Trump lawyer: ‘No falsification’ in legal expense paymentsHugo LowellDuring the cross-examination, Donald Trump’s lawyer Emil Bove suggested that the alleged falsification was not a falsification at all: that “legal expense” was just a catch-all label used on the Trump Org’s internal system when entering any payments to any lawyer.Former Trump Org executive Jeffrey McConney said “legal expenses” was chosen because it was in a dropdown menu in an antiquated accounting software that was rigid in what labels could be used for payments.This gets to the intent: Bove is suggesting there was no intent to deceive.ShareKey eventsShow key events onlyPlease turn on JavaScript to use this featureHugo LowellEx Trump Org accounts supervisor Deb Tarasoff testifies that Trump paid close attention to what he was paying out his personal account, bolstering the prosecution’s case that Trump knew what was going on when he signed reimbursement checks to Michael Cohen.Even if Allen Weisselberg approved an invoice, Trump could decline to sign the accompanying check and he sometimes did, writing “Void” in his black sharpie.ShareUpdated at 21.05 CESTTrump Organization accountant next to testifyThe hush-money trial of Donald Trump in New York has just resumed, with prosecutors calling another former Trump Organization executive to the stand to kick-off the afternoon session.The witness is Deborah Tarasoff, a senior Trump Organization accountant who allegedly also had knowledge of the “illegal” payment.She is being questioned by Christopher Conroy, the assistant district attorney, who is attempting to advance the case that payments made by Michael Cohen, Trump’s fixer, to adult movie star Stormy Daniels, were made at Trump’s behest, and the reimbursement illegally recorded as “legal expenses”.ShareUpdated at 20.47 CESTJudge Juan Merchan’s ruling to further fine Donald Trump for criminal contempt, while warning him he could be jailed for future violations of the gag order, is a “fair and admirable restraint”, one legal analyst says.The judge has now fined the former president, in total, $10,000 for a series of violations. His latest decision on Monday followed an attack by Trump on jury selection and make-up.“The order stated Trump ‘again raised the specter of fear for the safety of the jurors and of their loved ones’ and the judge felt those concerns clearly threatened to interfere with the fair administration of justice, as he put it,” said Carl Tobias, Williams chair in law at the University of Richmond.“Merchan explicitly stated that the last thing he wanted to do was put Trump in jail, and that he appreciated the magnitude of such a decision, so he engaged in special pleading with Trump to quit attacking the jurors. However, he also said had a special responsibility to protect the proceeding’s integrity.“Merchan has demonstrated admirable restraint, fairness and care in expeditiously guiding the case to resolution.”ShareUpdated at 20.46 CESTDonald Trump’s niece has a question about judge Juan Merchan’s decision on Monday to fine the former president a further $1,000 for his 10th violation of a gag order.How often do criminal defendants get held in contempt 10 times without being sent to jail?— Mary L. Trump (@MaryLTrump) May 6, 2024“How often do criminal defendants get held in contempt 10 times without being sent to jail?” Mary L Trump asked on X, formerly Twitter, in what was presumably a rhetorical question.Here’s our report of Merchan’s ruling this morning and warning that Trump might yet be jailed for any subsequent breaches of the gag order.ShareUpdated at 20.45 CESTInterim summaryTestimony from Jeffrey McConney, the former Trump Organization executive, is over, and the court has recessed for lunch.
It was a mixed bag from McConney. Prosecutor Matthew Colangelo pressed him hard on the company’s accounting and reporting procedures, seeming to make headway on the argument that Donald Trump was totally in control of his personal and company finances, and had authorized and was aware of the purpose of the hush money payment to adult movie star Stormy Daniels that was later illegally falsely recorded as a “legal expense”.
But Trump’s lawyer Emil Bove got McConney to concede he had never spoken with Trump about repayments to Trump’s fixer Michael Cohen, who made the payment to Daniels, and never been directed to register the payments in a certain way, or improperly.
Bove suggested there was no falsification, in part because of the narrow way Trump Organization payments had to be recorded using the drop-down menu of an “antiquated” software recording system.
Additionally, McConney conceded, Cohen was Trump’s personal lawyer, and that he always recorded payments to lawyers as “legal expenses” in the ledger during his 36-plus years with the company.
Judge Juan Merchan found Trump in contempt for breaching a gag order by speaking about the jury, namely how quickly it was seated, and his belief it was made up of “95% Democrats”. Merchan fined Trump $1,000, bringing the total fines to $10,000 for 10 separate breaches, and warned Trump he faced jail for any subsequent infraction.
The trial is scheduled to resume at 2.15pm ET.ShareUpdated at 19.33 CESTBove is attempting to chip away further at the purported motive, suggesting that Michael Cohen might have had a retainer agreement after all.“You see where it says ‘retainer agreement?’” Bove asked McConney, pointing to a copy of one of Cohen’s invoices displayed on the screen.“Retainers can be verbal, correct?” McConney answered in the affirmative.“This invoice from Trump’s personal attorney, for Trump’s personal legal expenses, does not say anything about the Trump Organization?” Bove pressed.“No”, McConney replied.ShareTrump lawyer: ‘No falsification’ in legal expense paymentsHugo LowellDuring the cross-examination, Donald Trump’s lawyer Emil Bove suggested that the alleged falsification was not a falsification at all: that “legal expense” was just a catch-all label used on the Trump Org’s internal system when entering any payments to any lawyer.Former Trump Org executive Jeffrey McConney said “legal expenses” was chosen because it was in a dropdown menu in an antiquated accounting software that was rigid in what labels could be used for payments.This gets to the intent: Bove is suggesting there was no intent to deceive.ShareBove’s cross-examination of former Trump Org executive Jeffrey McConney is fast and furious.McConney admitted he had “very few” conversations with Donald Trump in the 36 years he worked for the company, and had not spoken with him at any time about the events outlined earlier by prosecutor Matthew Colangelo, relating to how expenses were paid and recorded.Regarding payments to Michael Cohen, McConney conceded Cohen was Trump’s personal attorney, that payments to lawyers were “legal expenses”, and that he had recorded them in the ledger as such.It’s an effort, and a seemingly powerful one, to disassociate Trump from any falsification of business records by introducing at least reasonable doubt he had any direct knowledge or involvement. Or indeed that any payments were actually improper.ShareProsecutor Matthew Colangelo closed his direct examination of former Trump Organization executive Jeffrey McConney by asking about a financial disclosure report he prepared for then president Trump for 2017.It drew an objection from the Trump attorney Emil Bove and a sidebar when Colangelo attempted to enter the report into evidence.A courtroom sketch of former Trump Organization controller Jeffrey McConney on the stand on Monday. Photograph: Jane Rosenberg/ReutersMcConney’s testimony this morning appears to have helped prosecutors make headway with one of their key claims against Trump, namely that he was aware of and directly involved in the falsification of records over the reason for his hush money payment to adult movie star Stormy Daniels.Now it’s the turn of Bove to cross-examine McConney, and repair any damage he caused the defense. Already, he has got McConney to concede that Trump did not directly ask him to falsify any records or record anything improperly.ShareUpdated at 18.49 CESTJurors have been shown Trump Organization ledger reports that recorded payments to former Trump fixer Michael Cohen. Multiple repayments were coded to an account as a “legal expense” and the lines say “retainer”.Note that Jeffrey McConney, retired Trump organization executive, has been telling the jury that he never saw a retainer agreement with Cohen in relation to these expenses, so prosecutors are continuing to build the foundation of their argument that the hush money repayment was falsely labeled as legal expenses on business documents.McConney is now being asked if he knows about the Organization for Government Ethics. He said yes, and that as far as he is aware, the Trump Organization had to file an annual disclosure report.“It’s a filing, a conflict of interest form that the government requires certain individuals to file, annually, semi-annually … but the president had to file this form annually,” McConney said.Prosecutor Matthew Colangelo asked whether Trump filed it both as a candidate and president. McConney said that he recalled him filing since declaring his candidacy in 2015 until leaving office in 2021.ShareUpdated at 18.29 CEST



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