64/ Via Emptywheel:

I don't precisely understand Kise's SOL objection. But if Trump defrauded the USG in acquiring OPO, it exposes him to other legal trouble.

re: Adam Klasfeld:
“The GSA is thrilled with the Old Post Office renovation,” Kise says, adding that the Trump Organization turned a “hulking relic” into a “world class facility.”

Engoron: “You’re starting to sound like your client.”

65/ With that, Ivanka Trump is questioned about the doc on request for proposals on redevelopment of the Old Post Office building to the D.C. hotel.

The doc showed the building's financing by Colony Capital &boasted of Trump's relationship with its founder Tom Barrack

Background:

Barrack served as Trump's inaug committee chair and was his longtime friend. Barrack was later charged with, and acquitted of, acting as a lobbyist for the UAE.

Fed jury in Brooklyn found Barrack not guilty ...

66/ Rubin:

With 1/2 hour remaining before lunch, we’re focused on Ivanka’s involvement in Old Post Office —aka Trump Internatl Hotel DC —deal, which began w presentations to federal government’s General Services Admin, which owns the property.

The AG’s lawyer is using documents to establish that in December 2011, the GSA noticed “multiple GAAP departures” in Donald Trump’s statements of financial condition, and brought those to the attention of Trump Org. representatives, including Ivanka.

67/ Rubin:

A Trump employee, David Orowitz, internally circulated a proposed response to GSA’s concerns; Ivanka does not recall that they received a “deficiency letter” to which Orowitz was trying to respond. She does remember GSA had “questions” to which they worked to get them “answers.”

🍻! 👉🏼But she doesn’t have any independent recollection of any specific questions raised by GSA in response to Trump’s statements of financial condition.

68/ MacFarlane:

Prosecutor punches out a series of questions about concerns raised by the federal government (General Services Admin) about deficiencies in Trump financial statements, as Trump sought to purchase and renovate old post office into Trump hotel

Prosecutor: “You have no recollection of working with the Trump Org people to try to respond to the deficiencies raised by the (General Services Administration)?"

“I didn’t say that,” responds Ivanka, "We endeavored to provide answers"

69/ Pagliery:

Emails show that Vrablic, Trump's personal banker at DB, was able to sweeten the deal by lowering the interest rate and loan origination fee.

Ivanka keeps saying she doesn't remember this stuff, but these are direct emails between both women.

🤢👉🏼Ivanka Trump's cool demeanor on the stand is finally starting to pay off.

AG keeps trying to use her to give docs context, but she repeatedly says it happened so long ago she doesn't remember.

70/ MacFarlane:

The questions vary.. but the theme of the responses remains the same

🍻!👉🏼It's a blend of "I don't recall" and I don't have personal knowledge of "my father's financial statements"

.........

Ivanka: "My father"

Prosecutor: "Donald J Trump"

Trump attorney Chris Kise: "President Trump"

71/ [THANK YOU for remembering to add "Not for Laffy" in replies!!]

Via Pagliery on that "cool demeanor thing:

Example: Trump won a govt bid to redevelop the Old Post Office in DC (which he famously turned into a quid pro quo castrum), even though the GSA had issues with his numbers.

AG keeps asking: You don't remember *any* issues they had with finances?

Her: Nope

[Me: "Cool" = arrogant]

72/ Klasfeld:

Parties arguing over an email from Ivanka to Kushner, which Chris Kise argues fell under spousal privilege.

Email from Jared Kushner to Ivanka Trump 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?"

[LTV=Loan to Value]

When NYAG asked why she showed such info to Kushner, Kise objects on spousal privilege grounds.

Engoron quips that's a good time for a lunch recess to consider the issue

73/ Pagliery notes:

Ivanka has managed to not answer a single question in a way that sheds any real light for the past hour. Time for a lunch break.

74/ Rubin got back to us:

We’re now on our lunch break, but before it began, Ivanka was shown a 2013 email between her and her husband, as produced by the Trump Org.

While how much of that email will ultimately be admissible is up for discussion because of spousal privilege,

if you wondered whether these two talked shop, they absolutely did. Ivanka seems to have sought and got Jared’s advice about potential sources of financing for the Old Post Office deal.

75/ Rubin:

And the implication that the AG appears to be drawing here is twofold: Only Deutsche Bank was willing to provide financing on terms even close to what the Trumps wanted—but only if they got two things they wanted:

a guaranty that Trump could cover the principal, interest, and operating income of each asset and proof that he maintained a minimum net worth of $2-3 billion, exclusive of brand value, as demonstrated by … his annual statements of financial condition.

76/ Klasfeld:

We're back.

Engoron returns to the spousal privilege issue.

"If you use a work email that's subject to being seen by other people, you waive the confidentiality."

This was a work email to a work email, the judge says.

State's counsel Louis Solomon gives another citation, which impresses Engoron. Solomon credits his "strong bench," referring to his co-counsel, for the citation.

Engoron: "Let's hear from the other strong bench."

Kise begins.

77/ [Blather, wince, repeat]

Klasfeld:

Kise argues that Jared Kushner isn't in the courtroom to invoke his privilege.

Engoron finds the communications are not privileged.

78/ Sidebar from Klasfeld:

As Trump's legal team gears up for their case next week, New York AG moves to block four of their "irrelevant" expert witnesses.

79/ [How on the nose that privileged #VankyMcDaddysGirl is asking for spousal privilege] 🎯

Perfect. #PrincessBreathyMcStepford "strides up." Doing her manufactured Model's Gait. It's all about appearances/facades/brand.

Via Alexander:

We're back from the lunch break, and everyone is in the room, except for one key person. "Let's get the witness," says Judge Arthur Engoron. Ivanka Trump, dressed in a dark suit, enters the courtroom and strides up to the witness stand.

80/ Alexander:

We are looking at emails between Ivanka and Jared Kushner. These are clearly business emails--nothing lovey dovey. "My husband was also in real estate and would have perspective for me," Ivanka testifies, adding, "It was not uncommon that I would ask my husband's perspective."

81/ Klasfeld:

Q: My question is, why did you send this to Mr. Kushner?

[Me: If you have to convince people of this, then you don't]👉🏼Ivanka: "My husband is also in real estate, and we have respect for each other."

In a Dec. 16, 2011, Trump Org's David Orowitz told Allen Weisselberg: "Ivanka wanted me to change the language in the GAAP section. She asked that I review with you."

Asked if she had any reason to believe Orowitz was inaccurate, Ivanka replies: "No."

82/ Rubin (catching up):

We’re back in session and before Ivanka returns to the stand, Judge Engoron clarified that the email between Jared and Ivanka is admissible under NY case law. Why? Because they emailed each other through work accounts.

So consider this your annual reminder from your ex-lawyer friend: Do not use your work email to communicate with your spouse! And with my advice column behind me, in walks Ivanka.

83/ Back to Klasfeld:

Deutsche Bank's Tom Sullivan sent Ivanka Trump an email on Dec. 2, 2013, with the subject line and attachment reading "Term Sheet - Old Post Office."

The attachment contained the terms on the $160 million loan amount.

They review the conditions.

84/ Rubin:

“Ivanka wanted me to change the language in the GAAP section,” wrote David Orowitz to Allen Weisselberg on Dec. 2011. She testified that she had no reason to believe he was inaccurate.

85/ Alexander:

Now the state is digging into lending documents connected to the Trump hotel in Washington, D.C. Ivanka confirms that her father personally guaranteed the loan, which provided $170 million for the redevelopment of the property.

86/ Klasfeld:

Ivanka Trump reviews a document titled "Second Amended and Restated Limited Liability Company Agreement" on the Trump Old Post Office deal from Dec. 31, 2013.

We return to the controversy over the pronunciation of "revocable," a topic upon which no issue can agree.

Ivanka, laughing, initially says "revoke-able," then uses the other pronunciation immediately after. The judge notes the pivot. [See? #PrincessBreathyMcStepford is just like you and me! She laughs!🙄]

87/ Klasfeld:

In any event, Ivanka Trump recognizes her signature on the Ivanka Trump Revocable Trust from 2016. [Me: Did she have to put on her "smart glasses" to do that?]

Ivanka Trump confirms that she received payment on the sale of the Old Post Office, but 🍻!👉🏼she doesn't recall the amount.

(Note: The state previously estimated it was at least $4 million.

Orden: Direct examination of Ivanka is over. Defense is going to cross-examine her now.

88/ Klasfeld:

Per an email, Ivanka received $4,013,024 on proceeds of the sale.

The email was sent by the company's asst VP Patrick Birney, who testified earlier in the trial.

Direct examination concludes.

Cross-examining Ivanka is attorney Jesus Suarez.

Shortly after he begins q, Engoron notes she's answered some of the q's already.

Kise notes for the record that less than a min in, defense is already getting a "hurry up."

Kise: "That is grossly unfair."

Engoron: "I disagree."😂

89/ Rubin:

NEW: Ivanka’s direct testimony is over and has been relatively placid. But that doesn’t mean there were no surprises.

The AG’s lawyer just showed Ivanka proof that despite making a personal guaranty to Deutsche Bank in connection with the Old Post Office loan, Trump then entered into an agreement with his adult kids, through which each agreed to pay him money through their revocable trusts to ensure he could meet that obligation.

90/ Alexander:

Ivanka and her two brothers each owned 7.5% of the DC hotel, and their dad owned the remaining 77.5%. Ivanka cashed out along with the others when they sold the property in May 2022. “I received a payment upon the sale of the asset,” she confirms.

91/ & Pagliery, whose style I love:

We're back from lunch
👉🏼where Ivanka did a lot more not remembering🍻!.

AG's office asks if she got $4 million from Trump sale of the Old Post Office in DC in 2022.

"That's consistent with my recollection, yes."

Finally, she remembers something!🥂

Trump's lawyers are now up. Suarez, Miami defense atty at Kise's firm, is doing the friendly cross-exam.

"What role did you have, if any, in creating statements of financial condition?"

"None that I'm aware of"

92/ Alexander:

AG's office asks if Ivanka remembers APPROXIMATELY how much she received from sale of DC hotel. She responds that she does not remember the EXACT amount. The judge notes that she wasn’t asked about the EXACT amount.

The lawyer with the AG's office doesn't want to waste time pinning Ivanka down on her recollection though. After all, he has receipts. He pulls up a document indicating she received $4 million. "That's consistent with my recollection," Ivanka concedes.

93/ Rubin:

On cross examination, Jesus Suarez is hammering at a theme: Deutsche Bank wanted to make money, and the favorable loan terms they extended to Trump were part and parcel of an overall strategy to make money from their relationship with the Trumps. Not only did DB offer them other investment opportunities or banking services, but seemed to have believed publicity from the Trump relationship would benefit the bank.

94/ MacFarlane:

The questions and Ivanka's answers discuss how the bank celebrated its relationship w/ Trump Organization

Ivanka is leaning into a lengthy answer about how pleased Deutsche Bank was with the Trump Organization... and its pursuit of future business w/ Trump Org.

She calls one meeting with the bank.. a "bit of a sales call" by bank reps

95/ Klasfeld:

Suarez shows Ivanka Trump a letter from Deutsche's former CEO Anshu Jain to her father, dated March 14, 2013.

Then-Deutsche CEO to Donald J. Trump:

"Dear Donald,

Great to meet you for lunch last week. It was a pleasure to see your delight in the buildout of your family holdings and your justified pride in having your children in the business." [Me: Puh-leeze. His pride is USING his children FOR the business/$$]

96/ MacFarlane:

Trump attorney Qs: "Was there competition within Duetsche Bank for your family's business?"

"Did (bank) court your family's business?"

"Were other business sectors inside the bank also courting your business?"

Donald Trump has long argued: the banks made out fine

97/ 😏 Rubin:

Given how little she recalled about the terms of the related loans, Ivanka’s recollection of the beginning of her involvement in the multi-year, multi-million-dollar Doral acquisition and renovation strikes me as oddly extensive.

98/ Klasfeld:

Asked about her role in the Doral sale, Ivanka recalled the "very inconvenient timing" of a phone call she received about the sale:

She was "in the hospital, or I was about to be in the hospital" with her first child, she testified.

[Me: Wait... #PrincessBreathyMcStepford suddenly remembers details.. ?]

99/ Klasfeld:

Ivanka on the Doral: "My father had deep and nostalgic love for that particular property."

His father had taken him there on a golf trip.

"He had a lot of sentimental affection for the property and a strong feeling that it wasn't living up to its potential, physically."

[Me: As opposed to... mentally?]

100/ [Me: How very touching. How sincere. How family-oriented and Floridian of her 🙄🤢]

Klasfeld:

Ivanka Trump says her father focused on the golf, and she focused on the resort itself.

It's something she feels "very proud of," she says, adding that's especially true now that she's a Florida resident.

[Me: Daddy Dearest can't focus on ANYthing. He simply cheated at golf as he used his kids to defraud everyone for him]

101/ Klasfeld:

Deutsche's Vrablic to Ivanka Trump on March 8, 2013, regarding the Doral:

"I am SO glad we got to see you and have you show us the new rooms. They look amazing! I have had a wonderful time here and it is really impressive to see what you have accomplished so quickly."

[Me: Amazing! Wow! Look at YOU! You're SUCH a talented crime family!]

Afternoon recess: 15 minutes