Hello from NYC and the falsifying business records trial of Donald Trump. Prosecutors say he was at the top of a conspiracy to cover up hush money paid to porn star Stormy Daniels to keep her quiet about their affair, lest she hurt his prospects at the ballot box in 2016.
The press corps is abuzz this morning about who we think is next up on the stand, Stormy Daniels herself.
Trump has entered the courtroom, and in a departure from his usual attire, is sporting a yellow tie, as opposed to his usual rotation of red and blue.
Trump’s son Eric is again on hand today, as is Alina Habba, another attorney for Trump who represents him in the NY AG’s civil fraud case against the former president.
Before we get to Daniels, Sally Franklin, a senior vice president at publisher Penguin Random House takes the stand.
She's testifying as a custodial witness, and is talking about a pair of books authored by Trump and a ghostwriter.
She's testifying as a custodial witness, and is talking about a pair of books authored by Trump and a ghostwriter.
ADA Rebecca Mangold is asking Franklin about two books in particular, “Trump: How To Get Rich” and “Trump: Think Like a Billionaire: Everything You Need to Know About Success, Real Estate, and Life.”
The jury is shown the book cover of “Trump: How To Get Rich."
“What percentage of the cover is the word Trump?” Mangold asks.
“Roughly 30 percent,” Franklin replies.
“What percentage of the cover is the word Trump?” Mangold asks.
“Roughly 30 percent,” Franklin replies.
Prosecutors say Trump’s now-former personal attorney Michael Cohen paid Daniels $130,000 in hush money out of his own pocket, and in 2017 was reimbursed by Trump in installments, most of which were checks signed by Trump himself.
Which makes this is a bit on the nose. In “Trump: Think Like a Billionaire,” Trump writes:
“As I said before, I always sign my own checks, so I know where my money’s going.”
“As I said before, I always sign my own checks, so I know where my money’s going.”
More from that book: “For me there’s nothing worse than computers signing checks. When you sign a check...you’re seeing what's really going on inside your business."
"And if people see your signature at the bottom of the page, they know you're watching them, and they’ll screw you less because they have proof that you care about the details," Trump says.
That's it for Franklin. Attorneys are now up at sidebar with Justice Merchan. As @frankrunyeon reports, the tension is palatable.
"The people call Stormy Daniels," ADA Susan Hoffinger says.
Stormy’s dressed in black, wearing glasses. She confirms she’s testifying pursuant to a subpoena, though her tone is cheerful.
Daniels is describing her career path. She says when she was 17, she started dancing at a club in Louisiana, which she says was preferable to a prior gig “shoveling manure for eight hours a day.”
Performing and directing in adult films soon followed. She also ran for Senate as a Republican in Louisiana? She says it was to draw attention to women's issues.
Hoffinger turns her questioning to the 2006 celebrity golf tournament at Lake Tahoe where Daniels met Trump. Daniels says she spoke briefly with Trump before his bodyguard Keith Schiller approached her and said Trump would like to have dinner with her.
“What did you say?” Hoffinger asks.
“F-no,” Daniels says, before self-censoring herself. “No, no, I said no.”
“F-no,” Daniels says, before self-censoring herself. “No, no, I said no.”
Schiller and Daniels exchanged contact information however, she says.
Daniels says she later decided to go to dinner with Trump anyway, as it would “make a great story.”
“What could possibly go wrong?” Daniels says, as the courtroom cracks up.
Daniels says she later decided to go to dinner with Trump anyway, as it would “make a great story.”
“What could possibly go wrong?” Daniels says, as the courtroom cracks up.
She met Trump at his hotel suite. Trump met her at the doorway in silk pajamas, she says.
“I immediately made fun of him,” Daniels says. “I said does Mr. Hefner know you stole his pajamas?”
“I immediately made fun of him,” Daniels says. “I said does Mr. Hefner know you stole his pajamas?”
Trump agreed to change clothes at her request, Daniels says, returning in a dress shirt and pants.
As for dinner chat?
"There was nothing weird about the conversation except it was awkward," Daniels says.
As for dinner chat?
"There was nothing weird about the conversation except it was awkward," Daniels says.
Daniels says at one point, Trump brought up the idea of having her on the Apprentice, or the Celebrity Apprentice, she can’t remember which. At the time, she was initially incredulous, given her profession, but thought maybe Trump could pull it off.
Daniels says she had been wanting to do more mainstream work at the time.
“No shame, I am who I am,” Daniels says, but mainstream productions “have bigger budgets and better catering."
“No shame, I am who I am,” Daniels says, but mainstream productions “have bigger budgets and better catering."
Daniels is back on the stand, and returns to the events of that night. At one point she got up to use the restroom, walking through a bedroom to the bathroom.
When Daniels walked out, she says she was going to leave, but Trump was on the bed in boxers and a t-shirt.
When Daniels walked out, she says she was going to leave, but Trump was on the bed in boxers and a t-shirt.
Daniels says she was startled.
“I wasn’t expecting someone to be there minus a lot of clothing,” she says.
“I wasn’t expecting someone to be there minus a lot of clothing,” she says.
Daniels says she tried to step around the bed and leave, but Trump was in between herself and the doorway, though not in a threatening way.
“I just thought to myself, great, I put myself in this bad situation,” Daniels says.
“I just thought to myself, great, I put myself in this bad situation,” Daniels says.
Daniels says at some point she sort of blacked out, but was not on drugs.
"Did you say no at any time?" Hoffinger asks.
"No," Daniels says.
"Why not?" Hoffinger asks.
"Because I didn't say anything at all," Daniels says.
"No," Daniels says.
"Why not?" Hoffinger asks.
"Because I didn't say anything at all," Daniels says.
“Was he wearing a condom?” Hoffinger asks.
“No,” Daniels says.
“Was that concerning to you?” Hoffinger asks.
“Yes,” Daniels replies.
“Was it brief?” Hoffinger asks.
“Yes,” Daniels says.
“No,” Daniels says.
“Was that concerning to you?” Hoffinger asks.
“Yes,” Daniels replies.
“Was it brief?” Hoffinger asks.
“Yes,” Daniels says.
“Did he ask you to keep it confidential?” Hoffinger asks.
“No,” Daniels says.
“No,” Daniels says.
Daniels said she bailed as soon as possible. Trump was saying something to the effect of, “we should do this again, we’re great together,” she says.
She saw him the next night briefly at a club at her hotel with NFL player Ben Roethlisberger. Later on, Trump would call her often, repeating stuff about her coming on the Apprentice, though nothing ever came of it.
I didn't catch all the details, but it sounds like Trump was coming onto her every time they saw each other after that. Daniels said she made up excuses, lying about a fake trip with a friend one night and telling Trump she was on her period on another occasion.
Justice Merchan DOES NOT like the level of detail that Daniels gets into at times.
Daniels and Trump stopped talking sometime around 2007, she says, noting that there came a point where she stopped taking his calls.
As we’ve heard before, the account of Daniels’ sexual encounter with Trump was briefly published on the gossip blog the Dirty in 2011, but Daniels’ attorney managed to get it taken down.
At another point shortly after her daughter was born, Daniels said a stranger approached her in a parking lot in Las Vegas and threatened her, warning that she should keep her account of the sexual encounter with Trump under wraps.
Fast forward to 2015-2016, Daniels says when she agreed to the deal to keep her story about the Trump affair quiet, it wasn’t about the money. At the time, her career was flourishing and she says her financial situation was the best it had ever been.
Ok, Stormy’s testimony was kind of confusing on this point so let me see if I can break it down. In 2015, Trump announced his candidacy for president. Suddenly, people in the know started approaching Daniels about selling her story.
Daniels says she almost sold it to In Touch, and possibly other outlets that I didn’t catch. Why wasn’t it about the money? Daniels says if the story became known, then no one could hold it over her anymore. She couldn’t be threatened into keeping quiet if the story was public.
However, when Michael Cohen offered to buy the story, Daniels said she felt like it was the best option.
Daniels said she had never told her husband about the Trump encounter, and this way he wouldn't find out, plus the fact that there was documentation of the deal gave her added reassurance about her safety.
That's it in a nutshell I think.
That's it in a nutshell I think.
Back from lunch and:
"We move for a mistrial based on the testimony this morning,” Trump counsel Todd Blanche says.
"We move for a mistrial based on the testimony this morning,” Trump counsel Todd Blanche says.
“That testimony was so unduly prejudicial to president Trump,”Blanche says. “All of this has nothing to do with this case."
“The issue is she’s testifying today about consent and danger,” Blanche says. “That’s not the point of this case.”
It’s not happening today. Justice Merchan agrees that Daniels’ testimony this morning did go too far afield at times, but is going to give the jury a so-called limiting instruction as opposed to shutting this whole thing down.
“I don’t believe we’ve reached the point where a mistrial is in order,” Justice Merchan says.
Stormy retakes the witness stand, still on direct.
Hoffinger is asking Daniels about when her story went public.
In January 2018, Daniels says she was getting contacted by the Wall Street Journal, who had the story about her sexual encounter with Trump and the hush money. When the article came out, Daniels said her world blew up
In January 2018, Daniels says she was getting contacted by the Wall Street Journal, who had the story about her sexual encounter with Trump and the hush money. When the article came out, Daniels said her world blew up
“What kind of impact did it have?” Hoffinger asks.
“Chaos,” Daniels says. “It blew my cover for a lack of a better way of explaining it.”
She said she and her daughter were ostracized in their community, excluded from play groups and riding clubs.
“Chaos,” Daniels says. “It blew my cover for a lack of a better way of explaining it.”
She said she and her daughter were ostracized in their community, excluded from play groups and riding clubs.
Michael Cohen in February 2018 secured a temporary restraining order against Daniels, preventing her from speaking about the Trump affair. Around that time, Daniels hired Michael Avenatti.
In April 2018, Avenatti filed a defamation case against Trump. Daniels says Avenatti did it without her consent.
She says she thought it was too risky.
She says she thought it was too risky.
In June 2022, Avenatti was sentenced to four years in prison following his conviction at trial for defrauding Daniels out of hundreds of thousands of dollars from a deal for her book, “Full Disclosure.”
Daniels says she still owes Trump legal fees from the defamation suit.
And because life is strange, Daniels went on Michael Cohen’s podcast Mea Culpa at some point, after he turned on his former boss.
That's it for Hoffinger, Trump counsel Susan Necheles is up for her cross of Daniels.
“Am I correct that you hate president Trump?” Necheles asks.
“Yes,” Daniels says.
“And you want him to go to jail, correct?” Necheles asks.
“I want him to be held accountable,” Daniels says.
“Yes,” Daniels says.
“And you want him to go to jail, correct?” Necheles asks.
“I want him to be held accountable,” Daniels says.
As a result of the defamation suit, Daniels has been ordered to pay Trump about $560,000 in legal fees.
Necheles is going after Daniels for various statements in which she vows to never pay Trump anything.
The jury is shown a tweet from Daniels in March 2022.
“I don’t owe him shit and I’ll never give that orange turd a dime,” she says.
The jury is shown a tweet from Daniels in March 2022.
“I don’t owe him shit and I’ll never give that orange turd a dime,” she says.
Necheles asks Daniels if she’s hoping that if Trump goes to jail, she won’t have to pay him over a half a million dollars in legal fees.
“I hope I don’t have to pay him no matter what happens,” Daniels says.
“I hope I don’t have to pay him no matter what happens,” Daniels says.
Necheles is going after Daniels over her claim that she was threatened in a Las Vegas parking lot in 2011, as Daniels and her baby daughter were going to an exercise class. Necheles is implying that she made it all up.
Daniels confirms that she blamed Michael Cohen at the time, but now believes she was incorrect.
“That’s because this man never existed, did he?” Necheles says.
“He absolutely did exist,” Daniels replies.
“You made the whole thing up, didn’t you?
“No,” Daniels says.
“That’s because this man never existed, did he?” Necheles says.
“He absolutely did exist,” Daniels replies.
“You made the whole thing up, didn’t you?
“No,” Daniels says.
“Both you and Michael Cohen share a desire to make money off Trump going to jail, don’t you?” Necheles asks.
Hoffinger objects.
“Sustained,” Justice Merchan says.
Hoffinger objects.
“Sustained,” Justice Merchan says.
And that's a wrap for today. Daniels is due to continue her testimony on Thursday.
@BenHolfeld The object of this scheme was to influence the 2016 election, so says the Manhattan DA, which is alleged to be a violation of election laws. It’s as simple as that.
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