Court employee recites part of David Pecker's testimony on phone call with Trump
The woman who is playing the “witness” just recited the part of David Pecker’s testimony about his phone conversation with Trump at his investor’s office, during which he is asked why he told Trump to purchase the Karen McDougal story.
“I believed the story was true. I believed it would have been very embarrassing to himself and also to the campaign," she read.
Witness readback expected to take about a half-hour
For timing purposes, remember this started at 10:27 a.m., and Merchan said he expected it to take about 30 minutes or so last night. So they should be done around 11 a.m.
Court employee begins rereading testimony requested by jury
A court employee is now beginning to reread the testimony requested by the jury.
“I am going to read the questions as if I am a lawyer, and my colleague is going to read the answers as if she’s a witness," the staffer, a woman, said.
The blond, bespectacled woman playing the witness is sitting in the witness box; neither was identified by name but were merely introduced as “colleagues.”
Both women who are reading the witness testimony have a New York accent.
Merchan reads aloud instructions on violation of tax laws
“Under New York State and New York City law, it is unlawful to knowingly supply or submit materially false or fraudulent information in connection with any tax return,” the instructions read.
“Likewise, under federal law, it is unlawful for a person to willfully make any tax return, statement, or other document that is fraudulent or false as to any material matter, or that the person does not believe to be true and correct as to every material matter.”
Judge rereads instruction on the Federal Election Campaign Act
Judge Merchan reread the prosecution's theories of "unlawful means" and he said he will define the Federal Election Campaign Act.
Under that act, he said, it's illegal for an individual to "willfully make a contribution to any candidate with respect to any election for federal office, including the office of President of the United States, which exceeds a certain limit." He said in 2015 and 2016, that limit was $2,700.
"It is also unlawful under the Federal Election Campaign Act for any corporation to willfully make a contribution of any amount to a candidate or candidate’s campaign in connection with any federal election, or for any person to cause such a corporate contribution. For purposes of these prohibitions, an expenditure made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or his agents shall be considered to be a contribution to such candidate."
He added that the terms contribution and expenditure "include anything of value, including any purchase, payment, loan, or advance, made by any person for the purpose of influencing any election for federal office."
Merchan goes over intent to defraud and New York election law
“Section 17-152 of the New York Election Law provides that any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of conspiracy to promote or prevent an election,” the instructions read.
“Under our law, a person is guilty of such a conspiracy when, with intent that conduct be performed that would promote or prevent the election of a person to public office by unlawful means, he or she agrees with one or more persons to engage in or cause the performance of such conduct.”
As Merchan explains that the jury needs to unanimously find that the conspiracy was to promote Trump’s election by “unlawful means,” but that it does not have to agree on what those means are, Juror 10 appears to nod.
Judge rereads the charge of falsification of business records
Judge Merchan reread the charge of falsification of business records. He said a person is guilty of that in the first degree "when, with intent to defraud that includes an intent to commit another crime or to aid or conceal the commission thereof, that person: makes or causes a false entry in the business records of an enterprise."
He said enterprise "means any entity of one or more persons, corporate or otherwise, public or private, engaged in business, commercial, professional, industrial, social, political or governmental activity."
Merchan said business record "means any writing or article, including computer data or a computer program, kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity."
Note on the instructions on accomplice liability
Note the accomplice liability instruction, which still requires that Trump instruct/command/solicit, etc. the person actually committing the falsification, is separate from the word “cause,” which appears in the falsification of business records statute and charge.
The charge does note define the word “cause,” despite the prosecution’s request. But in his closing, proseuctor Joshua Steinglass subtly encouraged the jury to use an expansive understanding of "cause."
Naked Cowboy joins Trump supporters
Robert Burck, the Times Square performer knows as The Naked Cowboy, confirms with police that he’s in the right place before walking into the area for Trump supporters.
Trump appears to be nodding off at some points
Trump’s head is bobbing slowly forward until his chin rests on his chest before he jerks it back every so often. He is resting his hands on his lap.
At one point, his eyes closed.