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By Matthew Russell Lee, Patreon Maxwell book
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SDNY COURTHOUSE, Oct 13 – The trial of Nikola founder Trevor Milton for wire and securities fraud moved, on October 3 through the direct to the cross examination of the Harvard defense witness, at $1250 an hour. Inner City Press was there, and live tweeted - until, after the end of the tiral day, it emerged that Trevor Milton's lead counsel Marc Mukasey has tested positive for COVID and "cannot enter the courthouse."

Then, past 5 pm, this:

Judge Ramos: Unfortunately one of the members of the defense team has had a medical issue which will require us to in some fashion postpone the presentation of evidence and summations. I have spoke with both sides and we agree is to adjourn trial until next Tuesday.

Earlier thread.

On October 13, the trial resumed with the US closing argument, thread here.

Then, the defense summation by Marc Mukasey, thread here - followed by the US rebuttal by AUSA Matthew Podolsky, thread here:

OK - now US rebuttal, by AUSA Podolsky.

AUSA Podolsky: Mr. Mukasey gave an impassioned argument for his client. But some did not relate to what happened in this trial. He said no one said Milton lied or was dishonest. But you sat through the trial...

AUSA Podolsky: It was false when the defendant claimed that the Nikola 1 truck worked. It was not true. It was false that they had binding contracts. False. It was false, what the defendant said about hydrogen and about the Badget pickup truck.

AUSA Podolsky: Mr Mukasey did something unfair, he tried to put it on you, that Mr Milton's fate is in your hands for a few tweets. But Milton set up a whole unveiling for a truck that didn't work. Rolling down the hill and filming it- was that an accident? 

AUSA Podolsky: If your kid told you, I got an A and it turned out to be false and he said, I had a PLAN to get an A, wouldn't it still be a lie? [AUSAs Estes and Roos are smiling at the line, Team Milton in first row of the gallery less so]

AUSA Podolsky: Imagine how hard it is to be Elizabeth Freitheim. You hear your boss lying on a podcast. It would be easy to let it go. But she came and testified. Because the defendant is lying.  AUSA Podolsky: No one has to warn you. It's no a defense. It's the robber blaming the guard -- Milton's lawyer (Bondi?) Objection! Apparently overruled, because Podolsky continues: The robber blames the guard for not stopping him.

AUSA Podolsky: You don't have to decide if Peter Hicks is a good businessman. Just, did Trevor Milton lie to him. .. They are saying investors should have called Nikola and asked, Is your CEO lying?

 AUSA Podolsky: It doesn't matter whether or not Milton loved Nikola. If he lied, he lied. At the end of the day you've heard all sort of defense, but you've heard the evidence. He is guilty.

Judge Ramos: Thank you. Our day is concluded.

The case is US v. Milton, 21-cr-478 (Ramos)

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