May08

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Trump Legal News, Part I: Stormy Weather (aka The Trial, Day 13)

Monday's testimony was pretty bland. Tuesday's testimony was not. Here are the main storylines:

• X Marks the Spot: Porn star and Donald Trump paramour Stormy Daniels took the stand yesterday to discuss two things. The first, which involved some graphic detail, was her intimate encounter with Trump. Daniels got in enough detail to make clear that they really did make the beast with two backs, but the Judge cut her off several times, keeping things at roughly a PG-13 level. Oh and boxers, not briefs, in case you were wondering.
  
  The second topic of discussion was the payment scheme by which Daniels' silence was purchased. Pretty much every link in the chain besides Michael Cohen has now testified, and they're all saying the same thing. Reportedly, the jury was rapt while Daniels was on the stand. Not surprising, we suppose. After all, sex sells.
  
  
• Character Assassination: The prosecution worked hard to establish Daniels as a credible witness, talking about how she only got into pornography to support her daughter, and how she's a dutiful mother, etc. The defense tried to tear her down, painting Daniels as a wanton slut who is willing to say anything for money. You can probably guess that Team Trump let a female lawyer, Susan Necheles, handle that part of the cross-examination. The general consensus seems to be that Daniels painted such a vivid picture of her encounter with Trump that there can be no real doubt as to its having happened. And that's really the main thing the prosecution needed her to establish.
  
  
• No Mistrial: Immediately after the Daniels testimony, Trump's lawyers asked for a mistrial, arguing that her appearance was prejudicial. "This is the kind of testimony that makes it impossible to come back from," said Trump lawyer Todd Blanche. Merchan granted that Daniels' testimony was a bit off the hook, but denied the motion for a mistrial. He also added: "I will note that where there were objections, the objections were for the most part sustained. I'll also note that I was surprised that there were not more objections." Translation: "Looks like you're on a fishing expedition, counsel, since you didn't much seem to mind the testimony while it was underway."
  
  
• Shut the Fu** Up: Merchan chewed out Blanche, as a proxy for Trump, warning: "I understand that your client is upset at this point, but he is cursing audibly, and he is shaking his head visually and that's contemptuous. It has the potential to intimidate the witness and the jury can see that." Blanche apparently blanched, and said he'd take care of it. Good luck, counselor.

They had a relatively short day yesterday, and they are off today, of course. Cohen has to be up pretty soon, right? (Z)