It's curious that David Pecker would be recalled to testify a second time before the hush money grand jury. Robert Costello's testimony could explain why. (via Deadline: Legal Blog)
that Cohen acted on his own to make the payment, without Trump. It struck me as a somewhat strange point at the time, because even if it’s true, it doesn’t necessarily negate a charge of falsifying business records, if in fact that’s a charge prosecutors are seeking. That’s because such a charge wouldn’t have to hinge on the motive for making the payment but rather the cover-up. So Trump’s knowledge ahead of time is arguably beside the point, at least for that charge.
Yet, to the extent that the grand jurors are assessing Costello’s credibility generally, they might want to hear from Pecker about whether he has additional testimony that directly contradicts Costello’s. One would imagine that Pecker’s direct knowledge of Trump’s role would have been brought before the grand jury the first time he testified. But it’s possible that Costello’s testimony raised specific questions that required recalling Pecker.
Before voting on charges, grand jurors are able to ask questions that they didn’t think of when a certain witness was before them, so it’s also possible that Pecker’s appearance wasn’t directly related to Costello but rather was prompted by a question about how prosecutors seek to prove a certain charge, whether it’s a charge of falsifying business records or something else that required additional testimony from Pecker to understand.Jordan Rubin is the Deadline: Legal Blog writer.
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