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Have Trump prosecutors made their case at hush-money trial?

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Michael Cohen is questioned by prosecutor Susan Hoffinger on 13 May in Manhattan while Donald trump looks on. (BBC)

For nearly four weeks, Donald Trump has sat quietly in a New York courtroom while state prosecutors laid out the first-ever criminal case against a former US president.

Lawyers from the Manhattan District Attorney’s Office have called on a cast of blockbuster witnesses and produced dozens of surreptitiously recorded conversations and documents to help corroborate their case.

They allege Mr Trump directed a hush-money payment to an adult-film star in 2016 to avoid a sex scandal he feared would derail his presidential campaign – and then authorised an illegal reimbursement scheme to cover it up. Mr Trump denies 34 counts of falsifying business records.

The prosecution’s final witness, Michael Cohen, will face further cross-examination on Monday before Trump’s lawyers get an opportunity to present his defence.

Legal experts say the prosecution has done an efficient job. But even with solid evidence and testimony, they acknowledge that a conviction in the complex felony case is far from guaranteed.

“The pieces are all there. But is it there beyond a reasonable doubt?” said former Brooklyn prosecutor Julie Rendelman. “I don’t know.”

“It only takes one juror,” she added.

Laying out the story

Though Mr Trump’s case centres on a reimbursement he made to Cohen, his former fixer, prosecutors spent the first weeks of the trial walking the court through what led up to the $130,000 (£102,000) hush-money payment Cohen made to adult-film star Stormy Daniels.

They started with David Pecker, the former publisher of the National Enquirer.

He described a series of meetings in Trump Tower where he, Cohen and Mr Trump hatched a plan to suppress negative stories about Mr Trump – including alleged sexual encounters – as he ran for president.

His testimony proved influential, said former Manhattan prosecutor Lance Fletcher. “He doesn’t have a reputation that’s been blown apart by this. And he came into it really seeming to be Trump’s friend,” Mr Fletcher said. “So I think he comes off as almost an impartial witness.”

From there, prosecutors called a host of others, including former Trump aide Hope Hicks and Daniels’ former attorney Keith Davidson, to corroborate the story.

“They sort of connected a fascinating novel … about how all of these characters interacted,” said Columbia Law School professor John Coffee. “And that was wise.”

They also interspersed evidence such as meeting logs, recordings and receipts of hush-money payments made to a Trump Tower doorman and Playboy model Karen McDougal to bolster witnesses’ stories.

Star witnesses air secrets

Prosecutors used weeks of storytelling and evidence to build up to the most highly anticipated witnesses, including Ms Daniels.

Jane Rosenberg Courtroom sketch of Stormy Daniels taking the stand in Donald Trump's hush-money trial
Stormy Daniels takes the stand in Donald Trump’s hush-money trial (BBC)

Mr Trump’s attorneys worked hard to limit Ms Daniels’ testimony.

While prosecutors pledged to tread lightly when quizzing her about the alleged sexual encounter at a hotel suite in Nevada in 2006, she still proved at times an uncontrollable witness, Judge Juan Merchan told the court. Mr Trump has denied having sex with her.

Her explicit testimony led to several unsuccessful mistrial motions from Mr Trump’s legal team and may have opened the door for an appeal, some legal experts said.

But others said that context helped prosecutors show why Mr Trump would be desperate to pay for her silence in order to protect his campaign.

“She got into some salacious details, which I thought went too far,” said Ms Rendelman. “But at the same time, the argument for the prosecution is the more salacious it is, the more Trump would want it to be shut down.”

Ultimately, Ms Daniels could only testify to what led up to the hush-money payment.

For the behind-the-scenes reimbursement, they had to rely on a problematic witness: a convicted felon who recently has made a living off attacking Mr Trump.

A calm and collected Cohen takes the stand

Members of the public held their breath earlier this week as Mr Trump’s former fixer-turned foe, Cohen, was called to the stand. Many anticipated the same character who authored fiery social media posts attacking Mr Trump, for whom he once pledged to take a bullet. But the man speaking in a blue suit and tie took them by surprise. Cohen appeared composed as he detailed his decades with Mr Trump.

“He is measured. He is reflective,” said Diane Kiesel, a former New York Supreme Court Justice and Manhattan prosecutor. “He has not let any bias or animus for Mr Trump show through.”

Cohen told the court of his initial admiration, working as Mr Trump’s personal attorney for 10 years. He acknowledged the lows as well, including lying on Mr Trump’s behalf, leading to regrets.

His composure boosted the prosecutors’ case, and his testimony was bolstered by a weak cross-examination from Mr Trump’s legal team on day one, experts said.

Mr Trump’s attorney, Todd Blanche, appeared disorganised at first, stumbling sometimes in his questioning, experts told the BBC.

But he appeared to make strides on the second day, Thursday, casting doubt on details of Cohen’s testimony, including an October 2016 phone call Cohen made to Mr Trump’s bodyguard in which he claimed to have to talked to Mr Trump about details of the hush-money payment.

It was a reminder of what experts said was one of prosecutors’ largest problems: Cohen’s credibility. The defence hammered home the point that Cohen is a convicted criminal, who spent time in prison after being convicted on several charges including lying to Congress.

Cohen was able to testify to a key part of prosecutors’ case – Mr Trump’s direct knowledge of the hush-money payment reimbursement scheme.

Cohen said former Trump Chief Financial Officer Allen Weisselberg – currently serving a perjury sentence at Rikers Island prison – decided to classify reimbursements from Mr Trump’s account as legal expenses. Cohen testified that he heard Weisselberg get the OK from Mr Trump himself.

As Cohen spoke, prosecutors also displayed the dozens of cheques, ledgers and invoices at the heart of the 34-count indictment.

But Cohen’s story may not sway all jurors.

“You are relying on a witness who in many respects … comes with a larger load of baggage than others,” Ms Rendelman said. “It makes it a bit more difficult to prove the case beyond a reasonable doubt.”

Connecting the dots

Other challenges remain for the prosecution.

In a relatively novel approach, the Manhattan District Attorney’s Office elevated falsifying business records charges to a felony by claiming Mr Trump did so with the goal of concealing another crime.

To prove their case, prosecutors must show intent – that Mr Trump illegally classified records for the purpose of aiding his campaign. Several witnesses seemed to corroborate this.

“He wasn’t thinking at all about [his wife] Melania,” Cohen told the court. “This was all about the campaign.”

But prosecutors must make this connection clear to the jury.

“Essentially they have to connect these payments to a motive that links them to a campaign,” said Ms Kiesel. “This requires a summation of a lifetime, because you really have to connect these dots.”

Mr Fletcher said prosecutors succeeded in doing so, with witnesses arguing the hush-money payment and reimbursement was not made to protect Mr Trump’s family.

“This was all about the election,” Mr Fletcher said. “If I was going to bet, I would bet on a conviction. But I don’t think it’s a slam dunk.”

In the end, the verdict could come down to jury selection, experts said.

The 12 members and six alternates were picked from hundreds who expressed a range of political views and familiarity with Mr Trump and this case.

Jury members are often unpredictable, Ms Kiesel said. “It only takes one person to decide that the people have not met their burden,” she said. “The people have 12 jurors to convince.”

(BBC)



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At least 13 people killed in Nigeria stampedes at charity events

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At least 13 people, including four children, have been killed in two incidents in Nigeria as large crowds gathered to collect food and clothing distributed at annual Christmas events, police say.

In the capital, Abuja, at least 10 people died on Saturday and many more were injured in a scramble to receive gifts of charity being distributed by the Holy Trinity Catholic Church in Maitama district.

“This unfortunate event, which took place around 6:30am [05:30 GMT], resulted in a stampede that claimed the lives of 10 individuals, including four children, and left eight others with varying degrees of injuries,” said Josephine Adeh, a police spokesperson.

In a separate incident in Okija in Anambra State in southern Nigeria, three people were killed in a crush at a charity event organised by a philanthropist, state police said.

“The event had not even started when the rush began,” police spokesman Tochukwu Ikenga said. There could be more deaths recorded as officers investigate, he said.

In both incidents, the victims were mostly women and children who were trampled as crowds tried to reach the provisions being offered.

[Aljazeera]

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Nine-year-old among five killed in attack on German Christmas market

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A nine-year-old child and four adults have been killed, and more than 200 injured after a car drove into a crowd at a Christmas market in the eastern German city of Magdeburg on Friday, officials say.

At least 41 people were critically injured after the incident which lasted around three minutes, police said.

The arrested suspect has been named in local media as Taleb al-Abdulmohsen, a 50-year-old Saudi citizen who arrived in Germany in 2006 and had worked as a doctor.

Reiner Haseloff, the premier of Saxony-Anhalt state, said a preliminary investigation suggested the alleged attacker was acting alone.

He added that he could not rule out more deaths due to the number of injured.

The suspect is currently being questioned and prosecutors expect to charge him with murder and attempted murder in due course, the head of the local prosecutor’s office said on Saturday.

Prosecutor Horst Walter Nopens added that the investigation was ongoing but suggested the background to the crime “could have been disgruntlement with the way Saudi Arabian refugees are treated in Germany”.

The suspected attacker has no known links to Islamist extremism – social media and posts online appear to suggest he had been critical of Islam.

Footage from the scene showed numerous emergency services vehicles attending while people lay on the ground.

Further footage then emerged of armed police confronting and arresting a man who can be seen lying on the ground by a stationary vehicle.

Unverified video on social media purports to show a car ploughing into the crowd at the market.

City officials said around 100 police, medics and firefighters, as well as 50 rescue service personnel rushed to the scene.

German Chancellor Olaf Scholz, who travelled to the city on Saturday, described the attack as a “dreadful tragedy” as “so many people were injured and killed with such brutality” in a place that is supposed to be “joyful”.

He told reporters that there were serious concerns for those who had been critically injured – which German media reports is in the dozens – and that “all resources” will be allocated to investigating the suspect behind the attack.

There would be a memorial service for the victims at the Magdeburg Cathedral later on Saturday, he added.

[BBC]

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Irish parliament elects first female speaker

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Verona Murphy said politics is "the last blood sport" [BBC]

Independent Wexford TD Verona Murphy will be the next Ceann Comhairle (speaker) of Dáil Éireann.

She will become the first woman to ever hold the role after being elected by her fellow TDs (members of the Irish parliment).

Fianna Fáil’s John McGuinness and Seán Ó Fearghaíl as well as Aengus Ó Snodaigh from Sinn Féin also ran for the position.

Politicians in the Republic of Ireland met for the first time since the general election on Wednesday.

[BBC]

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