Thread by @Jose_Pagliery

It's a cool, gray, & misty morning in Manhattan. In an hour, Donald Trump is due back in the chair that confines him most days now.

I'll be updating from the courtroom.

Last time on The Trump Trials...

We got a look at the seedy world of celebrity hush money deals. It's kinda gross.

Story @thedailybeast:

thedailybeast.com/trump-trial-sh…

@thedailybeast Two Secret Service agents just entered the courtroom. Trump followed them inside.

He seems rested, walking with a little more energy. He's in a blue suit & yellow tie.

He pressed his hand to his belt on his way in, then forced a slight smile to a journalist on his left.

@thedailybeast His son, Eric Trump, isn't here this time. Instead, he brought political adviser/lawyer Boris Epshteyn.

Trump is up front at the defense table with lead lawyer Todd Blanche.

Epshteyn sits in the second row behind two Secret Service agents in dark suits who have earpieces in.

@thedailybeast Another member of Trump's inner circle is sitting in the far back left corner of the courtroom: Jason Miller.

He's the guy who quit running the right-wing social media site GETTR (when it got overshadowed by Truth Social) and returned as a Trump 2024 campaign senior adviser.

@thedailybeast Judge is here, and we're rockin and rollin.

@thedailybeast The judge is now holding a brief hearing before the jury walks in. Once again, Trump is in trouble.

Manhattan prosecutor Christopher Conroy is now detailing how Trump has violated gag orders 9 times.

@thedailybeast Conroy is explaining how Trump keeps talking about witnesses, jurors, and this case.

He points out that Trump has chosen to ignore some reporters' questions but answered others—especially if he sees an opening to make veiled threats to witnesses.

@thedailybeast Conroy points out that when a reportre asked Trump about ex-AMI exec David Pecker's testimony, Trump said: "He’s been very nice."

"The defendant knows what he’s doing... it was deliberate and it was calculating: Pecker, be nice."

@thedailybeast The DA's office is asking the judge to impose the maximum $1,000-per-violation fine for four different statements made by Trump.

They're not asking for jail time right now, they say, because they don't want to interrupt the trial.

@thedailybeast Blanche again argues gag order is unfair, citing President Biden's recent jab.

"He mocked President Trump. He said, 'Donald has had a few tough days lately. You might call it stormy weather.' Presdent Trump can’t respond to that the way he’d want to because of this gag order."

@thedailybeast Justice Juan Merchan disagrees. He says Trump can't mention Stormy Daniels because she's a witness, but...

"He's certainly allowed to respond to something that’s said by President Biden."

@thedailybeast This is becoming a fascinating debate about Trump's love of the spotlight and inability to control himself.

Blanche makes it seem like Trump is helplessly being silenced while running for the White House.

Judge says he has to follow rules. And yes, he can keep his mouth shut.

@thedailybeast Blanche: "Everybody can say whatever they want except for President Trump!"

Judge: "They’re not defendants in this case. They’re not subject to the gag order."

@thedailybeast Blanche argues Trump *has* to respond to journalists.

Judge: "It was *your* client who went down that holding area & stood in front of the press & started to speak. It wasn’t the press that went to him. He went to the press. He didn't need to go down to that direction."

@thedailybeast Blanche whines about "what's going on behind us"... the overwhelming "scrutiny" this case is getting from the press.

"Every time we whisper to our client, it’s live streamed over all sorts of social media outlets."

<<I FEEL SEEN.>>

@thedailybeast This judge is not convinced. Nope. Not in the slightest.

Judge: "You’re telling me the scrutiny is outrageous. Nobody forced your client to go over there."

Blanche: "You’re right. Nobody’s forcing him but he’s running of president. He has to be able to speak."

@thedailybeast Blanche tries to make a sweeping speech about constitutional freedoms, election speech, Cohen's own attacks, the—

"Did he violate the gag order, that’s all I want to know," Merchan says.

Uh-oh. 🫣

@thedailybeast Judge is taking a 5 min break before the jury comes in.

Let's see how quickly he rules on this one.

Merchan has taken the role of a stern father dealing with a toddler who's having a tantrum.

@thedailybeast Trump's arguments against the gag order keep shifting—albeit ever so slightly.

First, it was the election. Then free speech. Then, oh these aren't threats. Now they're seeking carveouts.

Blanche said Michael Cohen & Stormy Daniels are "not people that need to be protected."

@thedailybeast The LA hush money lawyer who repped Karen McDougal & Stormy Daniels is back on the stand to keep answering questions from assistant district attorney Joshua Steinglass.

@thedailybeast Keith Davidson recalls how he lost any sort of trust in Michael Cohen because the Trump guy kept delaying funding of the Stormy hush money deal in Oct. 2016.

@thedailybeast We're finally talking about Essential Consultants, the LLC that Cohen spun up to do these shady deals.

(Back in 2018, @NewYorker's @tnyCloseRead questioned whether this was a Trump slush fund.)

newyorker.com/news/our-colum…

@thedailybeast @NewYorker @tnyCloseRead On the screen: the NDA signed between by "Peggy Peterson" and "David Dennison"—pseudonyms used by Stormy Daniels and Donald Trump.

We're also looking at the "side letter" that revealed their real names. It was "attorney's eyes only." Even Trump and Stormy couldn't keep copies.

@thedailybeast @NewYorker @tnyCloseRead Davidson: "Yes, the side letter agreement decodes the underling settlement agreement."

We all hear that "it's not the crime, it's the coverup." But this is a coverup of a coverup. Oh the layers!

@thedailybeast @NewYorker @tnyCloseRead Get ready for the denouement of Davidson's testimony. He recalls the @WSJ story that broke news of the McDougal catch-and-kill scheme.

The story for context:

wsj.com/articles/natio…

@thedailybeast @NewYorker @tnyCloseRead @WSJ That story came out Nov. 4, 2016. Davidson remembers getting called by Cohen, who was furious.

"He was very upset about the timing of the article."

It was four days before the election.

@thedailybeast @NewYorker @tnyCloseRead @WSJ Days later, when it was clear Trump was winning the election, they suddenly realized their role in history.

“What have we done," Davidson texted then-National Enquirer editor Dylan Howard.

Howard texted back: Oh my God.

@thedailybeast @NewYorker @tnyCloseRead @WSJ The prosecutor asks him to explain that exchange.

Davidson: "Our activities may have in some way assisted the presidential campaign of Donald Trump."

And that's exactly what the jurors needed to hear.

@thedailybeast @NewYorker @tnyCloseRead @WSJ Don't mistake Davidson for some repentant sinner who becomes a hero. He's still as deluded as ever.

Prosecutor: Would you use the phrase hush money to describe this?

Davidson: "I would never use that word."

P: What would be the word you’d use to describe it?

"Consideration."

@thedailybeast @NewYorker @tnyCloseRead @WSJ Davidson: “You called it a payoff. It wasn’t a payoff, and it wasn’t hush money. It’s a consideration in a settlement agreement.”

"A consideration is money or something of value that’s exchanged in a contract. I will pay you $5 to mow my lawn. $5 is consideration."

@thedailybeast @NewYorker @tnyCloseRead @WSJ The delusion continues. We're reviewing Stormy Daniels' signed, January 2028 denial statement that denies the romantic sexual affair ever happened.

Davidson explains—almost boasts—"this is a tactic that is often times used" by publicists and attorneys dealing with the press.

@thedailybeast @NewYorker @tnyCloseRead @WSJ Davidson: "An extremely strict reading of this denial would technically be true. I think you have to go through it word by word. It would technically be true with an extremely fine reading."

🤔

@thedailybeast @NewYorker @tnyCloseRead @WSJ He says we'd have to "hone in on the definition of romantic sexual affair. I don't think anyone had ever alleged that any interaction between she and Mr. Trump had been ROMANTIC."

Prosecutor: How about sexual?

Him: "That would be a sexual AND/OR romantic."

@thedailybeast @NewYorker @tnyCloseRead @WSJ And how about this line in Stormy's public statement?

"Rumors that I received hush money from Donald Trump are completely false."

That's where Davidson stressed that this wasn't hush money. It was a "consideration."

@thedailybeast @NewYorker @tnyCloseRead @WSJ As muted as this moment is inside the courtroom, let's be real for a second.

This rando LA lawyer played a pivotal part in American history, briefly saw the light of repentence when Trump got elected, but eight years later he's like...

Typo in a previous post. Stormy's public statement was in *2018* not 2028. (Sorry, typing hella fast here.)

There's more. I don't know how, but there's more.

Now we're reviewing the Stormy Daniels public statement she made while she was at the Marilyn Monroe suite at the Hollywood Roosevelt Hotel, surrounded by makeup artists for an appearance on Jimmy Kimmel.

Her statement says: “I am denying this affair because it never happened.” Then she plugs her IG account.

Prosecutor: "How would you characterize the truthfulness of this statement?"

Davidson: "It is technically true."

Bro.

Prosecutor: "How is that technically true?"

Davidson: "I don't think anyone had ever alleged there was a RELATIONSHIP between Stormy Daniels and Donald Trump. A relationship is an ongoing interaction."

Okay, let's talk. These kinds of people clearly take advantage of common decency by journalists.

The public expects us to show decorum when approaching salacious topics.

Normally we ask: Did you have a romantic relationship? Illicit affair?

From now on, ask: Did you fuck?

Trumpy defense lawyer Emil Bove is now cross-examining Davidson.

Bove is a former SDNY federal prosecutor. He starts off assertively, not exactly aggressive but quite strong.

"You’ve never met President Trump, correct?"

"Never."

However, Bove is not being gentle. He's going for the jugular.

Bove: Would it surprise you to learn that Dylan Howard considers you a main source of info?

Davidson: Yes.

Bove then wonders, you texted daily with a reporter but you'd neeeever violate atty-client privilege, huh?

Bove: "What does the word extortion mean to you?"

Davidson: "It’s the obtaining of property by threat or fear of force."

Bove: "And that can be a state or federal crime, right?"

Davidson: "True."

Hey, this b-list celebrity lawyer is getting uncomfortable.

Bove makes the point that—conveniently—the statute on limitations has run on any extortion criminal charges the feds or DA could use on Davidson.

He claims not to know.

Bove: You’re an attorney & you have not thought about that as part of your testimony?

Davidson: I have not.

Well, if Davidson seemed slimy before, the jurors are seeing the bright green mutagen ooze now.

Bove is questioning Davidson over his involvement in leaking Lindsey Lohan's rehab stay to TMZ, dealing with what seems like an extortion of Tila Tequila over a sex tape, and more.

Bove, talking about $75k Tila Tequila video deal: "You don't recall that that the time of that transaction you were on a 90-day bar suspension?"

Davidson: "I don't recall that."

Trump's lawyer rips into him for having "a fuzzy memory."

Davidson points out, "I’ve had over 1500 clients in my career." Can't possibly remember everything.

Bove wonders if he's so easily forget about some $2 million deal he scored. Again, Davidson feigns ignorance.

Anyone remember that time Gawker published parts of a sex tape showing Hulk Hogan having sex with the wife of that supremely annoying radio host, Bubba the Love Sponge?

Bove asks Davidson about the way he tried to score a deal with Hogan by selling him the tape.

After some prodding—and a ridiculous moment where Davidson claims he doesn't know what a "sting operation means"—he finally admits that the FBI had monitored his Hulk Hogan deal and setup a hotel meeting.

Oh man.

Bove then points out that Tampa police investigated this deal for extortion.

Davidson: "I believe so."

All this to prove that Davidson knew *exactly* where the red line would be on extortion.

Okay, we're taking a lunch break. See y'all after 2pm.

Donald Trump is back in the courtroom, and we'll be getting started soon.

After a very curious exchange in which Trump's lawyers tried to trick the judge into pre-approving his angry tirades on social media...

(how in the world would you explain this trial to the USA's founding fathers?)

... Bove is back to grilling Davidson.

During a short break, DA Alvin Bragg Jr. just walked into the courtroom. He's seated in the second row next to his communications director and a law enforcement agent.

Trump was turned around & saw him come in but didn't turn away from his conversation with Boris Epshteyn.

Here's the full story on how Justice Merchan couldn't be fooled into taking the bait on pre-approving Trump's social media posts.

@thedailybeast:

thedailybeast.com/judge-refuses-…

@thedailybeast We just heard a conversation Cohen secretly recorded while phoning Davidson.

Davidson recounted a conversation he had with Stormy: "If he loses this election we lose all fucking leverage, and this case is worth zero… so settle this fucking case."

@thedailybeast That audio recording could be read two ways.

On the one hand, it shows just how seedy this deal was. It pushes the Trump narrative that this was exploitation—an attempt to blackmail him.

On the other hand, it shows just how important that Nov. 8, 2016 election date was.

@thedailybeast Davidson is off the stand.

Next witness is a law enforcement technician: Doug Daus, senior forensic analyst at the DA's H-TAU, its high-tech analysis unit. He uses Cellebrite & other tools to break into phones.

Did this kind of work at L3 for US special forces in Iraq '09-'11.

@thedailybeast He says he was able to get a full "image" of Cohen's two cell phones, designated CP-0001 and CP-0002.

For my infosec peeps, before your eyes go wide, note that CP here stands for "cell phone." No, this case isn't taking a surprise dive into the inferno.

@thedailybeast Daus is discussing the metadata on Cohen's phone. For example, the technical details of a photo Cohen took at the White House.

Cellebrite extraction shows he had a “meeting with POTUS” on Feb. 8, 2017. That could get interesting later.

@thedailybeast On cross-examination, Bove has spent a great deal of time going over the challenges of examining phones and ensuring the data is complete, authentic, and untampered with.

They're closely examining the Sept. 2016 audio Cohen recorded with Trump, which was hard to hear & cuts off.

@thedailybeast Okay, we're breaking for the day.