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thread 1/76
05.16.2024 NY trial

Trump keeps his eyes closed, moving only to scratch the side of his nose, but otherwise looking unbothered.

Boebert, Gaetz, and Eric sit quietly directly behind him.
09:36 AM - May 16, 2024
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thread 2/76
Tyler McBrien

Sidebar continues.

Another elected official spotted in Trump's courtroom entourage: Rep. Anna Paulina Luna (R-Fla.).
09:40 AM - May 16, 2024
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thread 3/76
More Freedom Causuers spotted in Trump's entourage: Rep. Andy Ogles (R-Tenn.) and Rep. Bob Good (R-VA).

Sidebar continues still.
09:48 AM - May 16, 2024
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thread 4/76
Also spotted: Rep. Eli Craine (R-Ariz.)

We almost have a quorum here for a Congressional session.
09:48 AM - May 16, 2024
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thread 5/76
Good morning, Mr Cohen, Blanche starts.

We left off with Detective Jeremy Rosenberg (Manhattan DA's office), says Blanche, going back to early 2023.

Q; Did you text with him on his work phone?
A: I believe so, yes.
Q: And his personal phone?
A: Correct.
09:55 AM - May 16, 2024
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thread 6/76
We start with phones—Cohen consented to surrendering his phones.

Blanche shows Cohen a redacted transcript—exhibit 117, not yet in evidence. Cohen puts on his reading glasses and skims.

Q: These aren't all the texts, correct?
A: So far, no.

another sidebar
09:57 AM - May 16, 2024
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thread 7/76
Sidebar over, Blanche takes down the exhibit, and instead asks to put up redacted B118, then apologizes. There's some confusion—it's B45 now for the defendant—no, sorry, Blanche apologizes again, the witness, parties, and the court.

It's a slow start to say the least.
09:58 AM - May 16, 2024
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thread 8/76
They're texts between Cohen and Rosenberg last year.

Blanche offers it in evidence, but Hoffinger asks to voir dire—are there large swathes redacted, and therefore out of context? I believe so, says Cohen, so Hoffinger objects.

Another sidebar. third one
10:00 AM - May 16, 2024
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thread 9/76
Sustained. Blanche continues—the texts you just read were around the time Cohen testified to the grand jury in this case.

You were discussing how you were going to hold Trump accountable?

Objection—sustained.
10:01 AM - May 16, 2024
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thread 10/76
Do you recall that prior to the indictment, it was leaked?

Objection—please rephrase.

Do you recall that prior to unsealing of the indictment, the public learned Trump had been indicted?

Yes.

You learned that from reading the NYT?

Yes, sir.
10:02 AM - May 16, 2024
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thread 11/76
Q: Rosenberg confirmed to you that the NYT article was accurate and that Trump had been indicted correct?
Objection—sustained.

Did Rosenberg confirm that it was done, to you?

I'm sorry, I don't understand the question, Cohen says, shaking his head. Blanche shows him B45 again.
10:03 AM - May 16, 2024
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thread 12/76
Rosenberg identified a newspaper article Cohen says, and Blanche asks incredulously if that's really his testimony?

Did Rosenberg tell you before the indictment was unsealed in this case that they told the NYT about the indictment before they told you?

Objection—sustained.
10:04 AM - May 16, 2024
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thread 13/76
Q: Do you have an understanding about whether Rosenberg told you about the indictment before it was unsealed?
A: No sir.
Q: He didn't tell you before there was an unsealing in this courtroom, that "it was done"?
Objection—overruled.
A: No sir.
Q: Are you sure about that?
A: Yes
10:05 AM - May 16, 2024
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thread 14/76
Cohen maintains that he found out about the indictment via the NYT article, not Rosenberg.

Isn't it true that Rosenberg texted you "I know you heard, nice heads up huh"—but another objection, sustained.
10:05 AM - May 16, 2024
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thread 15/76
Blanche asks Cohen about his CNN appearance, in which Cohen called himself David vs Goliath (Trump).
Didn't Rosenberg text you "You were so sharp and confident, fantastic interview on CNN"—objection, sustained.

May we approach? Blanche asks.

No, Merchan says, exhaustedly.
10:06 AM - May 16, 2024
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thread 16/76
Do you recall Rosenberg complimenting you about your appearance on Joy Reid?

Objection—overruled.

Yes, Cohen remembers, and says yes, correct that this is around the time he was instructed *not* to go on TV.
10:07 AM - May 16, 2024
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thread 17/76
The headsets are going back on to listen to B46, a March 2023 Mea Culpa episode called "Breaking!!! Michael Cohen Reaction to the Trump Indictment."

Cohen has an index finger on his mouth, and an arm up on the bench, as he listens intently to his own podcast.
10:10 AM - May 16, 2024
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thread 18/76
Blanche offers it into evidence, and Merchan allows it overruling Hoffinger's objection.

"I wanna thank the Manhattan DA's office and their fearless leader, Alvin Bragg," Cohen's voice cuts in, as Blanche plays the clip for everyone now.
10:11 AM - May 16, 2024
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thread 19/76
It's a much different sounding Cohen—frantic, showboating—a sharp contrast to the slow, even-keeled Cohen on the stand.

CORRECTION: it's a May 2023 episode
10:12 AM - May 16, 2024
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thread 20/76
Now another 10/23/20 episode (B25) for parties, and the headphones are back on.

It sounds like a Scorcese script: "I truly fuckin hope that this man ends up in prison, it won't bring back the year I lost, or the damage done to my family, but revenge is a dish best served cold."
10:13 AM - May 16, 2024
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thread 21/76
Blanche reminds the jury of Cohen's stint in federal prison at Otisville. Then:

Q: You believe that the work that you did, your media appearances played a role in Trump's indictment?

A: I took some credit yes. It's what I believe.
10:14 AM - May 16, 2024
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thread 22/76
Q: You continued to call Trump various names on your podcast and even doing CNN interviews?
A: Correct.
Q: That's continued even up during this trial?
A: Correct.

Blanche shows 408A, the "horseface" truth. (from TFG's TS)
10:16 AM - May 16, 2024
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thread 23/76
BLANCHE: You responded to this truth, didn't you?

COHEN: I'm not on Truth Social Sir.

BLANCHE: On X, you responded in kind, you called him "dumbass Donald"?

COHEN: Sounds correct.
10:17 AM - May 16, 2024
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thread 24/76
On 4/21/24 (the night before opening statements): Do you recall saying on your Tiktok that you had "mental excitement" about this trial starting?

Yes, says Cohen, and then that yes, he believes that there was a paralegal monitoring his social media at the time.
10:18 AM - May 16, 2024
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thread 25/76
Blanche wants to talk about something prosecutors spoke about Tues: Cohen's prior testimony under oath.

Blanche says Cohen has testified under oath many times: before Congress 7 times, in a trial last fall, during two guilty pleas, etc.
10:19 AM - May 16, 2024
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thread 26/76
Blanche asks, Was the oath that you took every single time the same oath that you took Mon morning in this courtroom? (Yes)

Location doesn't change the oath? (Correct)

And just because you come back the next day or two days later you're still under oath? (Yes)
10:20 AM - May 16, 2024
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thread 27/76
As expected, Blanche starts on a path to hammer Cohen for his instances of lying under oath.

It's like watching a boxer wind up a haymaker in slow motion. We know exactly where this is going.
10:21 AM - May 16, 2024
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thread 28/76
Q: In 2017 testimony before House Intel Comttee, that's one of the times that you have lied under oath?
A: Correct.
Q: You submitted a two-page letter before you testified, then read letter into record, and on that occasion you lied about the Moscow project?
A: Yes sir.
10:22 AM - May 16, 2024
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thread 29/76
Blanche continues on this same path:

And there were a number of different lies? (Correct)

About when you stopped the project? (Correct)

The number of times you spoke to Trump? (Correct)

And what was the other lie? (I don't recall, I think those were the two).
10:23 AM - May 16, 2024
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thread 30/76
Q: After Blanche elicits lie about traveling to Russia, he says, you knew at the time you were lying under oath?

A: Yes sir.

Q: And the reason you lied was bc of your loyalty to Trump?

A: I said that, yes.
10:24 AM - May 16, 2024
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thread 31/76
Q: And then you lied again on those same three topics a year later when meeting with the special counsel? (Yes.)

You lied under oath, then you committed another felony in the meeting with—objection, sustained—and you lied again when you met with the special counsel? (Correct)
10:25 AM - May 16, 2024
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thread 32/76
After a rocky start, Blanche seems to be picking up steam, finally finding some sort of groove.

Q: When you were sentenced, you said that you were accepting responsibility for lying to Congress (yes), but you said that the reason why you lied was your loyalty to Trump?...
10:28 AM - May 16, 2024
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thread 33/76
A: I worked with a joint defense agreement in order to stay on message about what Trump wanted, including Mr Trump's attorney at the time.

Q: So are you accepting responsibility or blaming the joint defense agreement?

A: Accepting responsibility.
10:28 AM - May 16, 2024
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thread 34/76
Now to the FBI raid—you're not aware that Gene Freidman cooperated with them? But no, Cohen says, he was not aware at the time.
10:29 AM - May 16, 2024
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thread 35/76
Blanche tries to call Freidman Cohen's business partner, but Cohen clarifies: I leased my medallions from him—I had no profit-sharing with him, if he had losses I would not have received losses. I had no interest in his company at all. No different from leasing an apartment.
10:30 AM - May 16, 2024
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thread 36/76
Cohen continues, Freidman had to pay Cohen a fixed monthly rate for the lease, and was obligated to pay all the expenses—all he did was lease the medallion. It's the only way to have a taxi: have a medallion affixed to the front.
10:31 AM - May 16, 2024
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thread 37/76
You knew that Friedman was a cooperating witness? Blanche asks.

I was told that, yes, Cohen says.

That's what 'you knew' means, Blanche responds sassily.
10:32 AM - May 16, 2024
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thread 38/76
Blanche moves to Cohen's sentencing, asking if Cohen said (under oath): In the tax years of 2012-16, I evaded paying certain taxes that I knew was not reflected on the return. He also asks about his testimony in that proceeding regarding the HLAC form.
10:35 AM - May 16, 2024
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thread 39/76
Q: Nobody induced or threatened you to plead guilty correct?

A: As I stated previously, I was provided with 48 hrs within with to accept the plea or the SDNY would file an 80-pg indictment that included my wife. And I elected to protect my family...
10:36 AM - May 16, 2024
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thread 40/76
Q: So you do feel you were induced to plead guilty?

A: I never denied the underlying facts, but I did not feel I should have been criminally charged.

I want to stick to my questions, Blanche says, steering Cohen back to his inquiries.
10:37 AM - May 16, 2024
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thread 41/76
Blanche asks whether Cohen lied under oath to Judge Pauley when he said nobody had induced him to plead guilty, and a tense moment bubbles up when Cohen says "that's correct," and Blanche snaps,

Can we get through this? What's the difference between yes and that's correct?
10:39 AM - May 16, 2024
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thread 42/76
Blanche asks whether Cohen's lawyers spoke at his sentencing with Judge Pauley—they wanted Cohen to get credit for cooperating though he was not technically a cooperating witness—who ultimately gave Cohen 36 months in prison, lower than the maximum.
10:41 AM - May 16, 2024
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thread 43/76
Q: After sentencing, you started saying that you did not commit the tax crime?

A: No sir. I said I did not believe it was a crime I should have been charged with

Q: In your book you called the tax charge bogus and 100% inaccurate?

A: I believe I should not have been charged...
10:42 AM - May 16, 2024
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thread 44/76
...Q: I didn't ask that. In your book, you said "let me give you the real facts," and you felt and still feel that you did not engage in tax fraud but had to plead guilty to protect your family?

A: Correct
10:43 AM - May 16, 2024
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thread 45/76
Blanche says as recently as 4/1/24 Cohen said on TikTok that the federal prosecution against him "was the most corrupt prosecution in at least the last 100 years," getting a few laughs of disbelief from the press.

Hoffinger objects to the next question—sidebar.
10:44 AM - May 16, 2024
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thread 46/76
Blanche shows Cohen B52, a transcript of his CNN appearance from 3/23/23. During that interview, you said that you hoped the tax evasion charges would eventually come out, and the SDNY lies would be exposed?

Correct, says Cohen.
10:46 AM - May 16, 2024
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thread 47/76
Q: You testified that you provided a lot of docs to the Manhattan DA?
A: They were part of the phone, yes.
Q: You say you want the SDNY truth to come out—have you provided any materials that the charges you pled guilty to were not correct?
Objection—sustained.
10:47 AM - May 16, 2024
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thread 48/76
Q: You also said that Judge Pauley was corrupt?
Objection—overruled.
A: Yes
Q: And he's deceased, right?
A: Yes
Q: You think Pauley was "in on it," and you've called the SDNY prosecutors and Pauley "fucking animals"?
A: Correct
10:48 AM - May 16, 2024
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thread 49/76
Bottom line: Cohen maintains, once again, that in the sentencing memo and ever since, he has never disputed the facts of the case, but still believes that he should not have have been charged and prosecuted.
10:49 AM - May 16, 2024
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thread 50/76
Q: So let me ask my question again, alright? (yes sir.) You testified under oath at a diff trial that you did not commit the crimes that you pled guilty to before Judge Pauley, correct?

A: Correct.

That trial was just across Centre Street.
10:50 AM - May 16, 2024
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thread 51/76
What do you remember testifying about back on 10/24 about the legitimacy of your conviction?

Same has he stated before—that he should not have been charged with a tax crime. Cohen's message remains consistent.
10:51 AM - May 16, 2024
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thread 52/76
Q: When you testified under oath and pled guilty, you knew at the time you filled out the HELOC forms, were you lying?

A: I took the global plea that—but Blanche cuts in, "Please don't make a speech," then some cross-talk as Hoffinger objects. Blanche asks again.
10:52 AM - May 16, 2024
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thread 53/76
Blanche begins to ask about Tuesday, when prosecutors asked Cohen about his Oct 2023 testimony, but it's a bit difficult to follow. I'm not sure where he's going with this.
10:55 AM - May 16, 2024
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thread 54/76
The reason you lied to a federal judge is because the stakes affected you personally? (Yes) And there's no doubt that you know what perjury means? (I know what perjury means).

A few months after your guilty plea, Blanche starts, then apologizes for "jumping around."
10:56 AM - May 16, 2024
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thread 55/76
Blanche asks about more about oaths—in fact, the cover art for Mea Culpa is Cohen taking the oath.

If you haven't caught on by now, the word of the day is OATH.
10:57 AM - May 16, 2024
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thread 56/76
Blanche shows Cohen B518 a transcript of his Congress testimony—when Congressmen asks you questions, they can go on and on, even more than I do, Blanche jokes.

No reaction I can detect from the several Congresspeople seated just 10 feet behind Blanche when he cracked his joke.
10:58 AM - May 16, 2024
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thread 57/76
Q: You said you were remorseful, and going to prison?
A: Unfortunately correct.
...
Q: But what you didn't say in accepting your responsibility, is that you had lied under oath?
Objection—sustained.

I should add: the other word of the day is LIE.
10:59 AM - May 16, 2024
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thread 58/76
Q: Do you agree with me that lying under oath is not accepting responsibility?

Can you clarify your question? Cohen asks, scrunching up his face in confusion. Blanche restates.

I accepted responsibility, and I was suffering the consequences as a result, Cohen says with finality.
11:01 AM - May 16, 2024
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thread 59/76
Blanche presses on: You lied to the judge when you pled guilty? Cohen answers: judges have a wide range of discretion when issuing guidelines.

Q: Do you think Judge Pauley would have liked to know that you had lied to him? Objection—sustained, (surprisingly)

A: I dont know Pauley
11:03 AM - May 16, 2024
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thread 60/76
It's unclear where this is going, but Blanche seems to be arguing that Cohen was lying under oath even when he was coming clean about lying under oath.

It's lies all the way down.
11:04 AM - May 16, 2024
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thread 61/76
Q: By the way, you've blamed a lot of people over the years for the conduct that you were convicted of?

A: I've blamed people, yes.

You blamed your accountant? (Correct) Your bank? (Correct) Fed prosecutors? (Correct) The judge? (Correct) Trump? (Correct).
11:05 AM - May 16, 2024
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thread 62/76
Blanche changes tack slightly and asks, Does the outcome of this trial affect you personally? (Yes), then quickly backtracks to the Pauley sentencing line of questioning.

A couple reporters near me let out an audible sigh.
11:06 AM - May 16, 2024
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thread 63/76
Back to the medallion leasing: Blanche asks about Cohen's 16 LLCs, which is standard in the industry, just good business practice?

Cohen regales us with the ins and outs of the taxi business.

Blanche thanks him sarcastically, and Cohen says you're welcome even more sarcastically.
11:08 AM - May 16, 2024
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thread 64/76
Blanche begins to ask about when and what Cohen told his wife about the HELOC, but Hoffinger trips him up with an objection, and asks to approach.

Sidebar.

👺
11:10 AM - May 16, 2024
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thread 65/76
Sustained. It must have been about spousal immunity.

Blanche looks at his paper deep in thought, grabs and adjusts the mic, and asks Cohen instead about what he told Michael Avenatti about the HELOC.
11:11 AM - May 16, 2024
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thread 66/76
Blanche eventually finds his way back to Mrs. Cohen, and her knowledge or not of what he said about the HELOC.

Q: On March 11, 2018 you deleted all your texts with your wife?

Objection—overruled. Cohen doesn't recall.
11:13 AM - May 16, 2024
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thread 67/76
Q: Didn't you encourage some people to delete your messages with them on Whatsapp and Signal?

Cohen says Signal would do it automatically with some people like David Pecker.

And what about Sharlene Sacks, Blanche asks, do you recall telling her to delete? Cohen doesn't recall.
11:14 AM - May 16, 2024
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thread 68/76
Now to Cohen's testimony to Congress about whether he ever requested a pardon:

False, says Cohen—I never asked for it. I spoke to my attorney about it because we had seen on TV Trump talking about pre-pardoning, so I asked my attorney if this was legit.
11:15 AM - May 16, 2024
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thread 69/76
Blanche moves ahead 10 days from that testimony to a Feb 27 deposition, when Cohen said he directed his lawyers to explore the pardon bc it was constantly being dangled in his face—he asks whether Cohen remembers being asked to reconcile that statement and his testimony.
11:19 AM - May 16, 2024
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thread 70/76
Again, it's unclear what's happening here, as Blanche tries to catch Cohen on some alleged discrepancies between his testimony and the deposition. These discrepancies are grammatical, semantic: his lawyers did it vs. he did it, he used present tense vs. past tense.
11:20 AM - May 16, 2024
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thread 71/76
Maybe I'm not being clear with my question, says Blanche, I'll try to be clearer.

A few grunts of approval from the press in the gallery.
11:21 AM - May 16, 2024
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thread 72/76
Cohen is probably wishing that Blanche would try harder, because he says again that he can't understand the question.

But Blanche's theme seems clear enough: Cohen lied under oath—a lot.
11:23 AM - May 16, 2024
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thread 73/76
I haven't been keeping count, but my impression so far is that Merchan has been pretty even-handed with regard to Hoffinger's objections.

Many sustained, and many overruled.
11:24 AM - May 16, 2024
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thread 74/76
As we continue to circle the drain, I can sense the morning recess approaching. Perhaps this is wishful thinking on my part.

The questions are a dense thicket of different lawyers, testimonies, depositions, and Cohen's lies (some still alleged, some admitted to).
11:28 AM - May 16, 2024
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thread 75/76
Blanche leans one of his forearms on the podium as he drills question after question, his other hand punctuating each question with different gestures.

And as I predicted, Justice Merchan cuts in for the morning break.

See you in "about 15 minutes."
11:29 AM - May 16, 2024
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thread 76/76
starting a new thread for after break, this long one is slowing down this old laptop 💻️
11:44 AM - May 16, 2024
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I think so!
In response to GT InNC.
01:40 PM - May 16, 2024
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In response to Helen.
Biggest grifters. They treat taxpayer money like their personal checking accounts. .
01:52 PM - May 16, 2024
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