POLONCARZ STATEMENT ON ERIE COUNTY LEGISLATURE’S REPUBLICAN CAUCUS VOTE AGAINST THE 2023 CONSOLIDATED BOND RESOLUTION

Date: 

3/23/23

Caucus’s failure to approve the action item will result in a significant delay and possible cancellation of $50 million in infrastructure work

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Trump attorney gets schooled on the law by witness: ‘It’s not illegal in New York’



Manhattan Criminal Court — Donald Trump's attorney was schooled on the law by the former president's ex-attorney Michael Cohen as he sat in the witness box during his cross-examination Thursday.

Cohen delivered his lesson to attorney Todd Blanche, the lead defender in Trump's criminal hush money case, as the two discussed conversations that Trump's former fixer had recorded.

Blanche took a stern tone when he demanded to know if Cohen had informed those he recorded of that fact, and appeared astounded when Cohen said he had not.

But Cohen remained calm as he said into the microphone, "It’s not illegal in New York."

New York allows "one-party consent," which allows anyone participating in a conversation to legally record it without informing other parties.

This check did not stop Blanche from pushing Cohen on recorded conversations he shared with reporters such as New York Times Maggie Haberman and with clients who Blanche argued were unilaterally protected by privilege.

When Blanche asked if there were any exceptions to attorney-client confidentiality, Cohen yet again had an answer: the rule that mandates lawyers to disclose conversations — advice for example — that would contribute to criminal activity.

ALSO READ: Trump told to pay up before rallying in N.J. town he previously stiffed

Blanche sputtered a question asking incredulously if Cohen was claiming to have relied on this exception. Again, Cohen was calm.

"You asked if there were exceptions," a deadpan Cohen replied. "And I said 'Yes, the crime-fraud exception."

This exchange occurred on the second day of Cohen's courtroom battle with Blanche in the Manhattan criminal courtroom where Trump stands accused of falsifying business records to conceal hush money paid to adult film star Stormy Daniels.

Trump pleaded not guilty, denies an affair with Daniels and contends he is the victim of a political witch hunt, without evidence.

Blanche had a rocky start Thursday morning that saw his request to consult Judge Juan Merchan swiftly shut down with a resounding "No."

His jab at members of Congress fell flat, and in front of several Republican House members who came to the New York City courtroom to back up Trump.

ALSO READ: 'Bootlickers': GOP lawmakers supporting Trump nailed by protest sign at hush money trial

The morning's session also saw Merchan sternly order Blanche to fix a problem raised by prosecutor Josh Steinglass that Blanche had unfairly suggested Cohen was engaged in improper conduct tied to the District Attorney's criminal indictment.

‘Contemptuous’: Transcript reveals hush money judge threatened key Trump witness



Former President Donald Trump's witness at his Manhattan criminal trial raised a massive stir after his conduct forced Judge Juan Merchan to clear the courtroom — but that's not all that happened.

Merchan further threatened that he would remove Robert Costello from the witness stand if there were any further breaches of decorum in the courtroom, according to court transcripts obtained by Lawfare's Anna Bower.

Costello, the former legal adviser for Trump's estranged attorney and fixer Michael Cohen, was called to court at Trump's insistence — reportedly over the misgivings of some of his legal team — to echo claims he made to a Republican-controlled House committee last week, that Cohen has been lying to the court and previously told Costello that he had no criminal information on Trump when Cohen himself was facing criminal prosecution.

But things went off the rails when he openly antagonized the judge, complaining about Merchan's orders and glaring at him.

The transcripts show just how angry Merchan was about the breakdown of order, after he cleared his courtroom.

"The fact that I had to clear the courtroom and that the court officers, including the Captain, had great difficulty clearing the courtroom, and that there was argument back and forth between the press and including counsel for the press, goes to why I had to clear the courtroom in the first place," said Merchan.

"And that is, sir, your conduct is contemptuous right now. I'm putting you on notice that your conduct is contemptuous. If you try to stare me down one more time, I will remove you from the stand."

This comes as the prosecution is preparing to give its closing arguments, and as the defense appears to have little more to add other than the move to call Costello.

It also comes after several days of exhaustive cross-examination of Cohen himself, who testified extensively to Trump's involvement in the hush payment scheme but also admitted to some problematic information, including that he stole $30,000 from the Trump Organization.

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