Weaving A Few Threads 🧵

NEW: Judge Merchan rules that Trump's proposed FEC expert witness can testify only about:

-- what FEC is and purpose
-- who who makes up FEC
-- what FEC responsible for enforcing
-- general definitions for contributions, expenditures

No interpretation of FECA statute permitted

— Hugo Lowell (@hugolowell) May 20, 2024

Cross-exam of Michael Cohen continued this morning & the trial is now at morning break. The defense explored a variety of areas to try and discredit Cohen, and Judge Merchan excluded a defense witness who they argued was “absolutely critical.” Full recap…https://t.co/9TM1DP6B4H

— Ron Filipkowski (@RonFilipkowski) May 20, 2024

A legal argument was then held on whether the defense could call an "expert" Brad Smith to give his interpretations of legal terms that are the subject of the predicate offense for these charges. The DA objected since experts are permitted to give an opinion about the facts of the case based on their analysis but not on the law since it is the province of the jury to apply the law to the facts, not a witness. Emil Bove argued that having their expert define those terms "is absolutely critical" to their defense. Judge Merchan ruled that Smith cannot testify since he will only be making legal conclusions.

I’m just going to say the defense argument there is absolutely a non-starter . Merchan’s ruling is horn book law. Bove knows better than to even try. A sure sign they know they got nuthin’.

Calling Costello is not looking too good, either.

Trump's defense team has not yet made a final decision over whether to call Robert Costello to testify once the prosecution rests its case, I’m told. Costello once advised Michael Cohen, but Cohen never formally retained him.

— Kaitlan Collins (@kaitlancollins) May 20, 2024

They tried to do it without the risk of cross-examination. That didn’t work.

Legal arguments began with the DA objecting to Blanche's plan to use an email from the partner of former Rudy Giuliani associate Robert Costello, who claimed to represent Michael Cohen in 2018 despite Cohen's strong denials. Merchan excluded it on the grounds that it is hearsay and doesn't include Cohen's state of mind at the time, which would be the only relevance of it.

So, will they call Costello, and get him to testify he’s a Trump sycophant who never worked for Cohen? Signs point to “No.”

The reason Merchan called them in 45 minutes early:

What state?
What time?
The judge called it for 8:45AM https://t.co/C6WFRxMJkd

— Stephanie Ruhle (@SRuhle) May 20, 2024

Was to hear these arguments from Trump’s lawyers. Meanwhile, outside Fort Knox, Manhattan:

Things are not going so well for the red tie brigade https://t.co/bBAkNVpP6d pic.twitter.com/RHhtGOZhRe

— MeidasTouch (@MeidasTouch) May 20, 2024

Hard to hear anyone speaking over the hecklers and cowbells pic.twitter.com/RoLZVmEJyG

— Jacqueline Sweet (@JSweetLI) May 20, 2024

For some reason, Fox chose not to air any video of Donald Trump’s surrogates speaking outside of his criminal trial

— Acyn (@Acyn) May 20, 2024

Mission Accomplished.

And I thought some 40 MAGA Representatives were supposed to be in court this week. The judge seems to think it’s going to wrap up by tomorrow:

Judge Merchan just said closing arguments will be NEXT TUESDAY. "It was either have a long break now, or have a long break then. Unfortunately, the calendar is what it is.”

— Kaitlan Collins (@kaitlancollins) May 20, 2024

Those guys had better hurry.