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With the defense resting, Trump doesn’t take stand

The final day of testimony ended with the final defense witness Robert Costello offering nothing exciting, enlightening or even memorable to denigrate Michael Cohen’s testimony–and may have harmed Donald Trump’s defense in the process.  Later, lawyers did lawyering, arguing about what will go into the jury instructions.

  • The C-list menu on Tuesday:  Don Trump, Jr.; former Acting Attorney General Matt Whitaker; former Florida Attorney General Pam Bondi; Missouri Senator  Eric Schmitt; Congress members. Daniel Webster (FL), Dan Meuser (PA), drunkard Ronny Jackson (TX),  Troy Nehls (TX), Dale Strong (AL), and Maria Salazar (FL); creep show voiceover artist Sebastian Gorka; former Hell’s Angels New York Chapter president Chuck Zito; has-been Joe Piscopo and election denier Bill White.
  • Back on the stand, wannabe Cohen lawyer Robert Costello’s testimony continued to go downhill. 
  • Prosecutor Susan Hoffinger set up the idea that Costello and others were trying to pressure Cohen under Trump’s orders.  She read an email that read:  “Our issue is to get Cohen on the right page without giving him the appearance that we are following instructions from Giuliani or the President. In my opinion this is the clear correct strategy.”
  • In another email, Costello complained that Cohen “continues to slow play us and the president — is he totally nuts??? … I am in a golf tournament tomorrow early and again on Sunday. What should I say to this asshole? He is playing with the most powerful man on the planet,” 
  • Hoffinger wrapped up her cross by pointing out ongoing hostility Costello has toward Cohen.  After a few inconsequential questions on redirect, the defense rested its case at around 10:11 a.m. 
  • Costello’s testimony was largely a bust, not shining any additional information on Cohen and actually insinuating he and Trump were pressing Cohen.
  • As if it wasn’t obvious, Donald Trump did not testify as he promised he would.  He never had an intention to testify under oath.
  • The defense rested its case at 10:11 a.m.  The judge adjourned proceedings until next Tuesday, when closing arguments could start.  
  • After dismissing the jury, the judge and the lawyer started debating about the charging instructions for the jury.  A good tick-tock of the discussion can be found at ABC News.
  • Merchan denied the defense effort to demand prosecutors prove Trump had intent for both the financial fraud crime and the crime it supposedly furthered. 
  • Instead of requiring prosecutors to specify which one of four potentially criminal acts Trump was furthering, Merchan said jurors can individually decide which one of the scenarios fits instead of all jurors settling on one.  
  • Saying it was “disingenuous,” Merchan said Trump cannot argue an “advice of counsel” defense.
  • The final argument of the day:  prosecutors want instructions to include information that retainers are required in the state before a lawyer can work for a client.  Defense lawyers claimed it wasn’t needed because Cohen never had a retainer with Trump.  “It is, in fact, the law,” prosecutor Joshua Steinglass said.  “We don’t think that’s right, judge,” defense attorney Emil Bove replied.
  • At one point, defense lawyers argued to downplay witnesses’ reaction and their reports of reactions within the GOP and the Trump campaign to the Access Hollywood tape, saying it doesn’t relate to the alleged crimes.  Merchan, however, seemed to side with prosecutors who noted the release of the tape apparently sparked events that led to the crimes.  
  • Merchan noted jury deliberations could start as early as next Wednesday.
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