Former President Donald Trump’s historic criminal trial is now in its third week of proceedings.
Trump is facing 34 criminal counts related to his alleged efforts to conceal $130,000 in hush money paid in 2016 to silence allegations of an extramarital affair with adult film actor Stormy Daniels. Daniels is expected to testify in the trial, as is Michael Cohen, Trump’s former personal attorney, who previously served jail time for his role in facilitating the payment.
Last week, the jury heard from former National Enquirer publisher David Pecker, who testified about conversations he had with Cohen regarding the Daniels payment. He also detailed his publication’s efforts to “catch and kill” unflattering stories about Trump, including allegations by former Playboy model Karen McDougal that she had an affair with Trump from 2006 to 2007.
Trump is represented by a team of defense attorneys led by Todd Blanche and Susan Necheles. Manhattan District Attorney Alvin Bragg, who brought the charges against Trump, selected Susan Hoffinger and Joshua Steinglass to lead the prosecution.
Judge Juan Merchan is presiding over the Manhattan trial.
Follow live updates from the trial:
Here's What Happened On Day 11
- Hope Hicks took the witness stand nervously on Friday, holding herself together for direct examination before breaking down in tears when an attorney for Trump began cross-examination.
- Hicks had no political experience when Trump tapped her to serve as his spokesperson during his 2016 presidential run. In a baptism by fire, she helped guide his campaign through the “Access Hollywood” tape’s release and a series of Wall Street Journal stories about alleged hush money payments.
- “Obviously, I was a little shocked,” she said about seeing Trump’s “Access Hollywood” comments for the first time. But she recalled Trump saying it was “pretty standard stuff.”
- Hicks also recalled issuing denials on behalf of Trump.
- She testified that Trump was concerned about the affair stories’ effect on his family, and prevented the newspapers from being delivered to his home.
- We started the day with a forensic analyst from Bragg’s office back on the stand to talk about the data he recovered from Cohen’s phones, while the defense suggested his retrieval practices were less than trustworthy.
- The next witness was a paralegal who had the unfortunate task of reading through thousands of Trump’s social media posts and articles written about him. Jurors read through some of Trump’s rage tweets — including one in which he called Daniels "horseface.”
Trump Complains About The Cost Of Lawyers On Way Out
“The radical left — they’ve been after us for years, and they’ve screwing with people’s lives,” he said, without clarifying who else he was including in the statement. “They’ve gone out and hired lawyers, they’ve been with lawyers for years, being sucked dry.”
He called the district attorney's office “vicious, vicious radical left lunatics."
"So I just want to wish everybody a very good weekend. I was very interested in what took place today," Trump said.
He added: "Our country is going to hell."
Donald Trump Leaves The Courtroom
Court Adjourned For The Week
Judge Declines To Let Prosecution Tell Jury About Trump’s Gag Order Violations
Jury Leaves For The Day
Hope Hicks Finished As Witness
Trump Wanted His Family ‘To Be Proud Of Him,’ Emotional Hope Hicks Says
“Parts of this...were very personal to him?” Bove asks.
Hicks, seemingly somewhat emotional again, says yes: “I don’t think he wanted anyone in his family to be hurt or embarrassed by anything that was happening on the campaign. He wanted them to be proud of him.”
Bove then concludes his questioning.
Trump Team Tries To Put ‘Access Hollywood’ Response In Softer Light
“I know that that was weighing on him,” she says.
Hope Hicks Speaks Fondly Of Donald Trump’s Media Savvy, Campaign
“I’ve only been on one campaign, but it was a great one,” she said.
Earlier, she affirmed that she’s here because her testimony was subpoenaed. (She also noted earlier she's paying for her own counsel.)
Trump Team Asks For More Detail On Hope Hicks’ Trump Org Work – And Michael Cohen
Cohen “wasn’t looped in on the day-to-day strategy” of the campaign, Hicks recalls – but he did try to insert himself into the campaign, including by doing TV appearances in which he advocated for Trump. Hicks affirms that Cohen was speaking as an employee of the Trump Organization – he still worked there in 2015 and 2016, Hicks affirms – as a surrogate for the Trump campaign.
At times, in Boves’ words, Cohen “went rogue.” Hicks agrees: Cohen, she recalls, called himself “Mr. Fixer” – a reference to helping put out various fires on the campaign trail.
But, she adds, “that’s only because he broke it.”
Hope Hicks Broke Down In Court After Recounting A Donald Trump Lie
But Hicks' breakdown came immediately after she described Trump lying to her in detail about Cohen, supposedly out of generosity and loyalty, paying off a pornstar for her silence.
The jury is now back and Bove is questioning Hicks.
Trump, meanwhile, is looking on stone-faced.
Donald Trump Told Hope Hicks That Michael Cohen Paid Stormy Daniels Off ‘Out Of The Kindness Of His Own Heart’
Hicks recalled a conversation with Trump on how to respond to the story. And afterward, she recalled, she spoke to Cohen. A White House official – Hicks recalled it was Hogan Gidley, a spokesperson – told the Journal: “These are old, recycled reports, which were published and strongly denied prior to the election.”
Notably, Hicks recalled a conversation with Trump in which Trump told her, in Hicks’ words, that Trump had spoken to Cohen, and that Cohen told Trump he’d paid Daniels “to protect him from a false allegation, and that Michael felt it was his job to protect him [Trump] and that’s what he was doing, and he did it out of the kindness of his own heart.”
Upon questioning from Colangelo, Hicks said such an action “would be out of character for Michael” because “I didn’t know Michael to be an especially charitable person, or selfless person– the kind of person who seeks credit.”
Trump, she recalled, told her that “he was appreciative of the loyalty” from Cohen.
Hicks also recalled Trump wanting to know “how it was playing,” a reference to the denial.
“I think Mr. Trump’s opinion was that it was better to be dealing with it now, and that it would have been bad to have that story come out before the election,” Hicks recalled.
She specified that Trump asked about “my thoughts and opinion on this story versus having a different kind of story before the campaign.”
We Are Taking A Break After Hope Hicks Began Crying
Text Shows Trump Asked If Hope Hicks Called David Pecker
After McDougal did an interview with Anderson Cooper, Hicks recalls, Hicks spoke with Trump about the interview – but she stresses that she did not speak at the time with Pecker.
Here Are Melania Trump's Alleged Texts After The Release Of The 'Access Hollywood' Tape
“It’s an unconventional marriage,” Wolkoff said.
Hope Hicks Recounts Her White House Work
Hope Hicks: David Pecker, Donald Trump Spoke On Phone After Karen McDougal Story Broke
Asked by Colangelo, Hicks explains how Trump was concerned about the article’s potential affect on his campaign – and his wife Melania’s reaction to the story.
Texts Between Michael Cohen, Hope Hicks Show Them Monitoring Fallout Of Karen McDougal Story
“I dot [sic] see it getting much play,” Cohen told Hicks – prompting her to laugh while reading it out loud in court at the irony of how much coverage it ultimately received.
“So far I see only 6 stories,” Cohen wrote to Hicks. “Getting little to no traction.”
Hicks wrote to Cohen: "Keep praying!! It’s working!”
Cohen then says that if needed, “I have statement by Storm denying everything and contradicting the other porn stars statement.”
At the time, Hicks recalls, she didn't have the "context" necessary to understand what Cohen meant when he said he had a "statement" from Daniels.
Hope Hicks Recounts Denials Of Affair To Newspaper
“I see what I said, I’m not saying it didn’t happen,” Hicks says. She recalls Trump stating the denial, but says she doesn't want to say “definitively” that Trump instructed her to say something specific.
The same article discusses Daniels' claim of an affair with Trump. This time, Hicks is unequivocal: Trump told her to deny the affair.
Hope Hicks Is Back On The Witness Stand
Trump Reenters Courtroom As Trial Resumes For The Afternoon
Trial Breaks For Lunch
Hope Hicks Describes Reaction To Karen McDougal Story
Separately, Hicks describes calling Cohen about what he knew about the story – then calling David Pecker after Cohen “sort of feigned like he didn’t know what I was talking about.” Pecker, she recalls, told her that the money given to McDougal wasn’t hush money, but rather, that “McDougal was paid for magazine covers and fitness columns, and that it was all very legitimate, and that that was what the contract was for.”
Eventually, Hicks recalls, she learned that Stormy Daniels would be included in the Journal's story as well. As she recounted that detail, Trump fidgeted with his tie.
Hope Hicks Describes Learning About Karen McDougal Affair Story Bought By AMI
Hicks describes asking Jared Kushner, Trump's son-in-law and key adviser, about potentially reaching out to Rupert Murdoch about buying more time to respond to the story, but that Kushner said they should simply deal with the story, and that they might not be able to reach Murdoch.
"We obviously didn't know anything about it," Hicks recalls, saying she called David Pecker's office.
Trump Was Wary Of Political Fallout Of Allegations, Prosecutor Establishes
As expected, Colangelo is now questioning Hicks about how she found out about Karen McDougal and Stormy Daniels, to whom Trump allegedly paid hush money.
Anderson Cooper In Courtroom – And Testimony
Hope Hicks Describes Political Fallout Of 'Access Hollywood'Story
Prosecution Zeroes In On Trump Separating Words And Actions
Trump Thought ‘Access Hollywood’ Dialogue Was ‘Pretty Standard Stuff,’ Hope Hicks Recalls
Only later, Hicks recalls, did Trump release a more apologetic video, speaking straight to camera. The prosecution just played that apology video.
‘This Was A Crisis,’ Hope Hicks Says Of 'Access Hollywood' Tape
“I had a good sense this was going to be a massive story, and dominate the news cycle.
It was a damaging development,” she said. “It just didn’t feel like the kind of story that – it obviously wasn’t helpful, but there were a lot of layers to it that complicated where we were trying to go to the campaign, and this was pulling us backwards in a way that was hard to overcome.”
She added: “I think there was consensus amongst us all that the tape was damaging and this was a crisis.”
Hope Hicks Describes Trump’s Rection To ‘Access Hollywood’ Story
“I motioned for Jason and a couple of people I’d sent the email to to come out and speak with me... to not interrupt the debate prep,” she said.
The sight of the group gathering “was a sign that something was afoot, and Mr. Trump asked us to come into the conference room at some point" to discuss what was happening.
Hicks said she “verbally” described the Post’s email, and how she was trying to get a copy of the tape’s audio “to assess the situation further.”
She started reading the transcript, and Trump finished reading it himself, she recalled.
“He said that that didn’t sound like something that he would say,” she recalled, describing Trump’s reaction.
Was Mr. Trump upset? Colangelo asked.
“Umm... yes, yeah, he was,” Hicks recalled, saying she was “stunned” herself.
Hope Hicks Walks Through Reporter’s Email On 'URGENT' Story About 'Access Hollywood' Tape
Hicks describes the email as relating a story about an “inappropriate conversation about a woman.” Now, she’s silently reading through a transcript of the tape as included in the email, confirming she’s heard the tape and that the transcript matches.
What was Hicks’ reaction to the email revealing the existence of the tape?
“I was concerned, very concerned ... about the contents of the email, about the lack of time to respond, that we had a transcript and not a tape – there was a lot at play,” she says, before describing how she forwarded the message to others in the campaign.
“FLAGGING,” the email forward says, before two lines:
“Need to hear the tape to be sure”
“Deny, deny, deny.”
“It’s a reflex. Obviously, I was a little shocked,” she said. She explains she didn’t realize the entire transcript was included in the email.
She says the group discussing the Post story included David Bossie, Jason Miller, KellyAnne Conway and Steve Bannon.
Hope Hicks Recalls Finding Out About ‘Access Hollywood’ Tape
Hope Hicks Describes Trump, David Pecker’s Relationship
Recounting one conversation between Trump and Pecker, concerning a story about Ben Carson and malpractice, Hicks recalls Trump saying something like “This is Pulitzer-worthy!” That drew chuckles from the reporters in the room.
She recalled another call between the pair, about an article on Ted Cruz. She described Pecker and Trump as “friends.”
Hope Hicks’ Long History With Trump Clan
Hicks was around to witness some of the Trump administration’s most consequential scandals. According to The Washington Post, Donald Trump Jr. made a telling offhand remark shortly after his father won the presidency: "I hope we don't ruin Hope."
Hicks ended up being interviewed multiple times by special counsel Robert Mueller while he was investigating Russian meddling in the 2016 election and Trump’s efforts to hamper the probe. As Trump embarked on his increasingly desperate efforts to cling to power in the wake of his 2020 election loss, Hicks said in previous testimony given to a House investigatory committee that she was becoming concerned about Trump’s legacy. She said he told her, "Nobody will care about my legacy if I lose. So, that won't matter. The only thing that matters is winning."
During the Jan. 6, 2021, attack on the Capitol, Hicks reportedly tried to convince Trump to step in and say something to stop his supporters from ransacking the building, to little effect. She angrily texted Ivanka Trump’s chief of staff that day that Trump had “ended every future opportunity” for people in his administration “that doesn't include speaking engagements at the local Proud Boys chapter.”
"We all look like domestic terrorists now,” Hicks texted.
Prosecution Emphasizes Trump’s Involvement In Press Strategy
“He deserves the credit for the different messages that the campaign focused on in terms of the agenda that he put forth," she said.
Hope Hicks Describes Getting Involved In Trump Campaign
Hicks describes “a lot of incoming” during the campaign – “a lot of questions about his businesses. It was kind of a constant flow of incoming questions, so I managed all of those and tried to respond to everybody in a timely manner with accurate information.”
At this point, she says, “it was just me and Mr. Trump, who’s better than anybody at communications and branding.” Eventually, she says, they established a larger communications staff.
Hope Hicks Describes Various Trump Org Players
Keith Schiller: “Trump’s bodyguard,” Hicks answers, who would attend events with us and served as a security liaison.
Rhona Graff: Trump’s executive assistant who was ”crucial to how everything ran on the 26th floor,” meaning the floor in Trump Tower where Trump’s office was, and where Graff’s office was. Graff, Hicks says, knew Trump’s likes and dislikes and helped with scheduling and media. Trump and Graff’s relationship was one of “mutual respect,” she said.
Allen Weisselberg: The Trump Organization CFO who worked on anything to do with finances, including Trump’s required financial disclosure as s presidential candidate.
Michael Cohen: Trump’s former fixer, at the heart of the case. (HuffPost's words, not Hicks'.) Hicks describes Cohen's role as “an attorney.” What did he do? Colangelo asked. Hicks says she doesn’t know specifically, “other than I know he was involved in a couple of the license deals for some of the hotel projects, and maybe some of the entertainment pieces as well, like the Miss Universe Pageant.”
Hicks Describes Trump Work Ethic, Daily Conversations
Hicks Seems Stunned By Criminal Trial Setting
Hicks Describes Relationship With Trump
Hope Hicks Enters Courtroom
"I'm really nervous," Hicks said, after being prompted to speak louder while introducing her educational background.
Hope Hicks Announced As Next Witness
She has not yet entered the courtroom.
The courtroom notably perked up at the mention of Hicks' name – she's a well-known witness who was part of Trump's life for years, including the years at the heart of this trial.
Defense Drills Down On Paralegal’s Lack Of ‘Expertise’ With Twitter Metadata
Paralegal Describes Reviewing Cohen’s Tweets, Podcasts
Jurors Shown Trump Post Attacking ‘Horseface’ Stormy Daniels
“No further questions,” Rebecca Mangold, an assistant district attorney, says after Longstreet finishes reading the posts.
Prosecution Shows Jury Trump's Social Media Posts Raging Over 'Access Hollywood' Fallout
In another, Trump says, “Nothing ever happened with any of these women. Totally made up nonsense to steal the election.” And in another tweet, he bemoans losing the support of “large numbers of women voters based on made up events THAT NEVER HAPPENED. Media rigging election!”
Prosecutors Play Trump 'Access Hollywood' Apology Tape
In the recorded video, he calls the tape a "distraction" that depicts him saying "foolish things." Another bizarre moment in this trial.
Jury Back, The Trial Continues
Judge Says He’s ‘Satisfied’ With Reliability Of Social Media Post Exhibits
Prosecutors say they’ll withdraw their request to enter the Post story — perhaps they will simply describe the article — but they stick with various exhibits showing Twitter and Social media posts.
Given the testimony of Longstreet, the paralegal, the judge says that for purposes of this discussion and each individual exhibit, “I’m satisfied that it’s reliable” — a reference to Longstreet’s work logging the various posts. He allows those exhibits.
Trump, The Defendant, Glances Around Courtroom During Break
I just made a few seconds of eye contact with the former president – or maybe he was staring at CNN's Anderson Cooper, who’s sitting a row in front of me and, fittingly, reading a paper copy of the Wall Street Journal’s “Mansion” section.
During Jury Break, Defense Speaks With Trump About Hearsay Objections
The courtroom is now about half empty as members of the audience take bathroom breaks.
Paralegal Describes Using ‘Wayback Machine’ To Retrieve Evidence
Paralegal Describes How Twitter Works, And Talks Trump’s Account
Back in 2016, she says, “verified” Twitter users were politicians, celebrities, or others of “prominent social status.” (Now, people can just buy the status, she says.) She affirms verifying Trump’s Twitter activity by checking against the National Archives.
She's going through the same questioning with regard to Truth Social, the right-wing Twitter clone that's now Trump's online home.
Paralegal Describes Reviewing Thousands Of Posts, Articles For Trump Case
Prosecutors Call A New Witness: A District Attorney Paralegal
No Evidence Of Tampering With Audio Recording, Witness Affirms
When Conroy asked Daus if there was “evidence of tampering or any manipulation” of the recording, Trump’s team objected and asked for a sidebar with the judge.
Merchan overruled the objection and Daus said he saw no evidence of tampering with the recording – and repeated the answer when asked if there was evidence of tampering with any of the prosecution’s evidence: “No.”
Prosecutor Minimizes Importance Of How Cohen Used His Phone
“No,” Daus said.
Conroy noted that the defense just went over several recordings on Cohen’s phone that aren’t related to the trial. “Is it unusual for a phone to be used to make recordings?” Conroy asks. “No,” Daus says again.
Defense Tries To Establish Doubt About Cohen’s Phone
Bove pressed on the details of the laptop and phone’s activity over the years, including the phone being turned on and off repeatedly. The activity raises “questions about how this phone was handled,” he says. Such activity would “have to be taken into account,” Daus says.
After Daus agrees that we’re basically taking Cohen’s word for what happened over the years with his phone, Bove ends his questioning.
Trump Attorney Brings Up Cohen-Trump Call, Transcript
Bove also confirms that Daus wasn’t able to do any forensic analysis on a potential call interrupting the recording under discussion; the last 46 seconds of the file were cut off.
“If that recording was modified or edited at some point later,” Bove says, then time stamps would reflect as much.
“The file shows the same metadata information as the time,” Daus says. Bove moves to strike the testimony, but Merchan overrules him. Bove tries again, asking if there’s any sign the recording has been modified — no, Daus says, just a timestamp showing when it was created.
Evidence Tech Describes Cohen Syncing His Phone
“There was some kind of sync where Mr. Cohen plugged the phone into his laptop” and it transferred some files onto the laptop? Bove asks. Daus says that Cohen was bringing an iTunes backup onto the phone, saying “an entire backup happened.”
Defense Questions Evidence Tech On Cohen Phone
He discusses a “gap” in custody of the phone, detailing the spaces for witnesses’ names on an evidence custody form, and going over a Signal app that was on Cohen’s phone. He noted that the app allows users to set messages to self-delete — ”there appears to be a self-destruct timer” set to seven seconds on one conversation, Daus says.
Bove brings up another app, “Dust,” on Cohen’s phone, another messaging app with a function allowing users to delete messages automatically.
Trump Dons Trial Blues
Witness Is Manhattan DA Evidence Analyst Again
The Jury Is Here
Trump Says Judge Wants ‘Salacious’ Trial
“He wants to make it a nice salacious case, try to hurt Trump,” he said. “He’s allowing things in that have nothing to do with this case, nothing to do with it.”
“But nothing for us. He gives everything to the corrupt D.A. You have a corrupt D.A. who’s not doing his job. New York City is a violent city, it’s become violent with the cashless bail. I’m the only one who has to put up bail.” (Trump has had to put up bond money for his civil cases after juries found him liable for defamation and fraud.)
Both Sides Argue Over ‘Access Hollywood’ Tape As Evidence
Judge Merchan, describing it as “powerful evidence,” said the prosecution could include a transcript of the tape, but not Trump’s face or voice: “I don’t want those words to be associated with Mr. Trump’s face or his voice,” the judge said.
Both sides then went back and forth over how to establish the date and time that the tape was made made public – either through an archived screenshot of news coverage or verbally, via a witness.
Both sides are now conferring with the judge.
Judge Tells Trump: You Have ‘Absolute Right’ To Testify
Trump falsely said yesterday that he’d been prohibited by the judge from testifying. Merchan says Trump is not prohibited from doing so “in any way,” and that the order “only applies to extrajudicial statements.”
The Eleventh Day Of Trump’s Hush Money Trial Has Begun
Trump Has Entered The Courtroom
Welcome To Day 11 Of Trump's Trial
- Court began at 9:30 a.m. ET. Doug Daus, a senior forensic analyst at the Manhattan DA’s office, was set to continue his testimony on his office's procedures for preserving data.
- Court will wrap up a little earlier than usual today at 3:45 p.m., due to a juror's schedule.
Day 10 Is A Wrap. Here’s What Happened.
- Keith Davidson wrapped up his testimony. The lawyer negotiated Daniels’ and McDougal’s hush money agreements and spoke at length about the inner workings of his dealings with Trump fixer Michael Cohen.
- Prosecutors say Trump violated his gag order four more times, leading Trump attorney Todd Blanche to enter into the record Cohen’s nickname for Trump, “Von ShitzinPants.” Blanche was attempting to argue that Trump should be allowed to respond in kind.
- Doug Daus, a senior forensic analyst at the Manhattan DA’s office, took the stand to testify about the office’s procedures for handling and preserving data.
- Trump tried to swat back at the numerous reports he’s fallen asleep during the trial, posting on social media over the lunch break, “I don’t fall asleep … I simply close my beautiful blue eyes, sometimes.”
Trump Team Casts Doubt On Phone Data
“There’s room for user error in the acquisition process, right?” Bove asked. Daus says yes.
Another Secret Conversation Played In Court — This Time With Trump
Cohen then told Trump he needs to “open up a company for the transfer of all of that info regarding our friend David,” referring to David Pecker, the head of AMI and the National Enquirer who agreed to help Trump with his 2016 campaign.
“I’ve spoken to Allen Weisselberg about how to set the whole thing up” regarding “financing,” Cohen said in the recording. Trump told him to pay cash.
Michael Cohen Had Almost 40,000 Contacts In His Phone
Daus, the IT expert, said that he found a whopping 39,745 contacts on the first phone — a highly unusual amount. Usually he saw “hundreds” of entries, maybe up to 1,000. Some of the names listed: Rona Graff, Hope Hicks, Gary Farro and Melania Trump.
The second phone had a much more reasonable 385 contacts.
A New Witness Is Up: An IT Guy
He is talking about what kind of data can be extracted from digital devices — texts, contact lists, calendar entries, emails, audio files and more.
Michael Cohen’s Secret Tape Played For Jurors
“And what would you do if you were me?” Cohen said in the recording, sounding exasperated.
“I can’t even imagine,” Davidson replied.
Cohen went on: “I mean, would you write a book? Would you break away from the entire Trump — we’ll call it — ‘doctrine’? Would you go completely rogue? Would you join with [Steve] Bannon? Any — any thoughts? Because it’s not just me that’s now being affected. It’s my entire family and there’s no … nobody’s thinking about Michael.”
“Who else would do that for somebody? Who else?” Cohen asked, apparently speaking about the Daniels payment, which Cohen handled before being reimbursed months later. “I did because I care about the guy … and I’m saying to myself, ‘What about me? What about me?’”
“Even if you wanted to write a book, you probably couldn’t,” Davidson told Cohen, referencing the attorney-client privilege Cohen shared with Trump.
“Nah, I could. I could,” Cohen responded. Murmurs in the gallery.
Cohen also said he "couldn't even tell you how many times" Trump had told him "I hate that we did it," which Davidson took to mean the Daniels payment.
Now that prosecutors played their clip of choice from the conversation, Trump's team has their clip played, so the jury can hear Davidson use phrases like "leverage" that potentially cast doubt on his credibility.
Gag Order Hearing Gets “Von ShitzInPantz” Entered Into Court Record As Trump Nickname
Trump attorney Todd Blanche argued that Trump should be able to defend himself from perceived attacks, even if they’re made by witnesses in the case.
He then shared a series of taunting tweets from Michael Cohen, saying it’s unfair Trump can’t respond in kind.
Several of the tweets employed Cohen’s nickname for Trump, “VonShitzinPantz,” which Blanche read aloud for the court. Another included a photoshopped image of Trump as a pudgy superhero named “SUPER VICTIM” that drew laughs from the courtroom.
“Everyone can say what they want in this case except President Trump,” Blanche argued. Not buying the argument, Merchan fired back: “They’re not defendants in this case, that’s a very significant issue you’re overlooking.”
Donald Trump Confers With Lawyers Over Quick Break
Testy Testimony Over Stormy Daniels' Lawyer's Use Of The Word ‘Leverage’
“You used the word ‘leverage,’ correct?” Bove asks.
“Yes,” Davidson responds.
“And that was Ms. Daniels’ goal, was it not, to create leverage over President Trump?”
“No.”
Davidson stressed that he was speaking two years after coordinating Daniels’ hush money agreement, when she’d heard that a third party was willing to potentially give her the $1 million she would need to breach her contract.
Donald Trump Says He’s Not Sleeping In Court, Just Resting His ‘Big Beautiful Blue Eyes’
“Contrary to the FAKE NEWS MEDIA, I don’t fall asleep during the Crooked D.A.’s Witch Hunt, especially not today,” Trump wrote on Truth Social. “I simply close my beautiful blue eyes, sometimes, listen intensely, and take it ALL in!!!”
Stormy Daniels' Former Attorney Keith Davidson Is Back On The Stand
“He sent me a non-paying client,” Davidson said of Cohen.
Davidson pushed back on the suggestion that he worked "together" with Cohen, but accepted the phrasing that he interacted professionally with Cohen.
Judge Juan Merchan Advises Donald Trump On Gag Order
“I think the best advice you can give your client is if there’s any doubt, steer clear,” Merchan said. “I think if in doubt, steer clear. That’s all I can say.”
A Break For Lunch
Bove has been trying generally to discredit Davidson by questioning his memory and ethics. Davidson at one point responded by saying he’s had a lot of clients —more than 1,500 — in his career.
Exchange With Trump Attorney Gets Spicy
“Look, we’re both lawyers. I’m not here to play lawyer games with you,” Bove told Davidson at one point.
“If you’re not here to play legal games, then don’t say ‘extract,’” Davidson told him.
At another point, Davidson told Bove, “You are getting truthful answers … sir.”
Trump Attorney Hones In On ‘Extortion’ Suggestion
“Extortion is the obtaining of property by threat or fear of force,” Davidson replied.
When Bove asks Davidson whether he thought he was particularly good at getting close “to the line” without actually committing extortion, Davidson replied that he did not understand the question. Bove rephrased it.
“I did everything I could to make sure my activity was lawful,” Davidson said.
Stormy Daniels Attorney Says He Once Thought Cohen Might ‘Kill Himself’
“I thought he was going to kill himself,” Davidson said of Cohen.
Keith Davidson's Cross-Examination Begins
Biden Addresses Growing Student Protests While Trump’s Back In Court
Speaking from the Roosevelt room, Biden praised both the right to free speech and the rule of law as "fundamental American principles" and urged both be upheld and respected. “We are not an authoritarian nation where we silence people or squash dissent," he said, describing peaceful protest as "in the best tradition" of American democracy.
"But neither are we a lawless country," he said. "We’re a civil society and order must prevail.”
“There’s no place in America for antisemitism or threats of violence against Jewish students,” he said. “There is no place for hate speech or violence of any kind — whether it’s anti-Semitism, Islamophobia or discrimination against Arab-Americans or Palestinian-Americans.
“I understand people have strong feelings and deep convictions,” he continued. “In America we respect and protect the right for them to express that. But it doesn’t mean anything goes. It needs to be done without violence, without destruction, without hate, and within the law.”
Asked afterward by a reporter if the protests have forced him to reconsider his polices in the region, where Israel has carried out an unrelenting assault since the Oct. 7 attack, Biden answered, "No."
He also stated he didn't believe the National Guard should intervene in any of the protests, either.
The President headed to North Carolina after the remarks, where he’s scheduled to pay respects to law enforcement officers killed in the line of duty in Charlotte earlier this week.
Keith Davidson’s Direct Examination Complete
Cross-examination will begin after a morning break. Trump exited the courtroom expressionless.
Lawyer Defends Statement He Wrote For Stormy Daniels In 2018 Denying Trump Affair
“Rumors that I have received hush money from Donald Trump are completely false,” read Daniels' statement.
“An extremely strict reading of this denial would technically be true,” Davidson said of the statement, eliciting a couple snickers from the audience. For example, he said he did not think "anyone has alleged that any interaction" between Trump and Daniels would have been "romantic."
Later he pushed back on the term “hush money,” saying, “It wasn’t a payoff and it wasn’t hush money. It was consideration in a civil settlement.”
Cohen Was Upset Trump Didn’t Take Him To Washington, Lawyer Claims
“I can’t believe I’m not going to Washington. I’ve saved that guy’s ass so many times you don’t even know. You know I never even got paid. That fucking guy’s not even paying me the $130,000 back.”
Stormy Daniels' Lawyer's Texts Reveal Reaction To Trump Win In 2016
He texted Howard, “What have we done?”
“Oh my god,” Howard responded.
“This was sort of gallows humor on election night as the results were coming in,” Davidson said in court. “There was an understanding that our efforts — strike that — that our activities may have assisted the presidential campaign of Donald Trump.”
Part Of Hush Money Contract ‘Unenforceable,' Lawyer Says
“I believe the paragraph, the way this was drafted, was unenforceable,” Davidson said, explaining the damage amount was too excessive. Cohen had wanted the high number, he said.
Keith Davidson Is Back On The Stand
He is read part of an email between himself and Cohen from October 2016, when Davidson was trying to secure Daniels’ $130,000 payment. He said it “followed a conversation … between Dylan Howard, Michael Cohen and I” where Howard “came in as sort of the mediator” after Davidson “had lost trust in what [Cohen] was saying.”
On Oct. 27, 2016, Howard texted Davidson, “Money wired I am told.” Davidson replied, “Funds received.”
Trump Lawyer Spars With Judge (Again)
“He can’t just say ‘no comment’ repeatedly — he’s running for president,” Blanche said of his client. But Merchan told him that comments about one witness in the case could have a chilling effect on any other witness. The judge also pointed out that Trump seems to be going out of his way to comment on the case; he generally talks to a hallway press gaggle at the start of the day and at the end.
“It was your client who went down to that [press area] and started to speak. He didn’t need to go that direction. The door that he uses is to the right,” Merchan told Blanche.
Merchan tipped his hand regarding one of the alleged violations, though, telling Blanche that he was “not terribly concerned” about Trump’s remark on Pecker.
While Blanche attempted to defend another of the alleged violations, wherein Trump claimed the jurors were Democrats, Merchan interrupted him to say: “I’m not accepting your argument.”
Another Gag Order Hearing
Merchan warned Trump on Tuesday that further violations might lead to “incarceratory punishment.”
Prosecutors are asking for $1,000 fines per incident.
"His statements are corrosive to this proceeding, and to the fair administration of justice," prosecuting attorney Christopher Conroy said.
Pointing out that the statements in question were made before Merchan ruled against Trump, Conroy added that "we are not yet seeking jail."
Trump Is Seated
Trump Arrives At Court
He made comments to reporters on the way in as has become customary. He bragged about campaign rallies in Michigan and Wisconsin "The enthusiasm has never been better," he said. "It was nice to be able to campaign one day without being in this ridiculous show trial. Biden trial, I call it."
He commented on campus protests. He praised police and blamed "radical left lunatics."
Trump Rants About Judge Merchan At Michigan Rally: ‘He Gagged Me!’
“I don't think there's ever been a more conflicted judge – crooked and conflicted," Trump told the crowd. "And I'm unconstitutionally gagged. He gagged me, so I'm not even supposed to be talking to you -- because he gagged me!”
His ire came a day after Merchan held him in contempt of court for repeatedly violating the gag order, which prohibits him from making public remarks about jurors, lawyers, witnesses, court staff and their families. Merhcan fined him $9,000 and warned him he could face jail time with continued infractions.
Trump Briefly Acknowledges Trial During Wisconsin Campaign Rally
Speaking from a teleprompter in what appeared to be prepared remarks, Trump addressed the trial only briefly, calling Judge Merchan “crooked” and “totally conflicted.”
Trump also suggested the jury won’t be fair since “it’s a 95% or so Democrat area,” and repeated the claim that he’s done nothing wrong to merit any of the four criminal trials he’s facing.
The remarks come one day after the former president was fined $9,000 for repeatedly violating a gag order in the trial.
Trump’s trial isn’t in session on Wednesdays, allowing him time to travel and campaign as he sees fit. Instead of campaigning last Wednesday, Trump went golfing at his club in Bedminster, New Jersey.
Trump Out Of Court, Back On The Campaign Trail And Ranting
Trump will get the chance to thaw out as he holds his first proper rallies since the hush money trial began, and two crucial swing states are on the itinerary. He’ll first campaign in Waukesha, Wisconsin, and then head to Freeland, Michigan. Biden took both Midwest states from Trump in 2020, and they remain on a knife-edge ahead of November’s vote. He plans to attack Biden on the economy and crime, with the latter likely to be informed by Trump's own grievances with the justice system.
But before firing up the base, Trump fired off some invective on social media. Inevitably, he’s turned his gaze to the college campus protests dominating the news cycle, blasting “the Radical Left Lunatics” who are apparently holding pro-Palestine protests to “take the FOCUS away from our Southern Border.” It’s an opinion.
We're Done For The Day
Daniels Lawyer Says Cohen Was Like The 'Excitable' Dog From The Pixar Film 'Up'
The same day, Davidson described receiving a forwarded email from a third party stating that funds had been deposited into Cohen's account. To Davidson, the email meant "nothing," because Cohen was just “saying that he had the money, not that he sent the money to me.”
Asked to describe Cohen's demeanor around this time, Davidson replied: “He was highly excitable, sort of a pants-on-fire kind of guy. He had a lot of things going on, frequently [I'd] be on the phone with him and he’d take another call, be talking out of two ears. Sort of like that movie ‘Up’ with the dog — ’Squirrel! Squirrel!’”
Lawyers Sidebar Over Questions On Trump’s Frugality
“It was my understanding that Mr. Trump was the beneficiary of this contract,” Davidson said, adding that the beneficiary is usually the one who pays. Merchan struck the latter part of the answer from the record.
Davidson read a text from Howard from around this time: “I reckon that Trump impersonator I hired has more cash.” Davidson, who replied "lol" at the time, said in court that he took Howard's comment to mean that Trump “wasn’t as wealthy” as he led people to believe he was.
Yet Another Desperate Trump Attempt To Halt The Trial Is Denied
Stormy Daniels’ Deal Very Nearly Fell Apart: ‘All Because Trump Is Tight’
“Cohen was leaning on Dylan to placate Gina [Rodriguez, Daniels’ manager],” Davidson said. He went on to explain how he believed Daniels and her manager had a backup plan to generate “tremendous media attention” around the story if Cohen or somebody did not make good on their original deal.
“All because Trump is tight,” read one of Howard’s texts to Davidson remarking on the situation.
Keith Davidson Tried Severing Ties To Stormy Daniels Deal
“I said to Cohen and to my client, I’m out. Go in peace,” Davidson said. He added of Cohen: “I thought he was trying to kick the can down the road until after the election.
Week 3 Of The Trump Trial Continues Today. Here’s What’s Happened On Day 9.
- Judge Merchan found Trump in contempt of court and fined him $9,000 for nine posts that attacked people involved in the trial. He had to delete the content in question and faces jail time should he ignore the order again.
- Michael Cohen’s former banker, Gary Farro, wrapped up his testimony. Farro described how Cohen took out a second mortgage, created an LLC and opened a bank account for the purposes of wiring Stormy Daniels $130,000 — all under the auspices of a real estate transaction.
- Keith Davidson, a lawyer who represented both Stormy Daniels and Karen McDougal in the past, began testifying about how he facilitated AMI’s deals with both women.
- Two other witnesses, a C-SPAN archivist and a deposition company representative, sat for very brief testimony. Legal analysts believe the prosecution was compelled to bring them in because Trump refused to agree the documents they provided for the trial were authentic.
- Today will start at 9:30 a.m. with a hearing on more alleged violations of Trump's gag order. The jury has been instructed to arrive at 10 a.m.
- Davidson is set to return to the stand today.
Lawyer Tells Jurors Agreement Used Pseudonyms For Donald Trump, Stormy Daniels
Why Dennison? Because he was the defendant, said Davidson. They chose “Peterson,” he said, because Daniels was the plaintiff.
Davidson told Steinglass that Dennison was also a real person who was on his high school hockey team.
"How does he feel about you now?" asked Steinglass.
"He's very upset," said Davidson.
Payment To Stormy Daniels’ Lawyer Was Late
Davidson said he came to believe Cohen did not have the authority to spend the money. He expressed how frustrated his client was, and then recalled Cohen saying, "Goddamn it, I'll just do it myself."
No One Wanted To Talk To 'Asshole' Michael Cohen During Stormy Daniels Deal
“Dylan [Howard] was washing his hands of the deal and sort of handing the deal over to Gina to close,” Keith Davidson testified. But Daniels’ manager didn’t want to do it, because it meant she had to talk to Cohen.
“No one wanted to talk to Cohen,” Davidson said. He recalled Daniels’ manager telling him it would be easy, the terms were set and all he essentially needed to do was handle the transaction and "talk to that asshole Cohen.” The $130,000 total agreed upon included $10,000 for Davidson
Lawyer Says The Access Hollywood Tape Changed Everything For Stormy Daniels
“Trump is fucked,” Davidson said, abbreviating the text as he read it aloud in court.
Howard replied: “Wave the white flag. It’s over, people!”
Both men, however, soon became involved in a deal to smother Daniels' story as they did with McDougal.
A 2011 Blog Post Resurfaces About Donald Trump And Stormy Daniels
Upon calling Cohen back, Davidson said, “I was just met with a hustled barrage of insults and insinuations that went on for a while … I don’t think he was accusing us of anything. He was just screaming.”
Davidson said that, eventually, he expressed to Cohen that his client, Daniels, also wanted the blog post taken down. He sent a cease-and-desist letter, and the post was removed.
Karen McDougal's Attorney Links The 'Catch-And-Kill' Scheme To Trump's Campaign
“One explanation I was given was that they were trying to build Karen into a brand and didn’t want to diminish her reputation. And the second was more of an unspoken understanding that there was a close affiliation between David Pecker and Donald Trump and AMI would not run this story … because it would tend to hurt Donald Trump," Davidson said. Asked whether he meant Trump’s 2016 presidential campaign, Davidson said yes.
The contract between McDougal and AMI was dated Aug. 5, 2016.
Details Emerge In Testimony About The Karen McDougal Deal
Davidson said that an attorney for AMI asked him to reach out to Cohen, but that he did not want to do so because of a past experience talking to Trump’s attorney, which he described as “not pleasant or constructive.” Davidson did end up calling Cohen, because he understood the deal would benefit Cohen's client, Trump. (Trump, however, wasn't named on the paperwork.) AMI paid Davidson the sum for McDougal's story.
“Glad it all sorted,” Davidson texted Howard afterward.
“Fuckin’ Jesus,” Howard replied.
Donald Trump Is Back, And So Is Eric Trump
Trump’s Social Media Scrubbed Of Posts
Trump will also have to pay a $9,000 fine ($1,000 per violation) and faces potential jail time should he find himself in contempt of court again.
Karen McDougal’s Attorney Joked About Helping Trump In Exchange For Ambassadorship: ‘I’m Thinking The Isle Of Man’
Responding to Howard’s assertion that “we are going to lay it on thick for her,” Davidson responded: “Good. Throw in an ambassadorship for me. I’m thinking the Isle off Man.”
In court, he explained: “It was sort of in jest. That was just a joke.” He said the understanding was that, “somehow, if Karen did this deal with AMI, it would help Trump’s candidacy,” leading to a potential perk for him.
At this point in the negotiations, it was clear that McDougal's story would be purchased but not be made public.
We're now breaking for lunch.
Trump Campaign Wastes No Time Using Gag Order As A Fundraising Tool
“A Democrat judge JUST HELD ME IN CONTEMPT OF COURT!” the email soliciting donations reads. “I was fined $9,000 for 9 gag order violations. THEY WANT TO SILENCE ME! They think they can BLEED ME DRY and SHUT ME UP, but I’ll NEVER stop fighting for YOU.”
The email then casts the gag order as a form of “election interference” before directing people to donate to the Trump National Committee.
More Texts Read For Jurors
Later, Davidson texted Howard: “It’s a story that should be told.”
“I agree,” Howard replied.
The following month, in July, Howard texted asking to speak about Trump, saying that he thought he had “an entree” to pitch the story again. In another message, Davidson wrote to Howard: “Don’t forget about Cohen. Time is of the essence. The girl is being cornered by the estrogen mafia." In court, the attorney called it a “regrettable” phrase.
“That was a term I think [came from] one of Karen’s associates at that first meeting, there were several women who were leaning on Karen to sign a deal with ABC,” he explained. McDougal was rumored to be mulling an appearance on “Dancing with the Stars" because she was trying to reinvigorate her career. When Howard told him to "get me a price on McDougal," Davidson initially came back with a whopping price tag of $1 million.
Davidson claimed that McDougal did not want to tell her story about Trump. Yet the deals he was trying to negotiate for her — a story in tabloid media or an appearance on a reality show — would require her to do so, he said.
McDougal Lawyer Texts National Enquirer Editor-In-Chief: ‘I Have A Blockbuster Trump Story’
“I have a blockbuster Trump story,” one text read. “Talk first thing. I will get you more than anyone for it, you know why.”
“Did he cheat on Melania?” Howard texted back. “Do you know if the affair was during his marriage to Melania?”
“I really cannot say yet. Sorry,” Davidson replied.
“OK. Keep me informed,” Howard texted. He then flew out to meet McDougal and Davidson in person to discuss the allegations; a friend of the model's was also present."
Ms. McDougal alleged that she had had a romantic affair with Donald Trump some years prior," Davidson testified in court, affirming the relationship was allegedly sexual.
Davidson's Connections To Key Figures In The Case
He first came to know Cohen in 2011, after a blog post linked Trump to a client of his, whom he described as “Stephanie Clifford, AKA Stormy Daniels.” He said McDougal was a former client whom he met around 25 years ago when she dated a friend of his. They were reacquainted in June 2016, according to an email between Davidson and McDougal that was shown to the jury. The email also contained a retainer agreement regarding the story of McDougal’s alleged affair with Trump.
Davidson testified earlier that he would sell stories to tabloids, but only “rarely.”
Next up: Attorney Keith Davidson.
From 2016 to 2017, he testified that his firm was “heavily involved with media cases,” which meant lots of nondisclosure agreements.
Going Through Deposition Tapes
Asked in the video deposition what Truth Social is, Trump replied, “It’s a platform that has been opened by me as an alternative to Twitter.”
In another clip, he is asked to confirm that he is married to Melania Trump since 2005. In another, he is asked whether he is familiar with the “Access Hollywood” tape.
Thompson is then dismissed, with no cross-examination.
Next up: attorney Keith Davidson.
Next Up: A Deposition Company Representative
He’s explaining what a deposition is, and how it’s recorded.
Thompson affirmed that his company handled the deposition for one of writer E. Jean Carroll’s defamation cases against Trump. He appears to be here simply to swear that Trump’s October 2022 deposition video and transcript are accurate.
Wait, What’s A CSPAN Archivist Doing On The Stand?
“That also means that despite Trump and his team’s constant complaints about the trial’s length, they bear the blame for insisting on testimony like this,” says Rubin. “Even the most aggressive lawyers I know would roll their eyes & agree that whatever CSPAN video is at issue is real.”
Trump Rally Clips Played For Jurors
“Whoever she is, wherever she comes from … the stories are total fiction. They’re 100% made up. They never happened. They never would happen,” Trump was heard saying. He called the stories “lies," “totally invented fiction,” and said, "It's a total setup.” Another video clip was shown from a Trump campaign event in Gettysburg, Pennsylvania, in which Trump said, “All of these lies will be sued when the election is over.” In a final clip, as president-elect, Trump called Cohen a “very good lawyer.”
Browning is done, with no cross-examination.
Next Witness: Longtime CSPAN Exec Robert Browning
Prosecutors Ask To Include Trump Attacks On Cohen, Daniels
Lawyers Haggle Over Explicit Texts While Jury Takes Morning Recess
One text, sent by Stormy Daniels and Karen McDougal’s lawyer to American Media’s chief content officer on July, 1, 2017, reads, “He owes AMI everything & he fucked u. Idiot.” Presumably “he” is Trump, though it’s unclear.
Another text, sent by Stormy Daniels’ publicist Gina Rodriguez to former National Enquirer editor-in-chief Dylan Howard on Oct. 19, 2016, reads, “There is some shady shit going on.”
Trump Held No Campaign Rallies Over Long Weekend
Court is also out on Wednesdays for this trial. Last week, Trump spent Wednesday playing golf at his club in Bedminster, New Jersey.
Bank Shuttered Cohen Accounts After Stormy Daniels Payment Went Public
"We choose not to be attached to what we consider to be negative press,” he said. “Once a client is not completely honest with us, we choose not to do business with them going forward,” Farro added.
Farro's testimony has now concluded. Jurors have been dismissed for their morning break.
Eric Trump Is Following Along
Farro: Cohen Was ‘A Challenging Client’
“Ninety percent of the time, it was an urgent matter,” Farro said of his conversations with Cohen. They were infrequent calls, he said, only three or four times per year. He affirmed that his managers chose him to work with Cohen because they thought Farro could handle him. Once information on the hush money transfer became public, he said he was pulled away from Cohen as a client.
Farro Affirms He Didn't Know Funds Were Related To Campaign Or Stormy Daniels
Prosecutors walked him through records showing how Cohen took out a home equity loan and used the funds to transfer a hush money payment to Keith Davidson, an attorney for Stormy Daniels. The implication was that Cohen made the wire look like a real estate transaction.
We're now done with direct examination, and are on to cross examination.
Farro Describes Bank Transfer
Judge Warns Trump He Could Be Jailed For Violating Gag Order
Trump must remove the offending social media posts by 2:15 p.m. today, according to CNN.
According to the order, "THEREFORE, Defendant is hereby warned that the Court will not tolerate continued willful violations of its lawful orders and that if necessary and appropriate under the circumstances, it will impose an incarceratory punishment."
You can read the ruling here.
Another hearing on four more alleged violations will be held Thursday morning.
Judge Permits Trump To Attend Barron's High School Graduation
Another date that Trump requested, June 3, depends on whether the jury is in deliberations by then. If they are, he won't be able to take the day off.
Gary Farro Resumes Witness Testimony
Trump Complains About 'Icebox' Courtroom
"I'm going to go into the icebox now and sit for about eight hours or nine hours," he said. "I’d much rather be in Georgia, I’d much rather be in Florida. I’d much rather be in states that are in play."
Judge Fines Trump For Contempt Of Court
Eric Trump Appears Alongside Dad
This is the first time a member of Trump's family has shown up at the trial.
Trump Arrives At Court
His son, Eric Trump, was spotted joining the motorcade, the network reported.
Trump Details Authoritarian Second Term
Among the sweeping changes Trump would aim to make would be mass detention camps for migrants along the border, a federal government filled with his acolytes and permission for red states to monitor women’s pregnancies. Read the full profile here.