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https://twitter.com/KatiePhang/status/1788913876794257614 It’s Day 15 of Donald Trump’s NY election interference trial. We recessed yesterday with Madeleine Westerhout on the witness stand being cross-examined by the defense. We also ended the day with the Court denying Trump’s second Motion for Mistrial, as well as denying his application to amend the gag order. Who will be on deck after Westerhout? We will see!

It is not a made up statute, it does exist: https://apnews.com/article/trump-hush-money-catch-kill-criminal-trial-8b59e858a81feea5700e7bfcc77f1c09 Assistant District Attorney Joshua Steinglass said in court that one of the crimes Trump intended to commit was a violation of a New York election law — a misdemeanor involving a conspiracy to promote or prevent an election.

https://twitter.com/KatiePhang/status/1788676356919693808 MERCHAN: "I disagree that there has been a change in Daniels' story." MERCHAN: You didn’t attack that there was a falsification of business records, you didn't attack any other lines of defense. MERCHAN: You said my client never had a sexual encounter: that pits your client against Ms. Daniels. So the prosecution can rehabilitate her credibility. MERCHAN: “YOUR MOTION FOR A MISTRIAL IS DENIED. I’LL SEE YOU TOMORROW AT 9:30”

https://twitter.com/KatiePhang/status/1788674992122515753 MERCHAN: “Following your motion for a mistrial on Tuesday, I went back to chambers, I pulled out my decisions on both motions for limine, the omnibus decision, and the transcript from Tuesday.” MERCHAN: I went back to make sure that there were guidelines and no inconsistencies and after having done so, I came away satisfied, let me back up – …. Going back to opening statements, Mr. Blanche in your opening statement, you denied there was ever a sexual encounter between your defendant and Stormy Daniels. “Your denial puts the jury in a position of having to choose who they believe: Donald Trump, who denies that there was an encounter, or Stormy Daniels, who claims that there was.” The more specificity Daniels provides the better than can weigh her credibility. MERCHAN: “There were many times, not once or twice, but many times that Ms. Necheles could have objected, but didn’t.” MERCHAN: "Trailer park." I felt that was not necessary but there was no objection but i had it struck from the record , and virtually every one of Necheles objections was sustained

https://twitter.com/KatiePhang/status/1788673119516795282 Steinglass responds: In the Defense Opening Statement: the defense invited the testimony they are now trying to exclude: They claimed in their opening that her story was false but are now trying to exclude the details that corroborate that the story is true. STEINGLASS: “The defense has not alleged anything remotely approaching grounds for a mistrial, and their motion should be denied.”

https://twitter.com/KatiePhang/status/1788667931141792164 On to Issue 3: The Defense's renewed motion for a mistrial. BLANCHE: the idea that the completely made-up encounter with President trump “may have been nonconsensual?” BLANCHE: Before the testimony started we objected again and the Court indicated it would allow testimony about it, but said we don’t need to know the details of the intercourse, and Hoffinger said that’s correct. BLANCHE: We don't need to know the details of what the suite looked like and this is extremely prejudicial testimony, this is not a case about sex. whether or not it happened has nothing to do with this case BLANCHE: “This wasn’t a witness that was out of control.” she was answering the prosecution’s questions MERCHAN: there was an objection and it was sustained. After many of these anecdotes, there were objections that were sustained BLANCHE: But jury still heard the answers, that’s why this is so prejudicial

https://twitter.com/KatiePhang/status/1788664511840346131 The lawyers have returned now that the jury has left for the day. The first issue has been resolved: The prosecution has decided NOT to call Karen McDougal as a witness. The second issue: Trump wants to be able to respond to Stormy Daniels by amending the gag order. BLANCHE: “There’s voters out there and there’s questioners that will ask him questions about it, and he can’t say anything.” BLANCHE: Daniels' friend was on TV last night talking about what happened and corroborating what Daniels said. The prosecution: CONROY: “Modifying the gag order now to attack Ms. Daniels… “let’s not pretend [Trump] wants to engage in high-minded discourse” CONROY: The fact that witnesses are brave enough to come in here, under subpoena and under oath, “Shouldn’t expose them to this defendant’s barrage of threats.” MERCHAN: “My concern is not just with protecting Ms. Daniels or a witness who has already testified. My concern is protecting the integrity of the proceedings as a whole." MERCHAN: I can't take your word for it that it’s going to be low key, that it's not going to be an attack. Because “that’s just not the track record.” MERCHAN: “Your client’s track record speaks for itself. I can’t take your word for it.” MERCHAN: Your application to modify the gag order is DENIED.

https://twitter.com/KatiePhang/status/1788661299804610608 Judge Merchan recesses the jury for the day and they are excused. The lawyers will take a 10 minute break and then return for the legal arguments.

https://twitter.com/KatiePhang/status/1788660379368722773 NECHELES: He had a close relationship with his children? WESTERHOUT: Very close NECHELES: Close and loving relationship with his wife? WESTERHOUT: Yes, he would say honey come to the window so he could see her and wave to her, he wanted to say hi and check in NECHELES: Some days he would work from 6a until very late at night. Taking calls, and meeting with people, reading documents and reviewing them, signing a tremendous amount of documents. WESTERHOUT: (agrees to all of the above)

https://twitter.com/KatiePhang/status/1788659057127031113 Her Direct is finished. Now, Susan Necheles is crossing her. NECHELES: You were very young at the WH and you made mistakes? WESTERHOUT: Yes NECHELES: President Trump forgave you, right? WESTERHOUT: He did NECHELES: After the Access Hollywood tape came out some freaked out like the RNC but Pres Trump did not? WESTERHOUT: Yes

https://twitter.com/KatiePhang/status/1788659057127031113 Westerhout breaks down in tears on the stand as she testifies about her book. WESTERHOUT: “It is called 'Off the Record, my dream job at the White House. How I lost it and what I learned” WESTERHOUT: “I don’t think he was treated fairly and I wanted to tell that story” MANGOLD: Have you spoken to Mr. trump since the publication of the book? WESTERHOUT: Yes

https://twitter.com/KatiePhang/status/1788658484793196569 MANGOLD: trump’s reaction to stormy daniels story? WESTERHOUT: “I remember he was very upset by it.” MANGOLD: Do you recall if mr. trump spoke to michael cohen around the time the story came out WESTERHOUT: I believe they spoke around that time yes MANGOLD: Did you interact with mrs trump WESTERHOUT: I did, yes. WESTERHOUT: “He was my boss but she was definitely the one in charge”

https://twitter.com/KatiePhang/status/1788658077295583452 Westerhout talks about how Trump would approve things as minor as a golf membership while he was in the Oval Office.

https://twitter.com/KatiePhang/status/1788657028790911011 MANGOLD: What is your understanding of how Mr. trump’s personal expenses were handled in 2017? WESTERHOUT: it is my understanding they were handled by checks that were sent from the trump organization to Keith Schiller, and then sent to me for the president to sign. MANGOLD: what did you do when you recived the checks? WESTERHOUT: The checks came in a fed ex envelope, so i opened the envelope and inside is a manilla folder with a stack of checks, and i brought the folder in for him to sign. MANGOLD: Anything other than checks? WESTERHOUT: I didn’t really dig around in the folder, but there were invoices attached to the check sometimes MANGOLD: Did you ever see trump sign check WESTERHOUT: Yes sometimes MANGOLD: Did mr. Trump sign checks by hand? WESTERHOUT: Yes MANGOLD: What happened after mr. trump signed the checks WESTERHOUT: He would give it back to me and i would put it in a prelabeled return envelope and send it back to trump org.

https://twitter.com/KatiePhang/status/1788655758344684012 PEOPLE’S EXHIBIT 319 TEXT MESSAGE BETWEEN HOPE HICKS AND WESTERHOUT WESTERHOUT TEXT TO HICKS: “Hey the president wants to know if you called David pecker again?”

https://twitter.com/KatiePhang/status/1788655273856409680 Westerhout testifies about a 2/5/17 email to Michael Cohen confirming a meeting between Cohen and Trump and asking for the kind of details necessary for admitting a guest to the White House. Westerhout does not specifically recall seeing Cohen when he came, but she agrees the meeting happened.

https://twitter.com/KatiePhang/status/1788654640545902858 Westerhout confirms Trump's contacts list, including Allen Weisselberg, David Pecker, and Michael Cohen, and...Jeanine Pirro.

https://twitter.com/KatiePhang/status/1788653565818323438 Q: How frequently were you in touch with Trump Org A: Rhona and I spoke at least weekly sometimes daily at beginning of 2017. But that drifted off as I got into role. I was an intermediary when Trump had questions for Trump Org employees and vice versa. Rhona and i coordinated on his travel schedule, golf schedule, personal mail, the first family’s schedule, his calendar, his contacts.

https://twitter.com/KatiePhang/status/1788652710348136909 WESTERHOUT: If Dan [Scavino] wasn't available or around, the president would call me in and dictate a tweet to me, and then I would go back to my computer and type it up and print it out, and give it back to him so he could go over it. Westerhout: “[Trump] liked to use exclamation points” MANGOLD: Did he have particular preferences to his posts? WESTERHOUT: Certain words he liked to capitalize including "Country", he liked to use dots for a comma

https://twitter.com/KatiePhang/status/1788652192506765436 MANGOLD: Did mr. trump use social media while he was in the white house? WESTERHOUT: He did yes. Primarily Twitter, now called X MANGOLD: Did mr. trump post tweets himself using that twitter handle? WESTERHOUT: He did yes. MANGOLD: Did he post things himself? WESTERHOUT: Yes MANGOLD: Did anyone else have access to @realdonaldtrump in 2017? WESTERHOUT: My understanding is that Dan Scavino had access. MANGOLD: Did you ever see Mr. Scavino post a tweet without mr. trump’s approval? WESTERHOUT: I didn’t see the president or dan post every single tweet.

https://twitter.com/KatiePhang/status/1788650701960184254 At some point, Westerhout switched her desk further away but still with a direct line of sight to the Resolute Desk. She testified that she developed an understanding of Trump's preferences, his work habits, his social media use, and his interactions with others and his family based on watching him with others. MANGOLD: How many calls did Trump take in a day WESTERHOUT: A lot: “as early as six in the morning.” WESTERHOUT: “he would be on the phone late into the night when i went to bed because i always felt guilty about that.” MANGOLD: Did he use computers or emails? WESTERHOUT: Not to my knowledge, he wanted hard copies. WESTERHOUT: He spent most of the time when he was working , reading, going over documents in the dining room. That was really his working office. MANGOLD: Was there an organization system there? WESTERHOUT: To my understanding, the president knew where things were and he kept things organized but he did have a lot of papers. “I found that he always knew where things were” MANGOLD: Is he the type of person who paid attention to details? WESTERHOUT: “ in my experience yes.” MANGOLD: Signature practices, did he use an automated signature or sign by himself? WESTERHOUT: he signed by himself MANGOLD: particular type of pen? WESTERHOUT: sharpies or pentel felt tip MANGOLD: Did he typically read things before signing them? WESTERHOUT: “Um, y-yes”

https://twitter.com/KatiePhang/status/1788646334121075149 Westerhout was offered her job in the WH in December 2016. MANGOLD: Do you know when [Trump] moved from Trump Tower to White House? WESTERHOUT: January 20, 2017 MANGOLD: did you attend inauguration? WESTERHOUT: I did, yes. MANGOLD: “Did anybody in the White House sit closer to Trump than you did?” WESTERHOUT: “Not in the first few months, no” MANGOLD: Did anyone else sit in the outer Oval with you? WESTERHOUT: Yes, Hope Hicks who was the communications director MANGOLD: Anyone else? WESTERHOUT: John McEntee and Keith Schiller Keith was director of Oval Office operations, and John was personal aide to the president

https://twitter.com/KatiePhang/status/1788645150207398231 MANGOLD: In Oct 2016, did you become aware of Access Hollywood tape? WESTERHOUT: yes, “it was the tape of mr trump and billy bush having a conversation” MANGOLD: What impact did it have? WESTERHOUT: “At the time, I recall it rattling RNC leadership” MANGOLD: Did RNC consider replacing Trump as a candidate? WESTERHOUT: “There were conversations about how to— if it was needed - how it would be possible to replace him as a candidate if it came to that “

Countdown to conservative heads exploding.