1/…🧵 #TrumpTrial #Trump #legal Via Klasfeld:Expected first:The judge may issue his Sandoval rulings, determining what prior bad acts prosecutors can confront Trump with if he testifies.A key question: "What's fair game?"
-
2/ Via Inner City Press (AKA Press):
Justice Merchan: Juror 9 has told us they are concerned about media attention. I suggested we speak with them in my chambers, I'm sorry, I mean my robing room. And suggest that not all of you come in.
[At the defense table, Trump is sitting alone - Blanche, Emile Bove and Susan Necheles have gone into Justice Merchan's robing room, with prosecutors and Juror 9]
-
-
7/ Katie Phang:
Re. Michael Cohen's testimony, Judge Merchan has drafted a limiting instruction to be read to the jury. Neither party objects to it.
Judge Merchan then addressed the defense's renewed objection from last week regarding the introduction of the Access Hollywood transcript. He rules that he will not revisit the issue so the transcript will still be allowed to be used.
-
8/ Klasfeld:
Trump can be confronted by the ruling against him NYAG's civil fraud case, the judge rules.
This is IF he testifies.
Trump also can be confronted with findings of his gag order violations in his civil fraud case, if he testifies, the judge rules.
News:
Trump also can be confronted with two federal juries' findings that he defamed E. Jean Carroll, if he testifies, the judge rules.
-
10/ Klasfeld:
(Notably, the judge appears to have excluded the sexual abuse finding in the E. Jean Carroll case.)
erica orden:
Jury is entering. This is the first time the jurors will be in the courtroom with virtually all of the gallery seats occupied by reporters.
-
11/ Recap, via Phang:
Now, Judge Merchan announces his ruling from the bench on the People's Sandoval Notice:
If Trump takes the stand the people can inquire about the following six determinations, in four separate proceedings: -Feb 16, 2024 he violated the law by fraudulently misstating the value of his assets -Oct 28, 2022 he failed to remove an untrue personally identifying post about law clerk and was fined $5000More..
-
12/ Phang, cont’d:
-Oct 21, 2023 he intentionally violated court order by continually attacking court clerk & fine was $10,000 -Carroll v Trump the defendant defamed E. Jean Carroll by making false statements -Carroll v Trump II the defendant made false statements about Carroll with actual malice -NYAG v Trump Donald J Trump Foundation engaged in repeated and willful self dealing transactions
-
13/ Klasfeld:
Context on the E. Jean Carroll rulings' nuance:
Evidence about "prior bad acts" must balance relevance with undue prejudice to the accused.
Trump isn't charged in this case with sexual assault, but falsifying business records. The judge allowed info that goes to his credibility.
This is why Merchan appeared to confine his green light to prosecutors on the Carroll verdicts to the defamation findings.
-
15/ Klasfeld:
Notably absent in Justice Merchan's Sandoval rulings:
* Trump's sanction for filing "frivolous" RICO suit against Clinton — a surprising omission, because he previously seemed inclined to admit it.
* The Trump Org's criminal prosecution
That said, the judge allowed prosecutors to confront Trump with a broad array of adjudicated prior bad acts from other court cases...
...Again, if Trump chooses to testify.
-
16/ Bower:
Merchan explains that the prosecution bears the burden of proof--beyond a reasonable doubt.
If the people satisfy their burden of proof, you must find the defendant guilty, he says.
Your decision must not be based on speculation, bias, or prejudice, Merchan continues.
-
17/ Bower:
Merchan explains the life cycle of a case: Opening statements, presentation of evidence, and closing arguments or "summations." He explains that the parties are not permitted to comment on or make argument about the evidence & witness testimony until closing arguments.
-
18/ Klasfeld:
Merchan explains that alternate jurors do not know at this time whether they will be asked to substitute for someone on the 12-person panel.
erica orden:
As Merchan instructs the jurors, various jurors are nodding their heads in understanding.
-
-
20/ Press:
Prosecutor: The scheme began. The Defendant met with David Pecker, with Michael Cohen there. They conspired to conceal negative information about Mr. Trump. Michael Cohen paid $130,000 to Stormy Daniels to silence her
The Defendant claimed the payments to Michael Cohen were for legal services. That was a lie. The Defendant falsified 34 business records. He was indicted. Falsified were invoices, voucher entries and payment checks with check stubs