Good morning from New York.
As Stormy Daniels gears up for her second day on the witness stand, Trump's lawyer continues cross-ex—and the judge will likely maintain his close watch of the guardrails.
What the judge is looking for, @Just_Security justsecurity.org/95541/stormy-d…
As Stormy Daniels gears up for her second day on the witness stand, Trump's lawyer continues cross-ex—and the judge will likely maintain his close watch of the guardrails.
What the judge is looking for, @Just_Security justsecurity.org/95541/stormy-d…
"All rise."
Justice Merchan enters, and Assistant DA Susan Hoffinger tells him that the defense wants to confront Stormy Daniels with an arrest record, over an accusation by her ex-husband.
The claim was thrown out, she notes.
Justice Merchan enters, and Assistant DA Susan Hoffinger tells him that the defense wants to confront Stormy Daniels with an arrest record, over an accusation by her ex-husband.
The claim was thrown out, she notes.
Justice Merchan won't let it come in, noting that anyone can be accused of — or arrested for — something.
"It's not probative of everything," he says.
"It's not probative of everything," he says.
Stormy Daniels enters, dressed in black, once again.
Cross-ex resumes:
Trump's attorney Susan Necheles asks Daniels whether she recalled stating that her accusations against Trump were "bullshit."
Objection.
Sustained.
Trump's attorney Susan Necheles asks Daniels whether she recalled stating that her accusations against Trump were "bullshit."
Objection.
Sustained.
Necheles asks a series of questions about Daniels seeking to make money about her story.
Daniels pushes back, saying she wanted to get the story out.
Asked why she didn't just hold a press conference, Daniels says she was running out of time.
Daniels pushes back, saying she wanted to get the story out.
Asked why she didn't just hold a press conference, Daniels says she was running out of time.
Necheles notes that Slate had interest in Daniels' story, but she stopped talking to its reporter amid the NDA.
Daniels: "I stopped talking to numerous people because I signed the non-disclosure, and that was part of the deal."
Daniels: "I stopped talking to numerous people because I signed the non-disclosure, and that was part of the deal."
Necheles asks whether Daniels asked Slate's reporter that instead of being paid for her silence she wanted to be paid for her story. She rejects the premise.
Daniels: "Yes, I wanted the truth to be printed, with a paper trial."
Daniels: "Yes, I wanted the truth to be printed, with a paper trial."
Q: You wanted money, right?
A: I wanted the truth to come out.
A: I wanted the truth to come out.
Necheles asks whether Daniels said that she either wanted money or to hurt Trump politically because of his positions on gay rights and abortion.
"No," Daniels says.
Asked a similar question later, Daniels answers: "False."
"No," Daniels says.
Asked a similar question later, Daniels answers: "False."
The defense begins to roll tape on this conversation between Keith Davidson and Michael Cohen from April 4, 2018.
Prosecutors object.
Judge: "Sustained. Please approach." Sidebar.
Prosecutors object.
Judge: "Sustained. Please approach." Sidebar.
Necheles:
"I apologize your honor. I pulled up the wrong one by mistake."
"I apologize your honor. I pulled up the wrong one by mistake."
Necheles says that this was the correct one, which is played in court.
Necheles tries to suggest that it shows Daniels pressuring Keith Davidson to settle before the election, but Daniels rejects that, calling Trump's attorney to an important distinction.
Davidson doesn't put those sentiments in Daniels' mouth—but manager Gina Rodriguez's.
Davidson doesn't put those sentiments in Daniels' mouth—but manager Gina Rodriguez's.
Specifically, Davidson refers, on the tape and the transcript, to Rodriguez and her boyfriend.
Necheles asks whether Daniels' alleged tryst with Trump took place "many, many, many" years ago at the time of this statement. Then, 12 years ago, Daniels says.
Necheles: "That's many, many, many" years ago, right?
Daniels: "That is many 'many-s' but OK." (laughter)
Necheles: "That's many, many, many" years ago, right?
Daniels: "That is many 'many-s' but OK." (laughter)
Necheles pulls up the other Daniels denial with the "many, many, many" language.
Daniels pointed out earlier that Davidson wrote both statements, and she signed them.
Daniels pointed out earlier that Davidson wrote both statements, and she signed them.
Asked if Daniels knew Trump was concerned about his family, Daniels answers: "I was never mentioned anything about his family."
The judge overturns the defense's objection to her answer.
The judge overturns the defense's objection to her answer.
Clarification: This is full question and answer before Stormy Daniels deadpanned, "No, nobody would ever want to publicly say that."
https://x.com/KatiePhang/status/1788571649643601982
Daniels is asked about her tour "Make America Horny Again." She says she didn't use the name, which she hated.
Asked about her remarks about how more "resistance" supporters attended her shows, Daniels replies: "The climate in the club definitely changed." But she says that she didn't sell herself to a different demographic.
Daniels: "I just did the same job I always did."
Daniels: "I just did the same job I always did."
Asked about whether "Full Disclosure" spoke about her alleged tryst with Trump, Daniels replies it was the story of her life.
There was laughter in the courtroom after Daniels deadpanned: "No, nobody would ever want to publicly say that," referring to her alleged tryst with Trump.
Daniels: "You're trying to trick me into saying something that isn't entirely true."
Q: You have become a hero at those parties to Trump haters, haven't you?
A: I don't know. I can't speak for other people.
A: I don't know. I can't speak for other people.
Daniels says that her documentary was "polarizing," not eliciting one opinion.
Asked whether Daniels hoped she'd be "instrumental" in putting Trump in jail, Daniels sharply replies: "Show me where I said I'd be 'instrumental' in putting Trump in jail."
Necheles shows Daniels this post from late March.
Daniels notes that she's replying to "someone calling me a 'HUMAN TOILET,' so I capitalized on the joke."
Daniels notes that she's replying to "someone calling me a 'HUMAN TOILET,' so I capitalized on the joke."
This leads Necheles to ask for clarification on the "orange turd" to whom Daniels was referring.
She acknowledges that's referring to Trump. She pushes back at the implication that's about her being supposedly "instrumental" in putting him in "jail."
She acknowledges that's referring to Trump. She pushes back at the implication that's about her being supposedly "instrumental" in putting him in "jail."
Daniels, coolly, factually and with a hint of indignation: "I responded to hundreds of tweets like this, calling me names."
Necheles turns to a series of questions on Daniels' merchandising.
Daniels confirms that the post's reference to "champagne" was Trump's indictment.
Q: That was you shilling your merchandise, right?
A: That was me doing my job.
Q: Selling your merchandise?
Q: Which was part of my job, yes.
Q: That was you shilling your merchandise, right?
A: That was me doing my job.
Q: Selling your merchandise?
Q: Which was part of my job, yes.
Asked about merchandising from the former president's criminal proceedings, Daniels quips: "Not unlike Mr. Trump," to muted laughter in the court.
Necheles shows Daniels the "Stormy Saint of Indictments candle."
This isn't the specific image shown to the witness, but it's similar.
This isn't the specific image shown to the witness, but it's similar.
Daniels pushes back again at her merchandising: "I continue to do my job and foot my extraordinary legal bills."
Necheles turns to a series of questions about Stormy Daniels' show about the paranormal, a subject that Michael Avenatti deployed to attack her credibility during his criminal case.
(For Avenatti, that effort failed: He was convicted.)
(For Avenatti, that effort failed: He was convicted.)
Necheles asks Daniels a series of questions suggesting she attacked her former partner — a topic specifically ruled inadmissible before trial today.
Objection.
Sustained.
Judge: Counsel, we discussed this.
Objection.
Sustained.
Judge: Counsel, we discussed this.
Necheles tries quite a few follow-up questions on the subject — all objected to and all
Q: You have a lot of experience making phony stories about sex appear to be real.
A: (laughter) I wouldn't put it that way.
Q: You have a lot of experience making phony stories about sex appear to be real.
A: (laughter) I wouldn't put it that way.
Daniels says the sex is "very real," but the relationships between the characters aren't, "exactly like what happened in that room," referring to Trump's hotel suite.
"And if that story was untrue, I would have written it to be a lot better," Daniels says, wryly.
"And if that story was untrue, I would have written it to be a lot better," Daniels says, wryly.
Observation:
Daniels is a lot more confident, wry, and controlled during this cross-examination than when her testimony first began.
Utterly gone is any trace of her evident nervousness and speed-testimony from Day One.
Facing Trump's attorney, she seems in muted fight-mode.
Daniels is a lot more confident, wry, and controlled during this cross-examination than when her testimony first began.
Utterly gone is any trace of her evident nervousness and speed-testimony from Day One.
Facing Trump's attorney, she seems in muted fight-mode.
Daniels lays back diagonally in her chair, looking relaxed and comfortable during the volleys of questions and answers.
Asked whether Daniels' story about Trump has changed over the years, she cooly responds: "No."
Asked whether the photo with Trump is one of the "dozens" of photos she took with celebrities, Daniels replies: "Yes."
Necheles recaps Daniels' testimony about her first meeting with Trump, and the attorney claims that there are variations in the story.
The lawyer shows the witness her 2011 interview with InTouch magazine. intouchweekly.com/posts/stormy-d…
The lawyer shows the witness her 2011 interview with InTouch magazine. intouchweekly.com/posts/stormy-d…
Daniels told the magazine that she and Trump actually met on the golf course.
"Later, when he was coming to the gift room, he came to talk to me and asked for my number and I gave it to him," Daniels told the magazine.
She testified the exchange happened with the bodyguard.
"Later, when he was coming to the gift room, he came to talk to me and asked for my number and I gave it to him," Daniels told the magazine.
She testified the exchange happened with the bodyguard.
Daniels notes that the number exchanged happened through the bodyguard, on Trump's behalf.
It's undisputed Daniels had the number for the bodyguard: Keith Schiller.
It's undisputed Daniels had the number for the bodyguard: Keith Schiller.
Context
In the same interview, Daniels noted that Schiller was "always with him."
In the same interview, Daniels noted that Schiller was "always with him."
Daniels, on the distinction Trump's lawyer is trying to draw between getting his number versus get his bodyguards:
"As I said, a bodyguard or a handler is an agent."
"As I said, a bodyguard or a handler is an agent."
Trump's lawyer notes that Daniels didn't speak about her reluctance to go to the dinner in this interview.
Daniels: "This is an entertainment magazine," she says, noting that it's "light" and "frivolous."
Later: "It's an abbreviated, entertaining version of the event."
Daniels: "This is an entertainment magazine," she says, noting that it's "light" and "frivolous."
Later: "It's an abbreviated, entertaining version of the event."
By the way, this was the exact candle shown to Daniels earlier.
https://x.com/stewartbishop/status/1788581040073646514
The next alleged discrepancy — "dinner" vs. "snacks" or "food."
Daniels, with mild exasperation: "It was dinner!"
"It was dinnertime" and food, she adds.
Daniels, with mild exasperation: "It was dinner!"
"It was dinnertime" and food, she adds.
Necheles pursues this line further with other Daniels interviews.
Daniels suggest that Trump's lawyer is misleadingly portraying her words:
"You're showing one sentence of an entire conversation."
"You're showing one sentence of an entire conversation."
Daniels: "We had dinnertime in the room."
Q: Your words don't mean what you say, do they?
Objection.
Sustained.
Q: Your words don't mean what you say, do they?
Objection.
Sustained.
Throughout this exchange, Daniels emphasized the food never came, and she says she's been consistent about that.
Now
Florida Sen. Rick Scott exits the courtroom for a presser.
Florida Sen. Rick Scott exits the courtroom for a presser.
Daniels: Where I'm from, having dinner with someone doesn't mean you have to put food in your mouth.
She's emphasized multiple times throughout cross-ex that they planned to have food, and it was dinner time.
She's emphasized multiple times throughout cross-ex that they planned to have food, and it was dinner time.
Q: Details of your story keep changing, right?
A: No.
A: No.
Q: You have acted and had sex in over 200 porn movies?
A: About 150 of them, yes.
A: About 150 of them, yes.
Necheles asks incredulously whether she got lightheaded by seeing Trump in his T-shirt and boxers, given her work.
Daniels responds, decisively: "When you're not expecting a man twice your age," yes.
Q: You're a pretty assertive woman, right?
A: More now.
Daniels responds, decisively: "When you're not expecting a man twice your age," yes.
Q: You're a pretty assertive woman, right?
A: More now.
Necheles turns to this passage of Daniels' interview with InTouch, leaving out some of the darker details of her account.
Daniels says this is an "abbreviated" version:
"They left out a lot of stuff because they couldn't fact-check it. I do remember them telling me that."
Daniels says this is an "abbreviated" version:
"They left out a lot of stuff because they couldn't fact-check it. I do remember them telling me that."
Necheles asks whether Daniels was saying that Trump's actions made her feel like you had to have sex with him.
Daniels: "My own insecurities made me feel that way."
Daniels: "My own insecurities made me feel that way."
Daniels: "I have maintained that he did not physically threaten me in any way."
Trump's lawyer tries to suggest that Daniels told Vogue something different in 2018, which Daniels rejects.
"You're trying to make me say that [my story] changed, but it hasn't changed."
Trump's lawyer tries to suggest that Daniels told Vogue something different in 2018, which Daniels rejects.
"You're trying to make me say that [my story] changed, but it hasn't changed."
Morning recess.
"We're back."
Necheles shows an Instagram post for Daniels' "Make America Horny Again" tour.
Necheles shows an Instagram post for Daniels' "Make America Horny Again" tour.
Necheles asks a series of questions that presumably please Trump, asking Daniels to agree that her client is a good golfer and people followed him around.
Q: He did very well at that golf tournament, right?
A: I don't remember.
Q: He did very well at that golf tournament, right?
A: I don't remember.
Daniels also replied that some recognized her too, and some of the people who followed Trump around probably included paid staff.
Asked about Trump's indictment, Daniels deadpans: "There are a lot of indictments."
Necheles: I move to strike that your honor.
Overruled.
Necheles: I move to strike that your honor.
Overruled.
Cross-ex concludes, and there's a brief sidebar before redirect.
At least, we'll see how brief it is. Standby.
Just a note on this for clarification:
The question about his being about Trump's being a good golfer was the one specifically about his doing "very well" at the tournament — not anything else.
The question about his being about Trump's being a good golfer was the one specifically about his doing "very well" at the tournament — not anything else.
Redirect begins:
Assistant DA Susan Hoffinger asks about fear being a motivator for Daniels entering the NDA, and the prosecutor asks about Daniels receiving advice about "hiding in plain view."
Assistant DA Susan Hoffinger asks about fear being a motivator for Daniels entering the NDA, and the prosecutor asks about Daniels receiving advice about "hiding in plain view."
Daniels says she was told: "Get high; stay high."
"It just means that if you're out in the open, you're safer," she says.
(This happened after the threat she said occurred in the Las Vegas parking lot.)
"It just means that if you're out in the open, you're safer," she says.
(This happened after the threat she said occurred in the Las Vegas parking lot.)
Hoffinger shows Daniels a series of text messages between manager Gina Rodriguez and then-Enquirer editor in chief Dylan Howard.
They're about Daniels talking, but the prosecutor shows the very next message the defense left out.
"She never did."
They're about Daniels talking, but the prosecutor shows the very next message the defense left out.
"She never did."
Hoffinger takes on Team Trump's suggestions about alleged omissions in Daniels' 2011 InTouch interview.
Asked if Trump's lawyer showed her that the article states the transcript had been "lightly edited," Daniels says no. intouchweekly.com/posts/stormy-d…
Asked if Trump's lawyer showed her that the article states the transcript had been "lightly edited," Daniels says no. intouchweekly.com/posts/stormy-d…
During cross, Necheles suggested that there were omissions and inconsistencies in Daniels' other interviews, including with @AndersonCooper. But the prosecutor shows the similarities.
Q: You did tell Anderson Cooper that you had sex in the hotel room?
Objection.
Overruled.
Q: You did tell Anderson Cooper that you had sex in the hotel room?
Objection.
Overruled.
As Hoffinger rattles off other consistencies, Necheles continues to object, at one point saying the interview isn't in evidence.
The judge continues to overrule her, until there's a sidebar conference.
The judge continues to overrule her, until there's a sidebar conference.
When the sidebar ends, Hoffinger asks one more, general question about how her testimony is consistent with what she told Cooper.
Hoffinger shows her this other threatening tweet someone sent her, emphasizing Daniels' point that she responds to people calling her names.
This is context for Necheles' question about her dancing down the street when Trump's "'selected' to go to jail."
This is context for Necheles' question about her dancing down the street when Trump's "'selected' to go to jail."
The prosecutor notes that the tweet Daniels responded to suggested she wouldn't be safe walking down the street.
"These were tame, actually," she says, her voice making clear it got much worse.
"These were tame, actually," she says, her voice making clear it got much worse.
Q: You did not testify before the grand jury in this case, did you?
A: I did not.
Q: So you had nothing to do with the charges in this case, did you?
Defense: Objection.
Judge: Overruled.
Q: You can answer.
A: I did not.
A: I did not.
Q: So you had nothing to do with the charges in this case, did you?
Defense: Objection.
Judge: Overruled.
Q: You can answer.
A: I did not.
Q: Have you been telling lies about Mr. Trump or the truth about Mr. Trump?
A: The truth.
A: The truth.
Asked to explain her prior testimony she's both made and lost money talking about Trump, Daniels said: "I've had to hire security, take extra precautions," and hire "a tutor for my daughter."
She notes that she has the attorney's fees judgment.
She notes that she has the attorney's fees judgment.
Asked whether her coming out against Trump been a net positive or net negative in her life, Daniels replies: "Negative"
Hoffinger: "No further questions."
End of redirect. Recross begins.
Hoffinger: "No further questions."
End of redirect. Recross begins.
Necheles shows Daniels her tweet reference earlier, noting her response to the troll
"So...tiny paid me to frame himself? You sound even dumber than he does during his illiterate ramblings."
Q: You were attacking them right back?
A: I was defending myself.
"So...tiny paid me to frame himself? You sound even dumber than he does during his illiterate ramblings."
Q: You were attacking them right back?
A: I was defending myself.
Stormy Daniels' voice gets progressively softer during the exchange about the attacks on her — but she's still collected.
In her final questions, Necheles asks about Trump's post on Truth Social: "IF YOU GO AFTER ME, I'M COMING AFTER YOU!"
Asked if it's about her, Daniels says she doesn't know whom it's directed toward — "And I've said as much."
Asked if it's about her, Daniels says she doesn't know whom it's directed toward — "And I've said as much."
On one final round of redirect, Hoffinger asks Daniels to confirm the date of Trump's Truth Social post calling her "Horse Face."
She does.
Stormy Daniels' testimony concludes, and the witness exits the courtroom.
She does.
Stormy Daniels' testimony concludes, and the witness exits the courtroom.
Next witness: Rebecca Manochio, the Trump Organization's former executive assistant and current junior bookkeeper.
"I was compelled to testify," she confirms.
"I was compelled to testify," she confirms.
When questioning turns to ex-Trump Org controller Jeff McConney, the prosecutor asks what a "controller" is.
"I'm not really sure," Manochio says.
Prosecutor (bemused): "Fair."
"I'm not really sure," Manochio says.
Prosecutor (bemused): "Fair."
Manochio is asked about the procedure for sending checks to Washington, D.C.
She would send "a few" at a time.
Q: More than 50?
A: No. [...] At one time? [...] Maybe between 10 and 20; I don't know.
She would send "a few" at a time.
Q: More than 50?
A: No. [...] At one time? [...] Maybe between 10 and 20; I don't know.
Manochio said that Deborah Tarasoff would let her know if something was missing.
Asked if she understands that she's being called as a custodian of records, Manochio says: "Yes."
The prosecutor primes the witness to identify exhibits.
The prosecutor primes the witness to identify exhibits.
The witness reads FedEx records, entered into evidence.
Q: Did you ever send anything to Keith Schiller other than checks for Mr. Trump to sign?
A: No.
A: No.
This direct examination, conducted by prosecutor Rebecca Mangold, focuses largely on the witness's close readings of FedEx records which will be submitted into evidence and eventually made public.
Clerical stuff, but it builds the paper trail at the heart of the case.
Clerical stuff, but it builds the paper trail at the heart of the case.
Quick note on the missing end of the sentence:
That should have said that Necheles' line of questioning about the claims were all objected to — and all objections sustained.
That should have said that Necheles' line of questioning about the claims were all objected to — and all objections sustained.
End of direct examination. Lunch break before cross.
Justice Merchan informs the jury that they may be ahead of schedule.
Justice Merchan informs the jury that they may be ahead of schedule.
After the jury leaves, Trump's attorney Todd Blanche signals he'll move for a mistrial. He also wants to block Karen McDougal's testimony and amend the gag order to allow Trump to respond to Daniels.
The judge schedules arguments on these for 4 p.m.
The judge schedules arguments on these for 4 p.m.
Afternoon session begins with cross of the Trump Org's bookkeeper by Susan Necheles.
Q: You would send those checks in an envelope that went to FedEx to Keith Schiller instead of to the White House?
A: Yes.
Q: You would send those checks in an envelope that went to FedEx to Keith Schiller instead of to the White House?
A: Yes.
Q: You worked as a junior bookkeeper?
A: Yes.
A: Yes.
The next witness up: Tracy Menzies, a senior VP Creative Operations and Production for HarperCollins.
She's here as another custodian of records.
She's here as another custodian of records.
The jury is getting another tour of Trump's oeuvre:
"Think Big: Make It Happen in Business and in Life."
"Think Big: Make It Happen in Business and in Life."
On the cover, Trump points his finger at the reader.
As with his buildings, his name "TRUMP" looms in big block text over everything else. His image points a finger aggressively toward the reader.
As with his buildings, his name "TRUMP" looms in big block text over everything else. His image points a finger aggressively toward the reader.
Chapter heading: "DO NOT TRUST ANYONE."
It relates his motto, "Get the best people, and don't trust them."
Context: Prosecutors want to show that Trump was a micromanager, boasted about being a micromanager and wrote many books extolling the virtue of micromanagement.
It relates his motto, "Get the best people, and don't trust them."
Context: Prosecutors want to show that Trump was a micromanager, boasted about being a micromanager and wrote many books extolling the virtue of micromanagement.
Trump extols loyalty in another passage before stating:
"People like Allen Weisselberg and Matt Calamari are great and have proven themselves over many years."
"People like Allen Weisselberg and Matt Calamari are great and have proven themselves over many years."
Another passage of Trump's book:
"My motto is: Always get even. When somebody screws you, screw them back in spades." [...]
"Getting even is not always a personal thing. It's just a part of doing business."
"My motto is: Always get even. When somebody screws you, screw them back in spades." [...]
"Getting even is not always a personal thing. It's just a part of doing business."
Cross-ex by Todd Blanche:
Q: Were you part of the publishing of this particular book?
A: No, I was not.
Q: Were you part of the publishing of this particular book?
A: No, I was not.
Q: Is it fair to say the book is 380 pages in total?
The witness agrees, after checking.
Asked if she was asked to read six pages, the witness agrees. She also agrees that she did not pick them.
The witness agrees, after checking.
Asked if she was asked to read six pages, the witness agrees. She also agrees that she did not pick them.
Next witness: Madeleine Westerhout
Westerhout was Trump's executive assistant and met with Michael Cohen in the Oval Office.
ICYMI, @Just_Security's very handy guide to figures related to the case, spearheaded by @NormEisen, with contributions by @JNKGoodman and me. justsecurity.org/94696/trump-cr…
ICYMI, @Just_Security's very handy guide to figures related to the case, spearheaded by @NormEisen, with contributions by @JNKGoodman and me. justsecurity.org/94696/trump-cr…
Q: In total, how long were you in the RNC?
Three and a half years, she says.
Three and a half years, she says.
Questioning turns to the "Access Hollywood" tape:
"At the time, I recall it rattling RNC leadership," Westerhout says, confirming that there were conversations about how to replace him as a candidate "if it came to that."
"At the time, I recall it rattling RNC leadership," Westerhout says, confirming that there were conversations about how to replace him as a candidate "if it came to that."
Westerhout recalls helping Trump interview candidates for certain positions.
"A majority of the working days from November through about January."
Since she kept scheduling high level meetings, she recalls, she earned the nickname 'The Greeter Girl.'
"A majority of the working days from November through about January."
Since she kept scheduling high level meetings, she recalls, she earned the nickname 'The Greeter Girl.'
Q: Do you know someone by the name of Michael Cohen?
A: Yes.
A: Yes.
Westerhout recalls being offered a job at the White House sitting outside the Oval Office.
"Yes, I do!" she recalls responding, with a chipper laugh. "That seems like a really cool job."
"Yes, I do!" she recalls responding, with a chipper laugh. "That seems like a really cool job."
Press pool report:
"Trump entered the hall at 2:14. He raised his first and walked into the courtroom without answering 'why is Rick Scott here and not your wife' and 'why don't you want Karen McDougal to testify'"
Via @JayShams
"Trump entered the hall at 2:14. He raised his first and walked into the courtroom without answering 'why is Rick Scott here and not your wife' and 'why don't you want Karen McDougal to testify'"
Via @JayShams
The prosecutors show the witness and jurors as a sketch of the Oval Office layout.
Q: Did anyone in the Oval Office sit closer to Mr. Trump than you?
"No," she answers, specifying that it stayed that way for at least the first few months of Trump's term.
Q: Did anyone in the Oval Office sit closer to Mr. Trump than you?
"No," she answers, specifying that it stayed that way for at least the first few months of Trump's term.
Westerhout initially sat as close to the Oval Office as one could get without getting inside, but her seating eventually changed to give her an unobstructed view of the Resolute Desk.
Westerhout:
[Trump] preferred speaking to people in person or over the phone.
[Trump] preferred speaking to people in person or over the phone.
Westerhout recalls Trump speaking to people over the phone as early as 6:30 a.m. and until quite late in the night, after she went to bed.
She says, with a slight laugh, that she felt bad about that.
She says, with a slight laugh, that she felt bad about that.
Q: Did Mr. Trump use a computer?
A: Not to my knowledge.
Q: Did Mr. Trump use an email account?
A: Not to my knowledge.
A: Not to my knowledge.
Q: Did Mr. Trump use an email account?
A: Not to my knowledge.
Q: Did Mr. Trump like to read?
A: Yes.
A: Yes.
Westerhout confirms she coordinated with the Trump Org "on some things."
Westerhout says her primary point of contact at the Trump Org was Rhona Graff. She would pass along Trump's questions for the company's employees, and vice versa.
Exhibit: Email from Rhona Graff to Westerhout, with an Excel spreadsheet attachment.
It's a redacted contact list, the witness says.
It's a redacted contact list, the witness says.
Westerhout:
"This is a contact list of the President's friends, family and people he might like to speak to."
On the second page, there's Bill O'Reilly, David Pecker, Jeanine Pirro, Allen Weisselberg, Steve Wynn, Maryanne Trump, Robert Trump, Tiffany Trump and others.
"This is a contact list of the President's friends, family and people he might like to speak to."
On the second page, there's Bill O'Reilly, David Pecker, Jeanine Pirro, Allen Weisselberg, Steve Wynn, Maryanne Trump, Robert Trump, Tiffany Trump and others.
Also on the spreadsheet: Michael Cohen.
Next exhibit:
A text exchange between Westerhout and Hope Hicks.
A text exchange between Westerhout and Hope Hicks.
"Hey- the president wants to know if you called David pecker again."
— Westerhout to Hicks on March 20
She can't recall the year, but the filename of the screenshot says 2018. pdfs.nycourts.gov/PeopleVs.DTrum…
— Westerhout to Hicks on March 20
She can't recall the year, but the filename of the screenshot says 2018. pdfs.nycourts.gov/PeopleVs.DTrum…
Q: Did you ever see Mr. Trump sign checks in his office?
A: Yes.
A: Yes.
Westerhout says she saw Trump sign checks.
Westerhout is asked to review this email to Rhona Graff about Trump's dues to the Winged Foot Golf Club for $6,974.01.
Trump wrote, in marker: "PAY" — followed by "ASAP" and "OK," plus his abbreviated initials.
Trump wrote, in marker: "PAY" — followed by "ASAP" and "OK," plus his abbreviated initials.
Exhibit: An email exchange between Westerhout and Graff, about purchasing a picture frame for his mother.
It's "on the pricey side .. about $650 minus %15 discount. Does DJT want to spend that much?"
It's "on the pricey side .. about $650 minus %15 discount. Does DJT want to spend that much?"
Westerhout on Melania:
She laughed a lot when they came into the Oval Office.
"I just really respected their relationship," she says, referring to the Trumps.
Q: Did anything about their relationship change after the Stormy Daniels relationship came down?
A: Not that I saw.
She laughed a lot when they came into the Oval Office.
"I just really respected their relationship," she says, referring to the Trumps.
Q: Did anything about their relationship change after the Stormy Daniels relationship came down?
A: Not that I saw.
Like Hope Hicks before her, Westerhout cries on the witness stand after recalling saying something she shouldn't have during an event that she believed to have been off the record.
Her voice is still wavering.
Her voice is still wavering.
Westerhout's book "Off the Record: My Dream Job at the White House, How I Lost It, and What I Learned" is shown to the jury.
End of direct examination.
Cross begins.
End of direct examination.
Cross begins.
On cross, Susan Necheles notes Westerhout's book was entirely flattering to Trump.
Q: You thought he was a great person to work for?
A: Yes.
Q: You thought he was a good president?
A: Yes.
Q: You thought he was a great person to work for?
A: Yes.
Q: You thought he was a good president?
A: Yes.
Here is coverage from the time of Westerhout's ouster — and what she was quoted saying.
washingtonpost.com/politics/trump…
washingtonpost.com/politics/trump…
Q: They're calling you 'The Greeter' was a little bit belittling to your work?
She says it was, and notes that people called her unqualified for the position.
She says it was, and notes that people called her unqualified for the position.
* Their.
Q: After the transition, you moved to the White House, right?
A: Yes.
A: Yes.
Asked what working with Trump was like, Westerhout called it "amazing." He never made it seem like a "big deal," like she "didn't deserve that job" — or that she "didn't belong there."
"I just found him very enjoyable to work for," she says.
"I just found him very enjoyable to work for," she says.
Westerhout agrees with Trump's attorney that he had a close relationship with his children.
Westerhout delivers her sentimental reflections about Trump's interactions with Melania directly to jurors.
One appears to smile and nod; others seem impassive.
One appears to smile and nod; others seem impassive.
Necheles asks about Westerhout's conversations with Rhona Graff from the White House
Q: This didn't have to do with Trump Organization business, did it?
A: No.
Q: This had to do with personal affairs.
She agrees.
Q: This didn't have to do with Trump Organization business, did it?
A: No.
Q: This had to do with personal affairs.
She agrees.
Trial adjourns for the day to leave at least a half hour for oral arguments on the motions for a mistrial, to block Karen McDougal's testimony, and to amend the gag order.
Justice Merchan gives his usual instructions to the jury.
Standby for oral arguments.
Justice Merchan gives his usual instructions to the jury.
Standby for oral arguments.
As Trump leaves, a spectator tells Trump: "God is with you. Stay strong."
The man is escorted out — no outbursts, any outbursts, whatever the content, are allowed in court.
The man is escorted out — no outbursts, any outbursts, whatever the content, are allowed in court.
Trump's attorney Todd Blanche: "The People informed me that they no longer intend to call Ms. McDougal."
That knocks down the pending motions to two.
That knocks down the pending motions to two.
Blanche wants Trump to be able to respond to what the lawyer describes as a completely new version of events by Stormy Daniels.
Blanche says the only witness left that is the subject of the gag order is Michael Cohen.
"He's going to be asked repeatedly ... about the new issues of consent," he says.
He says "there are voters out there" who will ask him about it.
"He's going to be asked repeatedly ... about the new issues of consent," he says.
He says "there are voters out there" who will ask him about it.
Assistant DA Christopher Conroy:
It seems like the other side lives in a completely alternate reality.
It seems like the other side lives in a completely alternate reality.
Conroy:
If someone wants to respond to something that's said, it should happen "in this room"; it shouldn't happen "out there," gesturing to the hallway.
If someone wants to respond to something that's said, it should happen "in this room"; it shouldn't happen "out there," gesturing to the hallway.
Conroy notes that there are people that will make Trump's case out in the public.
"Unfortunately, we've seen the results" of Trump's public attacks, including explosion and threat cases against the DA's office.
"Unfortunately, we've seen the results" of Trump's public attacks, including explosion and threat cases against the DA's office.
Conroy says the judge "has seen firsthand" about the threats trial participants have faced.
"I spoke to a witness last night, a custodial witness," who puts in records, "who was worried about safety," he says.
"I spoke to a witness last night, a custodial witness," who puts in records, "who was worried about safety," he says.
Conroy:
"This order is not designed just to protect the witness when they're done" on the witness stand.
"This order is not designed just to protect the witness when they're done" on the witness stand.
Conroy:
"Let's not pretend" that Trump is interested in fostering "high-minded discourse."
"Let's not pretend" that Trump is interested in fostering "high-minded discourse."
Blanche reiterates his claim that Daniels testified about a "completely different version of events."
Justice Merchan challenges him on that point, asking for specifics.
He recites a darker passage from the transcript of her testimony, with the "blacked out" line.
Justice Merchan challenges him on that point, asking for specifics.
He recites a darker passage from the transcript of her testimony, with the "blacked out" line.
Merchan: "I don't see what you're referring to as a new set of facts, about a new theory of the case."
Justice Merchan:
"My concern is not just about protecting Ms. Daniels. My concern is about protecting the integrity of these proceedings as a whole. [...]
They are going to see how witnesses who have testified will be treated by your client."
"My concern is not just about protecting Ms. Daniels. My concern is about protecting the integrity of these proceedings as a whole. [...]
They are going to see how witnesses who have testified will be treated by your client."
Merchan says he can't just take Blanche's word that Trump's response will be low-key and not an attack.
"That's just not the track record."
He adds later: "Your client's track record speaks for itself."
Request to amend the gag order DENIED.
"That's just not the track record."
He adds later: "Your client's track record speaks for itself."
Request to amend the gag order DENIED.
Next up: The motion for a mistrial.
Blanche says that he can memorialize the defense arguments in writing over the weekend.
Blanche says that he can memorialize the defense arguments in writing over the weekend.
Throughout post-trial arguments, Blanche has described Daniels' darker account of the tryst with Trump as completely new.
It's worth comparing Daniels' testimony with her interview last year by @OliviaNuzzi.
It's worth comparing Daniels' testimony with her interview last year by @OliviaNuzzi.
https://x.com/Olivianuzzi/status/1787924994581798942
@Olivianuzzi Blanche calls the level of detail irrelevant:
"This is not a case about sex."
It's not about whether the sex took place or didn't take place, he adds.
"This is not a case about sex."
It's not about whether the sex took place or didn't take place, he adds.
Blanche recites the passage of the transcript where Daniels quoted Trump trying to talk her into sex by telling her "[i]f you ever want to get out of that trailer park."
Blanche, with some indignation: "You have jurors who are now hearing about an imbalance of power between a man and a woman."
He says that isn't relevant to the case.
He says that isn't relevant to the case.
Blanche faults prosecutors for asking "do you remember how your clothes got off," "Is that a memory that has not come back to you" and other inquiries.
"There's no reason for that question, your honor. It shouldn't have been asked."
"There's no reason for that question, your honor. It shouldn't have been asked."
Merchan notes that he sustained objections after many of the lines Blanche cited.
On Daniels saying Trump didn't wear a condom, Blanche says the defense didn't know there was a series of questions. He calls the line of questions "so prejudicial."
"It's a dog whistle for rape."
"It's a dog whistle for rape."
ADA Steinglass responds to Trump's lawyer's presentation:
"The claim of ambush is just nonsense. The claim of changing the story is just extraordinarily untrue."
"The claim of ambush is just nonsense. The claim of changing the story is just extraordinarily untrue."
Steinglass:
"This is not a change of story, as they’re trying to characterize it."
What's more, Trump lawyer Susan Necheles probed any inconsistencies in her “very thorough” if “misleading” cross-examination, he adds.
"This is not a change of story, as they’re trying to characterize it."
What's more, Trump lawyer Susan Necheles probed any inconsistencies in her “very thorough” if “misleading” cross-examination, he adds.
Steinglass argues the details were necessary to back up Daniels' credibility amid Trump's attacks against her:
"Those are the kind of details that make the account more credible."
"Those are the kind of details that make the account more credible."
Steinglass:
"They're basically trying to have their cake and eat it too."
They're trying to claim that Daniels' account is false, while barring details that corroborate the account.
"They're basically trying to have their cake and eat it too."
They're trying to claim that Daniels' account is false, while barring details that corroborate the account.
Steinglass defends eliciting testimony about the spank.
If prosecutors didn't do that, the defense would have invoked it to undermine her testimony that she was surprised when the encounter turned sexual.
If prosecutors didn't do that, the defense would have invoked it to undermine her testimony that she was surprised when the encounter turned sexual.
Steinglass turns to the detail about the condom:
That relates to Daniels' earlier testimony about strict safety measures in the pornographic film industry, another corroborating detail, he says.
That relates to Daniels' earlier testimony about strict safety measures in the pornographic film industry, another corroborating detail, he says.
Steinglass, emphatically and loudly:
"Those messy details: That is motive."
"Those messy details: That is motive."
Steinglass says he's happy to make a sealed record of more salacious details that are "highly corroborative," yet not put into the record, so as to "avoid embarrassing the defendant."
Justice Merchan was about to rule before Trump's lawyer Todd Blanche stands up to respond.
After a short interjection, the judge sits him back down, before pronouncing his ruling.
After a short interjection, the judge sits him back down, before pronouncing his ruling.
Justice Merchan says he reviewed his pre-trial motions setting the boundaries surrounding the admission of evidence as trial, known as motions in limine.
Judge:
Mr. Blanche, you denied that there was a sexual encounter between Stormy Daniels and the defendant.
Mr. Blanche, you denied that there was a sexual encounter between Stormy Daniels and the defendant.
* rulings.
Merchan notes that Blanche made that remark in opening statement, leaving a controversy for the jury about whom to believe.
Justice Merchan notes that Trump's lawyer didn't object to objectionable remarks multiple times:
"There were many times, not once or twice, when Ms. Necheles could have objected, but didn't."
"There were many times, not once or twice, when Ms. Necheles could have objected, but didn't."
Merchan notes that he objected "sua sponte" (of his own accord) after Ms. Daniels' remark about the "trailer park."
When she did object, the judge said: "Virtually every single one of her objections was sustained."
When she did object, the judge said: "Virtually every single one of her objections was sustained."
Merchan notes there was no objection of the line of questioning about the condom:
Why she wouldn't object to a mention of the condom I don't understand
Why she wouldn't object to a mention of the condom I don't understand
Merchan notes that, at a sidebar conference, prosecutors wanted to bring in a 2019 documentary about Roger Ailes called "Bombshell," addressing the sexual harassment scandal.
The judge immediately ruled he wouldn't let that in.
"I did that to protect your client," he says.
The judge immediately ruled he wouldn't let that in.
"I did that to protect your client," he says.
Judge:
Your motion for a mistrial is DENIED.
Your motion for a mistrial is DENIED.
Trump exits.
See you tomorrow morning.
See you tomorrow morning.
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