Transcript of Trump Manhattan Trial, May 14, 2024 (2024)

ProceedingsSUPREME COURTCRIMINAL TERMNEW YORK COUNTYPART 59THE PEOPLE OF THE STATE OF NEW YORK-againstDONALD J. TRUMP,Defendant.:3503INDICTMENT #71543/2023Falsifying BusinessRecords First DegreeBEFORE:100 Centre StreetNew York, New York 10013May 14, 2024HONORABLE JUAN M. MERCHAN,JUSTICE OF THE SUPREME COURTAPPEARANCES:FOR THE PEOPLE:ALVIN L. BRAGG, JR., ESQ.New York County District AttorneyBY: JOSHUA STEINGLASS, ESQ.,MATTHEW COLANGELO, ESQ.,SUSAN HOFFINGER, ESQ.,CHRISTOPHER CONROY, ESQ.,REBECCA MANGOLD,ESQ.,KATHERINE ELLIS, ESQ.,Assistant District AttorneysFOR THE DEFENDANT:BLANCHE LAWBY: TODD BLANCHE, ESQ.EMIL BOVE, ESQ.KENDRA WHARTON, ESQ.STEPHEN WEISS, ESQ.NECHELES LAW, LLPBY: SUSAN NECHELES, ESQ.GEDALIA STERN, ESQ.SUSAN PEARCE-BATESPrincipal Court ReporterLAURIE EISENBERG, RPR, CSRLISA KRAMSKYTHERESA MAGNICCARISenior Court ReportersLisa Kramsky,Senior Court Reporter

L2M4сл७Proceedings3504THE CLERK:Calling People of the State of New Yorkversus Donald J. Trump, Indictment Number 71543 of 2023.Appearances. Starting with the People.MR. STEINGLASS: For the People, Assistant DistrictAttorneys Joshua Steinglass, Susan Hoffinger, MatthewColangelo, Becky Mangold, Christopher Conroy and Katherine7Ellis.8の10my left.Necheles.Good morning,everyone.THE COURT: Good morning, People.MR. BLANCHE: Good morning, your Honor.Todd Blanche for President Trump, who is seated toI'm joined by Emil Bove, Kendra Wharton and SusanTHE COURT: All right. Good morning, counsel.Good morning, Mr. Trump.Is there anything that we need to go over before wecall a witness?111213141516171819202122232425MR.MR. STEINGLASS: Yes, please.May we approach?THE COURT: Sure.(At Sidebar.)THE COURT: Yes.STEINGLASS:A couple of things, Judge.Lisa Kramsky,Senior Court Reporter

Proceedings350512345७First of all, we had indicated that, potentially,that we would call another witness, that was going to beanother book publisher, but we've decided that we reallydon't need to do that.So, Mr. Cohen will be the last witness.Related to that, I don't know how longMr. Blanche's cross-examination will be, but I think thatit's highly likely that we will get to the defense case,such as it is, on Thursday.And we don't know who the defense witnesses are,except for an expert witness and potentially Mr. Trump.They've indicated that the only other witnessesthat they intend to call are impeachment witnesses.789101112131415161718192021are.Under 245.20 (4) (b), we are entitled to know thatat the end of whatever witness' testimony they are seekingto impeach.So I understand that we haven't gotten there yetwith Michael Cohen, but if there are any other impeachmentwitnesses that they intend to call to impeach one or otherof our witnesses, we would like to know who those witnesses22232425I think we're entitled to know who they are.Also, for planning purposes, we are entitled tohave our potential rebuttal expert present for any experttestimony that they may proffer on their case.Lisa Kramsky,Senior Court Reporter

Proceedings3506L2M41010786And so,we would like to know when the expert willtestify so that we can makeour expert is not local, sowe can make travel arrangements, so that we don't have tohave an unnecessary delay.THE COURT: Okay.MR. BLANCHE: All fair.We do not have any rebuttal witnesses as of now.THE COURT: You don't have any?MR. BLANCHE: We do not have any rebuttal witnessesas of now, pending the testimony of Mr. Cohen.I believe the cross will continue until the end ofthe day Thursday.If it even finishes, it will be very near the endof the day and presumably there will be redirect.As for our expert, we have communicated with himand expect him to be here over the weekend.101112131415161718192021222324him.25chargeBut whether we call him depends, in part, on thewe submitted the charge, just this morning, so Iknow you haven't read it yet.And so, what we would hope to be able to do is toat least have some discussion about that before we begin ourcase, presumably, on Monday.Because, depending on the ruling, we may not callTHE COURT: That's a little tricky. I have to goLisa Kramsky,Senior Court Reporter

L2M4сл1078610Proceedings3507back and read the CPL, I believe the pre-charge conference,while it comes before summationMR. BLANCHE:Yes.THE COURT:I think normally it comes at the endof the case.So you are kind of basing your evidence on what Idecide as far as charges, and we may not know a finaldecision until we have the pre-charge conference.MR. BLANCHE: Well, maybe I should rephrase.We--if we can have an opportunity to argue ordiscuss what we anticipate our expert will testify to, get aruling from the Court, your Honor already ruled, but therewas somewe believe, given where we are now, we at leastneed to address it again.So maybe it's not a charge conference.THE COURT: Fine. We can do that.MR. BLANCHE: My point is, I think they'retravelling over the weekend.And as far as their expert, I don't believe that wewould have him take the stand before Monday.THE COURT: And do you have any indication whetheryour client is going to testify?111213141516171819202122232425MR. BLANCHE:No.THE COURT: No determination yet?MR. BLANCHE: No.Lisa Kramsky,Senior Court Reporter

LProceedings3508MS. HOFFINGER:And you also gave us notice of Alan2M4сл1078の10Garten.MR. BLANCHE: No, we don't anticipate the callingof Alan Garten.THE COURT: So, if I understand you correctly, youronly witness on defense, that you know of right now, is theexpert possibly?MR. BLANCHE: Correct.THE COURT: And maybe not.MR. BLANCHE: And maybe not.Honestly, Judge, depending on how that conversationgoes, because of the limited nature of his testimony, we maynot call him.THE COURT: Okay.MR. BLANCHE: And we will, obviously, let them knowto save the flight of their expert.THE COURT: Well, we can certainly have thatconversation to assist you in making your decision.111213141516171819202122232425would be seeking a limiting instruction.MR. BLANCHE:MS. HOFFINGER:Absolutely, sure.One other quick issue.We gave notice to defense counsel on Sunday ofincidents that we intended to seek to admit with Mr. Cohen.There were defense counsel has not objected toany of them, but with respect to two, indicated that theyLisa Kramsky,Senior Court Reporter

12Proceedings3509Those are two exhibits, one which is Mr. Cohen'sattorney's letter in response to an FEC complaint and345७7891011121314151617181920212223Mr. Cohen's public statement in response to an FECcomplaint.And they've asked for a limiting instruction, Iguess, along the lines of the prior instruction that yourHonor gave.We do have a draft of that instruction.It's not going to come up just yet, but a littlebit later today, but we thought it made sense to perhaps goover it now.THE COURT: Have you had a chance to review it?MS. HOFFINGER:No.I just gave it to defense.THE COURT: Okay.MR. BLANCHE: I need to do look it.THE COURT: Once you look at it, and if you agree,to please let me know and also let me know when you want meto give it.MR. BLANCHE: Also, your Honor, assuming thatMr. Cohen testifies this morning around his guilty plea forFECA, we would ask your Honor to give that limitinginstruction.And I think we have a copy of it.THE COURT: No, I have a copy of it.2425MR. BLANCHE:Thank you.Lisa Kramsky,Senior Court Reporter

M. Cohen Direct/HoffingerL2MS. HOFFINGER: Thank you.(Sidebar concluded.)3THE COURT: All right.May we get the witness,4please.слTHE COURT OFFICER:1078Witness entering.(The witness, Michael D. Cohen, enters thecourtroom and resumed the witness stand.)351061011121314THE COURT: Good morning. Mr. Cohen. I remind youthat you are still under oath.please.THE WITNESS: Yes, sir.THE COURT: All right. Thank you. Get the jury,MR. BLANCHE: Your Honor, that proposed charge is15okay.1617THE COURT: Okay. So I leave it to you to let meknow when you would like me to give it.18MR. BLANCHE: Yes, your Honor.19THE COURT: All right.20THE COURT OFFICER: All rise.Jury entering.21(Jury enters.)22*2324THE COURT: You may be seated.THE CLERK: Do both parties stipulate that all25jurors are present and properly seated?Lisa Kramsky,Senior Court Reporter

12345People.७7M. Cohen Direct/Hoffinger3511MR. STEINGLASS: Yes.MR. BLANCHE: Yes.THE CLERK: Thank you.THE COURT: Good morning, jurors. Welcome back.MS. HOFFINGER: Thank you, your Honor.8910CONTINUED CROSS-EXAMINATIONBY MS. HOFFINGER:Good morning, Mr. Cohen.11AGood morning.12131415When we left off yesterday, we were talking about yourmeetings with Mr. Trump and Mr. Weisselberg concerning the planfor the reimbursem*nts.Do you remember that?16AI do.17181920MS. HOFFINGER: I would like to please put upPeople's 39 in evidence.(Displayed.)Do you recognize that email, Mr. Cohen?21AI do.2223A24"Mike"--25Would you read it for the jury, please?It's an email from Jeff McConney to me saying:I'm sorry,on February 6th of 2017: "Mike, just areminder to get me the invoice you spoke to Allen about.Lisa Kramsky,Senior Court Reporter

L234сл10M. Cohen Direct/Hoffinger3512Thanks, Jeff."And just as a reminder, what was Jeffrey McConney's jobat the time?AController.Q And who did you report to?AAllen Weisselberg.7810And I think you mentioned yesterday thatMr. Weisselberg had discussed with you the invoices that youshould send for the reimbursem*nt payments?10AYes.1112Q And, at the point when you received this email, did yousend the invoices right away or a little bit later?13AA little bit later.14QLet me direct your attention now to a few days later,15161718Q19February 8th.that day?MS. HOFFINGER: Thank you.You can take that down.February 8th of 2017. Did you visit the White House on20AI did.21And why--22while you were visiting the White House, didyou have a private conversation with then President Trump?23AI did.2410First, where did the conversation take place?25AIn the Oval Office.Lisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger35131Q2Did you discuss in the Oval Office the reimbursem*ntpayments that were going to be made to you?3AYes, ma'am.451067810101112ACan you tell the jury a bit about that conversation?So I was sitting with President Trump and he asked meif I was okay.He asked me if I needed money, and I said, no, all good.He said, because I can get a check.And I said, no.I said, I'm okay.He said, ummm, all right, just make sure you deal withAllen.Q Did he say anything about anything that would beforthcoming?131415AExcuse me?16QDid he say anything about what would be forthcoming to17you?18AYes. It would be a check for January and February.19QAnd so,20at that point in time, you had not yet beenreimbursed for the payments that you made to Stormy Daniels?21ANo, ma'am.22QAnd did you take any photos commemorating your visit to23the White House?24AI did.25Why did you do that?Lisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger3514L2M4слAVisiting the White House.MS. HOFFINGER: Can we put up People's 253 inevidence, please.(Displayed.)Q Do you recognize that photo, Mr. Cohen?10A786I do.And can you tell the jurors when you took that photoand where you were?A On the same day, and that's in the briefing room rightoutside of the Oval Office.1011QAnd did you take that photo before you met with12President Trump or after you met with him?13ANo, ma'am, after.141516Now, did you also put a page in your electroniccalendar indicating that you had a meeting with the President ofthe United States on that day?17AI did.1819And do you always put meetings and appointments in yourelectronic calendar?20ANo, ma'am.21Why did you put one in that day?22ASo if--to commemorate seeing President Trump at the2324White House.MS. HOFFINGER: Can we put up now, please, People's25254 in evidence.Lisa Kramsky,Senior Court Reporter

L2345M. Cohen Direct/Hoffinger3515(Displayed.)MS. HOFFINGER: And blow it up just a little bit.Thank you.(Displayed.)Q Do you recognize that calendar entry saying "Meetingwith POTUS?"1067AI do.86101112AWhat does POTUS stand for?President of the United States.And is that an exact copy of your electronic calendar,that appointment?A Yes, ma'am, it is.13MS. HOFFINGER:You can take that down.14QNow, about a week after your meeting with President1516Trump at the White House, did Mr. McConney send you anotheremail reminding you about the invoices?1718AHe did.MS. HOFFINGER: Can we put up People's 37A in19evidence, please.20(Displayed.)21QAnd canwe go to Page 3 of the email from22MS. HOFFINGER:Can you make that a little bit23bigger.24(Displayed.)25Now, can you--is this a response that you see on yourLisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger3516screen to the prior email that we saw from Mr. McConney2 reminding you to send the invoices that you had spoken to Allen3about?4AYes, ma am.'510678610And would you read that for the jury and just the dateand who it's from and to?ASo this is from me to Jeff McConney, on February 14th,of 2017, regarding two dollar signs."Jeff, sorry for the delay, and thank you for the reminder.Please have the monthly checks for January and February madehope you11 payable to Michael D. Cohen, Esquire and sent to... . .12are well and see you soon."1314Q And you didn't reference invoices here, just that theyshould send you the checks?15ACorrect.16QWhy is that?17ABecause there was no need. There was no invoice.18MS. HOFFINGER: Can we scroll up now to1920Mr. McConney's response to Mr. Cohen's email.(Displayed.)21QDo you want to read that?22AThat's from Jeff McConney to me on February 14th of232017.24"Mike, please send me invoices so I can have the checks cut.25 Thanks, Jeff."Lisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger3517Can we now put up Mr. Cohen'sL234AMS. HOFFINGER:response to that email.(Displayed.)From me to Jeff. Again, Tuesday, February 14th,5 regarding the two dollar signs.10"Jeff, please remind me of the monthly amount?"78At that point, had you--did you not have--why were61011you asking for the monthly amount?A I actually didn't remember it. I didn't have a copy ofthe document that I had worked on with Allen Weisselberg andthen presented to Mr. Trump.12QIf you had a Retainer Agreement, would it have had a13monthly amount in it?14AYes, ma'am.15But there was no Retainer Agreement?16ANo, ma'am.17MS. HOFFINGER:Can we put up Mr. McConney's18response for Mr. Cohen.19(Displayed.)20AFrom Jeff McConney to me. In response:"35,000 per21month."22232425Thank you.MS. HOFFINGER: Now, can we show Page 2.(Displayed.)MS. HOFFINGER: Mr. Cohen's response to invoice.Lisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger35181And can you describe for the jury, what's on the2screen?3AThis is my email to McConney--Jeff, on the same day,67891011121314151617184 February 14th of 2017.150I created an invoice, put Michael D. Cohen Esquire. Therewas an address, dated February 14th. And I called the documentinvoice.--I sent it to Allen Weisselberg, care of and I sent it byemail, care of Donald J. Trump, 725 Fifth Avenue, New York, NewYork, 10022.Stating: "Dear Allen, pursuant to the Retainer Agreement,kindly remit payment for services rendered for the months ofJanuary and February, 2017."Then I indicate for January, 2017, $35,000 fee. And forFebruary, 2017, the same $35,000 amount."Thank you. Michael Cohen."And, thereafter, did you send monthly invoices,essentially similar, to this invoice?19AYes, I copied and pasted.2021And was this invoice consistent with the directionsthat you had been given by Allen Weisselberg?22AYes, ma'am.23Now, the invoice here says "For services rendered."24The date here is--what is the date on this invoice?"25AFebruary 14th of 2017.Lisa Kramsky,Senior Court Reporter

M. CohenDirect/HoffingerL23QAnd does the invoice say that it's for not onlyservices rendered in the month of January, but also servicesrendered for the month of February of 2017?35194AYes, ma am.5QAnd, in truth, was this invoice for any services that1067you had rendered for those two months as indicated pursuant to aRetainer Agreement?810MR. BLANCHE:Objection.THE COURT: Overruled.10A11Q12No, ma'am.And the description of "pursuant to a RetainerAgreement,"was that a truthful statement?13ANo, ma'am.14Q1516A17181920And for "services rendered," was that a truthfulstatement?No, ma'am.What was the true purpose of this invoice and thesubsequent invoices that you sent?A The reimbursem*nt to me of the hush money fee alongwith the Red Finch and the bonus.21Was this invoice a false record?22AYes, ma'am.2324--And did you continue to submit similar false invoicesthrough the month monthly, through the month of December of252017 so that you would receive those checks?Lisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger1AYes, ma'am.23Q And did each of those monthly invoices that yousubmitted make the same false representation that it was4rendered--it was for services rendered for the month in5question pursuant to a Retainer Agreement?3520AYes, ma'am.78And on each of the occasions that you sent thoseinvoices, who were they directed to?9AAllen Weisselberg.1011A12And how did you submit them to Mr. Weisselberg?Via email.And who were the emails to?13AAllen Weisselberg.1415Were they emailed to anyone else other thanMr. Weisselberg?1617AMaybe also to Jeff McConney on occasion.And have you had an opportunity to review each of the1811 invoices and the accompanying emails that you submitted to1920Allen Weisselberg, and on some occasions also to Jeff McConney,that are contained in People's Exhibits 37 A through K?21AYes, ma'am.222324And, in truth, were any of those invoices that yousubmitted based on services performed for the months indicatedpursuant to a Retainer Agreement?25ANo, ma'am.They were for reimbursem*nt.Lisa Kramsky,Senior Court Reporter

LM. Cohen Direct/Hoffinger3521MS. HOFFINGER: Can we take a look, please23OT5actually, withdrawn.QIn response to those 11 false invoices, similar to thisone that you sent, did you receive seven checks in the year 2017totaling $420,000?10A7QI'm sorry, how many checks?Eleven. A total of 11 checks in the year 2017 totaling8 $420,000?6AYes, ma'am.10MS. HOFFINGER:And can we now put up People's1112Exhibit 4 in evidence.(Displayed.)13QCan you tell the jury what this is, referring to1415161718Exhibit 4?AThis is a check that was sent to me for $70,000, whichwas for the month of January of 2017 and for the month ofFebruary 2017, along with the stub that came with it.So when you received this check, it had a stub attached19to it?20A2122One of the stubs.And this was in response to the invoice that you sentthat we just looked at, People's 37A?23AYes, ma'am.24Q25And I want to direct your attention to the check stub.MS. HOFFINGER: If you could blow up one of theLisa Kramsky,Senior Court Reporter

M. Cohen Direct/HoffingerL23check stubs.It says "Retainer for January 1, 2017 throughJanuary 30th, 2017, and retainer for February 1, 2017 throughFebruary 28th, 2017."35225Again, was there a retainerwas this a retainer for those106months?7A80No, ma'am.And was the check were the descriptions here on thischeck stub false?10AYes.11QAnd, again, there was no Retainer Agreement; is that12right?13AThat's correct.14MS. HOFFINGER:Can we take a look at the signature15161718Qon the check now.Blow that up.(Displayed.)Do you recognize the signatures on the check?19AYes, ma'am.20Whose do you recognize them to be?21AThe oneon the top, I believe, is Eric Trump's, and the22one2324on the bottom is Allen Weisselberg.And who is the check from? In other words, whataccount is it drawn on?25AThe check is drawn from Donald J. Trump Revocable TrustLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger3523L23account.And at the time, did you know who the beneficial ownerwas of the Donald J. Trump Revocable Trust?4сл10786AYes, ma am.'Who was that?ADonald J. Trump.MS. HOFFINGER:Thank you.evidence.You can take that down.Can we now take a look at People's Exhibit 37B in1011(Displayed.)12MS. HOFFINGER:And if we could blow up the top of13that.14Thank you.1516A1718Can you tell us the date of that invoice?February 16th of 2017.Take a look at the body of the invoice, and could youjust let us know if that date at the top, February 16th, was a19typo?20AYes, it is.21What was it meant to be?22AMarch.23And could youcan you please just read what's in the24invoice?25AYes.I probably should have copied and pasted better.Lisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger35241This is an email from me to Jeff McConney and CC'd--well,2I should say as well as to Allen Weisselberg.3And the body states:51067"Invoice." To Allen Weisselberg, careof Donald J. Trump, again at 725 Fifth Avenue. New York, NewYork 10022."Dear Allen, pursuant to the Retainer Agreement, kindlyremit payment for services rendered for the month of March,82017."Then again stating: "March, 2017 $35,000.Thank you.10Yours."1112Q And, in fact, was this payment for services renderedfor the month of March pursuant to the Retainer Agreement?13ANo, ma'am.14Was that invoice false?15AYes, ma'am.1617Thank you.MS. HOFFINGER: Can we put up People's Exhibit 7,18please.192021(Displayed.)Q Did you receive this check for $35,000 in response tothat false invoice that we just saw in People's 37B?22AI did.23MS. HOFFINGER: And can we blow up, please, one of24the attached stubs.25(Displayed.)Lisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger3525And you notice it says "Retainer for March 1st throughMarch 31st, 2017."1234ANo, ma'am.Was this, in fact, a retainer for that month?15167A89101112QWas the description in this check stub a falsestatement?Yes, ma'am.Do you recognize the signaturesMS. HOFFINGER: Thank you.Can you blow up the check.(Displayed.)Do you recognize the signatures on this check?13AI do.14Whose signatures are they?1516A I believe the top one is Don Junior'sTrump, Jr.Donald J.17181920212223And the bottom is, again, Allen Weisselberg.Thank you.MS. HOFFINGER: We can take that down.Can we now put up People's 37C in evidence.(Displayed.)MS. HOFFINGER: Maybe blow it up a little bit.And, Mr. Cohen, can you read it.24The year and date?25AThe date is April 13th of 2017.It's to AllenLisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger35261234Weisselberg.Care of Donald J. Trump, 725 Fifth Avenue. NewYork, New York 10022."Dear Allen, pursuant to the Retainer Agreement, kindlyremit payment for services rendered for the month of April,52017."Again, it's showing: "April, 2017 $35,000.Thank you."789Q Does this invoice falsely state that it's payment forservices rendered during the month of April pursuant to theRetainer Agreement?10AYes, ma'am.1112AIs that a false record?Yes, ma'am.13MS. HOFFINGER: Can we please take that down and1415161718A19202122put up People's Exhibit 10.(Displayed.)Did you receive this check for $35,000 in response tothat false invoice that we just saw, People's Exhibit 37C?Yes, ma'am. The check and the stub.Thank you.MS. HOFFINGER: And can we just blow up the stub.(Displayed.)And can you read what the description says?23AThe description states retainer 4/1 through 4/30 of242017.25QIn truth, was that check paid to you as a retainer forLisa Kramsky,Senior Court Reporter

12m4OT10M. Cohen Direct/Hoffingerthat month of April 2017?ANo, ma'am.3527Again, reimbursem*nt.AAnd so,was the description on the check stub false?Yes, ma'am.MS. HOFFINGER: Can we look at the signature on thecheck, please.78AYes.61011A12(Displayed.)Do you recognize that signature?I do.Whose signature is it?13ADonald J. Trump.1415Q And were you able to recognize it based on yourexperience working for him all those years?16AYes, ma'am.171819MS. HOFFINGER: We can take that down.Thank you.Q Now, did you receive a total of eight more monthly20 checks for $35,000, each signed by Mr. Trump, corresponding to2122the monthly false invoices that you sent contained in People's37D through K?23AI did.2425And those eight monthly checks that you received, werethey all accompanied by check stubs that falsely stated theyLisa Kramsky,Senior Court Reporter

12M. Cohen Direct/Hoffingerwere retainers for the months in question?AYes.3528351078610111213141516And were any of those checks, in fact, for work duringthe months described in those check stubs?AANo, ma'am.MS. HOFFINGER: Can we take a look, please, at 37D.(Displayed.)Can you read that invoice, please, for the jury?Dated May 22nd of 2017. Invoice to Mr. AllenWeisselberg, care of Donald J. Trump, 725 Fifth Avenue, NewYork, New York, 10022."Dear Allen, pursuant to the Retainer Agreement, kindlyremit payment for services rendered for the month of May, 2017.May, 2017 $35,000.Thank you."And did that falsely state that it was payment forservices rendered in the month of May pursuant to a Retainer17Agreement?18AYes, ma'am.19MS. HOFFINGER: Can we please put up People's20212223Exhibit 13.(Displayed.)Q Did you receive that check for $35,000 in response tothe false invoice that we just saw for People's 37D?24AI did.25MS. HOFFINGER: Can we pull up one of the checkLisa Kramsky,Senior Court Reporter

L2M. Cohen Direct/Hoffingerstubs, please.(Displayed.)35293Does that check stub say Retainer, May 1st--does itsay "May, 2017?"5AYes, ma'am.10Q I apologize, it's hard for me to read it from here.7 And, again, was this check paid to you as a retainer for that8month?10ANo, ma'am.10Was the description on this check stub false?11AYes, ma'am.1213please.Can you just take a look at the signature on the check,1415(Displayed.)Do you recognize the signature on the check?16AI do.17Whose signature is it?18ADonald J. Trump.19MS. HOFFINGER:Can you please take that down and2021put up People's 37E.(Displayed.)22MS. HOFFINGER:Can you make it any bigger.232425Thank you.(Displayed.)Can you read that invoice, please?Lisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger35301AThis invoice was for the month of June. It states:2June 16th of 2017.Invoice. Mr. Allen Weisselberg, care of3Donald J. Trump.725 Fifth Avenue, New York, New York, 10022.45678$35,000.91011A121314"Dear Allen, pursuant to the Retainer Agreement, kindlyremit payment for services rendered for the month of May, 2017and June, 2017."It listed, again, "May, 2017 $35,000" and "June of 2017,Thank you."Now, you listed two months in that.Is that because you had not yet received the check for May?That's correct. I believe it was lost.And does this invoice falsely state that it's forservices rendered during the months of May and June pursuant toa Retainer Agreement?15AYes, ma'am.161718192021Thank you.MS. HOFFINGER: You can take that down and now putup People's Exhibit 16.(Displayed.)Q Did you receive this check for $35,000 in response tothe false invoice you sent that we just looked at in People's22 Exhibit 37E?23AYes, ma'am.24The check and the stub.25QAnd can you see whose signature is on the check?Lisa Kramsky,Senior Court Reporter

L234OT107AI do.M. CohenDirect/Hoffinger3531Whose signature is it?ADonald J. Trump.MS. HOFFINGER:Can we look at one of the checkstubs, please.(Displayed.)It says "Retainer.8Was this check stub--June 1st to June 31st, 2017."did it falsely state that it was10aの10A11Q12A13Q14A1516retainer payment?I believe it says June 30th of 2017.Thank you, yes.Yes, it says "Retainer."And was that description on the check stub false?Yes, ma'am.Thank you.MS. HOFFINGER: You can take that down.17Can we put up People's Exhibit 37EI'm sorry,1837F.19(Displayed.)20Can you read that invoice for the jury, please?21AYes. This invoice is dated July 11th of 2017.22 Invoice. Mr. Allen Weisselberg. Care of Donald J. Trump, 72523Fifth Avenue, New York, New York, 10022.2425"Dear Allen, pursuant to the Retainer Agreement, kindlyremit payment for services rendered for the month of July, 2017.Lisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger35322Thank you."And does that invoice falsely state that itthat youwere seeking payment for services rendered for theduring the4month of July, 2017 pursuant to a Retainer Agreement?5AYes, ma'am.10786MS. HOFFINGER: Can you please take that down andput up People's Exhibit 19.(Displayed.)Q Did you receive this check in response to the falseinvoice that you sent, that we just looked at, People'sExhibit 37F?101112AThe check and the stub.1314check?And the check, do you see whose signature is on the15AI do.16QWhose is it?17ADonald J. Trump.18Were you--19MS. HOFFINGER:Can you blow up one of the check20stubs, please.212223(Displayed.)Q And can you read the description of the retainer in thebox that says "description?"2425AYes. It states "Retainer for 7/1 through 7/31/2017."And was that description on the check stub false?Lisa Kramsky,Senior Court Reporter

L2345M. CohenDirect/HoffingerAYes, ma'am.MS. HOFFINGER:Can we take that down now.3533And put up People's Exhibit 37G.(Displayed.)Q Mr. Cohen, could you read that invoice, please, for the61011122017.1314106jury?78A This is an invoice dated August 1st of 2017.It states:Invoice, Mr. Allen Weisselberg, care of DonaldJ. Trump, 725 Fifth Avenue, New York, New York, 10022."Dear Allen, pursuant to the Retainer Agreement, kindlyremit payment for services rendered for the month of August,Thank you."Q Was that a false invoice, for the reasons that youpreviously stated?15AYes, ma'am.16MS. HOFFINGER:Can we please take a look at17People's Exhibit 22.18(Displayed.)19Q2021Did you receive this check in response to the falseinvoice that you sent for the month of August 2017, the invoiceyou just looked at as People's Exhibit 37G?22ACheck and stub.2324A25And whose signature is on the check?Donald J. Trump.MS. HOFFINGER: And can we blow up one of the checkLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger3534L2Mstubs, please.(Displayed.)Can you read what's in one of the description boxes?4AYes, ma am.OT10786"Retainer 8/1 through 8/31/2017."Q And, in truth, was this check paid to you as a retainerfor that month?ANo, ma'am.Q Was the description on the check stub false?10AYes.11121314QMS. HOFFINGER:Thank you.Can we please put up People's Exhibit 37H.(Displayed.)Please read that invoice to the jury, Mr. Cohen?15ADated September 11, 2017.Invoice, Mr. Allen1617181920212223Weisselberg, care of Donald J. Trump, 725 Fifth Avenue, NewYork, New York, 10022."Dear Allen, pursuant to the Retainer Agreement, kindlyremit payment for services rendered for the months of August andSeptember, 2017. Thank you."Does that invoice falsely state that you are seekingpayment for services rendered during the month of September of2017 pursuant to a Retainer Agreement?24AYes, ma'am.25MS. HOFFINGER: Can you please put up People'sLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger35353(Displayed.)Did you receive this check and one stub in response to4 the false invoice that we just looked at, People's 37H?1Exhibit 25.250७And whose signature is on the check?AYes.7ADonald J. Trump.8MS. HOFFINGER:Can we please pull up one of the9check stubs.101112AIt states:13(Displayed.)Would you kindly read what's in the description?"Retainer. 9/1 through 9/30/2017."In truth, was this check paid to you as a retainer?14ANo, ma'am.1516A171819And was that a false description on the check stub?Yes, ma'am.MS. HOFFINGER: Can we please put up now 371.(Displayed.)Can you read that invoice, please, for the jury?20AInvoice is dated October 18th of 2017. Invoice.Mr.21222324252017.Allen Weisselberg, care of Donald J. Trump, 725 Fifth Avenue,New York, New York, 10022."Dear Allen, pursuant to the Retainer Agreement, kindlyremit payment for services rendered for the month of October,Thank you."Lisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger12And does that invoice falsely state that you areseeking payment for services rendered during the month of3October of 2017 pursuant to the Retainer Agreement?4AYes, ma'am.5७783536MS. HOFFINGER: Can we please put up People'sExhibit 28.(Displayed.)Did you receive this check and an attached stub inresponse to the false invoice that we just showed the jury,which was 371?91011AI did.12And do you see whose signature is on the check?13AI do.14Whose is it?15ADonald J. Trump.16MS. HOFFINGER:And can we pull up one of the17check stubs.1819(Displayed.)Could you read, please, for the jury what's in the20 description box?AYes. It states: "Retainer. October 1st through10/31/2017."2122232425ANo, ma'am.Was this in truth, was this check paid to you as aretainer for that month?Lisa Kramsky,Senior Court Reporter

M. CohenDirect/HoffingerAnd is the description on the check stub false?LQ2AYes.M4OT107863537MS. HOFFINGER: Can we please put up 37J.(Displayed.)MS. HOFFINGER: Can we make it a little bit bigger.Thank you.(Displayed.)Mr. Cohen, can you read that for the jury?ANovember 20thit should say 2017it doesn't.1011121314151617Invoice. Mr. Allen Weisselberg, care of Donald J. Trump, 725Fifth Avenue, New York, New York 10022."Dear Allen, pursuant to the Retainer Agreement, kindlyremit payment for services rendered for the month ofNovember 2017. Thank you."And does this invoice falsely state that you areseeking payment for services rendered for the month of November,2017 pursuant to the Retainer Agreement?18AIt does.192021MS. HOFFINGER: Can we please pull up People'sExhibit 31.(Displayed.)22Did you receive this check and an attached stub as23payment of $35,000 in response to the false invoice that you24sent, which we just reviewed, People's Exhibit 37J?25AIt does.Lisa Kramsky,Senior Court Reporter

M. CohenDirect/HoffingerDo you recognize the signature on that check?LQ2AI do.MQ4Aсл10786103538Whose signature is it?Donald J. Trump.MS. HOFFINGER: Can we please pull up one of thecheck stubs.(Displayed.)Would you kindly read what's in the description?AIt states:Q"Retainer, 11/1 through 11/30/2017."In truth, was this check paid to you as a retainer forthat month?Was the description on the check stub, therefore,Yes.MS. HOFFINGER: Can we please pull up People's 37K.(Displayed.)MS. HOFFINGER: Let's see if we can make it just a1112ANo, ma'am.13Q14false?15A1617181920212223A242510022.little bit bigger.Thank you.(Displayed.)Mr. Cohen, can you read that invoice?December 1, 2017. Invoice for Mr. Allen Weisselberg.Care of Donald J. Trump, 725 Fifth Avenue, New York, New York,Lisa Kramsky,Senior Court Reporter

2M. Cohen Direct/Hoffinger"Dear Allen, pursuant to the Retainer Agreement, kindlyremit payment for services rendered for the month of December,353932017.Thank you."4QOT5106And does that invoice falsely state that you areseeking payment for services rendered for the month of December,2017 pursuant to the Retainer Agreement?7A86Yes, ma'am.Now, is this the last invoice that you emailed to AllenWeisselberg on December 1st, 2017?10AYes, ma'am.11Why was it the last invoice that you sent?12ABecause now I had been reimbursed the $420,000.13Q141516171819Thank you.MS. HOFFINGER: Can we please pull up People'sExhibit 34 now.(Displayed.)Q Did you receive this check with one attached check stubin response to that false invoice that you just described asPeople contained in People's Exhibit 37K?--20AYes.2122A2324And who signed that check?Donald J. Trump.MS. HOFFINGER: And can we pull up, please, one ofthe check stubs.25Thank you.Lisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger3540L234A(Displayed.)And can you read what's in the description box?It states: "Retainer, 12/1 through 12/31/2017."And was this check paid to you, in truth, as a retainer5 for covering the month of December, 2017?10ANo, ma'am.7So is the description on the check stub false?8AYes.のQWas this the last check that you received from10Mr. Trump or anyone at The Trump Organization?11AYes.12Why was that?13AAgain, it was because the full reimbursem*nt of the14$420,000 had been paid.1516Thank you.MS. HOFFINGER:17181920212223You can take that down.Can we now pull up People's Exhibit 42 in evidence.(Displayed.)MS. HOFFINGER: Can we scroll down just a littlebit so that Mr. Cohen can recognize this exhibit.(Displayed.)Q Mr. Cohen, have you had a chance to review the 11checks that are contained in here, in this exhibit totaling24$420,000?25AI have.Lisa Kramsky,Senior Court Reporter

LM. Cohen Direct/Hoffinger3541QWere all 11 checks received by you and deposited and234OT10the amounts reflected in the checks paid out to you?AYes, ma'am.MS. HOFFINGER: We can take that down. Thank youvery much.Q Now, after the last check was sent to you in December7 of 2017, I think you mentioned, you never received any other81010checks from Mr. Trump or from his Trust; is that right?AThat's correct.Or from The Trump Organization?11AAlso correct.14151617181213I want to talk to you a little bit about the work thatyou did in 2017, any work that you did with respect to your roleas Personal Attorney and Personal Counsel to President Trump.Did you do, in the year 2017, any work for Mr. Trump or for hiswife Melania Trump?AMinimal.QAnd can you just give us some examples of the minimal192021222324work that you did in 2017 for them?AThere was a matter that dealt with an individual by thename of Summer Zervos.I was working with Marc Kasowitz on that, and so I hadspoken with Mr. Trump in the Oval Office and provided him somedocuments that Mr. Kasowitz had given to me to pass along.25As far as Melania, I think it had to do with some trademarksLisa Kramsky,Senior Court Reporter

L2M5OTM. Cohen Direct/Hoffinger3542or maybe even a Madame Tussauds Agreement.So, let's break both of those down.In terms of the work that you did for Mrs. Trump related toMadame Tussauds or the trademark, what was thecan youcharacterize the extent of that work for Mrs. Trump?A I reviewed an Agreement that Madame Tussauds sent toher that was to create her likeness and image for their museum.10678Was it a substantial amount of time that you spent on61011that?AQNo, ma'am.And did you send a bill or an invoice to Mr. Trump orto The Trump Organization for that work?12131415ANO,ma'am.Why not?AWell, one, II didn't expect to be paid on it.But,161718it wasn't enough work to have me send an invoice.And you mentioned Summer Zervos. Who was handling thatmatter, substantially, for Mr. Trump?19AMarc Kasowitz.2021A222324So that was an outside attorney, not yourself?Correct.Q How would you characterize the amount of work that youdid generally on that matter, if any?AVery minimal.25Did you ever bill Mr. Trump or The Trump OrganizationLisa Kramsky,Senior Court Reporter

12345M. Cohen Direct/Hoffingerfor that minimal work that you said that you did on that?ANo, ma'am.Why not?3543A Again, it wasn't any substantial work.Mr. Kasowitz was actually doing the work on that. Plus Ididn't expect to be paid.10678の1011Now, from time to time, didwithdrawn.From time to time, did you receive some emails from AlanGarten, who was the General Counsel of The Trump Organization,about particular matters here and there that he might want youto look into?12AYes.13QAnd did you consider that work that he sent you legal14work?15ANo.16Q17And regardless of what type of work it was, in terms ofthings that he sent you, what was the extent of any work thatyou did on those matters?1819AAlso minimal.2021And did you send a bill or an invoice either toMr. Trump or to The Trump Organization for that work?22ANo, ma'am.2324A25And why not?Because, the same reasons as stated, I didn't expect tobe paid and it was very minimal work.Lisa Kramsky,Senior Court Reporter

123M. CohenDirect/Hoffinger3544Q If you had to characterize or estimate the number ofhours that you spent in the year 2017 doing any sort of work,legal or these quasi-legal matters, what would be the totalnumber of hours that you would estimate?5ALess than ten.10QNow, did you bill for any of those matters?7A8の10No, ma'am.Was the $420,000 that you received from Mr. Trump andfrom the Revocable Trust, did that have anything to do with theminimal amount of work that you did for Mr. Trump in 2017?11ANo, ma'am.1213Now, did you continuefor a period of months in2018, did you continue to hold the title of Personal Attorney orPersonal Counsel to President Trump?1415AI did.16QAnd did you do any legal work for Mr. Trump in 2018?17AYes.1819202122in232425Can you describe, generally, for the jury, the type ofwork that you did in 2018?A As a result of the Stormy Daniels matter and herelecting to go public, Mr. Trump wanted an action to be filedan arbitration action to be filed against her for thebreach of the Non-Disclosure Agreement.And so I was contacted by Eric Trump, as well as I spoke toMr. Trump regarding how to go forward with this arbitrationLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger3545L23proceeding.issue?Were you directed to work with outside counsel on that4AYes.сл10A78Who was that?That would be Larry Rosen.And did you work on that matter with Larry Rosen in theyear 2018?6AYes.101112Comparatively, did you do more work in 2018, more legalwork in 2018 for Mr. Trump, or more in 2017?AIt would be more in 2018.13Q14Did you get paid anything in 2018 from Mr. Trump or TheTrump Organization?15ANo, ma'am.1617Q And did you bill for any of the work that you did forMr. Trump in 2018?18ANo, ma'am.1920212223Now, I wanted to go back to something that you said,that you testified about yesterday, and that was monetizing thetitle of Personal Attorney or Personal Counsel to the President.In 2017 and 2018, did that title assist you in getting otherclients?24AYes, ma'am.25And was that your plan all along for seeking thatLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger35461title, and that was, to be able to attract clients based on your2role?3AYes.4In 2017 and 2018, approximately how many clients did5 you have, doing work for them?10AFive.78clients?And what kind of work, generally, did you do for those610AConsulting, advisory.Was there any legal work involved in any of thoseclients during the year 2018?1112ANo, ma'am.1314Now, over the course of 2017 and 2018, approximatelyhow much money in total did you earn from those clients that youworked for?1516A17Approximately $4 million.Did you also, as a result, have an agreement with a lawfirm here in New York named Squire Patton Boggs?Can you explain a little bit about that?1819AI did.2021A22232425Well, I was contacted by one of the managing partnersof the firm and they were interested in having me on theirletterhead because of the title, "Personal Attorney to thePresident," as well as being able to levy my contacts to helpthem to generate business.Lisa Kramsky,Senior Court Reporter

123M. Cohen Direct/Hoffinger3547And I created a working relationship with them, an ofcounsel relationship with them.And approximately how much did Squire Patton Boggs pay4you?5A It was bifurcated, the Agreement. It was half a1067million dollars, and the first half a million dollars of incomethat was generated would come to me, everything thereafter until8 they received their 1 million back would go to them.6Q And did you also have an office there at Squire PattonBoggs?Washington, D.C.1011ATwo offices. I had one here in Manhattan and one in121314151617Q Now, approximately, how long did you hold the title ofPersonal Counsel or Personal Attorney to the President?AApproximately 15 months.Q And during the time when you were Personal Counsel tothe President, did you continue to try to protect him?1819AYes, ma'am.Q20And during the time that you served as Personal Counselto the President, did you continue to lie for him?21AYes.22QWhy did you do that?23A24Out of loyalty and in order to protect him.And at the time he was President; is that right?25AYes, ma'am.Lisa Kramsky,Senior Court Reporter

M. CohenDirect/HoffingerL234QAnd had he already announced that he was going to berunning again for President in 2020?52010678のAHe had stated so.Now, I want to direct your attention to the Fall ofactually, the Spring and Fall 2017.During the time when you were still personal counsel toPresident Trump, around that time, did the House and SenateIntelligence Committees request that you provide them withinformation and appear before them and testify in connectionwith the Russia investigation?1011AThey did.1213AYes.14And were you subpoenaed to provide testimony?354816171819Describe, just briefly, what you understood those15 inquiries to be about?A It was about the Trump Tower Moscow deal and Russiaconnections to the campaign.What, if any, pressure did you feel at the time thatyou were under in connection with that?20AA tremendous amount of pressure.2122232425It was the first time I had ever been subpoenaed by Congressto come in to testify.Did you have an attorney representing you at the timein connection with your statements and your testimony toCongress?Lisa Kramsky,Senior Court Reporter

L2AM4510I did.M. Cohen Direct/Hoffinger3549AAnd who was paying for that attorney?The Trump Organization.Was that important to you at the time that The TrumpOrganization was paying for your attorney?A Very much so.Was your attorney also part of something called a JointDefense Agreement?7810AYes, ma'am.1011A12Can you explain a little bit to the jury what that is?So the Joint Defense Agreement is when there is severaldifferent lawyers representing, obviously, different people andthey are all working together for a common goal.Q At the time, what, if anything, did you feel aboutwanting the power of the President to protect you in thisI felt I needed it. It was extremely important to me.Did you make false statements to Congress in 2017 inconnection with the written statement that you submitted andyour testimony?13141516matter?17A18192021AI did.2223Generally, what did those false statements relate to?A They dealt with The Trump Tower Moscow real estate24 project, specifically the number of times that I claimed to have25spoken to Mr. Trump about the project, as well as the timeLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger3550L234period for those conversations.What, essentially, did you communicate to Congress interms of the time period?AI told them that it was a truncated time period and5 that I had only spoken to Mr. Trump about this project three106times.7And, in truth, how many times had you?8ATen times.61011Q And did you also communicate to them that it wasthat those communications stopped at an earlier date than theyactually did?12AYes.13QWhy did you make those false statements to Congress?14151617181920A Because I was staying on Mr. Trump's message that therewas no Russia-Russia-Russia and, again, in coordination with theJoint Defense Team, that's what was preferred.Q Now, let me direct your attention to the early monthsof 2018.Did you continue to lie about Mr. Trump's involvement in theStormy Daniels payoff?21AYes.2223Q And did you continue to pressure other people, forexample, like Keith Davidson, to lie about the payoffs to KarenMcDougal and to Stormy Daniels?2425AYes.Lisa Kramsky,Senior Court Reporter

L2M4слM. Cohen Direct/HoffingerWhy did you do that?A In order to protect Mr. Trump.MS. HOFFINGER:Exhibit 181 in evidence.(Displayed.)Can we please put up People's355110Q Now, in early ---do you see in front of you an article7 from the Wall Street Journal regarding the payoff to Stormy8Daniels?10A1011Yes.Just prior to this article coming out, did you learnfrom reporters for the Wall Street Journal that they were goingto be running or publishing a story about the Stormy Danielspayoff?121314AYes.1516When the story came out, did you or was coming out,did you comment publicly regarding these allegations?17AI did.18Did you comment to reporters?19AI did.20And to others?21AYes, ma'am.222324Q At the time, in early 2018, did you tell the truthabout Mr. Trump's role in the payoff?ANo, ma'am.25And did you tell the truth about his involvement in theLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger35521payoff and the fact that he had repaid you for the payments you2made to Stormy Daniels?345ANo.Now, did you continue to be in touch with PresidentTrump during this time in early 2018?७AYes, ma'am.7891011How, generally, did you reach him in early 2018?A I would reach him, generally, by contacting MadeleineWesterhout and expressed to Westerhout and expressed to herthat I would like to speak to Mr. President or I would call himon his cell phone.--12QWho was Madeleine Westerhout at the time?13AShe was a White House Secretary forthat basically14sat outside Mr. Trump'soutside the Oval Office.15161718Q Now, during this time period, did you discuss withPresident Trump the statements that you were going to bereleasing publicly in early 2018, meaning, statements that hedid not know or was not involved in the Stormy Daniels payoff?19AYes.202122232425Q In substance, what did you tell him about thestatements that you were going to be releasing or issuing aboutthe Stormy Daniels matter?A That I had paid the money on his behalf without hisknowledge because just because something isn't true doesn't--mean that it can't hurt you, and that I did it.Lisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger3553LQ2A3And you did it without his knowledge, did you say?Yes, ma'am.--What, generally, did he how, generally, did herespond to you letting him know that?45AWell, That's good. Good.10Q Now, in January of 2018, were you in contact with Keith7 Davidson about this article that was going to be coming out in8the Wall Street Journal?1010AYes.What did you discuss with him?HAHow this statement--how the story had gotten out.was angered and I was concerned.Q And what did you ask him to do in response?Obtain a denial from Ms. Daniels.MS. HOFFINGER: Can we please put up People'sExhibit 255 in evidence.11121314A1516171819202122A232425(Displayed.)Do you recognize these text exchanges, Mr. Cohen, andwho they are with?AI do.Who were they with?Let me see. Keith Davidson.MS. HOFFINGER: And can we take a look at thetexts on January 10th of 2018.(Displayed.)Lisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger3554LQAnd perhaps you can read those for the jury.2AIt's from Keith Davidson to me. It's dated3January 10th of 2018. "Wall Street Journal called Stormy.didn't answer. They say they are running a story and have a5 deadline of tonight for her to comment."10SheQ And can you read your response, please, to the jury?AI apologize.It's October 20th of 2018. My response78to6QActually, just to correct10AI'm sorry.It's October 20th.11QI think the date is over on the left. Is it12January 10th?13AJanuary 10th of 2018, yeah.14151617Well, okay.Thank you.A I apologize.I'm sorry.18AJanuary 10th of 2018.1920A21Keith Davidson:Thank you?And then my response, January 10th of 2018, from me to"Write a strong denial comment for her like you22did before."232425(Whereupon, Principal Court Reporter SusanPearce-Bates relieved Senior Court Reporter Lisa Kramsky asthe official court reporter.)Lisa Kramsky,Senior Court Reporter

1234510678910111213141516171819202122232425M. Cohen Direct/HoffingerLisa Kramsky,Senior Court Reporter3555

1M. CohenDirect/Hoffinger3556(Continued from the previous page.)2CONTINUED DIRECT EXAMINATION3BY MS. HOFFINGER:4Did you pressure Keith Davidson to have Stormy Daniels5 sign a denial?16Yes, ma'am.Why did you do that?A78ATo protect Mr. Trump.910111213And did Keith Davidson end up providing you with sucha statement by Ms. Daniels?AHe did.Before we look at that, I want to follow up on onequestion I asked you about the Joint Defense Agreement.Was Mr. Trump and his lawyer also part of that JointDefense Agreement?141516AYes, ma'am. They were.17And who was benefiting from the Joint Defense18Agreement?19MR. BLANCHE:Objection.202122232425THE COURT: Please approach.(Discussion is held at sidebar, on therecord.)MR. BLANCHE: Your Honor, the objection isbecause it calls for a legal conclusion.A Joint Defense Agreement is a formal agreementSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

12345M. CohenDirect/Hoffinger3557amongst lawyers. And so, asking who benefits from it,assuming he is going to say President Trump, that's justnot consistent with what the Joint Defense Agreement is.Every Defendant in itMS. HOFFINGER: I can ask a better question,What was his understanding?७which is:7THE COURT:89Okay.Thank you.MS. HOFFINGER:(Discussion at sidebar concluded, and thefollowing occurred in open court.)THE COURT: Sustained.MS. HOFFINGER: Thank you.Mr. Cohen, what was your understanding about whobenefited from the Joint Defense Agreement?1011121314151617181920A2122232425MR. BLANCHE:Objection.THE COURT:Overruled.A I believe several people would benefit, but certainlyPresident Trump.And did you understand that you also benefited?Yes, ma'am.MS. HOFFINGER: Now, can we please put upPeople's 277 in evidence.(Displayed.)We were discussing that you pressured Keith Davidsonto have Ms. Daniels issue a statement.Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/HoffingerDo you remember that testimony?12AI do.34AI do.And do you recognize this document?355856What do you recognize it to be?AThis is the statement that Keith Davidson had sent tome in regards to the denial that I requested him to send.78And when he--after you received this from9Mr. Davidson, who did you send it to?10AI sent it to Hope Hicks, I believe.11Do you know when you sent it?12AI am sorry.I sent it to The Wall Street Journal. I13sent it to several people, but yes.14Did you know that this statement from Stormy Daniels15was false?16AYes.1718Now, did you tell Mr. Trump that you were going to begetting or had gotten such a denial statement from Ms. Daniels?19AYes.2021A22Why did you tell him that?Well, one, to get credit for expressing that I wascontinuing to ensure that he was protected, stay loyal and the23other so that Iwe can have this matter taken care of.24MS. HOFFINGER: Can we please put up now People's25255 in evidence?Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger3559122018?34150And can we blow up the texts from January 17th of(Displayed.)Now, Mr. Cohen, did you ask Mr. Daniels withdrawn.Did you ask Mr. Davidson to have Ms. Daniels appear onthe Hannity Show, the Sean Hannity Show on Fox during this67time?8AI did.9Why did you do that?10ABecause I wanted to continue to promote the statement1112that there was no relationship and that Trump had noinvolvement.13MS. HOFFINGER:And can we scroll down to a few14151617more of these text exchanges?You can stop there.(Displayed.)After your text, can you read Keith Davidson's18response?19AYes.2021His response to me is: She cannot. Don't today. Sheis flying to L.A. tomorrow.I'm trying to get her to commit22for tomorrow.23And your response?24AIt's really important.25Why?MS. HOFFINGER: Can we scroll down to the nextSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

1one?23M. CohenDirect/Hoffinger3560A(Displayed.)I didn't get a response, or the response I was lookingfor. So, I asked him to please call me: Can you call me,45please?6I still didn't hear from him so, I respond again:7Please call me.8Then?9AThen followed by:Anything?With a question mark.10And his response finally to me:Was still trying.11And the next text.12AAnd I then followed up and said:This is no good. We13need her as--by doing tomorrow.You just create another news14151617circle instead of putting an end to this one.And then, again, I am asking him to please call me.And persistence:I still hadn't heard from him.Come on.18I then respond:192021They wouldrather tomorrow so they can promote the heck out of the show.Followed by me writing to Keith: Keith, the wise menall believe the story is dying and don't think it's smart forLet's forget tonight.22her to do any interviews.Let her do her thing but no23interviews at all with anyone.24His response to me: 100 percent.25I respond:Thanks Pal.Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger35617891011As well as: Just no interviews or statements unlessthrough you.1234150७AHe replies: Got it.Did Ms. Daniels end up going on the Sean Hannity Show?No, ma'am.MS. HOFFINGER: Can we now put up People's 278 inevidence, please?(Displayed.)Now, later in the month of January, January 30th of2018, did you make more efforts to get Keith Davidson to haveStormy Daniels issue another denial statement?12AYes.13Why did you do that?14ABecause despite what we thought was dying, the story1516171819dying, there were still persistent reporters that were lookinginto this. And I felt an official statement from her, anotherone, would be helpful to putting an end to it.Do you also recall that around that same time therewas some news that she might go on the Jimmy Kimmel Show?20AYes.2122And so, did you pressure Keith Davidson to have hersign this statement?23AI did.24In fact, did he provide that statement to you from25 Stormy Daniels?Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger35621AHe did.23false?Did you know at the time that this statement was4AYes.5७A789How did you know?Because I helped him craft it.In addition, does the statement say that she was notpaid any hush money?AYes.10How do you know that she had been paid that money?11ABecause I am the one who paid it.12MS. HOFFINGER:Thank you.131415You can take that down.Now, at some point again in 2018, early 2018, did youreceive a letter, a complaint letter, from the Federal Election16 Commission regarding your payment of $130,000 to StormyI did.And did you have an attorney prepare a letter on yourbehalf in response to that complaint?17Daniels?18A192021AI did.22232425And what law firm and what lawyer?A That was from McDermott, Will and Emery. The attorneywas Stephen Ryan.Q And who was paying for McDermott, Will and Emery'sSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

12345७M. Cohen Direct/Hoffinger3563work and for Stephen Ryan's time at the time?A The Trump Organization.MS. HOFFINGER: Can we show just to the witness,please, and to counsel and to the Court, People's Exhibit201 for identification?(Displayed.)Do you recognize that document, Mr. Cohen?7Q8AI do.91011121314AWhat do you recognize it to be?This is the letter that was drafted by counsel, myselfto the Federal Election Commission in response to what'sidentified as MUR7313. That's the Complaint Number.And is that an exact copy of the letter that yourattorney submitted on your behalf to the FEC?15AIt is.16And did you authorize him to submit that letter?17AI did.18192021222324MS. HOFFINGER: The People offer, your Honor,People's Exhibit 201 in evidence.MR. BLANCHE: No objection.THE COURT: Accepted into evidence.(Document so received in evidence.)(Displayed.)Can you read, please, the second paragraph of that25letter for the jury?Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger356412A In a private transaction in 2016 before the UnitedStates Presidential Election, Mr. Cohen used his own personal3funds to facilitate a payment of $130,000 to Ms. Stephanie4Clifford.Neither The Trump Organization, nor the Trump56789A1011A1213141516A1718campaign was a party to the transaction with Ms. Clifford andneither reimbursed Mr. Cohen for the payment directly orindirectly.Was that statement false or misleading?Misleading.And can you explain to the jury why it is misleading?So, while crafting the statement, we elected to stateneither The Trump Organization nor the Trump campaign was aparty to the transaction. That is a true statement, but it'sdeceptive.It's misleading.Can you explain why it's misleading?Well, because it was neither The Trump Org., or theTrump campaign. It was the Donald J. Trump Revocable Trust orMr. Trump himself.19And you omitted that in the letter?20AI omitted it.2122A2324A25And did you intend for it to be misleading?Yes, ma'am.Why?In order to protect Mr. Trump. To stay on message.To demonstrate my continued loyalty.Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger3565And did you speak to Mr. Trump about the FEC Complaintwhen you received it in February of 2018?123AI did.45And did he approve, in substance, with your statementwhich would omit his involvement in the matter?AHe did.78And did he approve your sending out such a response tothe press as well?9AYes, ma'am.1011121314MS. HOFFINGER: Can we take a look at People'sExhibit 260 in evidence?(Displayed.)Do you recognize what's contained in this exhibit,Mr. Cohen?15AI do.16What is it?17AThese are text messages between myself and Maggie1918 Haberman of The New York Times?And when you say of The New York Times, who is Maggie20Haberman?21AShe is a reporter for The New York Times.2223And did you have her telephone numbers and emails inyour phone contacts?24AYes, ma'am.25Except for the redactions here, is this an exact copySusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger35661of some of the text communications you had with her on February26th of 2018?3AIt is.4MS. HOFFINGER: Can we blow up the text on516February 6th of 2018?(Displayed.)And, Mr. Cohen, can you read them?789101112ASo, this is from February 6th of 2018, from meto Maggie Haberman, stating: Big Boss just approved meresponding to complaint and statement.and I will call you soon.Please start writingQ Who is the, Big Boss, that you were referring to inthat text with Maggie Haberman?1314APresident Donald Trump.15What did you mean by this text?16A1718and myThat he approved the statement and thatresponse to the complaint and asking her to start writing astory in regard to the denial.19And were you intending to provide her with the2021222324statement about the matter?AYes. I was going to give it to her first so she hadthe scoop.And did you then also prepare a written statement forthe press to be released in connection with that FEC Complaint?25AYes.Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

12345M. Cohen Direct/Hoffinger3567MS. HOFFINGER: And can we now please show justto the witness, counsel and to the Court, People's Exhibit202 for identification.(Displayed.)Do you recognize this document, Mr. Cohen?16AI do.7What is it?8AThis is the statement that I was releasing to the91011press.And is this an exact copy of the statement that youreleased publicly to the press around February 13th of 2018?Yes, ma'am.MS. HOFFINGER: I offer People's Exhibit 202 inevidence, your Honor.MR. BLANCHE: No objection, Judge.We respectfully request the instruction withrespect to the letter and the statement.THE COURT: Why don't we introduce it into12A13141516171819evidence?202122232425It is accepted into evidence.(Document so received in evidence.)MS. HOFFINGER: And should we have him read itfirst and then the instruction?THE COURT: Yes. Yes.MS. HOFFINGER: Thank you, your Honor.Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger35681BY MS. HOFFINGER:2Could you please read the firstactually, the first3line in the second paragraph?45A I am Mr. Trump's long-time special counsel, and I haveproudly served in that role for more than a decade.7891011Why did you write that line?A To validate the statement that I was going to besending out that I wanted them to run with and because it wasMr. Trump.And could you please read the paragraph that starts:1213141516171819202122232425In a private transaction?AIn a private transaction in 2016, I used my ownpersonal funds to facilitate a payment of $130,000 toMs. Stephanie Clifford. Neither The Trump Organization nor theTrump campaign was a party to the transaction with Ms. Cliffordand neither reimbursed me for the payment, either directly orindirectly.The payment to Ms. Clifford was lawful and was not acampaign contribution or a campaign expenditure by anyone.Q Now, was that statement false?THE COURT: Ms. Hoffinger.Mr. Blanche, is this the point youMR. BLANCHE: Oh, yes, Your Honor.THE COURT: Jurors, you have just heard testimonythat the Federal Election Commission, the FEC, conducted anSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

1234516789101112M. Cohen Direct/Hoffinger3569investigation into the payment to Stormy Daniels and theresponses thereto submitted by Michael Cohen and hisattorney. This evidence was permitted to assist you, theYou mayjury, in assessing Michael Cohen's credibility and to helpprovide context of some of the surrounding events.consider that testimony for those purposes only.Neither the fact of the FEC investigation nor theresponses thereto constitute evidence of the Defendant'sguilt, and you may not consider them in determining whetherthe Defendant is guilty or not guilty of the chargedcrimes.MS. HOFFINGER:Thank you, your Honor.THE COURT: You are welcome.13141516BY MS. HOFFINGER:QWas the statement that you just read false ormisleading?17AYes.1819And for the same reasons that you described concerningyour lawyer's response to the FEC Complaint?20AYes.2122that saysAnd there is an additional line here that you read23MS. HOFFINGER: Can you blow that up one more24time?25QThere is an additional line at the bottom that says:Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger35701The payment to Ms. Clifford was lawful and was not a campaign23contribution or campaign expenditure by anyone.Was that a false statement?4A It was my drawing a legal conclusion, which is5inaccurate.6Now, can you read the second to last line inthank7youin the next paragraph.891011Can you read that to us, please?Α I do not plan to provide any further comment on theFEC matter or regarding Ms. Clifford.12A13And why did you write that?Because I realized that once you send this to thepress, that they are smarter than just to notice The TrumpOrganization or the Trump campaign. That they would askadditional questions such as: Well, did it come fromMr. Trump?Did it come from somebody else?And I wanted to just preface it to them: This is thestatement you are going to get from me to run with and that Ihave no intentions to continue to comment on the matter.141516171819202122232425AMS.HOFFINGER: Can we also just blow up the lastline in the letter.(Displayed.)And would you read that to the jury?Just because something isn't true doesn't mean that itSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger35711can't cause you harm or damage. I will always protect2Mr. Trump.34A567891011And why did you write that?Because it was a statement that validated what was inthe second paragraph about me providing my own personal fundsto facilitate the payment.And the last line: I will always protect Mr. Trump,was to validate that specific line.MS. HOFFINGER: Thank you.You can take that down.Now, around that same time that you released thatstatement that you were going to be releasing that statementto the press publicly, did you also provide that statement tosomeone named Jay Sekulow?12131415AI did.1617A1819A202122Who was Jay Sekulow at the time?He was representing Mr. Trump.And is he an attorney?He is.And explain why you sent that public statement thatyou were going to send out to Mr. Sekulow?A I was referred to Mr. Sekulow, actually, by Sean23Hannity to speak about this FEC Complaint.And I was24instructed to by Mr. Trump, to keep in touch with Jay Sekulow25because he was in contact with Mr. Trump.Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger357212345MS. HOFFINGER:Can we take a look now, just forthe witness, the Court and defense counsel, please,People's Exhibit 217 for identification?(Displayed.)Do you recognize that document, Mr. Cohen?I do.What is it?16A78AThis is a communication between myself and Jay9 Sekulow.10QAnd does the communication reflect the use of an11encrypted app called Signal?12AIt is.1314And are these screenshots of Signal communicationswith Mr. Sekulow?15AYes.16And is this an exact screenshot or photoexact17copies of communications you had with Mr. Sekulow at the time18 reflected in this record?19AYes, ma'am.20MS. HOFFINGER: At this time, I offer People's2122232425Exhibit 217 in evidence.MR. BLANCHE: No objection.THE COURT: 217 is accepted into evidence.(Document is so received in evidence.)MS. HOFFINGER: Can we put that on the screen forSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger3573everyone and blow up the communication on February 19th of122018?3(Displayed.)4Can you read that communication?5७789AWho was that communication from?This is from me to Jay Sekulow.I apologize, from Jay Sekulow to me.Was this after you sent him the public statement thatyou were going to be making about the FEC Complaints?10AYes. Yes.11Can you read in what Mr. Sekulow wrote to you?12AHe says:Client says thanks for what you do.13And what is your understanding about who he was14referring to when he was referring to, client?15AClient here is referred as President Donald Trump.1617And, for what you do, that dealt with the statement that I wasputting out to the press on the FEC.18You're denying his involvement?19AYes, ma'am.2021222324Now, also in February of '18, 2018, did youwithdrawn.Around the same time in February of 2018, did The WallStreet Journal reach out to you about an article they weregoing to write concerning AMI's payoff of Karen McDougal?25AYes, ma'am.Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger3574123And, actually, specifically, did they reach out to youabout a FEC Complaint about AMI's payoff of Karen McDougal?AYes.4516And do you recall what The Wall Street Journal wasasking you about in connection with that?A AMI's participation in the payoff.Q And were they asking you also about anybody else'sinvolvement in that payoff, other than AMI?789ADavid Pecker.10111213Were they asking at all about your involvement orMr. Trump's involvement?AYes.Did you speak to Mr. Pecker around that time about the14FEC Complaint that AMI had received?15AYes.1617Can you tell the jury about, generally, what wasdiscussed between yourself and Mr. Pecker?18ASo, David was very concerned because it was going to19affect AMI.It was going to affect him.20And so,I had told him that I would assist with this21matter.222324control.And I, ultimately, told him that after conversationswith the President, do not worry. We have this thing underIt's going to be taken care of.2525MR. BLANCHE:Your Honor, may I speak to counselSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger1for one minute?2345Honor?167THE COURT: Sure.(Ms. Hoffinger and Mr. Blanche confer.)MR. BLANCHE: May we briefly approach, your3575THE COURT: Yes.(Discussion is held at sidebar, on therecord.)MR. BLANCHE: I am not trying to disrupt theflow. I would ask for a limiting instruction about what wejust heard about the AMI conversations.I wouldn't ask you to restate the fullinstruction, just that the same instruction applies to thetestimony regarding Mr. Pecker getting a Notice from the89101112131415FEC.1617that.181920212223Court.2425MS. HOFFINGER: I think we already addressedTHE COURT: I did give an instruction.MR. BLANCHE: I am not asking for the fullinstruction, just a reminder.MS.HOFFINGER: I think you gave a fullinstruction when Mr. Pecker testified, but it's up to theTHE COURT: What would you like me to say?MR. BLANCHE:Remind them, if you could, that youSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger357612345७previously instructed them upon why the AMI evidence camein and that instruction still applies.THE COURT: Okay.(Discussion at sidebar concluded, and thefollowing occurred in open court.)THE COURT: So, Jurors, you may recall that Ipreviously gave you an instruction regarding AMI.The testimony that you just heard now isconsistent with my previous instructions that that evidencewas permitted to assist you, the jury, in assessing DavidPecker's credibility and to help provide context for someother surrounding events.You may consider that testimony and what you justheard for those purposes only.78910111213141516171819my questions.202122Mr. Blanche, is that satisfactory?MR. BLANCHE: Thank you, your Honor.BY MS. HOFFINGER:Mr. Cohen, just getting back to where we left off in23In terms of the substance of your conversation withDavid Pecker about his receipt of the Complaint from the FEC,did you tell him that someone in particular in theadministration would be able to assist in that manner?24AYes.25What did you tell him?Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger3577A I told him that the matter is going to be taken careof and the person, of course, who is going to be able to do itis Jeff Sessions.12345AThe Attorney General.Who was Jeff Sessions at the time?७AWhy did you tell him that?Because that was post my conversation with thePresident.7891011A121314And when you say, post, had you previously been toldthat by President Trump?Yes, ma'am.NOW,I know you mentioned previously the work that youdid on the Temporary Restraining Order related to StormyDaniels.Do you remember that testimony?1516AYes, ma'am.1718Did there come a time when, as a result of some of thepublic statements you were making about your being the only one19involved in the payment, and the fact that--withdrawn.That20is a long sentence--a long question.2122232425Did there come a time around this time period that youmade certain statements to news reporting, indicating that onlyyou had made the payment and that, in fact, no sexual encounterhad occurred?A Yes.Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger357812And did you learn, as a result of that, that Ms.Daniels was going to go out publicly and speak about the matter3to some news outlets like 60 Minutes and Fox News?4AYes.516And, as a result of that, was that why, in part, youattempted, along with Larry Rosen, to get a TemporaryRestraining Order for her?78AYes.91011And was that at Mr. Trump's direction to work withLarry Rosen to get a Temporary Restraining Order?Yes. As well as with Eric Trump.--Now, did you, in fact did you, in fact, get anarbitration court Temporary Restraining Order?We did. We filed the arbitration proceeding inCalifornia through an in-house attorney with the TrumpOrganization named Jill Martin, because LarryA121314A1516171819202122neither LarryRosen or I are California Bar admitted, so she filed thearbitration.And did you provide that Temporary Restraining Orderto Keith Davidson, Ms. Daniels' attorney?AI tried.232425Explain that.A After obtaining the arbitration proceeding decision,we were granted a Temporary Restraining Order. You arerequired to serve it upon the individual, and I didn't, ofSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger35791course, have her address.2So I tried to serve it upon Keith Davidson. And when3I say, I, I am talking about the I'm talking about the--4group, Larry Rosen, Jill Martin, et cetera. And at some5point--I am sorry.7Awe weren't able to do that.89101112131415161718And then Keith Davidson responded to me that he is nolonger representing her. And he gave me the name of anotherlawyer that he said was representing her.After speaking to that lawyer, he also stated that hewasn't representing her. And, again, still unable to get heraddress to serve it.Ultimately, it was provided to me that MichaelAvenatti was going to be representing her going forward.And at some point after that, did Mr. Avenatti file alawsuit against Mr. Trump, yourself and Essential Consultantsto try to get freed from the Non-Disclosure Agreement?19AYes.2021And, eventually, in September of 2018, did Mr. Trumpand yourself agree not to enforce the NDA?AYes.22232425And do you recall when Mr. Trump agreed through hislawyers not to enforce the NDA? At what point in theproceedings did that occur?Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger3580Was that a civil case?1AI don't recall.23A45It is, yes.Was he going to be required to sit for a deposition inthat case?७AYes, ma'am.789Can you explain that a little bit to the jury?A So, the action was filed, and what proceeded was, fromthe civil action, was Mr. Trump would be required PresidentTrump would be required to sit for a deposition.--1011And prior to that date where he would be required to12sit, the decision was made that he would not sit and,13therefore, the matter was agreed to and the Non-Disclosure14Agreement was terminated.15MR. BLANCHE:Objection, your Honor. And I ask16that that be stricken.1718192021222324THE COURT: Please approach.(Discussion is held at sidebar, on therecord.)MR. BLANCHE: Your Honor, I don't know whatfoundation was laid that he had or didn't have to give thatanswer. I don't believe there was any foundation for himknowing the answer that he just gave about why the decisionwas made.25I mean,this happened, I believe, in September ofSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger3581THE COURT: So your objection is there is not afoundation?12018.2345MR. BLANCHE:Along with several--७78MS. NECHELES: Your Honor, if President Trumptook the Fifth Amendment, and they are trying to give aninference that he would do that, that he didn't testifybecause he might have incriminated himself, that mightthis is so improper.That he would have taken the Fifth; he didn'twant to testify.This is so improper.MS. HOFFINGER: I didn't elicit that.MS. NECHELES: That was totally the inference.The inference is that9am sorry10111213141516171819202122232425THE COURT: You have two different objections?MS. NECHELES: I think both objections.That it all be stricken and that the jury beinstructed that that should all be disregarded.MS. HOFFINGER: I can certainly lay more of afoundation.ITHE COURT: I think you are going far afield.MS. HOFFINGER: Okay. I will stop at this point.Thank you.(Discussion at sidebar concluded, and theSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

123M. Cohen Direct/Hoffinger3582following occurred in open court.)THE COURT: The objection is sustained.The answer is stricken from the record, and thejury is directed not to consider that response.45MS. HOFFINGER:Thank you, your Honor.6BY MS. HOFFINGER:7QThrough much of 2018, while you were acting as8Mr. Trump--9then President Trump's personal attorney, did youcontinue to lie about his role in the payoff to Stormy Daniels?10AYes, ma'am.11I want to direct your attention now to April 9th of122018.13What happened to you on that day?14AI was raided by the FBI.15Can you tell the jury a little bit about that?16ASo, at the time I was residing at the Lowes Regency171819202122of people out in the hallway.23because my apartment had been flooded by the apartment above.We had moved into the Regency while the construction was takingplace in the apartment.At seven o'clock in the morning, there was a knock onthe door. And I looked through the peephole, and I saw a tonI saw a badge. So, Iopened the door. They identified themselves as the FBI, askedAnd so,24me to step into the hallway, which I did.25I found out that simultaneously they had also, theSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger358312345FBI, raided my apartment that was under construction, my lawoffice and TD Bank, which had a safety deposit box that I hadjust opened in order to put valuables in because I didn't wantto keep them in the hotel or, obviously, in the apartment. Itwas under repair.6And did the FBI search those locations for items of7yours?8A9101112131415161718192021They did.And what kind of things did they seize from you whenthey executed that search warrant at your hotel room?A The search warrant gave them the right to take my twocell phones, to take any and all electronic devices, as well asrecords.They took my two cell phones and a series of my taxbooks, as well as other documents. I, ultimately, found outthat they also, basically, packed up much of the documentationthat was in my law office and took that as well.Now, you mentioned two cell phones that they took.Were those the two cell phones associated with thenumbers ending 0114 containing the phone, the audio recordingwith Donald Trump that we heard previously, which is People's22 Exhibit 246?So that was one of the phones that they seized, is23AYes, ma'am.2425that right?Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger1AYes.2Q And they seized another cell phone as well in3584673 addition, is that right?Sti4AOT5Correct.Now, the cell phone that they took containing theaudio recording of yourself and Mr. Trump, did you know thatthe FBI was going to show up and take your phones?8ANo, ma'am.91011Had you, prior to them showing up and taking thosephones from you, altered that recording of your conversationwith Mr. Trump on September 6th of 2016?1213ANo, ma'am.How did you feel at the time about the FBI searching14your hotel room, your home, your law offices?15How were you feeling at the time?16AHow do you describe your life being turned upside17down?1819Concerned.Were you frightened?Despondent. Angry.20AYes, ma'am.21222324Did you come to understand, as a result of thesesearch warrants that were executed, that you were underinvestigation by Federal prosecutors in the Southern Districtof New York?25AYes.Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger3585Did you speak with President Trump shortly after thesesearch warrants were executed?123AI did.415016789101112of the United States. There is noEverything is going to be okay.Can you explain the conversation?Can you describe the conversation you had with thenPresident Trump?A I received a phone call from President Trump inresponse to me leaving a message for him to call me. I wanted,obviously, him to know what was taking place.And he said to me: Don't worry.I am the Presidentthere is nothing here.Stay tough. You are going to--13be okay.14Have you spoken directly with Mr. Trump since that15time?16A1718No, ma'am.Was your call from President Trump at that timeimportant to you?19AExtremely important.20Why was it important?21ABecause I wantedfirst of all, I was scared.222324back.--This was the first time in my life anything like thishappened, and I wanted some reassurance that Mr. Trump had myEspecially as especially his help with issues that25related to him.Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger358612345678169How, if at all, did that call affect you in terms ofhow you acted going forward?A Well, when he expressed to me, don't worry, everythingis going to be fine, I am the President of the United States, Ifelt reassured because I had the President of the United Statesprotecting me, his Justice Department. This should go nowhere.I felt reassured, and I remained in the camp.AAnd so,What do you mean by, in the camp?In the fold. In the, um, in the Trump camp.Does that mean that you stayed loyal to him?Yes.And continued to lie about his involvement?1011A1213AYes, ma'am.14And did other people reach out to you around this time15and express President Trump's support for you?16AYes.1718A1920212223In general, what did others tell you?You are loved. Don't worry. He's got your back.Most powerful guy in the country, if not the world. You aregoing to be okay.Now, after the FBI executed those search warrants andyou received that call from President Trump and messages fromothers, did you initially maintain ties with President Trump?24AOnly through other people.25And did you believe that was important to do?Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger1AExtremely.2MS. HOFFINGER:Can we show People's Exhibit3407-F, please, in evidence?45७78Can we blow up the top tweet?(Displayed.)And I am going to ask Mr. Cohen to read them.First of all, were you aware of these three tweetsmade by President Trump at that time on April 21st of 2018.9AYes.10And can you read those, please, to the jury?11AThis is from Mr. Trump's Twitter feed.1235871415161718192013The New York Times and a third rate reporter namedMaggie Haberman, known as a Crocked H flunkey, who I don'tspeak to and have nothing to do with, are going out of theirway to destroy Michael Cohen and his relationship with me inthe hope that he will flip.They use nonexistent sources and a drunk/drugged uploser who hates Michael, a fine person with a wonderful family.Michael is a businessman for his own account slashlawyer who I have always liked and respected. Most people will21flip if the Government let's them out of trouble.Even if it22means lying or making up stories.23Sorry, I don't knowI don't see Michael doing that2425Ωdespite the horrible Witch Hunt and the dishonest media.Who did you understand, at the time, that Mr. TrumpSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger35881was communicating with or releasing these public statements?2ATo me.34you?And what did you understand him to be communicating to5A6Stay in the fold. Stay loyal. I have you. You are afine person. Don't flip.7Q And what did these public statementswhat, if89101112anything, did these public statements have on you in terms ofan effect on your conduct at the time?A It reinforced my loyalty and my intention to stay inthe fold.Q Was President Trump or his company, The TrumpOrganization, still paying your lawyer's legal fees at thetime?They were.131415A161718AYes.19And did you understand that that was part of hissupport for you?20And during this time were you still a part of theJoint Defense Agreement with President Trump and some others?2122232425AI was.MS. HOFFINGER: We can take that down.Thank you.I have one further question.Can you put that up?Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger35891Q(Displayed.)Most people will flip if the Government let's them getout of trouble.2345time.MS. HOFFINGER: If you can put that up one more७789(Displayed.)Q Based on that line, most people will flip if theGovernment let's them out of trouble, based on that publiccommunication, what did you understand Mr. Trump wanted interms of whether you should cooperate with law enforcement?MR. BLANCHE:THE COURT:Objection.Sustained.Did you have any understanding at the time from thatpublic statement about whether you should cooperate with lawenforcement?10111213141516171819202122232425MR. BLANCHE:Objection.THE COURT: Sustained as to the form.Please rephrase.What, if any, understanding did you have about thatpublic statement?A That Mr. Trump did not want me to cooperate withGovernment and certainly not to provide information or flip.And if you had cooperated with law enforcement at thattime and told them the truth, what would you have told themabout Mr. Trump's involvement in the Stormy Daniels payoff?Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

12M. Cohen Direct/HoffingerMR. BLANCHE:Objection.THE COURT:Sustained.359034take a--5७789MS. HOFFINGER: Your Honor, would you like tolet me know if this is a good time for a break.THE COURT: Yes.Let's take your morning recess. Please rememberall of my admonitions.See you in 15 minutes.COURT OFFICER: All rise.(Whereupon, the jury exited the courtroom.)THE COURT: You may be seated.(Witness is excused from the witness stand.)(Short recess is taken.)SERGEANT: Come to Order.Part 59 is in session.Let's bring in the witness, please.(Whereupon, the witness entered the10111213141516THE COURT:171819202122232425courtroom and was properly seated.)THE COURT: Get the jury, please.(Whereupon, Principal Court Reporter SusanPearce-Bates was relieved by Senior CourtReporter Theresa Magniccari.)(Continued on the following page.)Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

L2M4OT10786M. Cohen Direct/Hoffinger(Whereupon, proceedings are continued fromprevious page:)THE COURT: Get the witness, please.(Witness entering courtroom.)THE SERGEANT: All rise. Jury entering.(Jury entering courtroom.)359110111213141516THE COURT: Please be seated.THE CLERK: Case on trial continued. All jurorsare present and properly seated.CONTINUED DIRECT EXAMINATIONBY MS. HOFFINGER:Q. Mr. Cohen, are you familiar with an attorney by thename of Robert Costello?17A.I am.18Q.How do you know him?19A.I was introduced to Robert Costello by another lawyer202122232425named Jeff Citron.Q. And how did Mr. Citron first put you in touch withMr. Costello?A. Mr. Citron and I were both on the Advisory Board forSterling National Bank.And after the raid, he obviously heard about it and sawTheresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger35921234it, he connected myself and Robert Costello together for thepossibility of representing me in this matter.Q. Did Mr. Citron tell you anything about Mr. Costello'sbackground?5A.Yes.16Q.What did he tell you, in substance?789A.he was incredibly close to Rudy Giuliani.Q.Now, did there come a time in April of 2018, after thesearch warrants, that you met with Mr. Costello?He told me he was a criminal defense attorney and that1011A.Yes, ma'am.12Q.Where did you meet with him?13A.I met with him in the conference room at the Regency141516Hotel where I was staying.Q. And, in general, what was your emotional state like atthe time you met with him?17A.Distraught, nervous,concerned.1819202122what had happened.232425Q. And can you tell the jury about your conversation atthe Regency Hotel with Mr. Costello?A. So, it was Mr. Citron, myself and Robert Costello.They asked me to show them copies of the warrants, to describeWhich I did, at length. Basically, it wasmany hours, that many agents came, they took a series of books,documents, and I gave them the receipt of what was taken.With that, they turned around and they said, there areTheresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger3593L23510certain things you need to know.First is, that you have to, obviously, try to rememberwhat might be in any of those boxes, what they might be lookingfor. He walked me through the process.First time in my life. I never practiced criminal law.And then they asked me to consider Robert Costello for7 my representation.86Q. Did Mr. Costello at that meeting tell you anythingabout his ties to Mr. Giuliani?10A.Yes.11Q.In substance, what did he tell you?121314A.He said he had been at the Southern District of NewYork. That he is incredibly close to Rudy Giuliani. And whatI mean by close, he means as close as you can imagine. And that15would be a relationship that would be very beneficial to you16going forward with this matter.1718Q. Can you explain why that would be a beneficialrelationship for you?19A.Yes.20Q.What did he say?2122232425A. Because Mr. Giuliani at the time had a very closerelationship and was spending a tremendous amount of time withPresident Trump.Q. And did he speak to you about a back channel ofcommunications?Theresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger35941234A.He also stated to me that this would be a great way tohave a back channel communication to the President in order toensure that you're still good and that you're still secure.Q. During that meeting, did you tell Mr. Costello the5 truth about what Mr. Trump's role was in the payoff to Stormy106Daniels?7A.No.8Q.Why not?12131415161718192061011A. First, I wasn't sure that I was going to hire him.There was something really sketchy and wrong about him. Hecame with a Retainer Agreement, and I said, "I'm not going topay that right now. I am still speaking to other lawyers."So I certainly wasn't going to expose anything to, one,someone I didn't know, and two, I was having trouble connectingwith.Q. Did you understand that if you provided thatinformation to him about Mr. Trump's involvement in the StormyDaniels matter, that that information might go somewhere else?A. I was also concerned, again, when he started talkingabout his incredibly close relationship to Rudy, that anything I21said to him was going to be spoken and told to Rudy Giuliani.22And, of course, because Rudy Giuliani at the time was so232425proximate to Mr. Trump, President Trump, that anything that Isaid would get back to him.Q. Did Mr. Costello mention anything to you aboutTheresa MagniccariSenior Court Reporter

L23M. Cohen Direct/Hoffingerwhether--withdrawn.3595After the meeting with Mr. Costello, did you also havesome phone calls with him?A.45Yes.Q.Did you also exchange some emails or text messages with106him?A.Yes.78のQ. In some phone calls, did he ever mention to you that itwould not be a good idea for you to speak with President Trumpdirectly?1011A.Yes.12Q.And did he suggest some other method of communication?13A.Again, back channel from Robert Costello to Rudy.1415Q.Now, you mentioned that you exchanged emails withMr. Costello?16A.Yes.17181920Q.And on the thumb drive that you previously reviewed,did you also have an opportunity to review emails withMr. Costello marked as People's Exhibit 203 to 205 foridentification?21A.Yes, ma'am.2223Q.Did you exchange those emails from your email accountto Mr. Costello's email account?24A.Yes.25Q.And other than some redactions, are those emails exactTheresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger1copies of email communications you exchanged with Mr. Costello2on the dates and times reflected in those emails?359634A. They are.MS. HOFFINGER:ОтExhibit 203 through--Your Honor, I offer People'sI apologize, 208 in evidence.10MR. BLANCHE:No objection.7THE COURT:People's 203 through 208 are accepted8into evidence.610111213(Whereupon, People's Exhibits 203 through 208 werereceived and marked into evidence.)MS. HOFFINGER: Now, can we please put up People'sExhibit 203.(Displayed.)14Q.Can you tell the jury what this is, and walk us through15it?161718192021A. This is an email that I received from Robert Costelloon Thursday, April 19, 2018, at 6:45 p.m. It is cc'd to JeffreyCitron as a followup:"I am sure you saw the news that Rudy is joining theTrump legal team. I told you my relationship with Rudy, whichcan be very, very useful for you. Bob Costello."22Q.What did you understand this email to be about?23A.To validate the relationship with Rudy that he24expressed to me. And, again, to re-enforce the whole concept of25the back channel.Theresa MagniccariSenior Court Reporter

M. Cohen Direct/HoffingerL2evidence.MS. HOFFINGER: Please put up People's 204 in3(Displayed.)35974Q.Can you read that email and also explain it to the5jury?10A.It is from Robert Costello.Again, to me. Dated1314157 Saturday, April 21, 2018, at 12:02 a.m.86101112wasSubject is:He writes:Giuliani.Privileged and confidential."Michael, I just spoke to Rudy Giuliani and told him Ion your team. Rudy was thrilled and said this could not bea better situation for the President or you. He asked me ifit was okay to call the President and Jay Sekulow. And I said,fine.""We discussed the facts, Jay Goldberg's stupid remarks,16et cetera."17He said: "I can't tell you how pleased I am that I1819202122232425could work with someone I know and trust. He asked me to tellyou that he knows how tough this is on you and your family andhe will make sureHe said: "Thank you for opening this back channel ofcommunication and asked me to keep in touch.""I told him I would after speaking to you further.""Bob."Q. And, again, who is Jay Sekulow referenced in here asto make sure to tell the President."Theresa MagniccariSenior Court Reporter

M. Cohen Direct/Hoffinger3598235OT10well?A.Attorney for the President.Q. Who did you understand, based on this email and yourcommunications with Mr. Costello, that that back channelcommunication would be with?A. The back channel was Bob Costello to Rudy to President67Trump.861011121314205.MS. HOFFINGER: Please put up People's Exhibit(Displayed.)Q. Mr. Cohen, if you would explain who those emails are toand from and read the email to the jury?A.It's from Robert Costello.It was sent on Saturday,Subject:15April 21, 2018, at 8:57 p.m. to me.Again, Giuliani.16It is stating:Attorney-client communication,17privileged.18"I spoke with Rudy. Very, very positive.You are19loved. If you want to call me, I will give you the details.2021I told him everything you asked me to and he said they knewthat. There was never a doubt, and they are in our corner.22Rudy said this communication channel must be maintained. He23 called it crucial and noted how reassured they were that theyhad someone like me who Rudy has known for so many years in thisYou have friends in high places."2425role. Sleep well tonight.Theresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger35991234"P.S.:Some very positive comments about you from theWhite House. Rudy noted how that followed my chat with him lastnight."Q. What did you understand Mr. Costello to mean by "you5 are loved," by whom?७786A. By President Trump.Q.What did you understand him to be referring to when hesaid "they are in our corner?"A.Meaning the President and Rudy.Q. And what did you understand him to be referring to as"friends in high places?"101112A.Friends in high places was President Trump.13Q.141516And the P.S., where he says, "Some very positivecomments about you from the White HouseMS. HOFFINGER: Can we put up People's 407F thatwe just saw a little while ago."17(Displayed.)18Q.19Truth20A.2122What is the date, what is the date of these publictweets that we saw President Trump issuing about you?April 21, 2018.Q. Is that the same date as the email that Mr. Costellosent you?23A.Yes.2425Q. Did you understand Mr. Costello in his email to beresponding to these public tweets that President Trump madeTheresa MagniccariSenior Court Reporter

M. Cohen Direct/Hoffinger3600L2345OT1078610about you?A.Yes.Q. What, if any, effect did these emails fromMr. Costello, together with President Trump's support tweets foryou on April 21st, what, if any, effect did they have on you?A. It let me know that I was still important to the teamand stay the course, that the President had my back.MS. HOFFINGER:Exhibit 206 in evidence.A.Q.(Displayed.)Can we take a look now at People'sIs this email some months later, now in June of 2018?Yes.Can you read this email for the jury, please, and theto and from and the dates?A.It's from Robert Costello. Dated June 7, 2018, at 3:16p.m. to me.11Q.121314151617Marked:1819Attorney-Client Privilege Communication."Michael, to prove to you that Rudy Giuliani called meand I did not call him, I photographed the pages from my iPhone,20which I am attaching.They show that you called me at 11:302122a.m. today on my cell and that the next call I had was twoincoming calls from Rudy Giuliani at 1:08 p.m., and then at 1:1523p.m., because the first cell call transmission was lost.24Calling from Israel."25"And Guilani called me back at 1:15."Theresa MagniccariSenior Court Reporter

M. Cohen Direct/Hoffinger3601L"After you called me back at 2:43 p.m. and we spoke, I2 called and left a message for Rudy at 2:55 New York time. I34will let you know when I hear back from him."Q. What do you understand Mr. Costello communicating here5 and what was going on at the time?10A. He is demonstrating his close proximate relationship7 to Rudy Giuliani.810101112Again, at this point in time I had not retainedCostello or advised him that I was going to be retaining him.In order to stay in the fold, he was expressing to mehis obvious relationship to Rudy Giuliani who was proximate toPresident Trump.MS. HOFFINGER: If you can take that down. Pleaseput up People's 207 in evidence.Thank you.Can we blow that up, the first paragraph.Is there a way to blow up first the firstparagraph?13141516171819202122Q.23date?24A.25Can we see the date at the top of the email. Canwe blow up the top of the e-mail for Mr. Cohen.(Displayed.)Can you explain who it is from and who it is to and theAgain, from Robert Costello. It's dated June 13 of2018 at 3:21 p.m.Theresa MagniccariSenior Court Reporter

L2M. Cohen Direct/HoffingerSubject: Forward update draft.Again, it's sent to me.36023Q.4A.Can you read that first paragraph?"Michael, since you jumped off the phone rather5 abruptly, I did not get a chance to tell you that my friend has106786communicated to me that he is meeting with his client thisevening."And he added, "if there was anything you wanted toconvey, you should tell me and my friend will bring it up for10 discussion this evening."1112Q. Who did you understand his reference to be "my friend;"in other words, who was "my friend" that he is meeting with,his client this evening? Who did you understand that to be areference to?131415A.Rudy Giuliani.16Q.Who would Mr. Gulani's client be?17A.Donald J. Trump, President Trump.18192021spy-ish.2223Q. Did you have some understanding about why he didn'tjust say outright Rudy Giuliani and President Trump?A.Sort of to be covert. It's all back channel sort ofDidn't want to put anybody's name. Why on this one asopposed to this one? But, clearly, never mentioning PresidentTrump, using code words.24MS. HOFFINGER:Can we blow up the second25paragraph in the email.Theresa MagniccariSenior Court Reporter

LM. Cohen Direct/Hoffinger(Displayed.)2Q.Read that, Mr. Cohen?360334realA."I would suggest that you give this invitation somethought. Today's newspaper story should not rattle you.5 The event announced today we thought would be announced Friday1067or Monday, so it's merely a difference of timing.""MWE, McDermott Will & Emery, were brought in to a8 discrete task. They performed those services in an exemplaryfashion. This is not a change in plan. Rather, it is exactly6what was planned.""Your message, or the message of MWE, should bepositive and not negative in any way. What you do next is foryou to decide.But if that choice requires any discussion withmy friend's client, you have the opportunity to convey that thisevening, but only if you so decide."Q.Again, what did you understand him to be saying, "Ifyou want to convey something to my friend's client?"10111213141516171819MS. HOFFINGER:Can we blow up the third20paragraph.21Q.22A.Who is my friend's client in that paragraph?President Trump.23Q.Read the third paragraph.24A."I must tell you, quite frankly, that I'm not used to25listening to abuse like today's conversation.A.Talking about potential pre-pardons, I believe.You have calledTheresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger36041234510678のme numerous times over the last month to discuss issues. I havealready tried to be as helpful as I could.""You told me back in April that I was part of the team.I've acted accordingly on your behalf.""When I suggested that we meet and discuss a strategyfollowing this news, you suddenly took a new approach andstated, "That's not going to happen.""Stunned by this remark, I was asking you for aclarification of our legal relationship. You indicated that youwould be talking to someone in a boutique firm that was notWhen I noted that you were willing to1011ready to get involved.12sit down with them but not sit down with us, you had anunfortunate outburst.""I relayed the situation to Jeff Citron, who suggestedthat you probably were just having a bad moment, but that it wasnecessary to seek clarification of our position with you inlight of your remarks."131415161718Q. What was happening at the time?What did you1920A.212223understand this to be about?So, Mr. Costello, again, pressuring me, as he had done,with constant calls and sending me emails and so on. And hewanted to absolutely be retained to represent me in this matter.I stated to him that I was speaking with someone in a24 boutique firm and that we were still not yet ready for the25engagement.Theresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger3605L234He was angered that I was willing to sit down with thatother attorney, but not sit down with them. And so I had hadenough and I told him.Then it goes on to mention Jeff Citron. That is the5 lawyer who I had the relationship with on the Advisory Board of1067861011Sterling Bank for a couple of years.And, then, of course, expressed in the last line thatit was necessary to seek clarification of the position in lightof me telling them that's just not going to happen.My concern here was that all of these conversationswere being relayed back to Mr. Giuliani and, of course, hisclient, President Trump.MS. HOFFINGER: Can we pull up the last paragraphin the email.1213141516Q.17A.181920(Displayed.)Can you read that, Mr. Cohen?"Please remember if you want or need to communicatesomething, please let me know and I will see that it gets.done. I hope I am wrong, but it seems to both Jeff and I,perhaps we have been played here. Let me know what you want todo."Q. What did you understand him to be mean "that it seemedlike he was being played here?"21222324A.I was not going to retain them. That they had, of25course, expressedJeff I should say, Bob Costello hadTheresa MagniccariSenior Court Reporter

M. Cohen Direct/Hoffinger13606expressed clearly to Mr. Giuliani that he was on the team and2that he was going to be representing me. The concern here was3that I was going to go to another lawyer and retain another4lawyer to represent me in this matter.56Q. What did you understand him to mean by "If you need tocommunicate something, he would get it done," who did youunderstand he was talking about communicating with?78A.To Rudy Giuliani.Ultimately, to reach President9Trump.10MS. HOFFINGER:Thank you.1112131415161718192021You can take that down.Please put up People's Exhibit 208. Blow up thetop of the email.(Displayed.)A. This is from Bob Costello to me on Thursday, June 14,2018, at 9:45 a.m.Hyperlink to a YouTube video. And he writes:"Something you should see. Bob."Q. And do you have a recollection of what that video thathe was sending you, what it was about, or did he disclose it ina further part of this email?22A.I don't.23MS. HOFFINGER: Let's take a look at the next24email in the chain.25(Displayed.)Theresa MagniccariSenior Court Reporter

1M. CohenDirect/Hoffinger3607Q.What does the subject line of your response email to2 him say?34OT510A.Probe.""Giuliani on Possibility of Cohen Cooperating: MuellerQ. Does that refresh your recollection about what theYouTube video was about?67A.Yes, ma'am.8Q.What was it about, in general?10A.It was Rudy Giuliani in a TV appearance talking aboutmy potential cooperation with the Mueller probe.Q. And what did you respond to him?Why send this to me?MS. HOFFINGER: Can we look at the next email inthe chain, where there is an answer from Mr. Costello. Ifyou could blow up the first paragraph.101112A.1314151617181920A.(Displayed.)This is an email, again, from Robert Costello to me.The same date, June 14, 2018, at 1:12 p.m."The answer to your question will be found in watching212223the video. It seems clear to me that you are under theimpression that Trump and Giuliani are trying to discredit youand throw you under the bus, to use your phrase.""I think you are wrong, because you are believing the24 narrative promoted by the left wing media. They want you tobelieve what they are writing. Many of them are already writing25Theresa MagniccariSenior Court Reporter

M. Cohen Direct/Hoffinger1that you are cooperating.3608This strategy has been consistent2 from the start, to put pressure on you into believing that you3451067are alone. That everyone you knew before is distancingthemselves from you and you are being 'thrown under the bus'.""The whole objective of this exercise by the SDNY is todrain you emotionally and financially until you reach a pointthat you see them as your only means to salvation.I told you8 that the very first day I met you."6MS. HOFFINGER:Blow up the last paragraph as wellin this email.(Displayed.)"You are making a very big mistake if you believe thestories these journalists are writing about you. They want youto cave. They want you to fail. They do not want you topersevere and succeed.""If you really believe you are not being supportedproperly by your former boss, then you should make your position101112A.13141516171819202122232425you."known.""If you really want certain things to happen, youshould make that known.""If you really want other lawyers to refrain fromsaying this or that, you should make it known.""You have the ability to make that communication whenyou want to.Whether you exercise that ability is totally up toTheresa MagniccariSenior Court Reporter

M. Cohen Direct/Hoffinger36091Q. What did you understand Mr. Costello to be2communicating to you here?3A. And this is part of the pressure campaign, that4567the fold.everyone is lying to you. That you are still regarded.President still supports you. Do not speak. Do not listen towhat any of the journalists or anybody are saying and stay inDon't flip. Don't speak. Don't cooperate.The8Q. Did you understand that he waswhat did you910understand he was telling you about whether you shouldcooperate with law enforcement?11A.Not to.12Q.What did you understand him to be saying to you in131415terms of, if you really want things to happen, if you want tomake things known, you should let me know%;B what did youunderstand that to be about?16A.Again, him being a back channel.17Q.Back channel to who?18A.Back channel to the President via Rudy Giuliani.19Q.20--withdrawn.2122232425Mr. Cohen, did you ever tell the truth, Mr. Cohen,about President TrumpMr. Cohen, did you ever tell the truth to Mr. Costelloabout Donald Trump's involvement in AMI's purchase of KarenMcDougal's story to prevent that coming out before the electionor Donald Trump's involvement and direction to your payingStormy Daniels to prevent her story from coming out before theTheresa MagniccariSenior Court Reporter

1election?2A.No.M. Cohen Direct/Hoffinger36103Q. Why did you not tell Mr. Costello the truth about4 Mr. Trump's involvement in those matters?51067816A.I didn't trust him. Meaning, Bob Costello. And I wasstill remaining loyal to Mr. Trump.Q.Did you believe that if you told him the truth, that hewould tell that to someone?A.Yes.10Q.11Who did you believe he would tell it to?A. I believed, based upon all of our conversations, thathe would immediately run back to Mr. Giuliani and thatcommunication would be divulged to President Trump.Did you ever retain Mr. Costello to represent you?No.Q. Did you instead retain other lawyers to represent youin connection with the criminal investigation by the SouthernDistrict of New York?121314Q.15A.16171819A.2021222324A.Yes.25Q.And tell the jury a bit about those conversations withI did.Q. Now, in the months after those FBI raids on your home,your office, your hotel room, in addition to seeking advice fromlawyers about what to do, did you have some conversations withyour family about the matter?Theresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger36111your family?2345unique situation I never experienced.6A. Well, at that point in time we didn't even know whatthe Southern District of New York was even looking at. And theconversations with my family was what to do. We're in thisAnd my family, my wife,my daughter, my son, all said to me, why are you holding onto7this loyalty? What are you doing?We're supposed to be your8first loyalty?9Q.So what decision did you make?10A.1112That it was about time to listen to them.Q. What did you decide about where your loyalty should begoing forward?13141516Let me direct your attention now to August 21, 2018.Did you plead guilty on that day in a court in the SouthernDistrict of New York to a number of federal crimes?A.To my wife, my daughter, my son, and the country.Q.17A.I did.18Q.192021A.22232425By that time, in late August of 2018, what, ifanything, had you decided about whether you would continue tolie for President Trump?I made a decision based on the conversation that I hadwith my family, I would not lie for President Trump any longer.Q. And on August 21, 2018, did you plead guilty to onecount of making an excessive campaign contribution in violationof the Federal Election Campaign Act?Theresa MagniccariSenior Court Reporter

M. Cohen Direct/HoffingerLA.I did.2Q.What did that charge relate to?3A.Stormy Daniels.4Q.And did it relate to, specifically, your paying536121067$130,000 to Stormy Daniels to buy the life rights to her storyso that it would not be public and that it was done on behalf ofPresident Trump to influence the election?8A.Yes.61011121314151617Q. Did you admit that you paid that money to StormyDaniels in order to influence Mr. Trump's electoral prospects?MR. BLANCHE:Objection.THE COURT: Approach.(Whereupon, proceedings were held at sidebar:)THE COURT: Please read back the last twoquestions.(Whereupon, the Official Court Reporter read backthe referred-to-questions.)18MR. BLANCHE: We object to leading the witness.19202122If the question is: Did you plead guilty?Yes. What didyou plead guilty to? That's fair. But just leading himthrough the allegationsTHE COURT: That's fair.23I apologize.That's fair. I was sustaining the24objection.25And also let me know if you want a limitingTheresa MagniccariSenior Court Reporter

L23M. Cohen Direct/Hoffinger3613instruction to the jury.MS. HOFFINGER:And there's a few more questionsabout the plea.4OT1078610MR. BLANCHE: And I do.Thank you, Judge.(Whereupon, the following proceedings were held inopen court:)THE COURT: The objection is sustained.MS. HOFFINGER: Thank you.CONTINUED DIRECT EXAMINATIONBY MS. HOFFINGER:Q.In fact, Mr. Cohen, did you pay the money to StormyDaniels in order to influence the election for Mr. Trump?MR. BLANCHE:Objection.THE COURT: Sustained.Q. Why, in fact, did you pay that money to Stormy11121314151617Daniels?181920212223A. To ensure that the story would not come out, would noteffect Mr. Trump's chances of becoming President of the UnitedStates.Q. If not for the campaign, Mr. Cohen, would you have paidthat money to Stormy Daniels?2425A.No, ma'am.MR. BLANCHE:Objection.THE COURT: Overruled.Theresa MagniccariSenior Court Reporter

LM. Cohen Direct/HoffingerYou can answer.361423510786A.No, ma'am.Q. At whose direction and on whose behalf did you committhat crime?A. On behalf of Mr. Trump.Q. Now, was one of the other charges that you pled guiltyto in the Southern District of New York Causing an UnlawfulCorporate Contribution in Violation of the Federal ElectionCampaign Act?A.Yes, ma'am.What did that relate to?That related to my participation with AMI in the KarenMcDougal matter.10A.11Q.1213141516171819202122232425Q. And what was the purpose of your working with AMI topay off Karen McDougal?A. In order to ensure that Mr. Trump was protected andthat that story would never be released.Q. For what purpose?A. For the purpose of ensuring that it also didn't effectthe Presidential Campaign.Q. Did you work with AMI to do that, in order to influencethe 2016 Presidential Campaign?MR. BLANCHE: Objection.THE COURT: Sustained.Q. Why did you work with AMI to pay off Karen McDougal?Theresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger3615L2mA. In order to ensure the possibility of Mr. Trumpsucceeding in the election, that this would not be a hindrance.Q. Not be a hindrance, did you say?4A.5106786Correct.Q. On whose direction, on whose behalf did you work withAMI to do that?A.I worked with Dylan Howard. I worked with DavidPecker. And also Dan Rotstein.Q. At whose direction and on whose behalf did you do that?At the direction of Donald J. Trump.For the benefit of Donald J. Trump.Now, did you also plead guilty to five counts ofMR. BLANCHE: We would ask for the instruction,please.THE COURT: All right.Jurors, I'm going to give you an instruction at10A.11Q.And for whose benefit?12A.13Q.141516171819202122232425this time.You have just heard testimony that Michael Cohenpleaded guilty to violating the Federal Elections CampaignAct, otherwise known as FECA.That evidence was permitted to assist you, thejury, in assessing Mr. Cohen's credibility as a witness andto help provide context for some of the events thatfollowed.Theresa MagniccariSenior Court Reporter

L234OT10only.M. Cohen Direct/Hoffinger3616You may consider that testimony for those purposesMr. Cohen's plea is not evidence of thedefendant's guilt, and you may not consider it indetermining whether the defendant is guilty or not guiltyof the charged crimes.MS. HOFFINGER: Thank you, your Honor.Q. Mr. Cohen, did you also plead guilty to five counts ofEvasion of Personal Income Tax for the years 2012 to 2016?7810A.I did.1112Q. Did you also plead guilty to one count of Making FalseStatements to a Financial Institution?613A.I did.1415Q. Were those counts: Tax Evasion and False Statements toa Financial Institution, were those in any way related to16Mr. Trump?17A.No.1819Q. Mr. Cohen, what was that day like for you, pleadingguilty to all those crimes?2021A.Worst day of my life.MS. HOFFINGER:2223Can we please put up People'sExhibit 407H and 4071. If we can do them together.(Displayed.)24Q. Mr. Trump--I am sorry, Mr. Cohen, are you able to25read those?Theresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger36171A.Yes, ma'am.2Q.What dateyou plead guilty on August 21, 2018?3A.That is correct.4Q.5A.16Q.What are the dates of these tweets by President Trump?August 22 of 2018.Were these the day after you pled guilty in Federal7Court?8A.Yes, ma'am.9Q.1011Can you please read one and then the other.First of all, were you aware of President Trumptweeting these on that day?12A.Yes.1314On his post he writes: "If anyone is looking for agood lawyer, I would strongly suggest that you don't retain theservices of Michael Cohen."151617181920Then put out another one: "I feel very badly for PaulManafort and his wonderful family. Justice took a 12-year oldtax case, among other things, applied tremendous pressure onhim, and unlike Michael Cohen, he refused to break, make upstories in order to get a deal. Such respect for a brave man."2122Q. Who did you understand these tweets by Trump to beaddressed to?23A.To me.24Q.25What, if any, message did you understand he wascommunicating to you?Theresa MagniccariSenior Court Reporter

M. Cohen Direct/Hoffinger3618L23A.Certainly displeasure that I no longer, I guess, wasimportant to the fold.Q. What, if anything, did you understand was beingcommunicated to you about whether you should cooperate with law5 enforcement?107A. No, do not cooperate.Q. What, if any, effect did it have on you at the time to8 have the President of the United States tweeting this about you101011121314the day after you pled guilty?A. It caused a lot of angst, anxiety.MS. HOFFINGER:Now, you can take those down.Q. Now, in spite of President Trump's public tweets aboutyou, about three months later, on November 29, 2018, did youalso plead guilty to one count of Making False Statements to15 Congress in 2017?16A. Yes, ma'am.1718Q. And was that for making false statements to Congress in2017, in connection with the Russia probe that you describedpreviously to the jury?A.Yes. A number of times and the duration, which I hadstated and submitted as part of the record that I had spoken toMr. Trump about the Trump Tower Moscow Project.19202122232425A.Yes, ma'am.Q.And were those false statements that you made toCongress in 2017 while were you Mr. Trump's personal counsel?Theresa MagniccariSenior Court Reporter

M. Cohen Direct/HoffingerLQ.President Trump's personal counsel?2A.Yes, ma'am.361934OT106781010Q. Now, let me direct your attention to December 12, 2018.As a result of pleading guilty to the federal crimes that you'vejust described, your pleading guilty in August of 2018 and alsoNovember of 2018, were you sentenced by a Court in the SouthernDistrict of New York?A.Q.I was.And what was the sentence that you received from thecourt as a result of pleading guilty to those crimes?A. 36 months incarceration followed by 36 months ofsupervised release.Q. And were you also required to pay fines and somerestitution?1112131415A.Yes.16Q.Explain that to the jury, please?171819A.So the restitution stemmed from the amount of tax thatwas not paid over the years from 2012 through 2016. And thattax bill amount was $1,394,000.20Q.And did you pay those taxes back to the IRS?21A.I did, before even sentencing, when I finally found outfrom the Southern District of New York what the actual amount2223was.24Q.After, were you also assessed some fines by the Court?25A.Yes, ma'am.Theresa MagniccariSenior Court Reporter

M. CohenDirect/HoffingerL23OT5Q.3620And did you, after being sentenced, did you also paythose fines?A.I did. There were two fines. Each one for $50,000.One that dealt with Stormy Daniels and the other one that wasfor the campaign finance violation, I believe.106Q. Were you certainwas one of them for the false7statements to Congress?810A. Yes, that's the false statement to Congress.Q.Now, approximately, when did you surrender to prison asa result of your sentence?1011A.May 6th.12Q.Of what year?13A.Of 2019.141516Q. Now, about three months after you surrendered toprison, in February of 2019, did you testify publicly beforeCongress?17A.I did.18Q.19A.20212223And how did that come about?That came about by Representative Elijah Cummings, whowas the Chair of the House Oversight Committee, reaching out toLanny Davis, who is an attorney and was assisting me in legalstrategy, as the case that I am talking about, the criminalcase, was going on. They reached out to him and asked for me to24appear.25Q. Did you provide information to both the House andTheresa MagniccariSenior Court Reporter

M. Cohen Direct/HoffingerSenate Intelligence Committee and also the House OversightCommittee?123A.Yes.45Q. Did you agree and actually testify publicly beforesurrendering to prison?16A.I did.7Q.Was your testimony before Congress televised?8A.One of them was, yes.9Q.And widely reported in the news as well?10A.11Q.12It was.And did you testify about a number of issues andmatters relating to President Trump and some others?13A.I did.3621141516Q. Did you, among other things, testify about PresidentTrump having directed you to pay off Stormy Daniels as prior tothe election?17A.I did.18Q.19Did you also testify about President Trump reimbursingyou for those payoffs?20MR. BLANCHE:Objection.21THE COURT: Sustained22Q. What, if anything, else did you testify about23concerning reimbursem*nt?24A. That Mr. Trump had directed me, and it was for his25benefit.Theresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger36221Q.Did you testify at all about the reimbursem*nt of the2 monies to Stormy Daniels?34MR. BLANCHE:Objection.THE COURT: Sustained.5106786101112Q. What, if anything, else, did you testify aboutconcerning the matter?A.I testified about the reimbursem*nt of the $130,000with the payments made to me on the monthly basis.Q. Did you apologize to Congress during that testimony?A.I apologized to Congress. I apologized to the country.I apologize to my family.Q. Did you apologize to Congress for also lying to them in132017?14MR. BLANCHE:Objection.15161718THE COURT: Sustained.Q. What, if anything, did you apologize to Congress about,specifically?A. For lying to them in the 2017 hearing that I was19subpoenaed to attend.20Q.Did you also apologize to the American public?21A.I did.22Q.What did you apologize to the American public for?232425A. For lying to them, for acting in a way that suppressedinformation that the citizenry had a right to know in order tomake the determination of the individual who was seeking theTheresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger36231highest office in the land.23Q. What was that experience like for you, to testify sopublicly before Congress?4A.51067Horrible.Q. Now, before you surrendered to prison in May of 2019 toserve out your sentence, did you also meet with and provideinformation to Prosecutors, for example, from the Special8 Counsel's office?6A.Yes.1011Q. Is that the office that was investigating the Muellerinvestigation?12A.Yes.13Q.Did you meet with them on a number of times?14A.Yes.15Q.And provide information to them?16A.I did.171819Q. To be clear, on your very first meeting with them inAugust of 2018, did you tell them the truth about your testimonybefore Congress in 2017?20A.I did not.21Q.Why not?22A.Because I was still holding onto the loyalty to232425President Trump.Q. And after pleading guilty in August of 2018, August 21of 2018, did you meet with the Special Counsel's Office on aTheresa MagniccariSenior Court Reporter

LM. Cohen Direct/Hoffingernumber of other occasions?2A.I did.3624MQ. At that point, did you admit that your prior statements4 to Congress were false?5A.Yes.10Q.And did you provide them with other truthful testimony?7I did.89A.Q.A few months after testifying publicly to Congress inMay of 2019, did you start your sentence, prison sentence?10A.I did.11Q.Where did you serve?12A.The Federal Correctional Institution in Otisville.13Q.How long did you spend in prison?14A.15Q.Thirteen months.You said your sentence was originally 36 months?16A.That's correct.17Q.Why did you serve only 13 months?1819202122A.As a result of COVID, under the CARES Act, based uponmy comorbidities, I was permitted to leave and serve theremainder of the sentence in home confinement.Q. And were others similarly released during COVID fromprison to serve out the rest of their time in home confinement?23A.Yes, ma'am.2425 (Whereupon, Theresa Magniccari, Senior Court Reporter wasRelieved by Laurie Eisenberg as Senior Court Reporter.)Theresa Magniccari

M. Cohen Direct/Hoffinger36251(Continued from the previous page.)234Q At some point while you were on home confinement orbeforewithdrawn.At some point when you were released from prison and you5were back in New York City, did you--did you becomeat6some point, were you sent back to prison?7AI was.8Can you describe, just very briefly for the jury, what9happened?1011MR. BLANCHE:Objection.THE COURT: Overruled.1213141516171819202122232425A I was on furlough, which is the way that theinstitution had returned me home, and awaiting a date to meetwith a company called GEO, which does residential reentry. Theydo the monitoring under what's called the Federal LocationMonitoring Agreement. It's an ankle bracelet.And I was finally given a date and was supposed to, thefollowing day, head up to the Bronx to sign the paperwork andto do, um, the installation of the ankle bracelet.Instead, I received a phone call from an individual by thename of Adam Pakula over at 500 Pearl Street, which is the areaof the Southern District of New York. They have their Bureau ofPrisons, as well, Department of Correction. And I'm told that Ineed to go there instead of up to the Bronx.And it just didn't make any sense. So I asked a friend ofLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger36261234mine who happens to be a lawyer, Jeffrey K. Levine, to comewith me because something just seems wrong.We get there, and we're brought into an office with AdamPakula, with his supervisor Ms. Enid Febus, and they give us a56two-page document that's supposed to represent the FederalLocation Monitoring Agreement.789101112131415161718192021AYes.22232425It doesn't look like a Federal document to me or to myfriend, Jeff. There's no identifiable numbers on it, some typosand spelling mistakes.And we're reading the first paragraph, and the firstparagraph is a very broad paragraph of First Amendmentviolations: I'm not allowed to speak to the pressMR. BLANCHE: Objection.THE COURT: Sustained.Just, Mr. Cohen, I'llMS.HOFFINGER: I'll just ask a few leadingquestions if I might, your Honor?THE COURT: Yes.Mr. Cohen, did the Agreement prevent you from speakingpublicly and writing publicly?ADid you agree to sign that Agreement at that time?I asked them if we could tamp down the language, as Ihad been working on a book――MR. BLANCHE:Objection.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/HoffingerTHE COURT:Sustained.Q Mr. Cohen, I'm going to ask you a few direct1234ASure.5questions.3627७A78Just to shorten it up for the jury.Sure.When you were presented that Agreement, did youquestion it?9AI did.1011prison?As a result of questioning it, were you sent back to12AYes.13When you went to prison, where were you sent to?14ABack to solitary confinement.15161718And at some point, did you have a lawyer whopetitioned a Court in the Southern District of New York to haveyou released from solitary confinement and from prison, back tohome confinement?19AYes.20And did the Judge in the Southern District rule21MS.HOFFINGER:I see that Mr. Blanche is22standing.23MR. BLANCHE:Objection.24THE COURT:Sustained.25Q As a result, were you sent back; was a decision madeLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger36281that you were sent back to your apartment to continue the rest2of your sentence in home confinement?34AYes, ma'am.Now, at various times, you mentioned that you provided5information to the Special Counsel's Office?A(Nods yes).78Q Did you also provide information to other lawenforcement officers at their request?9AYes, ma'am.10111213For example, did you provide information to the NewYork Attorney General's Office?AYes.Did you also provide information to our Office, theNew York County District Attorney's Office?At our request, on a number of occasions?1415AYes.1617A1819Yes.In fact, the first time that you met with the DistrictAttorney's Office of New York, was that when you were stillincarcerated in prison?2021AYes.22And you did that at our request?23AYes, ma'am.2425And did you continue on a number of occasions to meetwith our Office to provide information and to answer questions?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger1AYes. On a total of three occasions.23629On many occasions after that, did you also continue toprovide information to our Office, on many occasions?34AYes.567AI did.8Now, in March of 2023, in connection with this case,did you testify in the grand jury?9And when you testified in the grand jury pursuant tothat subpoena, did you automatically receive immunity?10AI did.111213And is it your understanding that that automaticimmunity is provided to every witness who testifies in a grandjury in New York?14AThat's what my lawyer, Donny Perry, told me.15Now, since 2018, when you pled guilty to Federal16crimes and you were sentenced for those Federal crimes, have17you applied to the Court in the Southern District to receive a18reduction in the sentence that you received there in that19Federal Court?20AYes.2122Have you and your attorneys, at times, asked ourOffice to provide you with a letter detailing your cooperation2324with our Office, your providing information to us on a numberof occasions at our request?25AYes, ma'am.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger363012And was that to assist you for your request in seekinga reduction in your sentence for those Federal crimes?3AYes.4In the year 20――withdrawn.567In 2021, was it your understanding that our Office said wemight provide you with such a letter detailing your cooperationwith our Office if the Southern District of New York8Prosecutors would consider it in reducing your sentence?9AYes, ma'am.101112And was it your understanding that the SouthernDistrict Prosecutors declined to accept such a letter as abasis to reduce your sentence?1314AYes.And so,as a result, did our Office ever provide you15with such a letter?16ANo, ma'am.1718Despite that, have you still continued to provide ourOffice with information and continued to meet with us at our19requests?20A2122I have.Did your seeking a letter from our Office detailingyour cooperation impact you telling the truth in meetings with23our Office?24ANo, ma'am.25Did it impact your telling the truth in your testimonyLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger36311before the grand jury?2ANo, ma'am.34A15067phones.Did it impact your telling the truth here in court?No, ma'am.I want to ask you some more questions about the cellRemember the cell phones that the FBI seized in 2018 in8 connection with the search warrants?9AYes.101112At some point after you had returned home from prison,did those two cell phones get returned to you?AYes.1314A15Approximately, when? Do you know?(No response).In 2020 sometime?16AYes.17And when they were returned to you, did you power them18on?19AI might have.20For what reason might you have powered them on?21AJust to see if they were still working.2223And in the interim between when they seized thosephones and you went to prison and you came back, did you getanother cell phone or other cell phones?2425AI did.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger3632And were you using other cell phones at the time?12ACell phone.3Cell phone.4One cell phone?5A(Nods yes).678910And what did you do with those older phones that werereturned to you by the FBI?AOne of them remained in one of the many boxes thatwere returned.And the other one was in a pouch that went into a drawerwith a bunch of cell phones that were taken.Ω And that bunch of cell phones, were those did thosebelong to other family members?A Yes. They belonged to my wife, my children. Over theyears, accumulating cell phones.Now, you said that the two cell phones were returned11121314151617to you;1819AI did.2021A2223one remained in a drawer, one was in a pouch.Did you use one of those phones for a particular purpose?2425What did you use that for?Myself and my friend/attorney, Jeffrey Levine, wereengaging in a conversation with the Bureau of Prison regardinga FOIA request that was made; ignored. So, we were on thetelephone with the individual from the BOP. And I wanted torecord the conversation, because we were in litigation withLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger3633them as well. So, I powered one of the cell phones up, and hadmy cell phone on speaker, and I recorded it.So, did you use the older cell phone that you got backfrom the FBI to record a conversation on the new cell phone?12345AYes.6789ANo.And at that time, were you under any legalrestrictions about how to use these old cell phones that yougot back from the FBI?101112And did you know in the year 2020, when those phoneswere returned to you, that three years later we might ask ifyou would surrender those cell phones to us?1314ANo, I did not.And when we asked you to provide those cell phones to15us in January of 2023, did you do so voluntarily?1617AI did.Now, did you provide the two cell phones on two18different dates in January of 2023?19AYes.20Can you tell us why?21AWell, the cell phone that was in the pouch, I knew222324where it was.The one that was in the box was down in the storage area,and I needed to go find it.25QSo, did it take you a couple of days to go find it?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger1AYes, ma'am.23Q And did you provide those two cell phones to uspowered off?4AI did.5363416A7And did you provide passwords to us for those phones?I did.Based on our request?8ABased off of your request.9And you did so voluntarily?10AI did.111213At any time with respect towithdrawn.At any time, did you alter or modify the audio recording ofyour conversation with Mr. Trump that was contained in People's14246?15A161718No, ma'am.Mr. Cohen, since you pled guilty in 2018 to thoseFederal crimes, have you made some public statements, insubstance, that you believe you should not have been criminally19 prosecuted for the tax evasion and making false statements to a20 financial institution?21AI did.22And are you disputing the facts of those underlying23 charges, the tax evasion and the false statements to a bank?24MR. BLANCHE:Objection.25THE COURT: Overruled.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger36351Are you2ANo, I'm not.34I have constantly maintained that I do not dispute the factthere wasan error in the taxable amount and the tax that was5due.67891011What I did dispute, and I continue to dispute, is that fora first-time offender, who has consistently paid taxes on itsdue date and never having been, um, audited, that this would goimmediately to a criminal charge.From the day that we found out, I was given 48 hours withinwhich to plead guilty or the Southern District of New York wasgoing to file an 80-page indictment that included my wife.Is that because your wife had also signed those121314documents?15AThat's correct.161718With respect to the charge of false statements to abank, are you disputing the underlying facts of that charge?ANo.19What is it that you're disputing with respect to that20charge?21AThat the222324that there was materiality in the, um,statement that they say was inaccurate or missing.I had the HELOC, again, which I think I explained.Go on.25AThe home equity line of credit.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger363612I had 80 percent equity in my home. And the same bank hadthe mortgage. It's supposed to be a line of credit based off of3your home's equity. There was ten times coverage.4567So, I didn't believe that it should have been brought as acharge, either, based upon materiality.I'd had a HELOC on that same property for ten years, justwith a different institution.8Are you disputing that there was an omission, however,9in the HELOC application submitted to the bank?10ANo, ma'am.11So, there was an omission?12AThere was.131415A1617A1819And you just don't believe you should have beencriminally prosecuted?Correct.For that offense?Correct.Nevertheless, did you take responsibility for thosetwo crimes?20AI did.21And you paid the taxes that were owed?22APaid the taxes, paid the fines, paid everything.23And you served time in prison?24AAnd served time in prison.25In fact, I remain, even today, still on supervised release.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger36371Now, Mr. Cohen, in October of 2023, did you testify at2trial pursuant to a subpoena? Were you called to testify for3the New York Attorney General's Office in a case, a civil case4against Mr. Trump, The Trump Organization, and some other5७executives at the Trump Organization?AI was.1011A78A9And did you testify over the course of two days?Yes, ma'am.And in connection with your testimony, were you alsocross-examined by Mr. Trump's lawyers in that case?I was.12And, in particular, were you askedwithdrawn.13In particular, were you cross-examined about statements14that you said you'd made publiclyI see Mr. Blanche is15rising.16171819202122232425MR. BLANCHE: Sorry.MS. HOFFINGER: It's all right.Would you like to approach?MR. BLANCHE:Objection.THE COURT: Come up.(Whereupon, the following proceedings were heldat sidebar:)MR. BLANCHE: Judge, in opening statements, whenI started talking about this incident, you sustained anobjection because the People represented that becauseLaurie Eisenberg, CSR, RPRSenior Court Reporter

12345७M. CohenDirect/Hoffinger3638the People represented to your Honor that it was argument.And now they're trying to elicit it from thiswitness on direct.on direct.I am definitely getting into it on cross.This seems appropriate for them on redirect, notI wasn't able to open on this. The objection wassustained on this.MS. HOFFINGER: I just intend to elicit why hetold the Court under cross-examination that he had lied toJudge Pauley in terms of his criminal plea. That's all.I'm not getting into anything further, but I'mgoing to have him explain why he told he testified in--that case that he had lied to Judge Pauley.It's consistent with what he testified to.MR. BLANCHE: I'm not trying to cry over spilled7891011121314151617milk.1819202122said that.232425That was exactly what was sustained on opening,that he had lied under oath to Judge Pauley.MS. HOFFINGER: You said "committed perjury".THE COURT: You called him a "perjurer" when heI think you did.MR. BLANCHE: He admitted he committed perjury.MS. HOFFINGER: He did not.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger363912345167891011He said he lied to Judge Pauley.THE COURT: It was a fine line.It was the use of the word "perjury" or"perjurer" that I sustained.MR. BLANCHE: Fine.I withdraw my objection.I needed to get that off my chest.(Whereupon, the following proceedings were heldin open court:)THE COURT: The objection is withdrawn.Mr. Cohen, in particular, were you cross-examinedabout statements that you've made about feeling that it wasunfair for you to have been criminally prosecuted for taxevasion and a false statement to the bank?12131415AYes, ma'am.16And did Mr. Trump's lawyers ask you--withdrawn.171819202122Did Mr. Trump's lawyers ask you if as a result of thosepublic statements you had made, that you had, therefore, liedin August of 2018 before the Judge who took your plea, meaningthat you had lied in taking a criminal plea to tax evasion andbank fraud?AYes, they did ask that.23Did you admit under questioning that, yes, you toldJudge Pauley that it was a lie when you agreed to plead guilty2425to those counts?Laurie Eisenberg, CSR, RPRSenior Court Reporter

1AYes.M. CohenDirect/Hoffinger36402345678910111213Can you explain, very briefly, what you meant when yousaid, yes, you lied to Judge Pauley when you took that criminalplea to those counts in 2018?A What I was saying: I was going to take responsibilitybecause the underlying fact I have never disputed.But, it goes back, again, to the issue that I was given48 hours to accept their plea offer or they were going to filean 80-page indictment that included my wife.And I was going to protect my wife.And, now, just to make sure that I'm clear, you'venever said that you lied to Judge Pauley about your plea to thetwo campaign finance violations; is that right?14MR. BLANCHE:Objection.15AThat's correct.16THE COURT:Sustained as to form.17181920The answer is stricken.Did you ever lie in connection with your guilty pleaor any other time about whether you were guilty of thosecampaign finance violations?21ANo, ma'am.2223A2425AMr. Cohen, are you still a practicing attorney?No, ma'am.Why not?I lost my law license as a direct result of this.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger36411As a result of your felony pleas?2AYes, ma'am.345How many years, in total, did you practice law beforeyou were disbarred?AThirty.67Over the years while you were practicing law, you saidyou had some businesses; is that right?8AThat's correct.91011A1213Do you still have the taxi medallion business that youtestified about?No, ma'am.And do you still just briefly, did you sell offthose businesses, the taxi medallion business?14ATwo separate times.151617181920212223242002, I sold a management company which I had 15 percentinterest to my ex partner, but I retained the medallions as anasset.As a result of the felony conviction, felons are notallowed to own New York City taxi medallions, so I had to sellthose.The same holds true to the taxi medallions I owned inChicago.You mentioned you previously owned some real estate.Have you sold much of that?25AYes, ma'am.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger364210111213141Do you still retain some real estate?2ANo. Only one secondary apartment.3As well as your own apartment?4AAs well as my primary residence.56Q789All the rest I had to sell.After pleading guilty to those felonies and beingdisbarred from practicing law, what type of work have you beenable to be engaged in now?Predominantly, it's media and entertainment.ATell usa little bit about that. What kind of mediaand entertainment do you engage in?AWhile I was on home confinement, I started my firstpodcast called Mea Culpa.What does that term, "Mea Culpa", mean?15AWell, I named it Mea Culpa for two reasons.16171819take.The first is, it means it's my responsibility, which IThe second is because it's my initials.Your podcast, Mea Culpa, what do you discuss on those20podcasts?21ANews of the day.2223Do you also spend a good deal of time on thosepodcasts discussing Mr. Trump?24AI do.25And your experiences with him?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger3643And do you make money as a result of that podcast?Yes, ma'am.Do you also have another podcast?1AI do.23A45AI do.16And do you make money from that, as well?--Do you also on that podcast discuss frequently on7AYes.89that podcast discuss President Trump?10AThat is also a news podcast.111213I do that with MeidasTouch and Ben Meiselas. The format isdifferent topics. It's for YouTube.Among other topics, did you discuss Mr. Trump?14AI do.15Have you written two books?16AI have.17What was the first book you wrote?18ADisloyal, which was a memoir.19When did you write that?20AWhile in prison.21Why did you write that book?222324A In order to pass the time.When you're in prison, time management is very important.It helps to make the time go quicker.25What is that book about?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger364412A The book is about many different things. It's aboutlife, growing up, my wife, and experiences while working for3Mr. Trump at the Trump Organization.4So, was a large part of that book about your5experiences with Mr. Trump?AYes.78And what about the book Revengemoney from that book, by the way, Disloyal?and you made some9AYes.1011ARevenge is--1213What about the book Revenge; what is that about?as I characterized it, it's about theprosecution against me by the Southern District of New York. Irefer to it as a forensic dissection of a corrupt prosecution14against--or a weaponization of the Justice Department by--1516against a critic of the President's.And are there portions of that book that are also17related to Mr. Trump?18AThere were portions, yes.19And have you made some money from that book, as well?20AYes, ma'am.2122And are these endeavors that you've engaged inconducted, largely, to support your family?23AYes.2425By the way, do you also in terms of your podcasts,do you make money by having advertisers; is that how you make--Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger36451money?2AYes.34A15016Have you also sold some merchandise?Yes, ma'am.Does that merchandise often have something to do withMr. Trump?7A89Um, there is one that is reflective of Mr. Trump.The others are just the name or a picture of myself.In February of 2021, did you invite Stormy Danielsonto your podcast, Mea Culpa?1011AI did.1213A141516And why did you do that?I thought it was time to speak to her. I had neverspoken to her before. I never communicated with her before. AndI thought it would be a good time to speak to her and mea culp,to apologize.17Apologize to her?18AYes, ma'am.1920A2122Daniels?Did you do that?I did.Was that the first time you've ever spoken to Stormy23A24I believe so.In person?25AYes, ma'am.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/HoffingerDid you invite her once more on another podcast?12AI did.364634Have you continued to be on the receiving end ofMr. Trump, of President Trump and his public comments about5you?AYes, ma'am.789Around the time that you testified in the grand juryin this case,comments about you on Truth Social?were you aware of Mr. Trump posting negative10AI was. Yeah, I was.11MS. HOFFINGER: Can we put up People's121314Can you--1516Exhibit 408A, please, in evidence.(Whereupon, an exhibit is shown on the screens.)do you notice the reference here to"convicted liar and felon, jailbird Michael Cohen, may haveschemed up"?17AYes, ma'am.18Do you understand that to be a reference to you at the19time, in March of 2023?20AYes.21Was that around the time that you were testifying in2223the grand jury in this matter?AYes.2425Is that just a representative sample of some of thepublic statements that Mr. Trump has made about you on TruthLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger36471Social and elsewhere?2AYes.3Have there been many others that have been directed to4you?5AYes.७QIn April of 2023789MS. HOFFINGER:You can take that down.Thank you very much.On April 12th of 2023, eight days after Mr. Trump wascharged here, did he file a lawsuit against you in Florida?1011AHe did.12How much did he sue you for?13AHalf a billion dollars.14Did his complaint against you also include claims15based on your testifying in the grand jury here?16AYes.1718A19And what, if any, effect did that lawsuit have on you?Financial, as well as emotional.Ultimately, what happened with that case?20AUltimately21Actually, I'm going to direct your attention to one22question.23Ultimately, did Mr. Trump did hewithdrawn.24Ultimately, did Mr. Trump dismiss that case against you?25AHe did.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger1Without telling us why.2A(Nods yes.)34Mr. Cohen, do you have any regrets about your pastwork and your association with Donald Trump?5AI do.3648७What are they?I regret doing things for him that I should not have:lying, bullying people in order to effectuate a goal.I don't regret working at the Trump Organization,cause,I expressed before, some very interesting, great times.But, to a--to keep the loyalty and to do the things thathe had asked me to do, I violated my moral compass. And Isuffered the penalty. As has my family.7A8910as111213141516171819202122232425MS. HOFFINGER: Nothing further, your Honor.THE COURT: Jurors, let's go ahead and take ourlunch recess at this time.I remind you of all of the admonitions,including:Do not discuss this case either among yourselvesor anyone else.Continue to keep an open mind as to thedefendant's guilt or innocence.Do not express or form an opinion as to thedefendant's guilt or innocence.I'll see you at 2:15.Laurie Eisenberg, CSR, RPRSenior Court Reporter

12345७Proceedings3649(Whereupon, the jurors and the alternate jurorsare excused.)THE COURT: You can step down, Mr. Cohen.(Whereupon, the witness is excused.)(Whereupon, a luncheon recess is taken.)78910111213141516171819202122232425*(Whereupon, Senior Court Reporter Lisa Kramskyrelieves Senior Court Reporter Laurie Eisenberg after theluncheon recess, when the case was called in the afternoonsession, and the transcript continues on the followingpage.)Laurie Eisenberg, CSR, RPRSenior Court Reporter

12M. Cohen-Cross/Blanche3650345७AFTERNOON SESSION(The following proceedings are continued from thepreceding page.)witness.THE COURT: Good afternoon. Can we get theTHE COURT OFFICER:Witness entering.(The witness Michael D. Cohen enters the courtroomand resumed the witness stand.)THE COURT: All right.Mr. Cohen, good afternoon. You are reminded thatyou are still under oath.THE WITNESS: Yes, your Honor.THE COURT: All right.Let's get the jury, please.78910111213141516171819202122232425CROSS-EXAMINATIONTHE COURT OFFICER: All rise. Jury entering.(Jury enters.)THE COURT: You may be seated.THE CLERK: Case on trial continued. All jurorsare present and properly seated.THE COURT: Mr. Blanche, you may inquire.MR. BLANCHE: May I inquire?THE COURT: Yes.Lisa Kramsky,Senior Court Reporter

1BY MR. BLANCHE:2mM. Cohen-Cross/BlancheMr. Cohen, my name is Todd Blanche.You and I have never spoken or met before; have we?We have not.But you know who I am; don't you?4Aсл10AI do.36517As a matter of fact, on April 23rd, so after the trial8 started in this case, you went on TikTok and called me a "Crying6Little sh*t;" didn't you?Sounds like something I would say.MS. HOFFINGER: Objection, your Honor.THE COURT: Sustained. Sustained.Do you remember on April 20th, which is again afterthis trial started, you commented about myself and Ms. Nechelesabout this case; correct?10A111213141516171819202122232425MS. HOFFINGER: Objection, your Honor.THE COURT: Sustained.Please approach.(At Sidebar.)THE COURT: Why are you making this about yourself?MS. HOFFINGER: Your HonorTHE COURT REPORTER: One at a time, please. I didnot hear you, your Honor.THE COURT: I said, why are you making this aboutLisa Kramsky,Senior Court Reporter

M. Cohen-Cross/Blanche3652L2M4сл107861011yourself?Honor.MR. BLANCHE: I'm not making it about myself, yourI have a right to show this witness's bias, and hehas expressed bias about the lawyers just because of who werepresent.THE COURT: WellMR. BLANCHE: I mean, Judge, it's crystal clearunder Rule 613 that we are allowed to proveTHE COURT: I can't hear you.MR. BLANCHE: It's clear under Rule 615 that we areallowed to prove bias in whatever form.It doesn't just matter if it's bias directed at thedefendant.It can be bias about the lawyers on the case aswell, of course.121314151617MS. HOFFINGER:That's not true. It's not18admissible if it's not about the defendant.19THE COURT: It doesn't matter if he has bias2021towards you; it doesn't matter.The issue is whether he has bias towards the22defendant.23Don't make it about myself.24MR. BLANCHE:I'm not trying to make it about25myself, your Honor.I am just trying to show his biasLisa Kramsky,Senior Court Reporter

M. Cohen-Cross/Blanche3653THE COURT: Just don't make it about yourself.I am going to sustain the objection and instruct1toward the defendant.234the jury.5167Please, don't make it about yourself.(Sidebar concluded.)MS. HOFFINGER: Judge, I would askTHE COURT: The objection is sustained.MS. HOFFINGER: Judge, I would ask that thequestion be stricken.record.THE COURT: The question is stricken from theCONTINUED CROSS-EXAMINATIONBY MR. BLANCHE:Mr. Cohen, you have been following what's happening inthis trial; correct?ATo some extent, yes.Well, you know, for example, details around the juryselection process; correct?A I have made comments about the jury selection.Sir, I'm not asking you if you made comments, I'masking if you know, if you learned about certain things thathappened during the jury selection process?8910111213141516171819202122232425MS. HOFFINGER: I'm going to object, your Honor.Lisa Kramsky,Senior Court Reporter

M. Cohen-Cross/Blanche3654L23+15107THE COURT:Sustained.Now, on April 23rd of this year, so after the trialstarted, you said that you had actually heard what a witness hadtestified about%; correct?MS. HOFFINGER: Objection, your Honor.THE COURT: Overruled.You can answer.8AIt's possible, yes.6QWell, do you recall testifying101112do you recall sayingon TikTok, on April 23rd, and that's when Mr. Pecker was stillon the stand, that from everything that you heard from peopletoday, David Pecker is corroborating what you have been sayingfor six years.131415A1617181920Do you recall saying that?I do, yes.Q And that's because you heard from people about whatMr. Pecker had testified to in this trial; correct?A Yes, somebody had called me and told me that Mr. Peckerhad corroborated what I have been saying for a long time.And it's true that you also have been following what's21 happening in this courtroom on CNN and MSNBC; correct?I have seen CNN and MSNBC, but I am not following the22A23trial.2425Q Well, Mr. Cohen, you have been watching CNN and MSNBCduring this trial; correct?Lisa Kramsky,Senior Court Reporter

LM. Cohen-Cross/Blanche3655AI have been on CNN and――I have watched CNN and MSNBC,234but not religiously, in order to follow the full extent of thetrial.And you have said that you are watching on CNN andOTMSNBCmaybe not all the time--about some of the things that106are happening during this trial; correct?7A86correct?I have turned it on, yes.And that's because this trial is important to you;101112131415AI do it because at times there are other issues as wellthat I'm interested in seeing what's happening, like theprotests or Israel and this issue comes up as well.AWell, is this trial important to you, Mr. Cohen?Personally, yes.You also talked on social media during this trial aboutPresident Trump; have you not?1617ASounds correct, yes.1819So, for example, on April 23rd, which is after thetrial started; correct?20AYes.2122232425You referred to President Trump as a "Dictator DoucheBag;" didn't you?ASounds like something I said.And on that same TikTok, so again on April 23rd, youreferred to President Trump when he left the courtroom, you saidLisa Kramsky,Senior Court Reporter

M. Cohen-Cross/Blanche1that "he goes right into that little cage, which is where he2belongs, in a f*cking cage, like an animal."3Do you recall saying that?4AI recall saying that.5QAnd that was April 23rd, so during this trial, while36561067891011the trial was already going on; correct?ASounds correct, yes.Now, over the past several years, let's go back toin January 2021, okay, is it fair to say that the Government,meaning the Manhattan District Attorney's Office, haverepeatedly asked you to stop talking publicly about this case?A They might have, yes.12131415161718QWell, I'm not asking you whether "they might have,"I asked you:Is it fair to say that the Prosecutors, maybe not theProsecutors at this table or next to me, but the Prosecutorswith the Manhattan District Attorney's Office, have repeatedlyasked you to stop publicly commenting about this case; correct?19AYes.2021And you mentioned earlier today that you previously hadan attorney named Lanny Davis?22AYes, I had an attorney named Lanny Davis.2324And during that time period, just let's talk now about2021, so January forward in 2021, Mr. Davis was your lawyer;25correct?Lisa Kramsky,Senior Court Reporter

L2M4AAM. Cohen-Cross/BlancheMr. Davis was one of my lawyers, yes.Is Mr. Davis still your lawyer?No, sir.But in 2021 he was?Yes.слA10QWhen did he stop being your lawyer?7AIn 2022.83657のSo, do you remember in early January, January 15th of2021, there was a leak to the Associated Press, and you and your10 lawyer, so you and Mr. Davis, both denied being the source of11the leak and you communicated that to the District Attorney'sOffice; do you remember that?1213ANo. Can you identify something14QLet me see if I have something that may refresh your15recollection.16ASure.17MR. BLANCHE: If wecan show the witness, the Court18and the parties B54.19(Displayed for the aforementioned parties only.)20Q212223A24Take a look at that, at that email, and let me knowwhether it refreshes your recollection about something yourlawyer said to the District Attorney about you and him?I see that.So does that refresh your recollection that in25 January 2021, your lawyer communicated to the DistrictLisa Kramsky,Senior Court Reporter

M. Cohen-Cross/Blanche3658Attorney's Office that neither you nor he were the source of a12leak?3AThat's what it says, yes.4Well, do you remember that happening? Do you remember5 a recollection of that happening, sir?6AI do not.7Q So, and do you recall Mr. Davis asking the line8prosecutors to report to the top?9MS. HOFFINGER:Objection, your Honor.It's10hearsay.11THE COURT:Sustained.12QSo let's talk about1314151617181920Q21222324MR. BLANCHE: You can take that down.So let's go one month later. So now we are inFebruary, February 22nd of 2021.Do you remember your lawyer talking to you about somethinghe had been toldMS. HOFFINGER: Objection, your Honor.THE COURT: Sustained.Well, do you remember at that time the DistrictAttorney's Office was frustrated that when they would saysomething to you or your lawyer about the investigation, youwould talk about it on TV.Do you remember that happening?Thank you.25AI do not recall that, no.Lisa Kramsky,Senior Court Reporter

M. Cohen-Cross/Blanche3659LMR. BLANCHE: If wecan show the witness, the Court2and the parties B55.3(Displayed to the aforementioned parties only.)4Q510678Take a look at this email.You are not on this, Mr. Cohen, so if you could just take alook at the part that's not redacted and see if that refreshesyour recollection about a conversation you had at that time?6(Witness reading.)AYes, I see that.1011So, do you understand that, again, we are talking backa few years, I understand that, but February 22nd of 2021, therewas concern that you were going on TV?MS. HOFFINGER:Objection.THE COURT:Can you please call up pull this up--and make it a little larger, please.1213141516171819email.2021222324please.25MR. BLANCHE: Sure.THE COURT: So I can look at it.MR. BLANCHE: Can we blow up a portion of theThank you.(Pause.)THE COURT: Can you read back the last question,(Record read by the court reporter in open court atLisa Kramsky,Senior Court Reporter

M. Cohen-Cross/Blanche3660L2this time.)THE COURT: Overruled. I will allow it. You canManswer.4AOT1078610From this document, yes.please.MR. BLANCHE: We can take the document down,Q With the document aside, do you remember inFebruary 2021, you were going on TV talking about theinvestigation?AI go on TV often, so I'm not sure what the topic waswhat was I responding to; I don't know.Would it surprise you to learn that you were on TVtalking about the investigation in February of 2021?No. It would not surprise me.Now, do you remember making promises to your attorneythat you would stop talking and stop going on TV?11121314A151617181920212223A2425page.MS. HOFFINGER:THE COURT:Objection.Sustained.MR. BLANCHE: If we can look at B56 just for thewitness, the Court and the parties.(Displayed for the aforementioned parties only.)Have you had a chance to review that, Mr. Cohen?Do you want to tell me what you want me to review?You can review just the entire text exchange on thatLisa Kramsky,Senior Court Reporter

M. Cohen-Cross/BlancheL3661And I understand that you are not on it, so just focus only2 on discussing you?34слAIt disappeared.Pardon me?A It disappeared from my screen.10QIs it there?7AIt's back.8610111213141516171819202122232425Okay.Can you tell me who these communications are between?You are not on the communication, but do you see that yourlawyer told--MS. HOFFINGER:Objection.THE COURT: Let me hear the question.MS. HOFFINGER:in evidence.He's reading something that's notQYou had told the District Attorney's office that youhad promised that you were not going to talk anymore?THE COURT: Sustained, sustained.Q Mr. Cohen, do you remember, again, we are still talkingabout February 2021.Do you remember, at that time, the District Attorney'sOffice being frustrated with you that you would not stop talkingto the press?AYes, sir.But you continued to talk to the press, as you said aLisa Kramsky,Senior Court Reporter

123M. Cohen-Cross/Blanchefew minutes ago; correct?AYes. I continued to talk to the press.QAnd you continue to talk to the press to this day;correct?AAbout many topics, yes.Including about this case; correct, sir?Sounds correct, yes.I don't want it to sound correct; is it correct?5A10Q78610AYes, it would be correct.Now, I want to talk now3662let's go fast forward two11121314Okay?years, okay, so we were talking about February, 2021; let's moveto February 2023, okay.So that was a little over a year and three months ago,about; correct?15AYes.16Q17You were, again, regularly meeting with the DistrictAttorney's Office about this case; correct? In February of182023?19AYes, sir.20And you testified in the Grand Jury, you said earlier21this morning, on March 13th, 2023; correct?22AYes, sir.232425Q Now, prior to your testimony on March 13th, youtestified earlier today that you gave two of your cell phones toan investigator with the District Attorney's office; correct?Lisa Kramsky,Senior Court Reporter

L23M. Cohen-Cross/BlancheAThat's correct.correct?And that investigator's name was Jeremy Rosenberg;4AYes, sir.53663106Q And he came to where you live to retrieve the phone ontwo different days, so two phones, two different days; is thatcorrect?78AThat's correct.6101112QAnd then just over a week later, do you recall that youwent on CNN and told the news anchor named Don Lemon that youhad been contacted by the District Attorney's Office and theyhad asked you to provide them with your cell phones and you haddone so; do you remember doing that?1314ASounds correct.15And do you remember the District Attorney's Office1617being frustrated and upset that you had done that?ANo, sir.181920You don't recall that the District Attorney's Officewas frustrated that you went on TV to talk about the fact thatyou had turned over your phones?21AI don't recall them expressing that to me,no.22QDo you recalldo you recall saying that you did not23tell Mr. Lemon or tell CNN that your phones had been seized,24that they already had that information and you just confirmed25it; correct?Lisa Kramsky,Senior Court Reporter

M. Cohen-Cross/BlancheL23AI--I cannot agree with that, no, sir.You so let me ask you this, are you the one thatleaked to CNN that you had given your phones to the District4 Attorney earlier in January of 2023?36645AI don't recall.10Q So you don't recall whetherwhen you talked about itwhether CNN already had7 with Mr. Lemon, whether they already86that information or whether you gave it to them; you don'trecall either way?10AI don't.1112Q So take a look at B57 just again for Mr. Cohen, theCourt and the parties.13(Displayed for the aforementioned parties only.)141516Q And this is a text message with the District Attorney'sOffice and your lawyer, again, again, you are not on these textmessages, sir.17(Witness reading.)181920Q Does that refresh your recollection that you said thatCNN already had the info on the phones and all you did wasconfirm?21ANo, sir. I don't recall.22Q23If it was leaked to CNN and not by you, who else knewthat the phones had been given to the District Attorney's24Office?25MS. HOFFINGER: Objection.Lisa Kramsky,Senior Court Reporter

L234слM. Cohen-Cross/Blanche3665THE COURT:Overruled.A Or, clearly, Lanny Davis. It could be others. I don'tknow.Well, does Mr. Rosenberg know?७AYes, Mr. Rosenberg would know.QHe picked them up; correct?7A8のHe did.And other members of the District Attorney's Officenecessarily knew; correct?Right?Correct.131410A1112Q But you don't know, as you sit here today, you're notsure whether you leaked that or somebody else leaked that?AThat's what I stated, yes.Q And then, again, still talking about last year on15March 19th, 202316which, by the way, you testified in theGrand Jury on March 13th; correct?17AI believe so, yes.18QSo March 19th, six days later, you recall that once19again, yourthe District Attorney's Office was frustrated and20upset that you were continuing to talk on TV; correct?21ANo, sir. I don't recall that either.22QAnd you actually promised at that point, that you would23stop going on TV, you would do no more appearances on TV until24after the indictment%; correct?25A Again, I don't recall that.Lisa Kramsky,Senior Court Reporter

M. Cohen-Cross/Blanche3666L234OT510786MR. BLANCHE: Well, can we take a look at B58.Again, just for the witness, the parties and the Court.(Displayed to the aforementioned parties only.)And this, again, sir, you are not on this text, this iswith the District Attorney's Office and your lawyer.(Witness reading.)Does that refresh your recollection that you promisedthat you would make no more appearances on TV until after theindictment?No, sir.So, just so I understand, you testified yesterday aboutvery specific recollections that you have about telephone calls,for example, with President Trump in 2016, but you have noso just over a year ago,recollection of whether last March--you promised the District Attorney that you would stop going onTV; that's your testimony?10A11Q1213141516171819202122A232425correct?A What I'm saying to you, sir, is that I don't recalleven having this conversation with Lanny Davis about not goingon television.Q So you don't recall a year ago, making a promise thatyou would no longer go on TV until after the indictment?No, sir.But you recall very specifically multiple telephoneconversations that you had with President Trump in 2016;Lisa Kramsky,Senior Court Reporter

M. Cohen-Cross/Blanche36671A I recall the conversations with President Trump at the2 time, yes.345OT10Q Do you recall a telephone call last year in Marchbefore the indictment with you, your lawyer and the DistrictAttorney's Office where they emphasized how important it was forto the TV and stop going on TV?6you to stop talking to the7ANo, sir. I do not recall that either.8Because I don't61011121314recall ever agreeing not to go on television.Q You don't recall the District Attorney telling you thatyou were unwittingly helping President Trump by going on TV?ANo, sir.Now, you talked a little bit about Mr. Costelloearlier today, the attorney that you were speaking with afteryou were raided by the FBI in about June of that year; correct?15AThat's correct.1617Q And you remember last year in March during the GrandJury phase of this case, you were called down as a possiblerebuttal witness for Mr. Costello; correct?1819A2021I believe so, yes.Well, do you have any doubt in your mind that you werecalled down to the District Attorney's Office on March 20th as apossible rebuttal witness?2223AYes, sir, I remember.24QYou were?25AI do, yes.Lisa Kramsky,Senior Court Reporter

M. Cohen-Cross/Blanche3668L23Q And do you remember going on TV that very night andsaying that you didn't need to testify as a rebuttal witnessbecause the DA determined that Costello's testimony lacked anyveracity; do you remember saying that?5AI do.1078Q And then after the indictment, you have been warnedrepeatedly by the District Attorney's Office to not talk aboutthis case;correct?1610AYes.What have they said to you?11APlease don't talk about the case.12That's all they said? They just call you up and say,1314A151617Please don't talk about the case; that's it?Actually, they contacted my attorney.--And when you meet with them you met with them,putting aside the past month or two, going back to last summer,you met with them on multiple occasions; correct?1819AYes, sir.QAnd when they meet with you, do they tell you, not just20your attorney, to not talk about the case?21AThey have said it to me, yes.22QSo when they say it to you, not to your attorney, what232425do they say?AThey say it's probably better off if you don't speakProbably better off if you don't speak about it.Lisa Kramsky,Senior Court Reporter

M. Cohen-Cross/BlancheL2about it?MS. HOFFINGER:3THE COURT:Objection, your Honor.Overruled.36694A5QThat's how I recall it, yes.So they don't direct you not to speak, they just sayit's probably better you don't speak?1067A Well, I do have the First Amendment right.I can8speak.13141516171610Q I'm not asking you about your First Amendment rights,Mr. Cohen, I'm asking you what these Prosecutors say to you11 about not speaking to the press, and your testimony was theyjust say, probably better if you don't speak?12Aspeak.They say it in a manner where they're asking me not toAnd on how many occasions over the past year, so sincethe indictment, have they said to you directly, not through yourlawyer, you directly, do not speak to the press?18AI don't recall.1920Q Well, I won't give you, not an exact number, do youthink it's more than five?21AI don't think so, no.22QSo fewer than five times?23AYes.2425And on all those five times, they said something like,it's probably better you don't talk or don't talk to the press;Lisa Kramsky,Senior Court Reporter

Lcorrect?M. Cohen-Cross/Blanche367011121314152A3510678610Correct.And you have not followed their request, or whateverwords you want me to use for what they're saying to you?Aand alsoThat's correct. I'm responding to comments that I makeQ I'm not asking you that. I'm asking you a yes or noquestion.Now, is it fair to say that you've responded during thecourse of this case, so since the indictment, but also duringthe investigation--during the investigation, you've gone on TVseveral dozen times; is that fair?A I don't know about several dozen times, but I have goneon television.Well, is it more than 20?16ACould be.1718Well, do you have any doubt in your mind that it's morethan 20, sir?19ANo.2021"So when you say it "could be,' you mean, yes, it ismore than 20?22AYes, could be.2324And you've also recorded hundreds of episodes of thePodcast you just talked about earlier today?25AYes, sir.Lisa Kramsky,Senior Court Reporter

M. Cohen-Cross/Blanche36711You do that Podcast twice a week; is that right?2AEach Podcast is done twice a week.3So that's four Podcasts a week?4A516Correct.And is thatthere breaks?--I mean, is that all year long or areAbout 15 to 20 a7AAll year long.89month depending?So that's about, how many a month?Do you always do two a week?10AUh-huh; correct.111213charges--So it's fair to say that you have done hundreds ofPodcast episodes during the investigation and during thesince the case has been charged; correct?14AI don't know about hundreds, but, yes, the math is the15math.16Well, we can do the math?17AOkay.18I mean, if there's 16 a month?19ARight.2021ATen months is 160; right?Then it would be 160.22So--and this investigation didn't just start a year23ago; did it?24ANo, it did not.25So when I say hundreds, it's more than 200%; correct?Lisa Kramsky,Senior Court Reporter

LAYes.M. Cohen-Cross/Blanche367223510Now, and of those more than 200 episodes, would youagree that you have talked about President Trump every singleone?A I would say he is mentioned in every one, yes.Q And in addition to the Podcasts, which we will talk7 about a little bit more in a little bit, you also are active on8Twitter and on X; is that right?1610AThat's correct.And you are also active, although maybe more recently,on TikTok%3B correct?1112ACorrect.13Q14A15And TikTok, you do a nightly live TikTok; correct?Correct.How long is that each night?16AMore than an hour.1718A19What's the goal of doing that?Build an audience to create a community, to really ventbecause I am having a difficult time sleeping so I found anoutlet.202122A2324You are hoping also to make money off that; correct?It does make money, but it's not significant.You don't spend a significant amount of time on yourTikToks encouraging the folks listening to subscribe?25AYes.Lisa Kramsky,Senior Court Reporter

M. Cohen-Cross/Blanche3673So to subscribe they have to pay a small fee; correct?LQ2A$5.99.3QA month?4AYes.слQ10A78610A month? A month?Yes.Right.So I'm not suggesting that that's the only reason you do it,and I accept that you do it as an outlet, but one of the reasonsyou do it is to make money; correct?11AMoney is made from it, yes.One of the reasons you do121314So that wasn't my question.it is to make money, yes or no?AYes.15And on your TikTokslet me just start with that.16When did you start that?17ASix weeks ago.181920So for the six weeks that you have been TikTokingnightly, out of seven nights a week, how many nights do youthink you talk about President Trump?21AWell, I only do them six days a week.2223A24Okay. Fair enough.I would say six days a week.And on X, you regularly talk about President Trump;25correct?Lisa Kramsky,Senior Court Reporter

M. Cohen-Cross/Blanche36741A234I speak about Mr. Trump, yes.Both in response to comments, but also when you re-tweet or when you post your own; correct?AYes.15016PodcastNow, you've also commented on your Political Beat Down--so you have Mea Culpa, and you have Political BeatDown; correct?ACorrect.You've commented on March 19th, 2024, so before thecase started, but about two months ago, that you were meeting78910111213A1415with the Government in preparation for your testimony, whichstarted yesterday; correct?Correct.And you also, actually, displayed a binder, do yourecall doing that, a binder of materials that the District16 Attorney had given you to study before your testimony; correct?Publicly-available documents that the DistrictAttorney's Office provided to me.Which publicly-available documents?17AI recall that binder.18What's in that binder?19A202122232425guilty plea allocutions; correct?AI believe my allocution, and other documents regardingthe case. My personal case.--So your allocution, meaning your guilty you had twoLisa Kramsky,Senior Court Reporter

M. Cohen-Cross/Blanche3675L234+1ACorrect.So you mean like your guilty plea allocutions, certainmaterials in connection with your case; is that what you'resaying?5A10QCorrect, yes.And they asked you to study that; correct?7AThey gave it to my attorney. I took it from my8attorney to bring home to read.10QAnd you read it; correct?10AIt was awhile ago, yes.11QWell, you were talking about it on your Podcasts,1213March 19th, so when you say awhile ago, you mean within the pastcouple of months?14ACorrect.1516You've also talked about, extensively, on Mea Culpa,your desire to see that President Trump gets convicted in this17case; correct?18A Sounds like something I would say.19Q Well, sir, I'm not asking you if it sounds to like20something you would say, I'm saying, did youhave you2122regularly commented on your Podcasts that you want PresidentTrump to be convicted in this case?23AYes, probably.24Do you have any doubt?25ANo.Lisa Kramsky,Senior Court Reporter

M. Cohen-Cross/Blanche3676LQ So why did you just answer "yes, probably"?2A345106786Because I don't specifically know if I used thosewords, but, yes, I would like to see that.Q And so, yes, you want to see President Trump getconvicted from this case; correct?A I would like to see accountability.not for me, it's for the jury and this Court.QThat's not--it'sI didn't ask what you wanted to see or not see aboutaccountability; I said, do you want to see President Trump10 convicted in this case?11AThat's what we just said. You are asking me if I want12to see13QI'm just asking you to say yes or no, do you want14President Trump to get convicted in this case?15ASure.16QNow, you actuallyand the Prosecutor brought this up171819a little bit before lunch todayyou sell a T-shirt on yourwebsite Mea Culpa, which depicts President Trump in an orangejumpsuit behind bars; correct?20AYes, sir.2122MR. BLANCHE: Can we put up just for the witness,the Court and the parties B151.232425It's from your website.If we could scroll to the next page. The next page. The next(Displayed to the aforementioned parties only.)QSo this is a couple of pages.Lisa Kramsky,Senior Court Reporter

1page.2510678610M. Cohen-Cross/Blanche3677I believe that's the last page; that other page.--So you see that when you if somebody logs onto thewebsite for your Podcast, that's what you see; correct, for themerchandise pages; correct?AIt's actually under the MeidasTouch network and, yes,if you go into the section that says "Mea Culpa, "this shirt isavailable for sale.QFair enough.So under the company that runs your Podcast, there is a Mea11Culpa--which is your Podcast; correct?12AYes, sir.13--merchandise store and that's what appears?14A15That's one item.That's what?16AJust, that's one item.171819Well, if we go to the second page, if we could. Andthen the third page, and then the last page, those are the otheritems there; correct?20ASome of them, yes.2122A2324There are others beyond this?I thought there were more items.MR. BLANCHE: Your Honor, we offer B151.THE COURT: Any objection?25MS. HOFFINGER:No objection, your Honor.Lisa Kramsky,Senior Court Reporter

M. Cohen-Cross/BlancheL23THE COURT: All right.In evidence.(So marked in evidence.)4сл103678MR. BLANCHE: So if we can just display that to thejury, please.789(Displayed.)So this is a 32 dollar shirt on your website. And ithas a picture of President Trump in an orange jumpsuit behindbars; correct?That's what the picture shows, yes.MR. BLANCHE: And if we can go to the fourth(Displayed.)So you see something for sale called "Convict 45."I see that.And that's about a reference to "45."1011A1213page.141516A171819A202122232425House;" correct?President Trump is our 45th President; correct?Correct.And if you seeMR. BLANCHE: If we can blow up the bottom.the coffee mug as well.(Displayed.)That says, "Send him to the Big House not the WhiteLisa Kramsky,Senior Court Reporter

L23M. Cohen-Cross/BlancheAThat's what it says.correct?And that's also a reference to President Trump;3679Correct.Q So when you testified earlier today that you only sell4A5106one thing on your--merchandise that has to do with Donald78ထTrump, that's not true; correct?MS. HOFFINGER:6THE COURT:Objection.Sustained.10And, by the way11MR. BLANCHE:If you can go back to the first121314Q1516page, please.(Displayed.)--You, actually if you look at that, the T-shirt, youactually wore that T-shirt last week on your TikTok, didn't you,on Wednesday night?17AI did.1819And you were offering encouraging people to go buyit; correct?--20AYes. It's part of the merch store.21So, I want to talk for a few minutesyou talked22about this a little bit on directabout your views of2324President Trump prior to, I guess, August of 2018; is thatright?25A(Witness indicating.)Lisa Kramsky,Senior Court Reporter

M. Cohen-Cross/Blanche3680L23451067Q Well, you tell me, when did you change your views aboutPresident Trump, from the views you had for your entire life tothe views that you have now?AIt would be August of 2018.Well, I will take back saying August. I don't want toput words in your mouth.When was it that you changed your view about President Trump8 from what it is now prior to what it was your entire life, which6is different than it is now?10AIt was the time--at the time that I went on George1112Stephanopoulos.And was that around the summertime, July, August of132018?14ACorrect.15But, prior to that--and you said this on direct, SO1617I'm not saying, I don't think, anything controversial, but youenjoyed working for President Trump; correct?18AVery much so.19QAnd you first met President Trump and his family in202006; is that right?21AYes.222325AYes, sir.And you helped resolve that?24Qat one of President Trump's buildings; correct?And that was during a Board dispute that was going onLisa Kramsky,Senior Court Reporter

M. Cohen-Cross/Blanche36811AYes, sir.2Q3And you were working with one of President Trump'ssons, Donald Trump, Jr., on that; is that right?4AAmongst other people, yes.5016Now, there was construction going on at a at one ofPresident Trump's apartments that you had purchased; is thatright?78AYes.9That--and you paid close to $5 million for that10 apartment; correct?11AThat's correct.1213And that apartment was your primary residence for manyyears; correct?14AYes, it is.15Still is?16A1718Yes, sir.And you still live in a building with Trump's name onit; correct?19AI do.2021Now, you had already invested in other Trumpproperties; correct?22AYes, sir.23You had property in Trump World Tower?24AYes, sir.25And you rented that out to somebody for $15,000 aLisa Kramsky,Senior Court Reporter

M. Cohen-Cross/Blanche1month; correct?2AYes, sir, to an Embassy.3That was back in 2006, we are talking about?4ASure.368215067A89A lot of your family members also bought properties inTrump buildings; correct?My in-laws and my parents.So your parents and your in-laws both bought Trumpproperties; correct?10AYes, sir.1112A131415Was that even earlier, or was that earlier, like 2001?The year 2000. We bought as a block.Now, talking about the dispute that you first helpedPresident Trump and his family resolve, the Board was trying toremove the Trump name from the building; correct?16AYes, sir.17There were lawyers involved, including you eventually;18correct?19A202122A232425Yes, sir.That's when you were a partner at a law firm in theCity, you talked about that earlier, Phillips Nizer?Yes, sir.Correct me if I'm wrong, your practice at the time wasinternational banking, asset-based lending, high-net-worthclient asset protection, general corporate commercial realLisa Kramsky,Senior Court Reporter

M. Cohen-Cross/Blanche1estate and letter of credit transactions; is that right?2AYes, sir.3Q And you werewould you say you were more in4litigation or corporate?5AMore corporate.10Q3683But aside from your work as a practicing lawyer at7 Phillips Nizer, you made a lot of money in the taxi medallions8 business; correct?1010ACorrect.You made millions of dollars; fair?(Whereupon, Senior Court Reporter Laurie Eisenbergrelieved Senior Court Reporter Lisa Kramsky as the officialcourt reporter.)11AYes.1213141516171819202122232425Lisa Kramsky,Senior Court Reporter

M. Cohen-Cross/Blanche36841(Continued from the previous page.)2Q And you viewed yourself at the timeso, again,3talking about the early Two Thousandsas a bit of a4dealmaker?5AYes, sir.67So, you used your skills as a lawyer, dealmaker, yourwork in business, to help The Trump Organization before you8worked with them; correct?9A I'm sorry. I don't understand your question.10Well, my point is, that you had success helping TheTrump Organization before you started working for them, whichis, presumably, why they offered you a job; correct?AOh, I don't know if that's the reason.Well, you said yesterday that you knew that from yourwork on that, that President Trump was happy with your work;111213141516correct?17A1819other20A21222324A25--He was happy with the result, yes.And after that first result, you started working onon other legal matters for President Trump; correct?I was asked to intercede in other matters as well;yes.correct?And at some point, President Trump offered you a job;Correct.And he offered you a job right then and there; youLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche13685accepted; you never even returned to Phillips, Nizer; correct?2AThat's correct.3So, you were President Trump's personal attorney when4you went to work for The Trump Organization; correct?5AThat's correct.67did you?You didn't answer to the General Counsel at the time;8ANo, sir.9101112AYou never answered to anybody in the Legal Departmentor anybody else at the Trump Organization; you only answered toPresident Trump?Correct.13You--but, your job wasn't just representing14President Trump; right? You also represented his family at15times?16A17I have, yes.Well, I want to stay focused on the time when you18started until 20--2017.19So, those nine-and-a-half years that you were there, you20 represented the family on occasion?That includes which members of President Trump's21AYes.2223family?24A25Melania. Don, Junior. Um. I don't believe I everrepresented Eric. And I can't recall if I represented Ivanka.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche36861――Putting aside you would also help some of the kids2with various work, maybe not legal work and filing lawsuits,34but, for example, reaching out to the media on behalf ofPresident Trump's children; correct?5AYes, sir.6Q And you were paid--just focusing now on 2011 to78A91011A12132016, you made about 375,000 a year in base salary; right?That's correct.With the exception of 2016, your bonus for thoseyears, 2011 to 2015, was 150,000 a year; right?Correct.That's what you would get in a check around theholiday season, around Christmastime; correct?Correct.Now, fair to say that you admired President Trumpwhile you were working for him?14A151617AYes, sir.1819You admired his financial success, his high profile,his tenacity?20AVery much so, yes.2122correct?You've read Art of the Deal, I believe, twice; is that23AThat's correct.24And you view that as a masterpiece; correct?25AI viewed it as a excellent book, yes.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche36871QWell, you've actually called it a masterpiece;2correct?3AYes. Masterpiece.45And you saw a little bit of yourself in PresidentTrump; correct?6ACorrect.7QAmbitious, hard-working, dealmaker, never afraid;8correct?9A1011Innovative. Yes.Q And you were actually obsessed with President Trump;weren't you?12AI don't know if I would characterize the word131415161718192021222324"obsessed".I admired him tremendously.Q Well, you have characterized it as you being"obsessed"; haven't you?A I can't recall using that word, but I wouldn't saythat that would be wrong, but I don't recall using that word.Sorry. I interrupted you.--In Disloyal, you described you describe your feelingsfor President Trump as being "obsessed" with President Trump,with Donald J. Trump; correct?ACorrect.And, we talked a lot about when you were working for25him.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche36881--2But, your obsession for you admired him even before youstarted working for him; correct?3AThat's correct.4And you spoke publicly on many occasions about your5positive feelings for President Trump; correct?just for some examples, in 2015, youAYes, sir.7QYou've said8publicly said he was a good man?9AYes.1011Also in 2015, this is around the time he announced hewas running for President, you said that he's a man who caresdeeply about this country; right?1213AI said that.14That he's a man who tells it straight?15AYes, sir.161718Now, you also said again, I'm still in 2015that, in your view, President Trump speaks from the heart?AI've said that.19And that all that he wants to do is make this country20great again.21You said that?22ASounds right, yes.23And at the time, you weren't lying; right?24AAt that time, I was knee-deep into the cult of Donald25Trump; yes.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche36891So, let me ask the question again.2At that time, you weren't lying; right?34You've--you've said about516A I was not lying, no. That's how I felt.for example, aboutPresident Trump's memory, that it's fantastic and that you'venever come into a situation where he's said something that'snot accurate; correct?78AI recall saying that.914151617A1819A10111213This is in 2015.Just so I understand, you're not testifying that when yousaid that, you were lying; right?ACorrect.So, in 2015, when you said those things that I justwent through, you were telling the truth?AThat's how I felt.You were telling the truth; correct?That's how I felt.Well--I was expressing my feelings. So, yes, it would be the20truth.21You also testified a little bit on directand now22we're getting into 2016--that you served as a surrogate to23the campaign; correct?24ACorrect.25And one of the things that you did in September ofLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche3690122016 is you delivered remarks in Cleveland, Ohio aboutPresident Trump; right?3AI did, yes.4Can you tell us about--SO,were you one of many5speakers that day?A78there?I was one of several, yes.Now, when you were speaking, President Trump was9A10Yes, sir.And did President Trump also speak, as well?11AI believe so, yes.12And you remember telling thehow large was the13crowd? What was the venue?14AThe venue was the New Spirit Revival Church. It was151617run by my co-creator of the National Diversity Coalition,Pastor Darrell Scott, and it was a good hundred people there.During your speech, you described President Trump as18 generous; do you remember that?19AI did.20Compassionate, principled, empathetic; do you remembersaying all that?2122ACorrect.23Kind, humble, genuine; correct?24AYes, sir.2510The same question I asked you before. When you saidLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche369112that back in September of 2016, you were telling the truth?AAgain, that's how I felt. So, yes, it would be the3truth.456Now, moving a little bit forward to 2017, do yourecall a Vanity Fair profile that was done about you in 2017,in September?7AI'm sorry. Can you repeat that?8910Sorry.Do you recall a Vanity Fair profile that was done inSeptember of 2017?11AI do.12And do you remember sayingand that was an article13that you participated in; right?14AWritten by Emily Jane Fox.15161718A1920And you said that you were the guy that stops theleaks, talking about who you were as it relates to PresidentTrump; correct?Correct.And you said that you were the guy who protects thethe President and the family; right?2122AI believe so.Excuse me?23A24I believe so, yes.And you also said at that point that you would take a25 bullet for the President?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche36921AI did say that, yes.2QYou also talked about, at that timeand, again,345A678A9--1011this is September 2017. You said that towards the end of thecampaign, that you were offered book deals; correct?I was offered a book deal, yes.--So, you were offered I believe you said you wereoffered $10 million to write a tell-all book; is that right?I believe so, yes.And you said that what you said in the article isthat your counteroffer was, "How about a hundred million?";correct?12A131415A1617Correct.According to the article, at the time, there was nonumber that worked for you; right?That's correct.You you were just pushing them to see how high theywould go in a book offer; right?1819ANo. That's not true.No?20212223I wasn't trying to fight with you there.You were just going back at them to say there's no numberin the world that you would agree to to write a book aboutPresident Trump?24ACorrect.25And, again, when you said that, that was true; you hadLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche1no intention of writing a book?2AI had no intention of writing a book.3At that time, in 2017?4AAt that time.5369316And you also said, not only about President Trump, butthere was no money in the world that would cause you to writeabout his family; correct?78A91011Sounds correct, yes.You said there's no money in the world that could getyou to disclose anything about the family; right?AOkay.You described them at the time, in 2017, talking aboutthe family, as a surrogate family of yours; correct?121314A1516171819A20Correct.Now, we're mid-2017 right now. So, September of 2017.And during that time so, that's the first year thatPresident Trump is in Office, when you are his PersonalCounsel; correct?Correct.2122You were not spending as much time with him then thatyou had spent with him the prior nine-and-a-half years; right?ACorrect.So, you went from seeing him almost daily, except forwhen he was campaigning, to not seeing him nearly as much when232425he was in the White House; correct?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche36941AOh, that's correct.23For example, you told Hope Hicks in June of 2017 thatyou missed him and that you missed being around the folks that4you had worked with for years and years; correct?5AYes, I did.I had a great relationship with my colleagues.7And I did say that I missed President Trump.8910QNow, youIn fact, he said the same thing at a rally well, Ishouldn't say a rally. It was a fundraiser in Washington, D.C.at some point, because of the1112investigation you talk about, on direct, there was anongoing investigation, and there was some separation placedbetween you and President Trump; right?1314AYes. There was a separation.1516171819And you spoke about that.You spoke about the fact that it was frustrating to youthat you weren't able to communicate as often with PresidentTrump or with the kids; correct?MS. HOFFINGER: Objection.20THE COURT: Overruled.21AI'm sorry. Repeat that.22232425that you weren't able to spend as much time with PresidentSo,Of course.now talking about 2017. You publicly spoke about thefact that it was frustrating to you or you were disappointedLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche36951234150678910111213Trump's children or President Trump because of theinvestigation?A(Pause) I'm sorry. Where was that said?So, let me ask it a different way.In the Fall of 2017, okay so, in September of 2017,there was an ongoing investigation; and one of the consequencesof that was you were told you had to stay away and youshouldn't communicate directly with President Trump or hisfamily; correct?A I was advised that I could not speak to PresidentTrump, but not to the family.Ω Well, you don't remember saying to Emily Fox in thereporting that: That's the part that's most disappointing,meaning not being able to see the President, I haven't spokento any of the kids?Correct.Not that I couldn't see the kids. We just didn't.141516A171819A202122A232425AWell, you didn't speak with the kids?Correct.You then testified in Congress on October 24th of thatyear; correct?Correct.And this is the testimony that you talked about ondirect where you lied?That's the 2017?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche369612Yes. Sorry.So, October 24, 2017?3AYes, sir.45Did you lie you identified the areas that you pledguilty to lying about, right, involving the Russia Project;6correct?7A89Correct.Did you lie in other areas of your testimony or onlythat area of your testimony?10AI believe that's--(pause)--part?111213So, for example, you testified in front of Congress onthat day that you were very proud to have served Donald Trumpfor all of those years and that you would continue to support14him.15That wasn't a lie; that was true?16AThat was true.17Then--we'll come back to this in a little bit.1819In 2018, in April, the FBI raided your home office, safedeposit box, and the hotel room you were staying in; correct?20AThat's correct.212223After that time, you had one conversation on thephone, shortly thereafter, with President Trump; correct?AYes. The day after.24Now,a few weeks later25so, April 26th of that sameyear, of 2018, do you recall saying on the phone that youLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche36971really missed The Boss?234You said, "Boss, I miss you so much. I wish I was downthere with you. It's really hard for me not to be there."Do you remember that?I don't recall that.If we can show you and see if we can refresh yourrecollection.5A6789101112Q1314151617MR. BLANCHE: If we can look at B66 just for thewitness, the parties and the Court.(Whereupon, an exhibit is shown on the witness'and the parties' screens.)It's an article.Take a look at that, and see if it refreshes yourrecollection.(Whereupon, the witness reviews the exhibit onhis screen.)Does that article refresh your recollection that you18 said that?19ANo.202122232425Um, what it states is that, according to this person Idon't know who the person is. And I don't recall specificallysaying that.Fair enough.Now, at some point--and――around August of that year, SO--August of 2018, you started you decided that you were goingLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche3698to meet with the Special Counsel's Office and tell them what12you knew; correct?Cooperate?3AI was asked to cooperate, yes.45Well, you were asked to cooperate, but at some pointyou decided that you would cooperate; correct?AYes, sir.7And you don't remember exactly when it was that you8decided to cooperate?9A I don't remember the specific date, no.Was itSOyou first met with the Special Counsel,101112with Mueller's Special Counsel on August 7, 2018; correct?ACorrect.Had you decided at that point you were going tocooperate?I don't believe so.So, in your mind, when you met with them, what wereyou thinking?A Still to protect Mr. Trump, to provide answers thatmight have been deceptive.131415A16171819202122AI did.23You had three lawyers with you?24AI believe so.25And there werethere was an FBI agent?Q And when you met with them that first time, you hadlawyers with you; right?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche3699७789101112Q13141516I don't recall who was in the room. There was a lot ofpeople in the room.1A2345Understood.MR. BLANCHE: Let's take a look at A65, just forthe witness, the parties and the Court.(Whereupon, an exhibit is shown on the witness'and the parties' screens.)MR. BLANCHE: If we could blow up just the firstparagraph.(Whereupon, the witness reviews the exhibit onhis screen.)There's some redactions there, Mr. Cohen.See if that refreshes your recollection about whether therewas an FBI agent there.(Whereupon, the witness reviews the exhibit onhis screen.)17AYes.1819And there were three lawyers from the SpecialCounsel's Office there; correct?20ACorrect.2122There was an Intelligence Analyst and a ForensicsAnalyst there, as well; correct?23AThat's correct.24New, you told――at that first meeting, you gave a25reason why you were gonna meet with them; right?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche3700(Whereupon, the witness reviews the exhibit onhis screen.)123A456right?7AI'm certain I did.Well, you said, did you not, that your life had beenturned upside-down since the release of the Steele dossier;8Yes.And you said to them that there was no truth to theallegations in that dossier; correct?910AThat is correct.1112A1314And that you've never been to Prague?I have never been to Prague.That's one of the accusations made against you.Not true?15AThat's not true.1617anything?You told them you never paid the Russians to hack18AThat's correct.19That's true, you never did?20ANever did.21222324Correct.25so, byYou told them that by speaking with themspeaking with the Special Counsel's Office that day in August,that was a way for your voice to be heard; right?AAnd you wanted your voice to be part of the reportLaurie Eisenberg, CSR, RPRSenior Court Reporter

12345M. Cohen-Cross/Blanchewhen it was ultimately issued; right?AI wanted my voice to be reflected that the Steeledossier, according to me, as an example, was inaccurate.3701And you--they told you at that meeting, the firstmeeting, I assume: You have to tell the truth?And they told you that lying to a Federal Agent wasAThey did.789A10Federal crime?I'm certain they did.But, you didn't have any doubt in your mind at thetime that lying to them was a crime; did you?a101112ACorrect.1314information about--15And they asked you about all kinds of backgroundabout President Trump, about The TrumpOrganization, about the campaign, about the Inaugural Ball;16correct?17A181920A21They asked me a lot of information, yes.Now, they also asked you about the Trump MoscowProject, and you lied to them%B right?(Pause) Yes. The information I gave was not accurate.So, is "not accurate" information a lie?22ASure.23I don't24AIt's not――I mean2510Is it a lie?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche37021A23A45678It was inaccurate, yes.So, was it a lie?I don't know if I would characterize it as "a lie".It was inaccurate.So, in your mind, if something is inaccurate but it'snot a lie, how are you distinguishing that in your head?AIt wasn't truthful. Yes. You want to call it a lie,I'll call it a lie. It's inaccurate.910I'm asking you to testify--101112A I believe they're the same thing.Pardon?A I believe they're the same thing.13I believe that the information I gave to them was14151617Ainaccurate.But, you're not testifying today that that informationwas a lie?(Pause) Sure. I'll say it's a lie.18Well--19AI'll say it's a lie.20I'm just asking questions, Mr. Cohen.21ANo problem.22And I'm trying to give you the answer.23Okay. Fair enough.2425truthfully or liedSo, when you testified inaccurately or didn't testifywhichever word you want to useaboutLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche37031the Moscow Project, okay, that was one of many things you2talked about that day; right?3AI believe so, yes.45Do you recall lying about anything else or were youonly lying about that? Or being inaccurate? Whatever word.A I--I don't know.I'd have to refresh my memory to see what the document is,but I specifically recall the number of times that I claimed to789have spoken to Mr. Trump, which I was doing for his benefit10and, in essence, at his direction.11But, ultimately1213but, ultimately, what the SpecialCounsel made you plead guilty to from your lies to Congress,right, had to do only with the Moscow Project; correct?14AThat's correct.151617And you never had to plead guilty to a falsestatements charge from when you lied in this meeting onAugust 7th; did you?18ANo, sir.19Now, did they also--you were also asked on that2021date, on August 7, 2018, about the Access Hollywood videotapeand audiotape; weren't you?2223AI believe so.And you--you testified that you excuse me.--You told them on August 7th that you were in London; right?2425AI was.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche37041You were visiting your daughter?2AYes, sir.3And that you were at dinner at a place called Lulu's?4AThat's correct.56789Then you told them, much like you testified toyesterday, that after you received the call, you made a bunchof phone calls to folks in the media; correct?ACorrect.But, you told them on August 7, 2018 that you didn'trecall speaking with President Trump about the tape; correct?(Pause) I don't recall that.MR. BLANCHE: Well, let's put up B65. We hadthat on the screen. Not for the jury.(Whereupon, an exhibit is shown on the witness'and the parties' screens.)MR. BLANCHE: If we can turn to Page 18 of that.(Whereupon, the witness reviews the exhibit on1011A1213141516171819202122ASir, it states23Sir, you can't read from the document.24AOkay.25Sorry.his screen.)If you can take a look at that section that talksabout the Access Hollywood tape, and see if it refreshes yourrecollection.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche3705It's against the rules.12A345Your question to me or your statement is inaccurate.Why is it inaccurate? Without looking at the document,if your memory is refreshed.AYes, it was.678910"Cohen might have spoken to Trump about it." That's whatit says.Well, if you look before that, right, if you lookbefore that, it says: You don't recall, but you might have;right?11AYes, sir.1213141516171819202122So, when you testifiedso, when you met with theSpecial Counsel on August 7th, 2018, you told them you didn'trecall, you might have spoken with President Trump; but, youtestified yesterday, right, that you had a specificrecollection of speaking with President Trump about the AccessHollywood tape; right? You testified about that yesterday?MS. HOFFINGER: Objection as to form.THE COURT: Sustained.е So, when you met with the Special Counsel on August 7,2018, that was about two years after the Access Hollywood tapehad been released; correct?23ACorrect.24--And when you testified yesterday many years later;25correct?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche37062345A678A9101ACorrect.And when you testified yesterday, you testified thatyou had a specific recollection about speaking with PresidentTrump that day; right?Correct.You said that you remember a phone call with HopeHicks that President Trump was on?I said that, yes.And that you remembered a separate phone call withPresident Trump, as well; right?11AI believe so, yes.1213Well, do you have any doubt that you said thatyesterday?14ANo.15161718192021222324But, you didn't have that clear of a recollection whenyou met with Special Counsel August 7th; did you?A It was being deceptive. Or, I might have.So, I left the door open because I didn't want, again, tohave his name in it because I was trying to be protective.Q So, at that point, if you did say that, you couldn'trecall, or you might have, as opposed to remembering specificslike you did yesterday, it would have been because you werestill being deceptive; is that your testimony?AI was trying to be loyal to President Trump.25You were still being loyal to President Trump at theLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche37071time?2AYes, sir.345But, you don't remember anything else in that meetingwith the Special Counsel on August 7th that wasn't truthful,except for the Trump Moscow Project; is that correct?7MS. HOFFINGER: Objection.THE COURT: Sustained.8So, youwe'll talk a little about this a little bit9more.10111213You testified earlier today you had two separate guiltypleas in the Southern District of New York; correct?ACorrect.One, August 21st of 2018?14AYes, sir.1516AAnd then August 29th of 2018?Yes, sir.17November 29th was when you pled guilty to lying to18Congress; is that right?19AThat's right.202122The August 21st was the guilty plea in front of JudgePauley, with all the other conduct you talked about earliertoday; correct?23ACorrect.2425After November 29, 2018, you were sentencedDecember 12, 2018; correct?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche3708Q Then you testified in front of a couple of differentCongressional Committees in between your sentencing and thetime that you surrendered to serve your sentence; correct?1AThat's correct.2345A6789ACorrect.Correct.Now, by that time, by the time you testified inFebruary of 2019, you had changed your views about PresidentTrump; correct?10111213141516171819202122232425You testified on February 27th completely differentlythan your prior public statements about President Trump;correct?A I'm sorry. Can you repeat that?So, you had been talking for years and years aboutyour views of President Trump.You testified in Congress that you had committed to workwith him and continued to do so.But, once you testified February of 2019, you changed allthat, and you now said that President Trump was a con man andthat you were ashamed; correct?AI said that, yes.Now, you were initially supposed to surrender to serveyour sentence March 6th of 2019; right?ACorrect.And your lawyers asked the Judge for more time toLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche37091surrender. So, from March 6th until May; right?2AI just had surgery, yes.345A6So, it was because you were recovering from a medicalissue; right?Correct.And because you were going to testify in front of theCommittees we just talked about, as well; right?78ANo, sir.9101112It was because I had surgery.Q It wasn't because you were going to testify in frontof the Committees, as well?ANo.13So14A I did testify before the Committee.15But, that wasn't the reasonthe reason I was given the1660 days is because I had shoulder surgery.17Now, you--youprior to going into prison in May,18you had never met with the Manhattan District Attorney's19Office; right?20AThat's correct.2122The first time you met with members of the DistrictAttorney's Office was while you were at Otisville, in prison;23right?24ACorrect.25And you had been at Otisville since early May 2019;Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche37101right?2A May 6th.34And just so the jury knows, Otisville, that's 90 milesaway from here, give or take?5AGive or take.७789AAbout an hour-and-a-half from New York City?Approximately.And you were very much looking, in the Fall of 2019,for a way to get your sentence reduced; correct?10AYes, sir.11And you had visitors who came to see you?12AYes.13Do you know someone named Anthony Scaramucchi?14AI do.15Did he come visit you in October of 2019?16AHe came to visit.171819I don't know exactly when.And he commented and said that you were trying tofigure out a way to get out of prison early; right?20A(No response).21You talked to him about that; right?22ASounds correct.2324And between August 2019 and October 2019, you met inperson with Prosecutors from the District Attorney's Office on25three occasions; is that right?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche37111AIn Otisville?2In Otisville.3AYes, sir.45A७August 27th; sound right?(Nods yes).September 19th?7ASounds correct.8And then in October, October 30th; right?9AAlso correct.10111213141516171819202122232425And prior to you meeting with them, you understoodI don't want to hear what theybut, you understood that your lawyers hadfrom talking to your lawyerssaid to youcommunications with the District Attorney's Office?MS. HOFFINGER: Objection.THE COURT: Sustained.Is this a great time to take a break?MR. BLANCHE: Yes, sir.THE COURT: All right, jurors.I'll see you in about 15 minutes.(Whereupon, the jurors and the alternate jurorsare excused.)THE COURT: Sir, you can step out.(Whereupon, the witness is excused.)(Whereupon, a recess is taken.)Laurie Eisenberg, CSR, RPRSenior Court Reporter

12345167891011121314151617181920212223M. Cohen-Cross/Blanche3712Come to Order.COURT OFFICER:Part 59 is back in session.COURT OFFICER:Witness entering.(Whereupon, the witness, Michael Dean Cohen,having been previously duly sworn and/or affirmed, resumesthe witness stand and testifies as follows:)COURT OFFICER: All rise.Jury entering.(Whereupon, the jurors and the alternate jurorsare present and properly seated.)THE CLERK: Case on trial continued.All jurors are present and properly seated.THE COURT:Jurors, I just want to discussscheduling for one moment before we continue.As you know, we're not meeting tomorrow becauseit's Wednesday.I also remind you, we're not going to be meetingthis Friday.The last thing is, I'm told one of your fellowjurors has a commitment Thursday afternoon, so we're onlygoing to work until 4 o'clock on Thursday.You may proceed.MR. BLANCHE: Thank you, your Honor.CONTINUED CROSS-EXAMINATION2425BY MR. BLANCHE:Laurie Eisenberg, CSR, RPRSenior Court Reporter

1234M. Cohen-Cross/Blanche3713So, we were talking about the first time you met withthe Manhattan District Attorney's Prosecutors was in Otisville,late August, August 27th of 2019; right?ACorrect.150167A89A101112So, you had been in--at Otisville for a little overthree months; is that correct?Correct.Early May of 2019?Correct.Do you recall, one of the things you wanted to talk tothe Prosecutors about when you were in Otisville was what thebenefit was to you for meeting with them; right?13AI did ask that.1415And you told them that you had been screwed over bythe system; correct?16AI don't know if that's the language I used, but sounds17correct.18192021222324And you can25lines about--MR. BLANCHE: Well, let's put up, if we can, justfor the witness, the Court, and the parties, B95. B, as inboy, 95.(Whereupon, an exhibit is shown on the witness'and the parties' screens.)These are notes, not your notes, Mr. Cohen.--SO,if you can look at just the first couple ofthere's two initial lines and then a blankLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche3714You can look at the next four lines and see if you can makeout what's read there1space.2345--what's written there, rather?(Whereupon, the witness reviews the exhibit onhis screen.)७AOkay.78Q So, you wanted to know why you should meet with them;correct?91011A(Whereupon, the witness reviews the exhibit onhis screen.)Are you looking at the line that says: Why are you12here?13Um--1415I was actually looking two above that.(Whereupon, the witness reviews the exhibit onhis screen.)16A(No response).1718You can put that aside, Mr. Cohen. It's fine.We'll just ask questions.19AOkay.2021You wanted to know what the benefit was to you forbeing there?22A(Nods yes).23Which was fair.24ACorrect.25The reason whyI want to make sure I have thisLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche37151right.23A4You were sentenced December 12th of 2018; right?Correct.And we're now in August of 2019; right?5A(Nods yes).67right?That we're talking about a meeting at the DA's Office;8A910Court?Yes.Are you familiar with a Rule 35 Motion in Federal11AI am.1213And you understand that a Rule 35 Motion, at times,gives the Judge who sentences you the right to give you a lower1415sentence if certain things happen; like, potentially,cooperation; right?1617A That was something that Judge Pauley issued in hisdecision.18And Judge Pauley is the Federal Judge who sentenced19you; right?20ACorrect.21222324So, you understoodwell but, you understood, didyou not, that a Rule 35 Motion has to be made within one yearof sentence unless certain privileges pertain, right, or apply?AAt the time I did not know that, no.25At the timewell, did you later learn that?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche1A2I did later learn that, yes.Was it later than 2019 you learned that?3AYes.4During the time the motionswhen the motion was3716A7895 actually filed by your lawyers; correct?७Correct.So, when you were meeting with the District Attorney'sOffice for the first time, you asked them what's in it for you,but you also asked them for their timeline; correct?10AI apologize.1112Timeline of what?Ω Well, that was going to be my question, Mr. Cohen.13You asked them what their timeline was for this1415A161718investigation; correct?I don't recall that; no, sir.Did you want to understand from them how long it wasgoing to take them to bring charges?AI don't recall asking that.I'm not asking you whether you recall asking that oranswering that.I'm asking you, at the time so, August of 2019, did itmatter to you how long it was gonna take the District Attorney192021222324A25to bring charges?(Pause) No, sir.It didn't?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche37171A I didn't――I didn't ask that, and they didn't discuss2that with me.3(Whereupon, Senior Court Reporter Theresa4Magniccari relieves Senior Court Reporter Laurie516Eisenberg, and the transcript continues on the followingpage.)78910111213141516171819202122232425Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Cross/Blanche371812345७789(Whereupon, the proceedings were continued fromthe previous page:)CONTINUED CROSS EXAMINATIONBY MR. BLANCHE:Q.Okay. I'm not asking if you asked it or discussed it.Did it matter to you how long it would take for chargesto be brought in this case?A. I didn't consider it at the time; no, sir.So, you didn't say in August 2019, "What is yourtimeline?"I don't recall saying that; no, sir.Now, you recall that your lawyers had asked themI'm not asking if you asked it or discussed it.Did it matter to you how long it would take for charges10Q.1112A.1314Okay.151617A.I didn't consider it at the time; no, sir.18Q.So, you didn't say in August 2019, "What is your19timeline?"20A.I don't recall saying that; no, sir.21Q.Now, you recall that your lawyers had asked themto be brought in this case?22whether they would help write a Rule 35 motion with you then?23A.I am sorry. Once again.24Q.25Do you recall a conversation when they were meetingwith you, when the District Attorney was meeting with you inTheresa MagniccariSenior Court Reporter

M. Cohen-Cross/Blanche3719Otisville, about whether the District Attorney would be helping12to write the Rule 35 motion?34it.5A. My lawyers may have answered that. I didn't ask for1067Q. I didn't say that you did.You were there when they were meeting with you, so whileyou were there with your lawyers in the District Attorney's8 office, do you remember a conversation where your lawyers askedthe District Attorney whether they would be willing to help withのthe Rule 35 motion in Federal Court?1011A.I believe so, yes.12Q.Is it fair to say13years----I know this goes back a couple ofbut the District Attorney didn't commit to anything;14right?15A.1617no,Q.No, sir.They didn't say, yes, we'll do it, but they didn't say,we won't; they didn't commit; correct?18A.That's correct.19202122232425Q. So, eventually, you met with the District Attorneyagain on September 19th for the second time in Otisville?A. They came to Otisville.Q.A.Then, again, on October 30th; correct?Yes, sir.Q. Then in December, your lawyers, in fact, did make aRule 35 motion in the Southern District of New York; correct?Theresa MagniccariSenior Court Reporter

M. Cohen-Cross/Blanche3720They did.LA.2Q.3A.Roger Adler.Your lawyer at the time was somebody named Roger Adler?451078610Q. You had retained Roger Adler in August, a few monthsprior; is that right?A.Q.Correct.And Mr. Adler put a motion in to the Federal Courtasking for a Rule 35 reduction in sentence; correct?A.Q.I did, yes.And you reviewed that paperwork before it wassubmitted%;B correct?1112A.Yes.1314Q. So, the basis for you, through your lawyer, asking theFederal Judge to give you a lower sentence was because of yourcooperation; is that right?1516A.As well as the earlier cooperation, yes.17Q.So, it was the cooperation with the Special Counsel's1819A.202122232425Office; correct?Q.Correct.The cooperation with the Manhattan District Attorney'sOffice the three times you met with them; correct?A.2.Correct.And then, was it also the cooperation with the SouthernDistrict of New York Prosecutors?A.I don't recall the Souther District.Theresa MagniccariSenior Court Reporter

L23M. Cohen-Cross/Blanche3721Q.I am sorry.We're talking about a lot of lawyers.correct?You met with the Special Counsel Mueller's team;You met with the Manhattan District Attorney's Office;4A.Yes.5Q.106correct?7A.Yes.861011Q. You also met with prosecutors with the SouthernDistrict of New York, the U.S. Attorney's Office?A. I mean, they were there at the meetings with theMueller investigation.12Q.And they mention13141516A. The Southern District of New York. It was notindependent, correct.Q. And nobody had signed you up to a CooperationAgreement; right?17A.That's correct.1819Q. And, to this day, you've never signed a CooperationAgreement?20A.That's correct.21Q.Now, that motion was not granted; correct?2223Q.2425A.A.It was not.So, the Judge, the Federal Judge denied your request tohave a reduction of sentence; correct?Yes, it was denied.Theresa MagniccariSenior Court Reporter

M. Cohen-Cross/Blanche3722LQ. But,a little bit later--So now, as we move forward,2 we're talking about May of 2020, May 21st, as you testified3earlier, you were released to home confinement because of theCorona Virus?5A.10786Correct.Q. And, thereafter, you started speaking to the mediapretty regularly; correct?A.Correct.Q. And you started what you, I believe, called the10 Redemption Tour; is that fair?11A.Fair.1213Q.And one of the things that you did in September of 2020was your first book was launched called Disloyal; right?14A.Correct.15Q.That was September 8, 2020; correct?16A.Yes, sir.17Q.Now, right around that time, you also launched your18podcast that you talked about, Mea Culpa?19A.Correct.20Q. Now, you, on your podcastthat started September2114th, 2020%; does that sound right?22A.Sounds correct.2324Q. On your first podcast, Mea Culpa, you referred toPresident Trump as a boorish cartoon misogynist; didn't you?25A.It sounds like something I would say.Theresa MagniccariSenior Court Reporter

M. Cohen-Cross/Blanche3723123A.Q. And those types of comments and names continued on,every single one, throughout 2020; correct?I'm sure I said something. I can't say that they are4all56Q. You recall the first one in 2020 as a Cheeto-dustedcartoon villain?7A.That also sounds like something I said.89101112131415161718Q.Now, do you recall around that same time, October of2020, you started talking about your hope that President Trumpwould be convicted of a crime; correct?A. I don't know if those are the exact words that I said,but the sentiment is correct.Q. You think you might have said "I truly f*cking hopethat this man ends up in prison;" is that exact?A. It sounds like my language on Mea Culpa.Q. Just so I understand, this is now October 2020. Thelast time you had met with the Manhattan District Attorney'sOffice was about a year earlier; is that right?19A.Correct.2021222324Correct.Q. So, you met with them three times in Otisville; youapplied to get a sentence reduction, which was denied; then youwere released because of the Corona Virus to your home, but youwere still serving a federal sentence at that time; right?A.25Q.It's just that instead of being in Otisville, you wereTheresa MagniccariSenior Court Reporter

12in your co-op?M. Cohen-Cross/BlancheA.Condo.mQ.Your condominium?4A.Condo.5Q.3724106I believe you have headphones right to your right, andI think the parties do as well. I am going to ask you to put78is a Mea Culpa--the headphones on. I would like to play a portion of B25, whicha portion of the Mea Culpa podcast on October623rd.Mr. Cohen, I would love to tell you how to use them.You turn the very top up.Point it towards-- do you hear it?You heard that, Mr. Cohen?I had heard that.(Whereupon, the witness, Michael Cohen, listenedwith headphones to above-referenced audio recording.)1011A.12Q.1314A.15161718moment?19202122232425MS. HOFFINGER: Your Honor, may we approach for along.THE COURT: Yes.(Whereupon, the following occurred sidebar:)MS. HOFFINGER: This tape is apparently an hourI could tell from the screen. I was just given thethumb drive. I haven't had a chance to review any of it.I don't have the rest of it.THE COURT: She was just handed the thumb driveTheresa MagniccariSenior Court Reporter

M. Cohen-Cross/Blanche3725L234сл107861011now?MR. BLANCHE:Yes.I can just get back to this tomorrow.I am not looking to introduce a lot of things.Just two or three.THE COURT: They haven't had chance to look at it.MR. BLANCHE: I, literally, just gave it to them.I am happy to go on.MS. HOFFINGER: Thank you.(Whereupon, the following occurred in open court:)CONTINUED CROSS EXAMINATIONBY MR. BLANCHE:1213Q.141516171819A.20What you just heard was a portionMS. HOFFINGER:Objection.THE COURT: I will allow him to clarify it.MR. BLANCHE: Sorry for speaking.Q. What you just heard is a portion of your podcast,Mea Culpa, from October 3, 2020; correct?Correct.Q. You also said in that same podcast, did you not, that21 President Trump needs to wear handcuffs and to do the perp walk,2223people will not be satisfied until this man is sitting insidethe cell; do you recall saying that?24A. I don't recall saying that, but I wouldn't put it past25me.Theresa MagniccariSenior Court Reporter

M. Cohen-Cross/Blanche3726L23OT510Q. By the way, as of October 22, 2021, which is about a--year after you had been you had started your podcast, youstarted in early September 2020. Now we're talking aboutOctober of 2021. Your podcast had topped ten million downloads;does that sound right?A. I think it was more, but, yes.7Q. You said you think it was more.The average was around86A.300,000 a week; is that right?Something like that, yes.10Q.I am sorry.11A.12Q.13A.14Q.15Something like that.And you make money off the podcast; correct?Yes, sir.And then, by the way, is it fair to say that you aremotivated by fame?16A.No, sir. I don't think that is fair to say.17Q.Is it fair to say you are motivated by publicity?18A.19I don't know if that is fair to say. I am motivated bymany things.202122Q. So, do you recall saying in Disloyal, which is a bookthat you published the year before we're talking about nowSeptember of 2020. You published that book; right?23A.I did, yes.24Q.25Do you recall saying that you had wealth, but that youwanted power, the good life, public acclaim, big deals, fastTheresa MagniccariSenior Court Reporter

12M. Cohen-Cross/Blanche3727cars, private planes, the excesses and the glamour and zest forlife; do you recall saying that?mA.Yes, sir.4Q.сл1078610So, is that what motivates you, what I just read?A. Yes, those are my words.Q. You also, correct me if I am wrong, loved being on CNN,MSNBC,even Fox TV?A. When I was speaking on behalf of Mr. Trump?Q. Well, let's do both.Did you love it when you were speaking on behalf ofPresident Trump?1112A.Yes, sir.13Q.14A.1516Q.Do you love it now?Less, but yes, still do.So, the answer is yes, you love it, although just lessnow than you used to?17A.Yes.1819Q. Fair to say that in the first few months after Disloyalwas released, you had made about 2 million dollars off that20book?21A.Sounds correct.22Q.You put that money into a Trust for your family;23correct?24A.25Q.It went into a bank account.So, after meeting with the District Attorney threeTheresa MagniccariSenior Court Reporter

M. Cohen-Cross/Blanche37281times in 2019, the last time being late October, you didn't meet2 with them again, so you didn't meet with the Manhattan34prosecutors again until January 11, 2021%; does that sound right?A.They didn't ask to meet with me again until that date,5 yes.106Q.7them.8I didn't ask you whether they asked you to meet with610My question was a lot more basic than that.Just, factually, between August 30, 2019 and January 11,2020, you did not meet with the Manhattan District Attorney's11Office?12A.No, sir.13Q.They didn't ask you to meet with them; correct?14A.No, sir.15Q.161718Is it fair to say in your first call after you had gonefrom October 30, 2019 to January 11, 2021, in your first call onJanuary 11, 2021, you thanked the new DA team for continuingtheir investigation; didn't you?19A.Sounds correct.202122232425Q.You told the prosecutors the very first time in Januaryof 2021 that you had a strong desire to hold President Trumpaccountable; correct?A.That sounds correct.Q. At the time there was somebody who was working at theDistrict Attorney's Office, who is not at this table, named MarkTheresa MagniccariSenior Court Reporter

L235Pomerantz?A.M. Cohen-Cross/Blanche3729Correct.Q. You started meeting with Mr. Pomerantz and others justafter that January meeting in February of 2021; correct?A.Sounds correct.10Q. Were those meetings7 those initial meetings on Zoom?86that was during COVID, wereA. I believe one was on Zoom, yes.Q.Do you recall that you met twice in February 2021,February 18th and February 26th, 2021?1011A.Again, it sounds correct.1213Q. Well, do you want to see something to refresh yourrecollection?14A.Sure.151617MR. BLANCHE: If we can look first at B73 just forthe witness the parties and the Court.MS. HOFFINGER: Your Honor, may we approach for a18minute?192021222324(Whereupon, there was a sidebar discussion:)THE COURT: Yes.MS. HOFFINGER: Mr. Blanche is now asking aboutanother investigation, another investigation that occurredin the office related to financial conditions.If he wishes to open the door, I guess the door25will be open to that.Theresa MagniccariSenior Court Reporter

L23410M. Cohen-Cross/Blanche3730Given that it is not yet opened, I would cautionthat if he is asking all about those meetings, thosemeetings did not have to do with the case.MR. BLANCHE: I am not asking him about thespecifics of what he spoke to the District Attorney aboutin February. I am asking if he did meet with them.MS. HOFFINGER: The implication is that he metwith them to discuss the case.MR. BLANCHE: If it doesn't open the door, I amhappy to make it crystal clear it wasn't about this case.It was about a different investigation.I don't want to1078610THE COURT: You can clarify it wasn't about thecase, and that won't open the door. That is fine. Thatwill not open the door.MR. BLANCHE: I will clean that up.THE COURT: One person at a time.1112open the door.131415161718192021222324Q.25If you clarify it was not about the case, thatwill not open the door.MR. BLANCHE: Okay.(Whereupon, the following occurred in open court:)CONTINUED CROSS EXAMINATIONBY MR. BLANCHE:So, continuing to talk about the February 2021timeframe. You were meeting with the District Attorney ofTheresa MagniccariSenior Court Reporter

M. Cohen-Cross/Blanche37311Manhattan, but it wasn't about this case; correct?2A.Sounds correct.3Q.OT51067And you didn't so, you said a few minutes ago that--the District Attorney hadn't asked you to come and meet withthem in that timeframe; right? Meaning, between 2019 and 2021,you hadn't been asked to meet with the District Attorney; right?A.That's correct.13141586101112Q.If they had asked, you would have cooperated and comein; correct?A.Presumably so.--Q. And you wanted, during that time period and you wereasked this on direct a little bit, but I want to talk about it alittle bit more again. In the 2021 time period, early part, youwanted the District Attorney's Office to publicly acknowledgethat you were cooperating; correct?16A.I would say so, yes.17Q.Well, I'm not trying to put words in your mouth.1819that?Would you say so? Do you have any doubt that you wanted20A.No.21Q.And you're still serving your sentence at home; is that22right?23A.24Q.I am still on supervised release.But your 2021 sentence is over?25A.November.Theresa MagniccariSenior Court Reporter

M. Cohen-Cross/BlancheLQ.Of 2021?2A.Of 2024.MQ.I am sorry.43732So, when you get home, you are still serving your5 sentence because of COVID. When did you go from prison to1067861011supervised release, even if it was still in your home?A.November.Q. Of what year?A.2021.Q. So, in the beginning of 2021, we're talking about thefirst five months, you're still serving your sentence; correct?12A.Yes, I am still on home confinement.13141516A.Yes,Q. And the rules with home confinement meant you weren'tallowed to leave your home except for certain times, for certainthings; correct?a certain number of hours per day that I can be17outdoors.18Q.1920A.212223You were allowed to go places, but not anywhere youwanted; right?Anywhere in Manhattan.Q. So, what was your restrictions when you were stillserving your sentence?A. Other than those three hours, I was at home.24Q.So, three hours, seven days a week?25A.Correct.Theresa MagniccariSenior Court Reporter

12M. Cohen-Cross/BlancheQ. You were allowed to go anywhere in the Borough ofManhattan?37333A.Yes.4Q.Did you have to wear an ankle bracelet?5A.There wasan ankle bracelet at first, which then became106a phone.7Q.A what?8A.A telephone.131410101112Q. So, the Bureau of Prisons tracked you on your phone, sowhen you were not at your home or when you went out for yourthree hours, that's how the Bureau of Prisons tracked you?A.Correct.Q. The way they knew you had your phone on you was thatthey would call you; right?15A.Yes.16Q.Did they randomly call you?17A.They did.1819202122232425Q. So, during that timeand, again, I don't want to getmixed up on years. Correct me if I am saying something wrong.But, during that time, the first half of 2021, you wanted theDistrict Attorney to publicly acknowledge your cooperation; youwere trying to get your sentence, even though you were just onhome confinement, lowered; right?A. I was looking for a reduction in the home confinementportion, not just from this, but also as a direct result of myTheresa MagniccariSenior Court Reporter

1M. Cohen-Cross/Blanche3734work that I had done while I was at Otisville. In terms of work234and program and credits, I should have been entitled to a year,but I received none of that either.Q. Just so we understand, you're saying that you believe5 that there had been a calculation that was done by the Bureau of10678610Prisons that maybe wasn't accurate, you were entitled to bereleased earlier; is that what you are testifying to?A. Pursuant to the Bureau of Prisons you get what's calledwork credits as well as education credits, to which I took. Iput in an application to the Bureau of Prisons as well, whichAnd that would only be for the homenever amounted to anything.confinement portion.Q. But, correct me if I am wrong, one of the reasons why111213141516A.I would have used that, yes.17you wanted the District Attorney's Office to publicly announceor talk about your cooperation was to help that effort; correct?18Q. And the goal of that was to be released from prisonearly, even though prison was different, you weren't inOtisville, you were just at home; right?1920A.I did want to be released, yes.212223Q. And you talked about this on direct, but, ultimately,there was no letter or public announcement made by the DistrictAttorney about your cooperation; correct?24A.That's correct.25Q.So, again, talking about the 2021 timeframe, you areTheresa MagniccariSenior Court Reporter

M. Cohen-Cross/Blanche13735still under the terms of imprisonment, at least until November,2 right, you were doing your Mea Culpa podcast from your house;3correct?4A.5Correct.Q. And you were meeting with the District Attorney from106your house, or did you also go to meet with did you also go--7down to the District Attorney's Office?86A.Possibly a combination.Q.You were alsoyou were also going on TV during that111210time, as we talked about an hour ago or so ago, talking aboutthe fact that you're meeting with the District Attorney;correct?13A.Yes. But I don't believe when I was on home14confinement that I was doing television.I would have to double15check that.16Q. You don't remember on JanuaryJanuary 17, 2021,171819202122being interviewed by MSNBC, someone named Ari Melber; you don'tremember that?A. I don't specifically remember that date, but I havebeen on Mr. Melber's program many times.Q. And do you remember the next month, on February 22,2021, going on MSNBC and being interviewed by somebody named Joy23 Reid?24A.Yes,I have been on Ms. Reid's program many times as25 well.Theresa MagniccariSenior Court Reporter

M. Cohen-Cross/Blanche3736LQ. But, just so I understand, I am talking about 2021, do2 you believe you were going on TV in 2021?3A.Yes.45OT107Q. And then in November of 2021, your sentence is over andthen you're on supervised release; correct?A.Correct.Q. Can you explain what fundamentally changed when your8 sentence ends, given the uniqueness of the Corona Virus, whenyour sentence ends and you convert to supervised release?610111213A. With the home confinement for those appearances ontelevision or to meet with the District Attorney's Office oranything outside of the three hours that I was provided access,you fill out a form to your probation officer, and you wait forapproval.Supervised release is less stringent. Basically, youcheck in once a month on a form. And if you're going to leavethe state or the country, you just still have to provide themwith notice via an authorization form.Q.14151617181920And that the second part of what you are just talkingabout, that started around November of that year; right?212223A. That started when I was returning home.Q.And you're still on supervised release until Novemberof this year; correct?24A.Correct.25Q.You understood at some point during this investigativeTheresa MagniccariSenior Court Reporter

M. Cohen-Cross/BlancheLprocess there was a new District Attorney; correct?2A.3Q.Correct.And you, at times, have spoken about that DistrictAttorney; correct?45A.10Q.Correct.And you have met in person with District Attorney37377Bragg?8A.1610by11No, sir.Q. Then, in October 2022A.now we have another year goneyou publish your second book, Revenge; correct?Correct.12Q.How much money have you made from Revenge?13A.14Q.15161718I don't know exactly, but I would say around $400,000.And knowing that in the first two months or so Disloyalmade around 2 million, combining the two books, how much moredid Disloyal make after the 2 million that it made in the firstcouple of months?A. Maybe another million.19Q.You madeI am not expecting you to be exact--you20made about 3.4 million dollars from those two books; is that21fair?22A.Over the four-year period?23Q.Yes.24A.It is, yes, sir.25Q.So, that's over the pastTheresa MagniccariSenior Court Reporter

M. Cohen-Cross/Blanche37381A.I am sorry. Four years. The last four years.2Q.Yes. Thank you.34So, after you publish the book Revengeby the way,you talk about in that book your frustration about Trump not5being prosecuted; don't you?A. I say things like that, yes.7Q. And you say, for example, you don't understand why89101112nobody will hold Donald Trump responsible; right?A. That sounds correct, yes.Q. And you talk about in your book, about your efforts atcooperating with the Special Counsel and with the ManhattanDistrict Attorney's Office?13A.I talk about my cooperation with them, yes.14Q.15A.1617Now, in that book, you call yourself a "fixer;" right?I probably referenced it, yes.Q. But, when you think of yourself as a "fixer," are youfixing things that you broke?18A.No, sir.19Q. There came a time when you became concerned that thenew District Attorney was circulating negative stories aboutyou?2021222324A.25Q.MS. HOFFINGER:Objection, your Honor.THE COURT: Overruled.Can you repeat that?Did there come a time when you became concerned thatTheresa MagniccariSenior Court Reporter

M. Cohen-Cross/Blanche37391the new District Attorney was circulating negative stories about2you?MA.Yes.4Q.And you talked about that in your book; right?слA.Yes.107Q. And you said that the articles were saying peoplefamiliar with Bragg's thinking were circulating stories about8you?61011MS. HOFFINGER: Objection, your Honor.THE COURT:Sustained.Q. Now,we talked a little bit earlier about that time121314period just over a year and three months ago, so January of2023, that's towards the end of that month, when you turned overyour phones to the District Attorney's Office; right?15A.I am sorry, I am confused by your question.16Q.We talked about earlier January 2023, so a year and171819three months ago, that's when you gave your phonesto have the District Attorney's Office come and get your phonesand take them; right?consented20A.Yes.21Q.You gave them your password?22A.I did.23Q.You signed a Consent Form?24A.25Q.I did.And an Investigator Rosenberg came twice, the firstTheresa MagniccariSenior Court Reporter

M. Cohen-Cross/Blanche3740123time and a few days later, and got both your phones?A.Q.Correct.It was around that time, a little before the end ofJanuary, that you started texting regularly with Investigator5 Rosenberg; correct?107861011A. No, sir, I would disagree with that characterization of"regularly."to stop.THE COURT: Mr. Blanche, this might be a good timeMR. BLANCHE:Absolutely.THE COURT: You are going into a new area?MR. BLANCHE: I am.THE COURT: Let's stop now.Jurors, I ask you, please, not to talk eitheramong yourselves or with anyone else about anything relatedto the case.Please continue to keep an open mind.1213141516171819202122232425the trial.Do not form or express an opinion about thedefendant's guilt or innocence until all the evidence isin, and I have given you my final instructions, and I havedirected you to begin your deliberations.Do not request, accept, agree to accept or discusswith any person the receipt or acceptance of any payment orbenefit in return for supplying any information concerningTheresa MagniccariSenior Court Reporter

Proceedings3741L2M4OT107ထ861011Report directly to me any incident within yourknowledge involving an attempt by any person improperly toinfluence you or any member of the jury.Do not visit or view any of the locationsdiscussed in the testimony.And do not use any program or electronic device tosearch for and view any of the locations discussed in thetestimony.Do not read, view or listen to any accounts ordiscussions of the case. That includes the reading or thelistening to the reading of any transcripts of the trial orthe reading of any posts on any court sites.Do not attempt to research any fact, issue or lawrelated to the case.Do not communicate with anyone about the case byany means, including by telephone, text messages, email orthe internet.Do not Google or otherwise search for any12131415161718192021222324THE COURT: You may be seated.25Sir, you can step down.information about the case or the law which applies to thecase or the people involved in the case.I will see you Thursday at 9:30.(Jury leaving courtroom.)Theresa MagniccariSenior Court Reporter

L234сл107861011Proceedings(Witness leaving courtroom.)3742THE COURT: Counsel, please approach.(Whereupon, there was an off-the-record discussionheld at the bench between the Court and counsel.)THE COURT: Let's just put on the record what wewere discussing at the bench.I was asking Mr. Blanche if at that point he stillthought it would be possible he would be finished with thewitness by Thursday afternoon.You were answering the question.MR. BLANCHE: Yes, if I finish, it's at the end of1213the day, I anticipate, your Honor.14THE COURT: Again, there is no rush.Take your15time.Do whatever you need to do.1617181920You are also covering a different topic?MR. BLANCHE: Yes, your Honor.As it relates to our expert witness, we put in aproposed charge today.The Government put their's in yesterday, your21Honor.22232425What we would respectfully request, that we havean opportunity to discuss the testimony to make sure thatour understanding of what is admissible is consistent withthe Court's motions in limine.Theresa MagniccariSenior Court Reporter

12345७78910111213141516171819202122232425Proceedings3743THE COURT: Does that sound like something we cando Thursday at 4, when we excuse the jury?MR. BLANCHE:Absolutely.THE COURT: Thank you.I will see you then.(Whereupon, the trial in this matter stoodadjourned to Thursday, May 16, 2024.)Theresa MagniccariSenior Court Reporter