| 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鈥檚 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.
鈥淗e is effectively a witness for the government at this trial as a hearsay declarant,鈥� Bove says.
He says the agreement is being offered to impeach Weisselberg in absentia, to show his supposed bias in Trump鈥檚 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鈥檛 testifying, namely, because his interests are aligned with Trump鈥檚.
鈥淎nd this agreement helps to point that out,鈥� 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.
鈥淲e鈥檙e kinda jumping the gun,鈥� Justice Merchan says. 鈥淲e want to explain why he鈥檚 not here without making efforts to compel his appearance?鈥�
The judge suggests calling Weisselberg to the stand outside the presence of the jury to determine if he would testify or refuse.
鈥淲e鈥檙e not creating any [new] procedure,鈥� Justice Merchan says. 鈥淭his is done, I鈥檝e had people put on the stand from jail. Some testify, some refuse.鈥�
Justice Merchan says they鈥檒l revisit the matter next week.