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Tyler McBrien

@TylerMcBrien

Managing Editor, @lawfare. Writing in @washingtonpost, @TheAtlantic, @Slate, @LAReviewofBooks, @ForeignPolicy, @MotherJones, @newrepublic, and more.

calendar_today10-10-2011 06:29:17

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Necheles seizes on more inconsistencies: isn't this is a totally different story from the one you told in 2011? I believe this is about the InTouch magazine phone interview.

This has been a constant strategy in the cross—pinpoint each time Daniels' story changed, and exploit it.

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'Please allow the witness to answer,' Merchan cuts in, as Necheles peppers Daniels with question after question, each picking a different nit in her seemingly conflicting stories.

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Two differences: in 2011, Daniels said Trump personally invited her and she said yes, but later, she said it was his bodyguard and said 'fuck no.'

It was a frivolous interview, an entertaining retelling of events, Daniels says, and Necheles sees an opening: So you were lying?

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Now to another inconsistency: dinner vs no dinner.

Necheles reads Daniels' statement on Kimmel, in which she said 'I'm very food motivated,' and Daniels just giggles to herself and her food-driven actions.

But Necheles says that Daniels said she had eaten at the hotel in 2011.

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Apparently in 2011, Daniels had said 'during dinner' which she now says meant 'during dinner time,' though much to her chagrin, dinner was never served.

I would like to object to this line of questioning, because I am now getting hungry.

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We had 'dinner time' in the room but not 'dinner,' Daniels says.

Your words don't mean what you said, Necheles says bitingly.

Objection—sustained.

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Back in time again, to Daniels' method of transportation to the hotel suite: first on foot (in heels), then car, but in 2011 Daniels said only on foot.

Another seeming inconsistency, but I wonder how this is playing with the jury. Memories can be fuzzy for traumatic events.

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Necheles goes back to her dinner vs. no dinner line of attack, and Daniels repeats the same answer, this time more exhaustedly.

The defense strategy seems clear: Daniels is an unreliable witness at best—and a vindictive, money-motivated liar at worst.

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Necheles' sole reliance right now on the 2011 InTouch interview seems to suggest that it's the outlier, while Daniels' retelling of that night ever since has remained consistent.

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Tyler McBrien 2021 Cohen podcast @ 45:47: 'Q: You ended up eating dinner in the room? A: No fuck that, he still owes me dinner, I sat there for 3 and 1/2 hours and didn't even get a snack.'

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