Morning Report — Will Trump take the stand?

by Alexis Simendinger and Kristina Karisch - 05/21/24 6:30 AM ET

Former President Trump sits in Manhattan Criminal Court in New York, on May 20 2024. (Mark Peterson/Pool Photo via AP)

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Prosecutors with the Manhattan district attorney’s office rested their case Monday against former President Trump, bringing the first criminal trial of a U.S. president in the country’s history nearer to a close.

The defense now has the opening to present witnesses to try to persuade at least one potential skeptic on the jury that Trump committed no crime with his company’s business records in 2016, when he was a White House candidate. The former president argues that he’s a victim of a “conflicted” and “corrupt” judge and partisan prosecutor who want to prevent him from campaigning for the presidency.

He also argues that Michael Cohen, his former lawyer and the prosecution’s flawed star witness, is a convicted liar who admitted Monday on the stand to stealing from the Trump Organization and changing his story about his former boss, allegedly for personal financial gain.

“You did steal from the Trump Organization based on expected reimbursement from RedFinch?” Trump lawyer Todd Blanche asked the now disbarred Cohen.

“Yes, sir,” the former Trump fixer replied, referring to his decision to pocket tens of thousands of dollars in padded reimbursement after paying for a tech firm to rig polls in the former president’s favor.

Cohen has testified that Trump was the mastermind behind an alleged scheme to pay for the silence of two women who said they’d had sex with him and reimbursed Cohen for the payments while allegedly illegally falsifying documents to mask the expenses. But the former lawyer also testified Monday that he changed his story after initially saying Trump had nothing to do with hush payments.

The conclusion of Trump’s made-for-tabloids drama — featuring a porn star, the former National Enquirer publisher who helped Trump in 2016 and a revolving cheering section of GOP VIP Trump loyalists — may gallop through its final phase. But the roster of witnesses for the defense remains unclear, and Trump’s decision about taking the stand is a topic of speculation and suspense. Legal experts have said either option presents political and legal consequences for the former president. The risks are real and few experienced in criminal trials think he should do it.

Trump has dangled the idea that he might take the stand, swear to tell the truth, the whole truth and nothing but the truth and answer questions in his own defense.

“All I can do is tell the truth,” the defendant told reporters at the outset of his trial.

Blanche told the judge at a sidebar conference that he had no indication Monday of whether Trump would opt to testify. Judge Juan Merchan indicated that closing arguments would be next Tuesday.

▪ The Hill: Returning as a defense witness today is lawyer Robert Costello, whose decorum on the stand Monday attracted sharp rebukes from the judge, as evident in the transcript released Monday night.

▪ The Hill’s Niall Stanage: Cohen trouble, judicial fireworks: Five takeaways from the Trump trial on day 19.

▪ The Hill: Senate Republicans see a Trump verdict as a political wild card.

3 THINGS TO KNOW TODAY:

▪ The “viability of businesses … around the world could be at risk” without a united international strategy aimed at China and its cheap exports and excess capacity of goods, Treasury Secretary Janet Yellen warned in a speech today in Germany ahead of a Group of Seven gathering in Italy this week.

▪ The embattled chair of the Federal Deposit Insurance Corp., Martin Gruenberg, agreed Monday to depart his job to give President Biden and the Senate an opening to nominate and confirm a successor at the bank regulator. Gruenberg lost the confidence of the president and lawmakers following an independent report documenting sexual harassment at the agency.

▪ Meet the “residents” swapping dry land for a perpetual cruise ship lifestyle: “It’s half the price of living at home.”

LEADING THE DAY

© The Associated Press / Ben Gray | In Georgia two years ago, pictured, abortion was a political issue and remains so this year in a race involving a state Supreme Court seat.

POLITICS

A Georgia state Supreme Court race is shaping up to be the latest test of the power of abortion politics as a former Democratic congressman looks to flip one of its seats. The Hill’s Caroline Vakil reports former Rep. John Barrow (D-Ga.) is running against Justice Andrew Pinson, an appointee of Gov. Brian Kemp (R), for Pinson’s spot on the state’s high court. Barrow has made abortion the focal point of his campaign, arguing the Georgia Constitution protects the right to an abortion and criticizing Pinson over the issue. But Barrow faces steep odds in taking on a sitting justice in today’s election, particularly as he fights a complaint arguing that he’s gone too far in what he can say as a judicial candidate on the issue of abortion.

“I’m running for the Supreme Court of Georgia because I believe that women today have the same rights under the state constitution that they used to have under Roe vs. Wade, before it was overturned with the help of my opponent, and that’s why I’m running and that’s why I’m running against him,” Barrow told The Hill in an interview.

Can Republicans capture a New Jersey Senate seat for the first time in more than half a century? Rep. Andy Kim (D-N.J.) is seen as the likely Democratic nominee. A possible independent run by criminally indicted former Senate Foreign Relations Committee Chair Bob Menendez (D) raises new political wrinkles during his corruption trial. Democrats worry that the senator’s name on a ballot could split the party’s vote, giving the GOP a rare opportunity to win the seat. Menendez has pleaded not guilty.

👉 In Congress, Republican election deniers are more abundant, allowing Trump’s false claims of election fraud to simmer during this election season, according to a report from States United Action released today. The group said nearly one-third of lawmakers in Congress supported in some way Trump’s bid to overturn the 2020 results or otherwise cast doubt on the reliability of elections. Other similar candidates are vying for House and Senate seats this year.

2024 ROUNDUP:

▪ Trump’s social media account prompted a stir late Monday with a posted video referencing a “unified Reich” amid imaginary headlines about the former president winning reelection. A Trump campaign spokeswoman told The Associated Press, “This was not a campaign video. It was created by a random account online and reposted by a staffer who clearly did not see the word, while the president was in court” during his Manhattan criminal trial. The German word “Reich” means empire or realm, familiar from usage during the Nazi era. Biden’s campaign denounced the video and linked it to Nazi Germany, which is associated with the Third Reich.

▪ Trump Media & Technology Group lost more than $300 million during the first quarter and generated little revenue, the owner of Truth Social announced Monday. The losses raise additional questions about the multi-billion-dollar valuation on the newly public company, which is majority owned by Trump.

▪ The Human Rights Campaign announced a $15 million strategic investment to mobilize voters in six key battleground states: Pennsylvania, Arizona, Michigan, Wisconsin, Georgia and Nevada.

▪ The House Democrats’ campaign arm outraised their Republican counterpart in April with a record $12.4 million.

▪ Hunter Biden asked an appeals court Monday to pause his federal gun trial in Delaware, set to begin June 3. … The younger Biden, during an interview with The Daily Beast, explained why he’s so fed up with Fox News that he threatened a lawsuit through his lawyer.

▪ An aide to New York City Mayor Eric Adams who served as his longtime liaison to the Turkish community has turned against him and is cooperating with the corruption investigation into the mayor and his 2021 campaign.

WHERE AND WHEN

The House will meet at noon.

The Senate will convene at 10 a.m.

The president will receive the President’s Daily Brief at 8 a.m. Biden will fly to Nashua, N.H., to speak about the benefits to veterans thus far from PACT Act at 1:30 p.m. at the Westwood Park YMCA. The president will fly to Boston for two evening fundraisers, one at 5 p.m. and another at 7:30 p.m., before returning to the White House tonight.

Vice President Harris will travel to Philadelphia to address the Service Employees International Union (SEIU) quadrennial convention at 12:05 p.m. She will return to Washington this afternoon.

Secretary of State Antony Blinken will testify to the Senate Foreign Relations Committee at 10:30 a.m. about U.S. diplomacy and global leadership. He will testify at 2:30 p.m. to the Senate Appropriations Subcommittee on State, Foreign Operations, and Related Programs about the fiscal 2025 budget. This evening, Blinken will address a State Department gathering honoring the U.S. Foreign Service.

Treasury Secretary Janet Yellen is in Frankfurt, Germany, where she met in the morning with leaders of European banking institutions to discuss macroeconomic trends. She received an honorary doctoral degree in economics from Frankfurt School of Finance and Management, followed by remarks. Yellen will hold a working lunch with German banking and private sector leaders and government officials at Commerzbank. In the afternoon, the secretary will visit German incubator TechQuartier and deliver remarks after a tour. Yellen will fly from Germany to Italy for the Group of 20 gathering of finance ministers and central bank governors.

First lady Jill Biden will speak at a political finance event in Washington at 5:45 p.m.

Second gentleman Doug Emhoff will participate in a fireside chat at 5 p.m. at Park Avenue Synagogue in New York City focused on combating antisemitism.

ZOOM IN

© The Associated Press / Peter Dejong | The International Criminal Court’s top prosecutor on Monday announced arrest warrants for Israeli and Hamas leaders for their conduct in the war in Gaza.

INTERNATIONAL

THE INTERNATIONAL CRIMINAL COURT is requesting arrest warrants for the leaders of Hamas and for Israeli Prime Minister Benjamin Netanyahu on charges of war crimes and crimes against humanity in relation to the Oct. 7 attack and the war in Gaza. ICC’s top prosecutor, Karim Khan, said he will also seek arrest warrants for Israeli Defense Minister Yoav Gallant as well as Yahya Sinwar and other Hamas leaders. While Khan’s request must still be approved by judges from the court, the announcement forms one of the harshest rebukes of Israel in its seven-month war against Hamas and also heightens scrutiny of Hamas’s actions at the start of the war in October (The New York Times).

“Today we once again underline that international law and the laws of armed conflict apply to all,” Khan said in his statement. “No foot soldier, no commander, no civilian leader — no one — can act with impunity.”

It marks the first time the ICC has sought arrest warrants against a major U.S. ally or the leader of a democratic country (Axios). The announcement is a largely symbolic gesture, as Israel is not a member of the court and does not recognize its jurisdiction. But if warrants are issued, those named could be arrested if they travel to one of the court’s 124 member nations, which does not include the U.S. Biden on Monday ripped the ICC prosecutor for seeking arrest warrants against Israeli leaders, calling the move “outrageous.” Secretary of State Antony Blinken said in a statement Monday that the U.S. does not believe the ICC has jurisdiction over the matter (The Hill).

“This decision does nothing to help, and could jeopardize, ongoing efforts to reach a ceasefire agreement that would get hostages out and surge humanitarian assistance in, which are the goals the United States continues to pursue relentlessly,” Blinken’s statement said.

▪ The Hill: Republican lawmakers on Monday renewed calls for the U.S. to impose sanctions on the ICC.

▪ The Hill: Vermont Sen. Bernie Sanders (I) on Monday defended the ICC, breaking with Senate leadership on the controversial issue.

▪ ABC News: France and Belgium released statements supporting the world’s top war crimes court’s request for arrest warrants for leaders of Israel and Hamas.

The White House on Monday offered its condolences over the death of Iranian President Ebrahim Raisi in a helicopter crash, while simultaneously criticizing his human rights record and rejecting the suggestion that U.S. sanctions on Iran played a role in the crash (The Hill).

The New York Times: Aggression or caution: The choice facing Iran’s next leaders.

ELSEWHERE

© The Associated Press / David Zalubowski | Colorado Gov. Jared Polis (D) on Friday signed a law about the use of artificial intelligence (AI) in employment and other sectors.

ARTIFICIAL INTELLIGENCE

REGULATION: Artificial intelligence (AI) continues to dominate headlines, as the rapidly evolving technology seeps into different aspects of daily life and lawmakers race to keep up with its regulation. While Congress has yet to pass any bills regulating AI, Senate Majority Leader Chuck Schumer (D-N.Y.) last week released a report with guidelines for AI regulation.

Meanwhile, Colorado will require AI developers to avoid discrimination in high-risk systems — which includes employment, education and health care, among others. Gov. Jared Polis (D) signed the law Friday, but in a letter to the Colorado Legislature encouraged lawmakers to improve upon it before it goes into effect in 2026 (The Hill and Forbes).

“This bill is among the first in the country to attempt to regulate the burgeoning artificial intelligence industry on such a scale. I appreciate the sponsors’ interest in preventing discrimination and prioritizing consumer protection as Colorado leads in this space, and I encourage them to significantly improve on this before it takes effect,” Polis wrote.

AI TECH: Microsoft announced new computers with the company’s artificial intelligence tech built directly into them over the weekend, furthering the race among tech giants to push out AI tools to the public. The announcements come after Google showed off dozens of new AI features and products, which included the biggest changes it’s made to its search engine in years (The Washington Post).

▪ Politico magazine: A political fight is brewing over who’ll benefit most from the AI revolution — and what if anything Washington should do to shape the outcome.

▪ The New York Times: See it for yourself: This is how easily AI chatbots can be taught to spew disinformation.

▪ NBC News: Actor Scarlett Johansson protested Monday in a statement describing legal action after OpenAI used an “eerily similar” voice to hers for its chatbot. She had previously turned down a request to allow use of her voice.

OPINION

■ The U.S. assembles the pieces of a possible Gaza war endgame, by David Ignatius, columnist, The Washington Post.

■ The death of Iran’s president does not bode well, by Reuel Marc Gerecht and Ray Takeyh, guest essayists, The New York Times.

THE CLOSER

© The Associated Press / AP file | Amelia Earhart, pictured in 1928 in England after flying from Wales, was awarded the Distinguished Flying Cross medal from Congress in 1932 after being the first woman to fly solo across the Atlantic. She disappeared five years later while attempting to fly around the world.

And finally … On this day in 1932, American aviator Amelia Earhart became the first woman to pilot an airplane solo across the Atlantic Ocean. She landed her plane in Ireland after traveling more than 2,000 miles from Newfoundland, Canada, in just under 15 hours (History.com).

She was awarded a Distinguished Flying Cross by Congress for her solo adventure in 1932, just 12 years after her first airplane ride. The military decoration was given to a woman for the first time for “heroism or extraordinary achievement while participating in an aerial flight.”

Five years later, the record-setting Earhart, by then a celebrity, was declared lost at sea after attempting, along with co-pilot and navigator Fred Noonan, to fly around the world. After departing from Oakland, Calif., aboard a twin-engine Lockheed 10E Electra, Earhart and Noonan disappeared near Howland Island, a refueling stop in the South Pacific, on July 2, 1937. The U.S. Coast Guard cutter Itasca picked up radio messages that she was lost and low on fuel.

Former President Franklin D. Roosevelt authorized a massive two-week search but the two pilots were never found. The radio messages were the last the world heard from Earhart, 39, although searches for wreckage and other clues have continued. High-tech sonar, deep-sea robots, trained search dogs and DNA-hunting all failed to yield clues about the Electra’s presumed crash and the fate of its pilots.

National Geographic “Overheard” podcast, March 2022: The lady vanishes (35 min. audio HERE).

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