general counsel (which Cohen rejected).
Q: Did anyone offer you chief of staff?
A: No
03:45 PM - May 13, 2024
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thread 51/85
Q: Were you disappointed for not being offered chief of staff?

A: Yes. I didn't want the role, I didn't believe it was right for me, I didn't even believe I was competent to be chief of staff, I just wanted my name to be considered—it was more about my ego than anything.
03:45 PM - May 13, 2024
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thread 52/85
Cohen says he instead pitched the title "personal attorney to the president," because "he would need it bc there were still outstanding matters we were dealing with, and every president has a personal attorney." It was to "continue to protect him."
03:46 PM - May 13, 2024
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thread 53/85
I also had another thought in mind, which was: consulting. Because it offered him the opportunity to stay in New York "with my son, my daughter, my wife. None of them wanted to go to DC."
03:47 PM - May 13, 2024
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thread 54/85
Cohen says he made a "formal pitch" about the personal attorney role with the aid of an attorney, and they "sat with the president-elect at the time for about an hour," and went through the importance of having a personal attorney for his protection, and why Cohen fit that role.
03:50 PM - May 13, 2024
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thread 55/85
https://www.documentcloud.org/documents/24631022-peoples-258-cohen-samantha-texts-cp-0001-11122016-1...

Hoffinger shows Cohen Peoples 258, texts between Cohen and his daughter, about the position and the fact that he was not being considered for chief of staff.
03:51 PM - May 13, 2024
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thread 56/85
Cohen sums up the texts: My daughter and I are very close, we're very much connected, and she was concerned that I was upset about not getting the role, but I explained to her there are so many opportunities.
03:52 PM - May 13, 2024
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thread 57/85
When she asked whether those opportunities would be in government, Cohen says he explained to his daughter that it would be "hybrid," and that, "I'd still be able to monetize my relationship and my ability with these various companies"

Eventually, Cohen got the role he wanted.
03:53 PM - May 13, 2024
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thread 58/85
Q: Was it customary for employees to get an end of year bonus?
A: It was for me.
Q: How would you find out what your bonus would be?
A: After Trump left for MAL for the year, Rhona would walk around with a Christmas card signed by Trump and others, and in it would be a check.
03:54 PM - May 13, 2024
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thread 59/85
Q: And in Dec 2016, how did you find out?
A: Same way, Rhona and the Christmas card, and Trump had already taken flight for Florida.
Q: How did you feel about your bonus then?
A: Angry—beyond angry.
Q: Why
A: Cut my bonus by two-thirds.
Q: Had he reimbursed you yet?
A: No...
03:56 PM - May 13, 2024
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thread 60/85
"I was truly insulted, personally hurt by it, didn't understand it, made no sense, after all I had gone through in terms of the campaign as well as things in the Trump Org and laying out $130, to protect him. It was insulting that the gratitude shown back to me was to cut bonus."
03:57 PM - May 13, 2024
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thread 61/85
goes to W office

In Weisselberg's office, Cohen says he told him, "You didn't lay out the money. I did. And the best you get for showing loyalty, for extending yourself as I did, is to have your bonsu cut by 2/3? I didn't expect more, but I certainly didn't expect less."
03:58 PM - May 13, 2024
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thread 62/85
Cohen says Weisselberg said take it easy, go and take your vacation, relax, you know we're going to make this right, we'll take care of you, that kinda thing.

Cohen thinks his anger impacted Weisselberg.
03:59 PM - May 13, 2024
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thread 63/85
"I was, even for myself, unusually angry," Cohen says, winning some chuckles from the press in the overflow room.

After a mostly even-keeled testimony all day, his emotion, his deep hurt and betrayal, all these years later, is still very apparent.
03:59 PM - May 13, 2024
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thread 64/85
Q: Did you go away with your family on holiday? (Yes) Did Trump call you on vacation?

A: Yes, he said hope you're enjoying your holiday, don't worry about that other thing, I'm going to take care of it when we get back. (which Cohen understood to be the 2/3 diminution of bonus)
04:00 PM - May 13, 2024
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thread 65/85
Now post-holiday, a meeting Jan 2017 btwn Cohen and Weisselberg in which Cohen asked about the reimbursement: "He said to me, let's sit down, let's do it" and asked Cohen to bring him a copy of the statement showing the $130k transfer from First Republic Bank.
04:01 PM - May 13, 2024
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thread 66/85
Cohen walks us through People's 35—the bank statement and handwritten notes.

Q: Whose handwriting is bottom-right?

A: Mine.

Q: Bottom-left?

A: Weisselberg's.
04:05 PM - May 13, 2024
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thread 67/85
Q: What did Weisselberg tell you to do in terms of totaling monies owed to Red Finch and what you paid out to Daniels' lawyer?

A: He told me to add up the 130 with the 50 to Red Finch, total it to 180, then he told me what he was going to do—"gross it up"...
04:08 PM - May 13, 2024
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thread 68/85
...because I was taking it as income, and in order to get back the 180, you needed "double it for tax purposes."

Q: Did he tell you he wanted to gross up that number from 180 to 360, and why?

A: Yes, bc otherwise you wouldn't get back your 180, it would be obviously less.
04:09 PM - May 13, 2024
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thread 69/85
Q: For Trump Org, did you ever pay out expenses for business trip, things like that?

Yes, Cohen says, but those were usually 1 for 1, not grossed up, but that it was Weisselberg's suggestion that he should take this as income, not as a reimbursement.
04:10 PM - May 13, 2024
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thread 70/85
(Cohen also explains the $50k to Red Finch for services from two years prior—Trump had decided not to pay Red Finch the money they were owed "because he didn't feel that he had gotten the benefit of what he wanted which dealt with the ranking.")
04:10 PM - May 13, 2024
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thread 71/85
So, Cohen says he ended up paying out money to Red Finch himself—Cohen had known the CEO of Red Finch and expressed to him that this wasn't fair.
04:11 PM - May 13, 2024
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thread 72/85
Cohen says he paid the money himself because he still needed Red Finch for other things.

While not related to the hush-money payments, this is still a fascinating look into the constant juggling act that Cohen the fixer had to perform.
04:12 PM - May 13, 2024
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thread 73/85
It seems that while juggling, Cohen still had a free hand to skim off the top. Though he got $50k for Red Finch, he says he ended up keeping some for himself—not all went to Red Finch.
04:12 PM - May 13, 2024
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thread 74/85
So that's the 360k, Cohen explains, plus 60k for the additional bonus, et voilà, the magic number of $420,000, all there in Weisselberg's chicken scratch.

He's not a CPA, he's been Trump's CFO for well over 4 decades, Cohen says of Weisselberg.
04:13 PM - May 13, 2024
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thread 75/85
Q: Where did you go with Weisselberg after this meeting
A: We went to Mr Trump's office to speak to him about this (right before Trump left for the inauguration)
Q: What happened then?
A: During the conversation Allen said to me, what we're going to do is pay you over 12 months
04:15 PM - May 13, 2024
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Helen
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thread 76/85
Cohen says all this happened—a discussion about paying Cohen's $420k out over 12 months—in Trump's office, with Trump, and Weisselberg had the bank statement with his handwritten notes in hand.

"He approved it," Cohen says.
04:17 PM - May 13, 2024
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thread 77/85
After Trump approved the payments, Cohen says Trump said: "This is gonna be one heck of a ride in DC."

---

(for us, you turnip)
04:19 PM - May 13, 2024
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thread 78/85
Either in this meeting, or shortly after, Cohen says Trump offered the personal attorney position.

Q: Was the $420k payment for future legal services?
A: That was what it was designed to be.
Q: But what was it actually?
A: Reimbursement of the Stormy Daniels' payment, the bonus and Red Finch money.
04:20 PM - May 13, 2024
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thread 79/85
In People's 250, Cohen spills the beans in a text to Gene Freidman (Yellow Cab medallion operator): Thank you. I leave tomorrow for D.C. And just between us, I will be personal counsel to Pres Trump
04:21 PM - May 13, 2024
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thread 80/85
But the very next day, 1/18/17, Cohen announced his new role to the world on the Sean Hannity Show.

In People's 251, immediately post-Hannity, Steve Denari congratulates Cohen via text for his new role as "Trump's personal counsel (consigliere)"

*queue The Godfather theme*
04:24 PM - May 13, 2024
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thread 81/85
Re: payment, Cohen says Weisselberg told him it would start in Feb and to "just mark down legal services rendered, pursuant to the agreement, and we'll get you a check out"

Q: Did you talk to Trump about compensation for legal work you would do for him in his new role?

A: No
04:25 PM - May 13, 2024
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thread 82/85
Q: How were you going to be compensated for the new role?

A: By monetizing the role of personal attorney and engaging in consulting

Q: Did you ever put together a retainer for your work with Trump?

A: No ma'am, because there wasn't going to be compensation
04:27 PM - May 13, 2024
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thread 83/85
Cohen reiterates again that the $420k was not intended for future legal work and that's it, Justice Merchan stops it right there, and gives his usual instructions to the jury.
04:27 PM - May 13, 2024
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Helen
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thread 84/85
Cohen takes a sip of water, then another, then downs the cup entirely. He looks relieved.

Before today, people warned that Cohen would be unpredictable, unstable, angry on the stand. But today, for the most part, he was slow and steady, even calm at times.
04:29 PM - May 13, 2024
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thread 85/85
But remember the Rule of Witnesses:

Never pass judgment on a witness before the cross.

With that, Justice Merchan bids us a goodnight.
04:30 PM - May 13, 2024
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booknerdsmom
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In response to Helen.
I appreciate these threads.
06:13 PM - May 13, 2024
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DC in the DMV
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In response to Helen.
Impressive recording and reporting!🤩 Thank you👍🏾!
04:10 PM - May 13, 2024
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