Tyler McBrien
@TylerMcBrien
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Managing Editor, @lawfare. Writing in @washingtonpost, @TheAtlantic, @Slate, @LAReviewofBooks, @ForeignPolicy, @MotherJones, @newrepublic, and more.
New York, NY
Joined October 2011
At @lawfare, our searchable table of legal challenges to Trump's executive orders is filling up quickly. Please DM me if we're missing litigation on EOs within our bailiwick. A little crowdsourcing can go a long way.
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A pool reporter notes that, curiously, "when the defense is introduced to the potential jurors seated in the audience, Trump does not stand up like his legal team does to turn and face them.".
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I didn’t see it elsewhere, so I dumped all of the NY Trump trial transcripts into Google Pinpoint to make a simple, searchable archive. Query to your heart's content: (and let me know if it's useful!)
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If you can't tell from my live tweets so far, this contempt hearing doesn't seem to be going well for the defense.
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Good morning from 100 Centre Street for Day 4 of Trump’s NY criminal trial. Yesterday we hit a milestone: a full jury + one alternate. Today, we hope to hit another: empaneling the five more alternates needed before we start oral arguments. Follow for updates 🧵⚖️
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"Keep the outbursts to a minimum, and stay in your seats afterwards until you're given further instructions," a court officer tells us. It is tense. Trump, amazingly, has closed his eyes.
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Some more color for you. When Justice Merchan said to Blanche just a bit ago that "You're losing all credibility," there was an audible gasp from the press.
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The jury has just begun deliberating in Trump's NY criminal trial, but in the event of a guilty verdict, get ready for some very dumb disinformation like this 👇.
Judge Merchan just told the jury that they do not need unanimity to convict. 4 could agree on one crime, 4 on a different one, and the other 4 on another. He said he would treat 4-4-4 as a unanimous verdict.
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After the jurors left, Merchan said just before recess, referencing the emotional exchange: “We all just heard from a very brave woman. So I just want to encourage the press to please be kind. Please be kind to this person.”.
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I think most people thought Costello's testimony would be a disaster—but I'm not sure anyone predicted this.
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NEWS: The jury in the People of New York v. Donald J. Trump find the defendant Donald J. Trump GUILTY on all 34 counts.
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Last week, more than 100 New Yorkers had an opportunity—a legal requirement, actually—to tell Trump to his face exactly how they feel about him. For @MotherJones, I wrote about just how many of the jurors don't like the former president.
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Merchan rules from the bench: DA is not at fault for the late production of materials, Trump suffered no prejudice, DA made good faith efforts in discovery process, and that jury selection will commence on April 15. He concludes, “See you all on the 15th.”.
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They're sworn in and Merchan says, "We expect the trial itself to begin Monday," asking them to return promptly then. Folks, we have a jury in the first criminal trial of a former U.S. president.
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I'm going to revise my earlier tweet calling the contempt hearing a "fender bender." . This is a trainwreck.
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So what exactly happened when Justice Merchan ordered everyone out of the courtroom during *that* tense moment earlier today?. Thanks to Lisa Kramsky, Senior Court Reporter, and the magic of transcripts, now we know. 🧵⌨️.
Merchan, angrily: Are you staring me down right now? . Clear the courtroom, the judge says.
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JUST IN: Trump files a pre-motion letter for recusal of Justice Merchan.
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She leaves, and Merchan says that Trump was muttering audibly, speaking in the direction of the juror while she was at the podium. Merchan's voice raises a bit, he wants to make it crystal clear that he won't tolerate anything of the sort.
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The press and the public don’t know yet who today’s witness is, but the defendant, who found out yesterday, doesn’t seem too happy about it.
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Good morning from Trump’s NY criminal trial where the longest line yet is waiting to hear closing arguments. It’s DAY number….ok, so I lost count. Whatever day it is, I’ll be here, live tweeting it all gavel to gavel for @lawfare. Join me, won’t you? 🧵⚖️
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I'm hearing from a reporter that a member of the public who made it into the courtroom today has been detained. Unclear right now why.
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NEW: Manhattan DA filed its opposition to Trump's motion for a stay pending appeal in the Second Circuit, writing that it's "not only legally unavailable, but also unnecessary in light of the state criminal court’s adjournment of the sentencing." Doc:
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If we get a verdict, it won't be until after lunch. Here's why: jurors want that one last free lunch, and nobody wants to deliver a verdict on an empty stomach. For more hard-hitting legal analysis you've come to expect from @lawfare, stay locked on this thread and @AnnaBower's.
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Q: You bragged about being good at writing dialogue and sex scenes in adult films, right? . "If that story [with Trump] was untrue, I would have written it to be a lot better," Daniels quips, delivering it like a punchline.
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Good morning from 100 Centre St for DAY 6 (incl jury selection) of Trump’s NY criminal trial. I’ll be live tweeting it all for @lawfare alongside @AnnaBower . Follow this thread for updates 🧵⚖️
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Blanche ties to end on this point: we are trying to comply with this gag order. Trump is being very careful. But Merchan cuts in: "You're losing all credibility, I'll tell you right now.".
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These were very real, very threatening attacks on witnesses, so I can't take your word for it, Merchan says, while saying he is still concerned by some witnesses using the gag order as a sword, not a shield. Application to modify gag order is DENIED.
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It’s another beautiful morning at 100 Centre St in Manhattan, as the press gathers for Day 2 of jury selection in the People of the State of New York v. Donald J. Trump. I’m here covering it all again for @lawfare. Follow this thread for updates 🧵⚖️
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After Costello said "jeez" into the mic, Merchan, fires at him, "What did you just say?". "Strike it," Costello responds. That's some chutzpah! Sir, you are not the judge. It's tense in the courtroom.
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NEW: The Manhattan DA filed its response to Trump’s third attempt to recuse Justice Juan Merchan, which it calls “a vexatious and frivolous attempt to relitigate an issue” already twice addressed by the court.
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Good morning from 100 Centre St for Trump’s NY Criminal Trial. Today’s episode will very likely be: “The Michael Cohen Show.” . I’ll be reporting it all alongside @AnnaBower and Ben Wittes for @lawfare, join me, won’t you? 🧵⚖️
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Merchan, angrily: Are you staring me down right now? . Clear the courtroom, the judge says.
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And that's a wrap on Day 3. 13 down, 5 left. Progress!. (Assuming we don't hemorrhage any more empaneled jurors tomorrow, though each side is out of peremptory challenges.).
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NEW: In a letter to Justice Merchan, the Manhattan DA writes that because the federal court rejected Trump's motion for removal, "there is no basis" for his request to stay all state court proceedings as requested in his August 29 letter-motion.
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Merchan says we're moving on, but agrees with the government and references the three theories he will allow the prosecution to pursue re: the predicate. Here they are, as a reminder. Full order:
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Back to Blanche, challenging Seat 16 for cause. Sheets have been distributed, and Merchan, with apologies again for these attempts at humor, describes a caption: "Trump invites the Thai boys to the White House, and the boys request to return to their cave.".
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Sadly I won’t be in court tomorrow but I will leave you in @AnnaBower’s even more capable hands. Here she is scoping out the line (sitters are already here at 11pm) for @lawfare. I’ll be back with Anna on Tuesday though!
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Selfishly, I would love to see testimony from a lawyer so shady that even Michael Cohen didn't trust him.
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It’s a gorgeous morning at 100 Centre St (pictured left), where I’ll be covering Lucky Day 13 for Trump’s hush-money-election-interference NY criminal trial for @lawfare . Join me for the ride 🧵⚖️
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MERCHAN: Mr Costello, I'd like to discuss proper decorum in my courtroom. As a witness on the stand, if you don't like my ruling, you don't say jeez, and you don't say strike it, bc I'm the only one who can do that. And if you don't like my ruling, you don't give me sideeye.
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Before leaving the bench, Justice Merchan says to the gallery, "Let there be no outbursts or exclamations of any kind." . He says he'll be back in a few minutes and steps away. The atmosphere in press overflow is ELECTRIC.
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"It's not making a mockery of the gag order, your honor," Blanche says. Merchan: "Then what is your argument?" . This isn't quite like watching a full blown car accident, but it's certainly like watching a fender bender.
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"There's two systems of justice in this courtroom, is that what you're saying?" asks Merchan. "That's what his message is your honor," Blanche responds.
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Good morning from 100 Centre Street for DAY 3 of jury selection in Trump’s NY criminal trial. Here’s where we stand: 7 jurors, 11 to go. This morning we’re starting fresh with the second panel of 96 jurors, who were already been sworn in on Tuesday. Follow for updates 🧵⚖️
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We've gone pretty late tonight, Merchan says (no kidding), so we'll begin tomorrow at 10am. As he delivers his end-of-day pro forma instructions, allow me to thank you too, dear reader, for sticking with me during this marathon of a day. I'll see you, as always, tomorrow.
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"Everyday, I clean my local dog park, morning and evening," one juror says. He says it's meditative. I'll go on the record and say it right now: New York City has some of the greatest people in the world.
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Trump posted during the break about Justice Merchan, which is allowed under the gag order.
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I, for one, will be very much looking forward to reading this sidebar in the transcript later.
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Good morning from 100 Centre St for DAY 14 of Trump’s NY criminal trial and the second day of Stormy Daniels’ testimony. It’ll be a packed house today. I’ve never seen this many reporters line up this early. I’m here for @lawfare (if I get in!) 🧵⚖️
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It’s a foggy, misty morning at 100 Centre St, where I’m waiting to enter the courtroom for Day 10 of Trump’s NY criminal trial. I’ll be reporting it all today, alongside @AnnaBower and Ben Wittes, for @lawfare. Join me! 🧵⚖️
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It’s a beautiful morning at 100 Centre Street in Manhattan. I’m waiting in line with members of the press to attend the first criminal trial of a former president, Donald Trump, for @lawfare. Follow this thread for updates 🧵⚖️
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Necheles asks Daniels about her extensive experience in the adult film industry—. Q: You have a lot of experience in making phony stories about sex appear to be real right? .A: Wow. The sex in the films is very much real, just like what happened to me in that room.
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Good morning from 100 Centre St for what could be the final week of Trump’s NY criminal trial. I’ll be reporting it all for @lawfare, alongside @AnnaBower, @qjurecic, and Ben Wittes. Join me, won’t you? 🧵⚖️
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The video feed turns on, and we see Costello on the stand, frowning ahead. It's such an absurd image, him sitting there mugging at the camera, that press in the gallery start to laugh.
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Good morning from 100 Centre St for verdict watch in Trump’s NY criminal trial. We’ll start with a rereading of the jury instructions and a readback of select testimony, and then, we wait. Turn your notifications on, today might be the day. Then again, it also might not!
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Merchan jumps to exhibit 10, the Jesse Watters one, and points out that this wasn't a repost at all. "He had to sit there, use quotation marks, [and] the shift key," Merchan says.
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The pool reporters in the courtroom with Trump say that it is, in fact, still quite chilly in there. Hopefully there's a potential juror still left who's an HVAC specialist too.
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Good morning from 100 Centre St for DAY 20 of Trump’s NY criminal trial. Yesterday, we made it through the prosecution’s case-in-chief. But we’re not through just yet. Today, Costello is back on the stand. I’m here reporting it all for @lawfare. Join me, won’t you? 🧵⚖️
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Apparently, Trump has deleted that post from his Truth Social account. But, AP is reporting that today's witness will be STORMY DANIELS.
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Merchan chastises Blanche for the prison comment as Someone who's been a prosecutor and defense attorney as long as he has, Blanche should know it's highly inappropriate, simply not allowed—period—and hard for him to believe that was accidental. He will give curative instruction.
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On the blacking out comment, for some reason, I don't know why, you went into it ad nauseam on cross-examination, Merchan says, drilling it into the jury's ears over and over.
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"You remind me of my daughter because she is smart and blonde and beautiful and people underestimate her as well," Daniels says Trump told her during a conversation at dinner involving Trump's suggestion that Daniels go on the Apprentice.
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This decision: .- Keeps the current gag order in place.- Finds Trump in criminal contempt for violating the order 9 times.- Threatens jail time if necessary.- Fines Trump $9,000, to be paid by May 3.- Orders Trump to remove the 7 Truth Social posts and 2 campaign website posts
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An 11-year-old.
UPDATE: Secret Service agents — not ICE — were denied entry at a Chicago school despite initial CPS reports, a CPS source said. Secret Service agents were looking for an 11-year-old who posted an anti-Trump video, the source said.
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Necheles goes in for the kill: "Isn't the reason you changed your story many times is because you never had an affair with President Trump, and that you've been making money off that story for 12 years?". Objection—sustained. Sidebar.
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"I have been making money about telling my story about what happened to me," Daniels says. Q: And what happened to you is having sex with Trump?.A: Yes.Q: And it's making you a lot of money?.A: It's also costing me a lot of money.
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Still, with both sides out of their 10 peremptory challenges, getting to the full 18 (12 jurors + 6 alternates) by the end of the day seems entirely possible. Merchan runs a tight ship.
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Per the pool, Trump entered the courtroom around 9, called the trial rigged and said Bragg, who attended Harvard for college and law school, was “not smart enough to represent himself… like Letitia James.” He said he should be campaigning in PA, GA and NC instead of in court. .
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During the Merchan-Costello standoff earlier, I couldn't help but wonder if Costello was putting on his tough guy act bc he was treating his testimony like an interview for a future job on Trump's legal team. But that's just speculation.
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I got the golden ticket! . Thanks for your concerns — I’ll make it inside shortly.
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We flashback to July 2006, a celebrity golf tournament, while she was still employed by Wicked Entertainment, which was a sponsor. "It was funny, one of the adult film companies sponsoring one of the holes," Daniels jokes.
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Daniels repeats herself: My own insecurities in that moment kept me from saying no. Your story has completely changed hasn't it? asks Necheles. No, you're trying to make me say that it changed, but it hasn't changed, Daniels fires back.
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Necheles is stern, consistent, in her questioning. Daniels holds her own, often looking directly at the jury when she answers Necheles' relentless questions.
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Re: the the prosecution’s request to have Trump held in contempt, Merchan says he will hold a hearing on the issue on Weds, 4/24 at 2:15pm.
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The press is still seated in overflow but the rest of the press from the courtroom is just hanging in the hallway, having been cleared per Merchan's order.
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It’s a misty morning here at 100 Centre St for DAY 18 of Trump’s NY criminal trial. This morning, Cohen is back on the stand. I’ll be reporting it all alongside @AnnaBower for @lawfare. Join me, won’t you? 🧵⚖️
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A lone protester arrives, ringing a bell and holding a wooden cross aloft. He leaves in the time it takes me to compose this tweet.
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As @KlasfeldReports points out here, Trump's alleged contempt violations are already biting him—Merchan emphasized the 10 contempt counts against him in that last exchange regarding witness lists, and we haven't even had the hearing yet.
When folks ask whether Trump's alleged gag order violations will have consequences, this shows they already have. 🔽.
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Merchan says: What you shoulda done, is probably said my client is thinking of reposting things, it's not really clear in the gag order, so Judge Merchan is that allowed? But you didn't. He'll reserve judgment on this, and we're about to take a quick break.
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On break, as I read the recently announced winners of the 2024 Pulitzer Prize, I am dismayed at the fact that there is still no category for excellence in live-tweeting a judicial proceeding. Maybe next year ☹️.
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Merchan seems genuinely concerned as he asks if she'd like to approach the bench to discuss this more privately. She was summoned for jury duty as recently as January, and had to go through this then. It sounds like a very painful experience that she now keeps having to recount.
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SPOTTED: several men saddled with bags of McDonalds headed into the courtroom.
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In addition to picking the remaining 5 alternates, we should also expect a Sandoval hearing, during which Merchan will determine what prosecutors can ask Trump, should he choose to testify.
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Merchan is now discussing Trump's right and wish to be present at sidebars. Apparently Trump has changed his mind since yesterday, and will now waive his right to be present at sidebars.
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So it's your client's position that when he was reposting these things, he was not violating the gag order?. Are you testifying under oath that's your client's position? Merchan asks Blanche.
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CORRECTION: I was typing too fast—Daniels said Trump was NOT wearing a condom during the encounter, and that that concerned her. My apologies.
Q: Did you touch his skin?.A: Yes.Objection, sustained. Q: Was he wearing a condom?.A: Yes.Q: Was that concerning to you?.A: Yes.Q: Did you say anything about it?. A: No, I didn't say anything at all.
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11:03 a.m. both sides are back at their respective tables as we wait for Merchan to return to the bench.
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He also notes that where there were objections and motions to strike testimony, he granted them. He also notes that he was surprised there weren't more objections—at one point the court suasponte objected when the defense did not.
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One juror says she has subscribed to the New York Times for most of her adult life, but add, “Mostly for the crossword.” No mention yet of Wordle, Connections, and Spelling Bee.
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Stienglass focuses on one: TED CRUZ SEX SCANDAL—5 SECRET MISTRESSES. I don't remember the details of it, Pecker says, but remembers it and discussing it with Cohen.
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Trump walks out, his entourage in tow. He doesn't look happy. See you all after lunch.
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While we wait, a sign off text from the legendary Line Dudes:
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It's also been heartening to learn about some potential jurors' discerning media consumption. One juror had an "interesting routine," he says, "I listen to NPR and Fox News in a single walk" to get both sides, the juror says. "They're remarkably different.".
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Now I too, want to take a moment to thank you, Steinglass says to the jury, and you've really been remarkable. I know this has been a really long summation, and I apologize for trading brevity for thoroughness, but we only get one shot at this.
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Q: You understand that in this case, Trump is charged with a crime for how a payment reimbursing Cohen is "labeled" on Trump's books?.A: I'm not an attorney. Q: Even though you tweeted and celebrated about his indictment? .A: There were a lot of indictments. (Another big laugh).
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Blanche mentions two potential violations that the DA didn't bring up. That suggests that somehow the people or the court does not take action on a violation, that the gag order is waived, that's just silly, Merchan says. That doesn't negate the validity of the gag order.
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This is the first Blanche is hearing of it, so he requests the names of the first three witnesses. Steinglass says that's usually a courtesy, one he doesn't want to extend bc Trump has been tweeting about the witnesses. Merchan says he can't fault them for that, won't order it.
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