| 01:59:48 PM
Before breaking for the day, Trump counsel Emil Bove gets up to argue that prosecutors should be precluded from introducing the severance agreement between the Trump Organization and Weisselberg, who’s currently incarcerated in Rikers Island after pleading guilty to perjury and previously did a months-long stretch after copping to tax fraud in a separate case.
The separation agreement states in part that unless Weisselberg is subpoenaed, he won't voluntarily cooperate or communicate with any entity with "adverse claims" against the Trump Organization and its principals.
Bove tells Justice Merchan that absent Weisselberg taking the stand, the severance agreement should be precluded.
“He is effectively a witness for the government at this trial as a hearsay declarant,” Bove says.
He says the agreement is being offered to impeach Weisselberg in absentia, to show his supposed bias in Trump’s favor without putting him on the stand.
Prosecutor Chris Conroy argues that in light of the discussion of Weisselberg at this trial, the government is seeking to explain to the jury why he isn’t testifying, namely, because his interests are aligned with Trump’s.
“And this agreement helps to point that out,” Conroy says.
He also offers to stipulate that Weisselberg is currently in jail for perjury -- drawing some muffled laughter in the courtroom -- but Bove rejects the idea.
“We’re kinda jumping the gun,” Justice Merchan says. “We want to explain why he’s not here without making efforts to compel his appearance?”
The judge suggests calling Weisselberg to the stand outside the presence of the jury to determine if he would testify or refuse.
“We’re not creating any [new] procedure,” Justice Merchan says. “This is done, I’ve had people put on the stand from jail. Some testify, some refuse.”
Justice Merchan says they’ll revisit the matter next week.