Cohen’s time on the witness stand comes to close
Moments before it concluded, Cohen said: “Donald Trump spoke like a mob boss.”
Cohen’s comment was in reference to prior statements about Trump’s directives which the ex-president’s defense team has described as inconsistent.
Specifically, Trump’s team has honed in on Cohen’s testimony to Congress in which he appeared to say that his former boss didn’t tell him to inflate real estate valuations.
Cohen was asked in February 2019: “Did Mr Trump direct you or Mr Weisselberg to inflate the numbers for his personal statement?”
“Not that I recall, no,” Cohen said.
On re-direct, Cohen explained: “He did not specifically state ‘Michael, go inflate the numbers.
“As I’ve stated in my books and I’ve stated publicly, Donald Trump speaks like a mob boss,” Cohen said. Trump says what he wants without “specifically” saying.
“We understood what he wanted, so when they asked me, ‘Did Mr Trump direct you or Mr Weisselberg to inflate numbers for his personal statement?’ and I stated, ‘No, not that I recall,’ that’s what I was referring to.”
Court has wrapped for the day.
Updated
Trump abruptly leaves courtroom
There was a bit more bizarre courtroom drama just now. Trump abruptly left the courtroom after Cohen’s cross-examination wrapped.
Faherty, a lawyer for the attorney general’s office, is now questioning Cohen on redirect. It’s unclear why Trump walked out of the courtroom.
Updated
Cross-examination of Michael Cohen has resumed, but all eyes are still on the events that just transpired with Judge Arthur Engoron’s imposition of a $10,000 fine on Trump after apparently violating a gag order.
Engoron imposed this punishment after calling Trump to the witness stand to explain to whom the ex-president was referring when he said: “This judge is a very partisan judge with a person who is very partisan sitting alongside him, perhaps even much more partisan than he is.’”
Engoron asked Trump lawyer Chris Kise: “Mr Kise you, I believe, said on behalf of defendant Trump … that he was referring to Michael Cohen when he said what he said.”
“Is that correct?”
“Yes,” Kise said.
“I’m going to hold a hearing right now about that,” Engoron said.
Engoron called Trump to testify.
“Mr Trump, did you say in the hallway this morning, ‘This judge is a very partisan judge with a person who is very partisan sitting alongside him, perhaps even much more partisan than he is.’”
“Yes,” Trump said.
“To whom were you referring when you said the person sitting alongside of me?”
“You and Cohen,” Trump replied.
“Are you sure that you didn’t mean the person on the other side of me – my principal law clerk?”
“Yes, I’m sure.”
Engoron asked whether he had previously referred to her as partisan.
“I think she’s very biased against us,” Trump said.
Trump also addressed his prior failure to remove past disparaging comments about the clerk in a timely way, which flouted a previous Engoron order.
Trump said that his camp had put up a picture of her and removed it after Engoron took issue, but that “we have so many different sites”.
“I believe that it was one of the political groups one of the Pacs that had it up or left it up,” Trump said.
After Trump left the stand, Engoron said: “As the trier of fact, I find that the witness is not credible and that he had been referring to my law clerk.”
Trump’s team unsuccessfully pushed back against the fine.
Updated
Trump fined $10,000 for disparaging comment about judge's law clerk
Judge Arthur Engoron has fined Trump $10,000 after holding a brief hearing in which he called the ex-president to testify about his possible violation of a gag order this morning. Engoron previously ordered Trump not to make disparaging comments about his staff; in commentary this morning, Trump appeared to make one such statement about Engoron’s law clerk.
Trump denied that he was speaking about Engoron’s clerk, and insisted he was speaking about Michael Cohen. Engoron disagreed.
“As the trier of fact I find that the witness is not credible,” Engoron said in imposing the fine.
Updated
Donald Trump called to testify about possible gag order violation
Donald Trump has just sat down at the witness stand.
The lunch break ended and court has resumed.
Judge Engoron is now addressing Trump’s possible gag order violation.
We’re still on the lunch break, but Trump has commented on the possible gag order violation that judge Engoron discussed earlier.
Trump wouldn’t discuss what transpired after court broke for lunch; after media and public left the courtroom, it was sealed to reporters and observers.
As shown in this video by Law 360’s Frank Runyeon, Trump denied violating the gag order.
It’s possible we will know more about the potential gag order violation when court resumes after lunch.
Just now: “I can’t say,” Trump says, declining to say what happened in the courtroom after it was sealed to press.
— Frank G. Runyeon (@frankrunyeon) October 25, 2023
Trump says he did not violate the gag order. He ignored a followup about whether he was again disparaging the judge’s clerk. https://t.co/fNKdBwQPGb pic.twitter.com/qYQV4L7t7W
Habba just concluded her cross-examination of Cohen, leaning hard on her argument that he’s dishonest – and angry that his former confidant and boss didn’t help him.
She prompted Cohen to say that he was being untruthful during prior congressional testimony in which he said “I don’t recall” when asked if Trump inflated asset valuations.
“Did you ever ask President Trump to pardon you while he was in the White House?” Habba asked.
“No,” Cohen said.
“He didn’t pardon you, did he?”
“No,” Cohen replied with force.
Court proceedings are now on a break for lunch. They will resume at about 2.15pm, with additional cross-examination from another lawyer in Trump’s camp.
Updated
Habba is now trying to portray Cohen as irrelevant and desperate to make money off of his ill-fated relationship with Trump. Did he make money off of his Trump tell-all? How much did he make?
“And without stories or accusations about President Trump, you really don’t have anything to [sell]?” Habba asked.
“I disagree,” Cohen responded.
“Your primary income is speaking about Trump,” Habba pressed.
“The more outrageous your stories are about president Trump, the more money you make, is that accurate, Mr Cohen?”
“President Trump makes you relevant, doesn’t he?” she said later.
“I think the circumstances make me relevant.”
Updated
Judge in Trump case will weigh possible gag order violation
Before Cohen returned to the witness stand several minutes ago, Judge Engoron – who fined Trump $5,000 for violating a gag order that barred Trump from publicly commenting about his staff – said he was just alerted to comments that appeared to violate said order yet again.
“It was just brought to my attention that the Associated Press reported…Mr Donald J Trump just stated the following to the press gaggle outside the courtroom: ‘This judge is a very partisan judge with a person who is very partisan sitting alongside him, perhaps even much more partisan than he is.’”
“It’s really easy for the public or anyone to know who that person is,” Engoron said, referring to the law clerk whom Trump previously disparaged.
“This recent statement – assuming the Associated Press is correct-- obviously was intentional. I stated the last time that any future violations would be severely punished,” Engoron said. “Again, I should ask the question: Why should there not be severe sanctions for this blatant, dangerous disobeyl of a clear court order?”
Trump lawyer Chris Kise insisted: “His whole commentary related to Mr Cohen and his credibility as a witness. We’re certainly aware of the order.”
Engoron didn’t appear to buy the explanation, saying that the word “alongside” strongly suggested Trump was referring to his clerk. “I’ll take the whole matter under advisement,” Engoron said.
Updated
Right before recess, Trump’s lawyer specifically pointed to Cohen’s use of the former president for personal gain and media content.
Habba asks whether Cohen has "significant animosity" — stretching out those words into their respective syllables — toward Trump.
— Adam Klasfeld (@KlasfeldReports) October 25, 2023
Cohen pauses a bit before stating bluntly, yes.
Q: Your career has shifted from the practice of law to entertainment and media, is that correct?
— Adam Klasfeld (@KlasfeldReports) October 25, 2023
A: Can you define entertainment and media?
Q: Sure. You have made a career of publicly attacking President Trump, haven't you?
A: Yes.
After she repeats a variation of the question, Cohen says he also goes after other people.
— Adam Klasfeld (@KlasfeldReports) October 25, 2023
Habba shows Cohen his remark about Trump always being a topic of discussion on his podcast "Mea Culpa."
— Adam Klasfeld (@KlasfeldReports) October 25, 2023
"Every podcast at some point has him included in it."
Morning recess.
Trump lawyer attempts to paint Cohen as spurned, desperate friend
Habba’s cross has also tried to paint Cohen as a spurned friend desperate to save his own skin.
She asked Cohen whether he ever told Robert Costello, who was once a longterm Trump ally, “I don’t have anything on Donald Trump. I swear to god I don’t have anything on Donald Trump.
“I don’t recall that.”
“Do you recall that you told him that you would do – excuse my French – whatever the F it takes to avoid jail time?”
“I don’t recall that, either.”
Habba later intimated that Cohen was upset at Trump for not giving him a top White House position. She showed a series of spring 2017 texts between Cohen where someone listed as “Person 4” speculated about Trump’s chief-of-staff pick.
“Keep guessing, dopey,” Cohen said.
“Stop!!! You!” Person 4 replied, writing shortly thereafter: “OMG Please be true. Are you serious? You need to.”
“He needs to ask, I would never,” Cohen responded.
“You were never given a position in the White House, were you, Mr Cohen?”
“I was given the position that I asked for. There’s no shame in being personal attorney to the president.”
Court has now broken for the mid-morning break.
Updated
Habba’s cross-examination of Cohen has spiraled from showmanship to campy theatrics as she has repeatedly nitpicked the former Trump fixer’s comments, down to his diction.
During these exchanges--and squabbles with opposing counsel--Habba would raise the volume of her voice at key moments to make a point.
While lawyers can be theatrical--and many of the best are--Cohen’s refusal to take guff contributed to the abject zaniness characterizing moments of this morning’s proceedings.
“I’ve answered every question that you want, why are you screaming at me?” Cohen said.
When Habba asked Cohen whether James initiated the investigation because of his comments on Trump, she pointed toward the state’s top prosecutor, who raised her hand from the first row of the gallery.
“You’re welcome,” Cohen said to the courtroom. The courtroom erupted into laughter.
“You’re welcome?” Habba said. “That’s telling.”
“I was being comical,” Cohen said shortly thereafter.
At another point, when Habba asked Cohen about the AG's investigation, he said: “You can ask Ms. James.”
“Objection,” James said from the gallery, prompting chuckles.
Here are some of the latest images of key people returning to court for Trump’s civil fraud trial.
Trump attorney tries to cast Cohen as a liar in cross-examination
Not surprisingly, Trump attorney Alina Habba is trying to cast Michael Cohen as a liar, as he’s the key witness in New York attorney general Letitia James’s civil fraud case against the ex-president.
She’s also tried to catch Cohen in a trap admitting to perjury. (Lying under oath, which is perjury, constitutes a crime.)
She specifically honed in on Cohen’s disavowal Tuesday of his guilt in several crimes he did, in fact, admit to five years ago.
“There was no tax evasion. At best, it could be characterized as a tax omission. I have never in my life not paid taxes,” Cohen had insisted, noting that he’d spoken out against this charge many times. Cohen said there were crimes he did plead guilty to that he committed, but not everything.
“I wanted to correct the record because when all of this started, it was overwhelming, the amount of misinformation, disinformation, mal-information about me was overwhelming and enormous,” Cohen said. He also disavowed arranging the payment to Karen McDougal, which he admitted to during his first plea proceeding.
“I acknowledged my complicity in the Stormy Daniels matter, but…I never paid Karen McDougal,” Cohen said Tuesday. “I was tasked to review documents to ensure that Trump was protected.”
Habba repeatedly asked Cohen whether he committed “perjury” during his guilty plea before the late Manhattan federal court judge William Pauley.
After lawyers on both sides went head-to-head about whether Habba could use the word '“perjury,” Engoron instructed them to proceed without the term. She eventually got her point across, without the linguistic showmanship.
“Yesterday was the first time you admitted, in open court, that you lied to Judge Pauley, correct?”
“In open court?” Cohen said. “Yes.”
Updated
Cohen returns to the witness stand
Michael Cohen is back on the stand.
Trump lawyer Alina Habba, after wishing him “good morning”, said she reminded Cohen that he was still under oath.
“True,” Judge Arthur Engoron said plainly from the bench.
She’s asking Cohen about the many felonies he pleaded guilty to in 2018.
Within moments, the attorney general’s office took issue with these questions, as Habba on Tuesday repeatedly asked him about this.
“We did this yesterday,” Colleen Faherty, a lawyer for the attorney general, said.
Updated
Donald Trump has entered the courtroom. He looked forward as he walked and took his seat at the defense table without fanfare.
Court was called to order several moments before his arrival; lawyers have been discussing housekeeping matters with the judge.
Updated
Michael Cohen returns to witness stand in Trump fraud case
Good morning from downtown Manhattan, where Michael Cohen is expected to soon return to the witness stand in Donald Trump’s New York state civil fraud trial.
Cohen’s testimony at the 60 Centre Street courthouse stems from New York attorney general Letitia James’s lawsuit against the ex-president. Her civil claim maintains that Trump unlawfully inflated values of his properties on financial statements when it suited him.
Cohen, the onetime Trump fixer who in 2018 pleaded guilty to a plethora of federal crimes related to his ex-boss, repeatedly implicated him in financial wrongdoing on Tuesday. When proceedings resume this morning, Trump attorney Alina Habba will continue her cross-examination.
Here are the key points of Cohen’s testimony against Trump on Tuesday.
Trump wanted to “reverse-engineer” his net worth.
Cohen testified that Trump wanted him and Weisselberg to figure out a way for him to have the net worth he wanted. Per Cohen: “I was tasked, by Mr Trump, to increase the total assets based upon a number that he arbitrary selected, and my responsibility, along with Allen Weisselberg predominately, was to reverse-engineer the various different asset classes, increase those assets, in order to achieve the number that Mr Trump had [requested].”
Cohen and Weisselberg altered financial statements “by hand” to give Trump his desired net worth.
During meetings when Cohen and Weisselberg discussed Trump’s financials, he would make demands about what they should be. Trump, Cohen said, “would look at the total assets and he would say, ‘I’m actually not worth $4.5bn, I’m really worth more like six.’
“He would then direct Allen and I to go back to Allen’s office and return after we achieved the desir[ed] goal.” Cohen said he and Weisselberg would go line-by-line on the financial statement and “mark it up by hand … in able to get the total asset number that Mr Trump asked us to achieve”.
Trump allegedly had final control over business operations
The New York attorney general’s office is working hard to prove that Trump and his inner circle conspired in defrauding lenders and insurers with inflated property valuations. Cohen’s testimony puts Trump at the center of making decisions that enabled this alleged wrongdoing. Trump, he said, made decisions about his desired net worth, how he’d present himself to insurers–and which of his underlings would carry out his wishes. “All the final decisions were done by Mr Trump,” Cohen said.
Proceedings will kick off around 9.30am ET. We will be providing live coverage as they progress.
