Prosecutor details Karen McDougal catch-and-kill scheme
Prosecutor Joshua Steinglass is going through the Karen McDougal catch-and-kill scheme in minute detail — call by call, text by text and day by day.
Virtually no testimony is needed to illustrate the negotiations — and to the extent that testimony is used, it’s not from key witness and former Trump lawyer Michael Cohen. It's from David Pecker, former publisher of the National Enquirer.
Analysis: Steinglass pokes hole in defense's argument around National Enquirer
Steinglass makes a very good point about the Dino Sajuddin story and corresponding payment.
Sajuddin is the former Trump Tower doorman who claims Trump fathered a child out of wedlock, a claim the former president has denied.
Given that everyone believed Sajuddin's claim to be false, purchasing the story was not something David Pecker did because of his fiduciary duty to shareholders; there was no reason to do it other than to benefit the 2016 Trump campaign.
Steinglass calls 2015 meeting at Trump Tower a 'subversion of democracy'
Steinglass characterized a meeting at Trump Tower almost a decade ago as a “subversion of democracy.”
He said the entire purpose of the August 2015 meeting was to “pull the wool over [voters’] eyes” before they made their decisions.
He also pointed out that while NDAs are not unlawful, nor are contracts illegal, a contract to kill your wife is illegal, and therefore an NDA designed to prevent certain information from becoming public during a political campaign is also illegal.
Steinglass tells jurors to think of Cohen as a 'tour guide'
Trump's lawyers repeatedly attempted to make Cohen's trustworthiness and motives a focal point of the trial — a strategy that Steinglass flat-out rejected in his summations. "This case is not about Michael Cohen," Steinglass told the jury. "This case is about Donald Trump."
Steinglass encouraged the jury to instead think of Cohen as a "tour guide" through the evidence introduced during the proceedings, including what the state has presented as falsified business records aimed at covering up an election law violation. Cohen, according to Steinglass, "provides context and color to the documents" — but he is not the trial's main character.
Steinglass begins touching on campaign finance violations
Steinglass is teasing the crux of the prosecution’s argument, saying, “Once money starts changing hands on behalf of the campaign, that’s election law — that’s federal election campaign finance violation.”
“We’ll get back to that,” he adds.
Prosecution argues there is a 'mountain of evidence' against Trump
Steinglass is fighting back against the defense's rhetoric that the only evidence in this case came from Michael Cohen's testimony.
The prosecutor told the jury that Judge Merchan will say Cohen is an accomplice because he participated in these crimes, but you cannot convict Trump on Cohen’s word alone — unless there is corroborating evidence.
Steinglass said that there is a mountain of evidence in the case, saying "it’s difficult to conceive of a case with more corroboration than this one.”
Steinglass looks to counter questions on details of Cohen's stories
Steinglass is now using an imaginary conversation to explain Cohen’s retelling of some of the stories or dates he’d recounted to the jury that Trump’s lawyers had questioned.
“These guys know each other well, they speak in code. A better explanation is that Cohen could have gotten the time and place of the call wrong. This is one date in many, he spoke to the defendant 20 times in the month of October,” Steinglass said.
“Let’s say you had dinner at a restaurant with an old friend and the friend says they were getting married. Later you find a receipt and think that was the night they told you they were getting married, but found out the friend was actually in California on that night. That does not mean that you are lying about the fact that you had dinner with the friend or about the fact that your friend told you they were getting married,” Steinglass said.
Steinglass: We didn't pick Cohen at the 'witness store'
Steinglass is forcefully pushing back on the Trump team's attempts to tarnish Cohen's character and motives, reminding the jury that the ex-fixer was once a valued member of the former president's inner circle: "We didn't choose Michael Cohen. We didn't pick him up at the witness store. Mr. Trump chose Mr. Cohen for the same qualities his attorneys now urge you to reject."
Cohen's top quality was loyalty to his former boss, Steinglass said. Cohen was "drawn to the defendant like a moth to a flame, and he wasn't the only one. David Pecker saw Mr. Trump as a mentor; Mr. Trump saw David Pecker as a useful tool."
On Trump attacks on Cohen: 'That is what some people might call chutzpah'
Steinglass is explaining that Cohen had lied at Trump’s direction and that Trump was now using those lies to harm Cohen’s credibility in the trial.
“The defense also tells you you should reject his testimony because he lied and took pleas in federal court. He has had some trouble accepting responsibility,” Steinglass said. “For bank fraud conviction and his tax law violation, he said he admitted to you that he did the things. He pleaded guilty.”
“He feels like he was treated unfairly and as a first offender he should have been able to pay a fine and back taxes and he believes the Trump Justice Department did him dirty. Whether that is true or not, he accepted responsibility and went to prison for it,” Steinglass added.
“You should consider all of this for his credibility” he continued. “The lies he told to Congress had to do with the Mueller investigation and the Russia probe, and what he lied about was the number of dealings the defendant had with Russia, and the only benefit was he stayed in the defendant’s good graces.”
“Those lies that he told are being used by the same defendant to undermine his credibility,” Steinglass said.
“That is what some people might call chutzpah,” he added, using a Yiddish word meaning audacity.
Prosecution is careful to repeatedly call Trump 'the defendent'
There’s subtle but notable rhetorical move happening in this closing by the prosecution.
Steinglass is repeatedly referring to Trump as “the defendant” instead of “Mr. Trump” or “the former president.” This contrasts greatly from the defense's language, as Trump's lawyers almost always refer to him as "the president."
It will be important to watch for Steinglass to argue at some point that no one is above the law, even the former president of the United States -- something we’ve seen other state and federal prosecutors say about Trump over the last year.