UPDATE: Jurors immediately heard a recording wherein Donald Trump and his then-lawyer and “fixer,” Michael Cohen, talk about funds to Karen McDougal, the previous Playboy mannequin who claimed to have had an affair with The Apprentice host.
The recording was made by Cohen in September of 2016 — and first reported on by CNN in 2018. In it, Trump and Cohen mentioned shopping for the rights to McDougal’s story.
“I must open up an organization for the switch of all of that data relating to our pal David,” Cohen stated, referring to David Pecker, then-CEO of American Media, the tabloid writer that purchased McDougal’s story for $150,000 with the intention of burying it.
When Cohen turned to the topic of “financing,” Trump requested, “What financing?”
“We’ll need to pay,” Cohen stated. It wasn’t clear from the garbled audio at that time whether or not Trump agreed. Pecker, a prosecution witness final week, stated he was by no means reimbursed for the $150,000 and cited that as one purpose he needed no half in an analogous catch-and-kill settlement with Daniels.
Prosecutors performed the recording throughout the testimony of Keith Davidson, who represented McDougal in addition to former porn actress Stormy Daniels, who additionally accused Trump of an affair.
Cohen additionally secretly recorded a cellphone name with Davidson of a dialog in October 2017. Cohen stated, “I can’t even let you know what number of occasions he stated to me, you already know, ‘I hate the truth that we did it.’ And my remark to him was, ‘However each individual that you just’ve spoken to advised you it was the proper transfer.’”
Throughout his testimony this afternoon, Davidson confronted a contentious cross examination by a lawyer for Trump, Emil Bove.
Bove sought to depart jurors considering that Trump was a sufferer of extortion, and never the prime mover behind a hush-money scheme to affect the 2016 presidential election.
Bove highlighted Davidson’s historical past of chopping offers for purchasers promoting celeb gossip. He repeated the phrase “extortion” a number of occasions throughout a cross examination that dredged up particulars of funds that Davidson had “extracted,” or tried to, from celebrities together with Charlie Sheen, Hulk Hogan and Lindsay Lohan.
Davidson denied extorting anybody, however acknowledged he was investigated by Tampa, FL police and the FBI in reference to a suggestion to promote Hulk Hogan a video of him having intercourse with a pal’s spouse.
Bove additionally had jurors take heed to different recordings of cellphone calls between Davidson and Cohen. The calls have been of conversations after Cohen had paid $130,000 to Daniels days earlier than the 2016 election for her silence a couple of declare of a sexual encounter with Trump. The calls additionally have been secretly recorded by Cohen.
In a single name, Davidson recounted to Cohen what he advised CNN throughout an April 2018 interview that hadn’t but aired. Davidson stated he was requested, “Was there ever, ever any indication that the cash was coming from him? And I stated no.” The “him” referred to Trump.
“You and I each need the reality on the market,” Davidson stated.
“I do,” Cohen agreed.
Bove accused Davidson of attempting to squeeze Trump for more cash. He performed again one cellphone name wherein Davidson advised Cohen, “Typically folks get settler’s regret,” an obvious reference to Daniels. “Hypothetically talking,” Davidson added.
Davidson advised Bove that pornographer Larry Flynt had provided Daniels $1 million and lawyer’s charges to interrupt the settlement.
Bove additionally recommended, with out saying it outright, that Davidson and Cohen had successfully grow to be companions in their very own scheme to shake down then-President Trump, with Cohen appearing out of revenge for not being appointed to a submit within the Trump Administration.
Earlier, Davidson advised a prosecutor a couple of cellphone name with Cohen the month after Trump was elected. Davidson stated he was buying that day in a warehouse with Alice in Wonderland-themed decorations, and on the decision remembered Cohen saying, “Jesus Christ, are you able to consider I’m not going to Washington? After the whole lot I’ve carried out for that f—ing man? … I’ve saved that man’s ass so many occasions you, don’t even know.”
Bove returned to that decision, saying Cohen sounded “disheartened.”
“I assumed he was going to kill himself,” Davidson replied. Cohen had thought he may be in line for White Home chief of workers or U.S. Legal professional Common, Davidson stated.
The prosecutors wrapped up Thursday’s testimony with a digital knowledge analyst who works for the Manhattan District Legal professional. The forensic analyst, Douglas Daus, stated he extracted knowledge from two cell phones belonging to Cohen.
One contained the September 2016 recording made by Cohen of his consumer Trump. Jurors additionally noticed screenshots of contacts that Cohen saved on one cellphone for Trump, and realized that Cohen additionally had contacts for Trump aide Hope Hicks, Trump group accountant Allen Weisselberg, First Girl Melania Trump, Pecker’s American Media deputy Dylan Howard, banker Gary Farro, and Davidson, amongst others.
The cellphone contained 39,745 contacts in all, Daus testified, essentially the most he’d ever seen on a single cellphone. Daus was being cross-examined by Bove in regards to the chain of custody of the telephones and the chance of their knowledge being manipulated when Choose Juan Merchan ended courtroom for the day. Daus is anticipated to return to the stand on Friday.
PREVIOUSLY: The lawyer representing Stormy Daniels in her $130,000 settlement with Michael Cohen — who prosecutors say was appearing on behalf of Donald Trump — was confronted on the stand immediately together with his previous dealings in earlier circumstances involving Hulk Hogan, Charlie Sheen, Lindsay Lohan and Tia Tequila.
Keith Davidson, cross examined by Trump lawyer Emil Bove, acknowledged that he’d been investigated in 2012 by Tampa, FL police and the FBI in reference to a video of Hogan — whose actual title is Terry Bollea — having intercourse with a pal’s spouse. The tape was in the end revealed by the now-defunct gossip web site Gawker.
Davidson, a prosecution witness within the Manhattan hush-money trial of Trump, additionally acknowledged that he’d been the goal of a legislation enforcement sting operation the place, in a gathering with Bollea in regards to the video, the conversations have been secretly taped.
Bove stated that Tampa police have been involved about “extortion” primarily based on previous statements he attributed to Davidson, together with telling Bollea’s representatives that the Gawker revelations have been “a shot throughout the bow” and that he needed $1 million to maintain the tape underneath wraps. Davidson, who was by no means charged, denied attempting to extort anybody and stated he was providing to promote Bollea the intercourse tape.
Davidson stated repeatedly throughout cross examination that he couldn’t recall particular statements he may need made.
“That have gave you familiarity with extortion legislation, right?” Bove requested.
“Maybe, I don’t know,” Davidson replied.
Bove was looking for to attach that have to Davidson’s dealing with in 2016 of negotiations for Karen McDougal to promote — and conceal — her story of an affair with Trump.
“One among your considerations was staying on the proper aspect of the legislation with respect to extortion, proper?” Bove requested.
“I suppose,” Davidson replied.
In exchanges that grew testy, Bove additionally raised Davidson’s connections to a TMZ revelation that actress Lohan was present process rehab, a intercourse tape involving mannequin and actor Tequila, and purchasers who obtained settlements from actor Sheen.
“Is it truthful to say that your reminiscence appears slightly fuzzy round these points?” Bove requested. Davidson replied that he had greater than 1,500 purchasers and he was being requested to recollect occasions from a number of years in the past. He additionally declined to debate a $2 million settlement paid to a consumer by Sheen, citing attorney-client privilege.
Davidson objected to Bove saying he had “extracted” cash from Sheen. “And in case you’re not right here to play authorized video games,” he retorted to Bove, “then don’t say ‘extract.’”
Throughout a dialogue of the Tequila intercourse tape, Bove requested, “You don’t recall on the time of that transaction you have been on a 90-day bar suspension?”
“I don’t recall,” Davidson replied.
In his second day on the stand, Davidson completed direct examination by explaining how an announcement he drafted for Daniels was “technically true” regardless that it learn, “Rumors that I’ve obtained hush cash from Donald Trump are utterly false.”
It was January 10, 2018, one yr into Donald Trump’s presidency, and The Wall Road Journal was two days away from publishing an exposé headlined, “Trump Lawyer Used Non-public Firm, Pseudonyms to Pay Porn Star ‘Stormy Daniels.’” Earlier than then, The Journal had requested Daniels to remark. The Journal had already revealed the existence of a $150,000 settlement relating to Trump between former Playboy mannequin Karen McDougal and American Media, writer of the Nationwide Enquirer.
However Daniels was sure by the $130,000 confidentiality settlement that she had struck with Cohen, and believed she must repay the cash plus $1 million in damages if she went public along with her declare of a long-ago sexual encounter with Trump, when he was a well-known actual property mogul with a new child little one by his second spouse.
So Davidson drew up an announcement for Daniel to place out. As he defined it to Assistant District Legal professional Joshua Steinglass, “It wasn’t a payoff. It wasn’t hush cash. It was a consideration in a civil settlement.”
Within the assertion, Daniels additionally denied having a romantic sexual relationship with Trump. “I feel you’d need to hone in on the definition of ‘romantic sexual affair,’ “ Davidson stated. “I don’t suppose anyone ever alleged any interplay between she and Mr. Trump was romantic.” He stated the assertion was “technically true with a particularly high quality studying” of the language.
Because the secrecy across the preparations with Daniels unraveled, lawyer Cohen was changing into more and more agitated, Davidson testified, particularly as Daniels went on a spherical of speak present interviews together with Jimmy Kimmel Reside! and The View to debate her new-found fame. As Daniels was getting make-up and hair carried out on the Roosevelt Resort in Hollywood for the Kimmel interview, Davidson stated he sat within the resort’s Marilyn Monroe suite — the place Kimmel’s producers had put Daniels up — on January 30, 2018 and typed up one other assertion of denial for Daniels.
PREVIOUSLY: Donald Trump was the topic of one other contempt listening to this morning in his Manhattan hush-money trial.
In a repeat of an earlier courtroom debate that led to a contempt ruling and a $9,000 high quality for Trump, prosecutors argued that the defendant had dedicated nonetheless extra violations of the choose’s gag order limiting assaults on trial jurors and witnesses.
Trump has “willfully and knowingly violated the lawful order of this courtroom,” assistant District Legal professional Christopher Conroy advised Choose Juan Merchan, citing 4 extra situations of Trump sounding off in opposition to witnesses and jurors. The occasion that appeared to curiosity Choose Merchan most was a remark by Trump to a radio present on April 23: “That jury was picked so quick—95 % Democrats. The realm is generally all Democrats.”
Trump’s lawyer, Todd Blanche, defined Trump’s comment by saying, “We very a lot consider that this can be a political trial, and a part of President Trump’s perception is the placement of the trial.”
Merchan minimize Blanche off, asking, “Did he violate the gag order?” Blanche replied that he was making an argument that Trump didn’t violate the gag order and laying the inspiration for his argument. “I’m not accepting your argument,” Merchan snapped.
Blanche insisted Trump was speaking in regards to the political local weather that the jury represented, not attacking the jury or particular person jurors.
The 30-minute listening to ended with no ruling. Prosecutors stated they need fines, not jail, for Trump, however allowed that they may ask for stronger penalties if the gag order violations proceed.
The choose discovered Trump in contempt on Tuesday for on-line posts in April focusing on jurors and witnesses — particularly, Cohen and Daniels — and fined him $9,000. Merchan warned Trump that jail is a chance if he retains up the assaults, and prosecutors have already teed up 4 extra situations the place they are saying Trump violated the gag order, together with throughout certainly one of his hallway press encounters.
The gag order leaves Trump free to harangue Merchan and Bragg, however forbids any statements in opposition to jurors, witnesses, different trial contributors and members of Merchan’s family — together with a daughter of the choose’s who has labored for Democratic campaigns and was a goal of pre-trial Trump complaints tying Merchan to Trump’s political opponents.
Blanche argued this morning that Daniels and Cohen — frequent Trump antagonists — don’t want the gag order’s safety if the order’s purpose is to maintain trial witnesses from feeling intimidated.
Within the trial itself, prosecutors are usually not carried out but with the Beverly Hills lawyer who represented Stormy Daniels and Karen McDougal of their six-figure payouts for silence about Trump. Keith Davidson, who may face cross-examination immediately by the protection, returned to the stand this morning after spending a lot of Tuesday in courtroom speaking about his distaste for coping with Trump’s private lawyer, Michael Cohen.
In the midst of Trump’s 2016 White Home marketing campaign, Davidson and Cohen have been negotiating the sale of unique rights to each ladies’s claims of intimate extramarital encounters with the GOP nominee, with the intent of burying each tales.
Jurors noticed a textual content trade between Davidson and his contact on the Nationwide Enquirer tabloid, editor in chief Dylan Howard, confirming that Cohen had wired $130,000 to Davidson in late October 2016 after a protracted wrestle to get Daniels paid.
“Cash wired, I’m advised,” Davidson wrote.
“Unbelievable,” Howard replied.
“He was an excitable, type of pants-on-fire type of a man,” Davidson stated on Tuesday of Cohen as he was questioned by Joshua Steinglass, certainly one of a handful of Manhattan assistant district attorneys attempting the hush-money case in opposition to Trump. Davidson elaborated, saying Cohen reminded him of Dug, the high-strung, speaking canine in Pixar’s animated hit film, Up — “the place the canine says, ‘Squirrel! Squirrel!’ “ Davidson remarked.
Cohen, who pleaded responsible to federal costs tied to his fee of $130,000 to Daniels, is anticipated to testify for the prosecution. The indictment of Trump broke state and federal legislation by disguising the hush cash reimbursement to Cohen with dozens of falsified examine receipts and ledger entries. Trump was en path to successful the presidency in 2016 when the fee was made. He has denied any sexual involvement with Daniels and stated he paid Cohen for normal authorized work.
Jurors on Tuesday noticed reams of texts between Davidson and Howard. In a single textual content to Howard after the notorious Entry Hollywood tape emerged a month earlier than the election, Davidson wrote, “Trump is f——d.” Howard replied with a white flag emoji, apparently signaling give up regardless of their finest efforts to comprise dangerous information in regards to the candidate favored by Howard’s boss, American Media CEO David Pecker. “I feel he was seconding my opinion,” Davidson testified.
On his manner into the courtroom this morning, Trump gave one other free-ranging speech about his presidential marketing campaign and the felony case, which is in its third week.
“It was good to have the ability to marketing campaign in the future with out being on this ridiculous present trial — Biden trial, I name it,” Trump stated.
