#Trump atty #Kise accused Judge #Engoron of using "two sets of standards."
Solomon countered that it's "night-&-day different" because the state used #Ivanka Trump's communications w/the GSA, not the agency's internal docs.
Engoron to Kise:
"Your constant insinuations that I have different set of standards. It's just not true. …You can keep saying it if it makes you happy, that I'm favoring one side over the other. …I just make the rulings as I see them."
The cross-examination of #Ivanka is by #Trump atty Jesus Suarez.
Ivanka testified that she had nothing to do w/the preparation of Trump's SFCs.
Shortly after he began questioning, #Engoron noted that she'd answered some of their questions in direct.
Atty Chris #Kise complained that >1 min in, the defense was being told to “hurry up” & said: "That is grossly unfair."
#Engoron: "I disagree."
#NYAG showed an email from #JaredKushner to #Ivanka on June 17, 2013:
"You can get better pricing for such LTV. Nativixis will give you 140MM at that rate most likely. Show i show it to them?" (sic) (#LTV=Loan to Value)
NYAG asked why she showed such info to #Kushner,
#Kise objected on spousal privilege grounds.
#Engoron decided that was a good time for a lunch break
#Kise: "While there is some contextual latitude...we're asking about things that are well-barred.”
#Engoron: “I agree w/your logic that a certification in 2016 doesn't affect anything about original loan, however (some loans) require as a condition of a loan the #TrumpOrganization or whoever…certify things in the future. I believe those certifications are at issue."
#Ivanka retook the stand.
Engoron to Ivanka: “Sorry to have kept you in the dark.”
#Ivanka got a break while attys argued SOL to.
#Engoron: "For me, the reasons for all the rulings on statute of limitations from pre-2014 & 2016 deals...these deals, at least some of them, were required for updated financials, year after year.… It doesn't make sense to talk about the follow up documentation w/o [referencing] the original loan.”
#Trump atty #Kise: "Nothing that was done by way of certification (affects) a decision that was made years before the statute of limitations expired.”
Justice #Engoron responded that he didn’t think that mattered.
#Kise: “We haven't had any questions about those corporate entities.”
Engoron considered it further & said: “It's an interesting question; to what extent the question has to be limited to the grounds of the subpoena?"
#Trump attorney #AlinaHabba: "She's no longer a defendant in this case.”
#NYAG: "Were you aware that in his statements of financial condition for 2011, Donald Trump represented that his net worth was more than $4 billion?"
#Ivanka: “No”
#Trump atty Chris #Kise said that all of this questioning is outside the scope of the #subpoena that compelled Ivanka to testify:
"This individual was subpoenaed on behalf of three corp entities, & none of those entities have anything to do w/(the Doral loan).”
#AlinaHabba made clear that the motion would be in part about Justice Engoron's principal #LawClerk.
#Engoron: "Don't file that motion, please. I think it's important for the safety of my staff. I am 1,000% convinced, & you don't have any right or reason to complain about my confidential communication."
#Kise: “There's no way to file that motion without referencing the subject matter.”
Engoron: “I'm directing you not to make that motion [...] I'm going to protect my staff, okay."
#NYAG: "Your honor, we have nothing further at this time for this witness.”
(Thank goodness)
#Kise declined cross-examination at this time.
#Trump left the stand.
Trump's attys made post-trial arguments on motions they may make, such as #mistrial motions or challenging the expansion of the #GagOrder to the lawyers.
#Kise says that he may want to mention information potentially barred by the gag order on the lawyers in their mistrial motion.
#Kise made his usual statute of limitations objection on a term loan agreement from late 2012, which Judge #Engoron overruled - Trump smiled at the ruling.
When it was entered into evidence, Trump shook his head.
#Trump: “The number[s] of my net worth are substantially more than reflected in my financial statements, so therefore you have no case. I think this case is a disgrace
(Trump campaigning from the stand)
#NYAG showed a 2015 #Forbes article.
Trump scoffed: "Forbes. They're owned by China. Now, they sold to Russia."
The article says that #Trump was very much involved in inflating his #assets,
Trump: “I have very little respect for Forbes."
(Forbes broke the news that Trump inflated the size of his apt & recently knocked him off the billionaires list.)
The article cited a recorded conversation at the time. Trump atty #Kise objected & called the recording inaudible. #Engoron agreed re quality.
Justice #Engoron tells the #NYAG that he's following his lead, & if he wants to let the witness "ramble" on w/ "unresponsive" answers, he'll do that.
#Kise defends what he describes as Trump's "brilliant" response.
#Trump: “I have a lot of money, a lot more money than you thought."
Trump goes on to say that since his financial statements have disclaimer clauses, telling parties to do their own due diligence, there can be no #fraud. He’s totally off topic.
Apparently it looked like #Trump was l going to start another tangent because, #NYAG said: “ I think we'll take our break now," & said he'd appreciate it if #Kise would talk w/his client.
At one point, #Engoron said he would excuse the witness if he didn't respond to the questions he was asked.
After the break:
NYAG asked Trump about valuations of his New York penthouse in 2014, which inaccurately tripled its size.
#Engoron: "I beseech you to control him, if you can,” he warned he will control #Trump if the lawyers don’t.
#Kise & #lHabba jumped up to defend Trump, calling his answers “responsive”.
Habba said Engoron's here to "hear what he has to say.”
Engoron: "I'm not here to hear what he has to say. HE’s here to ANSWER questions!"
He ordered them to sit down.
Kise said the judge should want to hear EVERYTHING Trump has to say.
Engoron: “No I do not want to hear ‘everything’ this witness has to say.”
#Kise urged the judge against that.
#NYAG asked about 40 Wall Street (Trump Tower) & its valuation at $550.1M on the 2014 SFC. #Trump gave a speech about the statute of limitations, possibly converting it to condominiums, & how developing condos for that property "was perfect."
Trump: "I got a lollipop in the lease. It's a legal term, believe it or not." (So now he knows the law? I thought he didn’t even know what a subpoena was)
#Trump: "I'm between IBM & Tiffany."
Trump: "It's a holdup. It's not a nice word. It's a holdup site." If either Tiffany or IBM wanted to expand, they’d have to buy his bldg.
#NYAG: “The question was...”
Trump, spoke over the AG: “I bought the air rights over Tiffany so they can’t go up…”
#Engoron: “Excuse me”
Trump dismissively: “Hold on!” (& cont’d)
Engoron: “Mr. #Kise, can you control your witness? I am considering drawing a negative inference on any question he might be asked.”
The problem here is that the problem is a real one, #Kise's deflection notwithstanding
Obsessively raising the "issue" of Engoron's [female] clerk is going to trigger #Trump, and possibly a #MAGA freak when #FOXNews runs with it
If Trump blows up on #TruthSocial again, Trump's toast
If one of Trump's cult actually goes off and does something physical either at or to Engoron's clerk, it's sh1t-hitting-fan all around
And what's Kise's real point here?
A judge and his/her clerk cannot communicate during trial?
Really?
cc @GottaLaff
Oh FFS; Before the first #witness #DonaldBender, could even begin testifying, one of Donald #Trump’s attorneys issued a preemptive #objection. Chris #Kise told Justice Arthur #Engoron that he objected to various parts of the #accountant’s #testimony & wanted to issue a “blanket objection” based on an #appellate ruling in June.
“As you know we won an appellate victory in June of this year,” #Kise said. “We make a blanket #objection to #testimony in that regard.”
Per Jonah Bromwich:
This is going somewhat off the rails, as Chris #Kise told Justice #Engoron from his seat that Trump's lawyers disagreed w/his finding before the #trial that Trump committed #fraud. We’re seeing the influence of having this particular client in the courtroom — after bombastic presentations from #Habba & #Robert, Kise is being far more #confrontational w/the #judge.
