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Sunday, May 19, 2024

Trump Hush Cash Trial Hinges on This Single Piece of Paper


You will see this one-page doc in its succinct entirety just some paragraphs down. Then, I will stroll you thru it, part by part.

Individuals’s 35 is the fulcrum for all the case. As they make their closing arguments subsequent week, prosecutors are certain to say it proves Trump is responsible, whereas the protection will say it proves he is harmless.

And which aspect wins will rely largely on whether or not jurors consider key prosecution witness Michael Cohen, Trump’s former lawyer who testified final week that Trump personally noticed — and authorised — the doc’s contents.

Individuals’s 35 appears slightly difficult, however I promise this would possibly not harm a bit. Go forward, scroll via it, simply to see what it appears like, and I will meet you on the opposite aspect, the place we’ll take it aside.


A bank account statement with Michael Cohen's name on it and various sections highlighted in different colors.

Individuals’s Exhibit 35

Manhattan District Legal professional’s Workplace/BI



As you may see, Individuals’s 35 is a one-page financial institution assertion from October 2016 for one thing referred to as “Important Consultants,” an LLC managed by Cohen.

The highlights, however not the handwriting, are mine.

It could not seem like so much, however I wager you when prosecutors discovered this hardcopy sheet of paper amongst a whole bunch of 1000’s of pages of subpoenaed Trump Group paperwork, anyone shouted, “Holy @#$%!!!!”

Individuals’s 35 encapsulates virtually the whole lot of the alleged hush-money-conspiracy. It has virtually all the things, and all on one web page.

The block I’ve coloured turquoise exhibits Cohen wired $130,000 of his personal cash to a lawyer for porn star Stormy Daniels on October 27, 2016, simply 11 days earlier than the election.

That, for anybody who’s sleeping via the trial, is the hush cash.

The inexperienced block? That is the place Cohen scribbled that Trump owes him $180,000, which is the hush cash plus a $50,000 outlay Cohen beforehand made. (That “TECH SERVICES” outlay is a joke of its personal, which we’ll get to.)

And the yellow block exhibits the place Trump’s former high cash man, ex-CFO Allen Weisselberg, scratched out how a lot Cohen was owed. Weisselberg then labored out how that complete can be (allegedly illegally) doubled to account for revenue taxes and the way that grand complete would then be (allegedly illegally) reimbursed.

No fingerprints, although

Sure, Individuals’s 35 has virtually all the things — the $130,000 hush-money fee itself and the precise chicken-scratched math behind what prosecutors name a conspiracy to falsify the enterprise data for Cohen’s reimbursement.

What Individuals’s 35 doesn’t have is Trump’s fingerprints, some extent that the protection is certain to level out in closing arguments set to start as early as Tuesday.

To attach Trump to the alleged scheme, jurors might want to consider Cohen — who instructed them final week that when all of the calculating and scribbling was finished, he and Weisselberg marched this very web page into Trump’s workplace on the twenty sixth flooring of Trump Tower in Manhattan.

It was mid-January 2017, and Trump was days away from his inauguration.

Prosecutors say that Trump’s schedule was packed on the time with teleprompter coaching periods and conferences with future chief of workers Reince Priebus.

However Trump carved out a second nonetheless to take a seat with Weisselberg, his loyal CFO, and with Cohen, his lawyer, who prosecutors say had simply fronted $130,000 of his personal money to repay a porn actor and was longing for compensation.

The protection counters that this assembly by no means occurred and that Cohen and Weisselberg are solely answerable for any falsified paperwork.

They’re anticipated to inform jurors subsequent week that Trump was too busy working the nation in 2017 to have had a hand within the 12 months’s value of bogus “retainer” reimbursement checks to Cohen — together with 9 checks he signed personally.


Copies of checks Donald Trump signed to pay Michael Cohen

Prosecutors allege that Trump’s funds to Cohen had been falsified to hide hush cash paid to grownup movie star Stormy Daniels.

Jon Elswick/AP



‘He authorised it’

“Did he present this doc to Mr. Trump?” prosecutor Susan Hoffinger requested Cohen throughout his direct testimony on Monday, the “he” being Weisselberg.

“Sure,” Cohen answered, as Trump watched from the protection desk

“And what, if something, did Mr. Trump say on the time?” the prosecutor requested.

“He authorised it,” Cohen answered, referring to Trump. “And he additionally stated, ‘That is going to be one heck of a experience in DC.'”

Prepared? This is a more in-depth look, beginning with the purple-highlighted part on the high.


A section of People's Exhibit 35.

Manhattan District Legal professional’s Workplace/BI



Prosecutors allege that lower than two weeks earlier than the 2016 election, Cohen tapped his own residence fairness line of credit score with a purpose to buy Daniels’ silence.

However Cohen obscured his function as a hush-money bag man. As a substitute of sending the cash instantly, he first wired the $130,000 into the checking account for a newly created shell firm referred to as Important Consultants, LLC.

The LLC’s sole goal was to deal with the hush-money fee, Cohen testified.

“Can we put up Individuals’s Exhibit 35, please, in proof?” Hoffinger, the prosecutor, requested simply after Monday’s lunch break.

The doc was displayed on private screens for every of the jurors, and on 4 giant overhead screens for the viewers.

“Do you acknowledge this doc?” Hoffinger requested.

“I do,” Cohen answered. “That is the financial institution assertion for Important Consultants for the interval of October twenty sixth of 2016 via the thirty first of October of 2016,” Cohen defined.

Subsequent, let’s flip to the pink-highlighted part.


A section of People's Exhibit 35 showing the actual hush-money payment.

Manhattan District Legal professional’s Workplace/BI



Right here, we see the $130,000 hush-money fee transferring in, after which out, of the Important Consultants checking account.

Cohen testified final week that he took the cash from his HELOC, or home-equity line of credit score, so he might conceal the massive outlay from his spouse.

Her title was on the HELOC, however the billing was paperless, Cohen defined.

“You determined to do it this manner, it was fast, you would transfer the cash shortly, since you wished to hide it out of your spouse, right?” protection lawyer Todd Blanche requested Cohen throughout cross-examination on Thursday.

“Appropriate,” Cohen answered.

Let’s transfer to the turquoise part, highlighting the place the cash went.


A section of People's Exhibit 35

Manhattan District Legal professional’s Workplace/BI



So lengthy, hush cash.

Individuals’s Exhibit 35 exhibits that on October 27 — solely 11 days earlier than the election — Cohen wired the $130,000 from Important Consultants to Keith Davidson, who was Daniels’ lawyer on the time.

Davidson additionally repped Karen McDougal, the previous Playboy Bunny who had been paid $150,000 simply weeks prior to maintain her silent a couple of almost yearlong affair she stated she had with Trump.

Each the porn star and the pinup mannequin say they slept with Trump on the similar Lake Tahoe movie star golf match in 2006. Trump’s son with Melania Trump was then 4 months previous.

Trump has persistently denied having intercourse with the 2 ladies.

Davidson’s testimony in early Might was noteworthy for its name-dropping. The lawyer instructed jurors he peddled salacious movie star tales to the Nationwide Enquirer, together with tales concentrating on Charlie Sheen, Hulk Hogan, Lindsay Lohan, and Tila Tequila.

The protection used its cross-examination of Davidson to indicate that Trump was no mastermind and was as an alternative a helpless sufferer of one thing akin to movie star extortion.

Subsequent: Cohen’s handwriting, highlighted in inexperienced, from the underside proper nook.


A section of People's Exhibit 35.

Manhattan District Legal professional’s Workplace/BI



Right here is the place Cohen testified he made a jotted notice of one other private outlay Trump owed him for, on high of the $130,000 and the wiring price of $35.

This was a reimbursement for $50,000 paid to the Virginia tech firm RedFinch Options LLC.

RedFinch did polling for the Trump marketing campaign and arrange the Twitter account @WomenForCohen, touting him as a so-called “pit bull” and “intercourse image.”

“He instructed me so as to add up the 130 with the 50,000 for RedFinch — complete it to 180,000,” Cohen testified Monday, referring to a chat he stated he had with Weisselberg earlier than the 2 males marched Individuals’s 35 into Trump’s workplace.

Cohen by no means reimbursed RedFinch for the entire $50,000, he testified.

Lastly, let us take a look at the underside left part, highlighted in yellow.


A section of People's Exhibit 35.

Manhattan District Legal professional’s Workplace/BI



“And whose handwriting is on the backside left and center?” Hoffinger, the prosecutor, requested Cohen as Individuals’s 35 was displayed.

“That is Allen Weisselberg’s,” Cohen answered.

Weisselberg has been unavailable to testify. He’s at the moment serving a five-month perjury sentence for mendacity on Trump’s behalf finally 12 months’s civil fraud trial.

“And the way had been you capable of acknowledge Allen Weisselberg’s handwriting?” the prosecutor requested.

“Properly, I acknowledge the handwriting, however I used to be additionally there within the room when he was writing it,” Cohen answered.

Weisselberg, in his handwritten notice, began with the $180,000 Cohen stated Trump owed him.

The CFO underlined the quantity. Beneath that, he wrote, “Grossed as much as $360,000.”

“He instructed me what he was going to do was to — it is referred to as ‘gross it up,'” Cohen defined to the jury.

Weisselberg’s concept — authorised by Trump — was to falsely course of Cohen’s $180,000 reimbursement as authorized charges, paid in month-to-month installments all through 2017, Trump’s first 12 months in workplace, prosecutors say.

However as a result of Cohen confronted a 50% tax penalty on that revenue, Weisselberg doubled — or “grossed up” — the $180,000, Cohen testified.


Michael Cohen

Michael Cohen, heart, is surrounded by reporters as he arrives for grand jury testimony final 12 months.

AP Photograph/Mary Altaffer



“So with a purpose to get again the 180, what he did was, he then wrote down 360,000,” Cohen testified. Cohen might then take his 50% tax hit, paying the IRS $180,000 and nonetheless pocketing the $180,000 he was due.

Weisselberg tacked on an additional $60,000 year-end bonus, arriving at a grand complete of $420,000, Cohen testified, persevering with to translate the CFO’s handwriting to jurors.

Cohen stated he was instructed the $420,000 must be divided into month-to-month “retainer” checks of $35,000.

That was unhealthy information for Cohen, who had walked into the assembly with Weisselberg and Trump assuming he’d be reimbursed in a single lump sum.

However Trump and Weisselberg had figured all of it out prematurely, Cohen stated he quickly realized.

“Did Mr. Weisselberg say in entrance of Mr. Trump that these month-to-month funds can be, , like a retainer for authorized providers?” Hoffinger requested Cohen.

“Sure,” Cohen answered.

“Did you say one thing to the impact of, that you just had the sense that that they had spoken about this beforehand?” Hoffinger requested.

“Sure,” Cohen answered.

“Why do you say that?” the prosecutor requested.

“As a result of they at all times performed that form of sport — a ‘frick and frack’ sort sport,” Cohen stated.

Individuals’s 35 was nonetheless displayed on the courtroom’s screens, each giant and small, as Hoffinger requested what occurred when Weisselberg “confirmed Mr. Trump this doc.”

“Did Mr. Trump attempt to renegotiate?” Hoffinger requested.

“No,” Cohen answered.

“So he authorised it at that time?” the prosecutor requested.

“Sure,” Cohen answered.

Closing arguments might come as quickly as Tuesday, with jury deliberations beginning as early as Thursday. Trump faces wherever from no jail to 4 years in jail if convicted of felony falsification of enterprise data.



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