#Trump is charged w/falsifying 34 business records to cover up a $130k payment to #StormyDaniels, who has said they had a sexual encounter in 2006 & was shopping that story in the weeks before the 2016 presidential election.
Trump denies the charges & ever having had sex w/ either woman.
The prosecution’s discussion of the deal w/ #KarenMcDougal —brokered in summer 2016— demonstrated that the payment was part of a #conspiracy to #influence that year’s #election.
Pecker said that McDougal’s payment was disguised as a contract for services, to avoid violating #CampaignFinance#laws.
“I wanted to protect my company, I wanted to protect myself & I wanted also to protect Donald Trump,” #Pecker said.
Pecker was asked whether he believed #Trump was concerned that his wife or family would find out. But Pecker suggested that Trump’s concerns were electoral, not personal.
Pecker testified to at least 2X when Trump asked after #KarenMcDougal, referring to her at a Trump Tower meeting as “our girl.” He also asked about her during a meeting at the #WhiteHouse.
#Pecker said on Tues he had agreed to be the “eyes & ears” of the #TrumpCampaign & used #AMI to deal w/threats to #Trump’s reputation.
After the #AccessHollywood tape came out in Oct 2016, where Trump’s boasts about groping women, one of Pecker’s editors scrubbed an AMI publication’s website of a 2008 article describing Trump as a “playboy man.”
Despite that, #Trump often made his displeasure known, #Pecker testified, either through #MichaelCohen or direct calls. Pecker described Trump as “very angry” & “very aggravated.”
Pecker said, “I felt that Donald Trump was my mentor,” Pecker said, adding, “I still consider him a friend.”
Trump’s lawyers, led by Emil Bove, started their #CrossExamination trying to show that such deals were “standard operating procedure” in the supermarket #tabloid business.
Pecker described a 2002 meeting in which #ArnoldSchwarzenegger asked Pecker not to run negative stories about him before his run for governor of California. He was elected & served 2003-2011.
#NationalEnquirer fmr publisher David #Pecker’s testimony is expected to conclude today. He’s already spent 3 days on the stand.
#Trump, addressing reporters before entering the courtroom, wished his wife, #Melania, a happy birthday on camera. Then entered the courtroom where he’s on trial for falsifying records to silence 2 women about having extramarital affairs w/him to hide it not from her but from his evangelical Christian electorate. JFC
Justice Juan #Merchan is on the bench & announces a scheduling clarification, saying that another hearing to determine whether Trump violated his #GagOrder will be held next Thurs morning. We are still waiting for the outcome of Tuesday’s hearing on the gag order, in which prosecutors asked that Trump be held in #contempt & fined at least $10k.
The jury is seated & one of the defense lawyers, Emil Bove, resumes his #CrossExamination. #Bove apologizes for making it seem yesterday as if Pecker had lied in a conversation w/ federal prosecutors about whether #HopeHicks had been present for a meeting in #Trump Tower.
Prosecutors have described the meeting, which occurred in 2015, as central to the #conspiracy at the heart of this case.
#Bove asks #Pecker to describe the negative stories that The #NationalEnquirer ran about #Trump's 2016 #Republican opponents, #BenCarson, #MarcoRubio & #TedCruz. He argues, as he did yesterday, that it was standard operating procedure to run articles like these, in which The NE reran previously reported content. Bove is still trying to convince the #jury that Pecker didn't have some special arrangement w/Trump: Instead, his publication was doing what it had always done.
FYI
Yesterday, prosecutors asked #Pecker to walk through his non-prosecution agreement in connection w/the 2018 federal investigation into the actions of #MichaelCohen & #NationalEnquirer’s parent company #AMI.
#Merchan told the jury that it was offered to provide context & to help them assess Pecker's credibility. He added that it wasn’t evidence of #Trump's guilt.
#Bove leading the #CrossExamination of #Pecker, is trying to drive home the idea that The #NationalEnquirer recycled news from other publications. It is seemingly an effort by Bove to show that Pecker wasn't moving mountains to find damaging info about Trump's Republican opponents during the 2016 presidential race.
#Trump is sitting at the defense table w/ his eyes shut as Pecker testifies.
#Bove spent a fair amount of time reviewing articles that he said had recycled content in them. But he didn't fully explain how this was standard practice for The #NationalEnquirer, & he has now moved on to another topic. It was somewhat difficult to follow what exactly it was that Bove was trying to imply.
Bove is currently arguing that it was fairly well-known, if not widely spoken about, that The NE was trying to help #Trump during his 2016 campaign.
However when one of the negative stories about #TedCruz came out in 2016 #Trump said:
"I did not know about it, & have not, as yet, read it. Likewise, I have nothing to do w/ the #NationalEnquirer & unlike Lyin' Ted Cruz I do not surround myself w/ political hacks & henchman & then pretend total innocence."
The suggestion by Trump’s lawyer that what #Pecker did for Trump was #SOP is belied by ~20yrs of Pecker helping him.
#Bove is asking #Pecker about #Dino Sajudin, the #doorman w/a story to sell about #Trump fathering a child out of wedlock. Sajudin was at the heart of the 1st #CatchAndKill deal, in which The NE purchased the story & did not publish it. Bove asks Pecker to repeat that he believed that if the story were true, “it could be the biggest #NationalEnquirer article ever.” Bove appears to be trying to suggest that Pecker would have published it had he been able to verify it.
Even though #Pecker knew the story was false, he paid $30k for it. He previously testified that he thought it would have been an embarrassment to the #TrumpCampaign. But #Bove is trying to get Pecker to agree that he instead paid for the story to avoid losing it to another publication.
Prosecutors repeatedly object to defense’s use of “President Trump” to refer to a meeting in June 2016, pointing out that #Trump wasn’t president at that point. Justice #Merchan sustains.
#Bove keeps jumping between topics during his #CrossExamination of #Pecker. Trump seemed engaged yesterday when this line of questioning began, today he’s more lethargic — sitting slumped in his chair, & he just tried to disguise a yawn.
#Bove is making an important point right now about an agreement that The #NationalEnquirer made w/ #KarenMcDougal, the fmr Playboy model whose story about an affair w/ #Trump the tabloid purchased & sought to bury. Prosecutors had tried to suggest that the agreement - which included a number of different benefits for McDougal - was made to disguise a $150k #HushMoney payment.
Bove is pointing out that McDougal actually did receive the benefits of the agreement.
#Bove tries to emphasize that #KarenMcDougal's primary focus was not cash, but the desire to restart her career.
#Pecker gets confused for a moment, but eventually agrees that McDougal was focused on her career. This is not an earth-shattering point, but, if the jury is able to follow it, it helps pick away at the prosecution's argument about this agreement.
#Bove's point is that #AMI, The #NationalEnquirer's parent company, did print health columns by #KarenMcDougal - ghostwritten by others - & put her on magazine covers, not in The NE but in its lifestyle publications.
But after executing the deal in Aug, the company did none of that until well after WSJ reporters revealed the existence of the deal in Oct 2016.
When #Pecker wanted to put #KarenMcDougal on the cover of Men's Journal, she refused to cooperate, so they used an old image. His staff believed Pecker did that to make the case that their deal was legit.
#Bove presses Pecker about telling #MichaelCohen the agreement w/McDougal was "bulletproof."
Pecker was trying to please 2 conflicting parties: #Trump, who wanted the story buried, & his own lawyers, who were concerned that the deal w/ McDougal could be illegal.
#Pecker doesn't want to say that he was being misleading, but #Bove is hitting on a contradiction: Either Pecker misled #MichaelCohen, or the legal agreement was in fact "bulletproof" & thus not unlawful.
of course it doesn’t really matter because the charges have nothing to do w/the McDougal agreement, it’s discussion is purely background.
@Nonilex. I'm so glad you added this last part about this only serving as context. Lord knows how the #media will cover these matters that don't matter.
Bove asks #Pecker about how #Comey & Trump later had a contentious relationship. Prosecutors object, & Bove asks for a sidebar. Justice #Merchan sustains the objection.
#Bove’s voice got very sharp as he asked #Pecker about whether Pecker had made an error yesterday when he said #Trump thanked him for his #CatchAndKill of the doorman’s story. “Was that another mistake?” the lawyer asked, loudly. “Do you believe that President Trump said that to you as you sit here right now?”
Bove reminds Pecker that it’s a crime to lie under oath.
Pecker reiterates that #Trump thanked him at the Jan 6, 2017 meeting at Trump Tower, in front of a group of future admin ofcls.
#Bove is suggesting that #Pecker testified inconsistently: in 2018, acc/to #FBI notes, he told agents that Trump had not thanked him at the Jan 6 meeting. That contradicts w/what he said yesterday & again today. Pecker resisted the implication that he contradicted himself but agrees. Bove is satisfied& the jurors are excused for a break.
The jury & judge are back in the courtroom after midmorning break, David #Pecker is on the stand & his #CrossExamination is now resuming.
#Bove is back on cross, #Blanche, another defense lawyer, sits in Bove’s empty seat. Blanche seems intent on flanking #Trump as much as possible.
(Maybe to prod him awake before he starts to drool)
#Bove asks #Pecker's about his meetings w/prosecutors.
Pecker says they were not "stressful," as #Trump's lawyer suggests, he says he wanted it to be over - who wouldn’t?
The defense presents #AMl's non-prosecution agreement w/SDNY.
Bove suggests AMI was having financial issues at the time - were discussions w/the Hudson News Group to acquire the #NationalEnquirer.
#Bove asks, “You knew that to consummate that deal, you had to finalize the investigations, correct?”
#Pecker admits that put some pressure on the negotiations, but says, “From the tabloid's standpoint, that would have added on to the stress of the transaction.” He doesn’t say it put personal pressure on him.
Pecker says, “There was no drop dead date, that it had to be completed by a certain time.”
#Bove points out the section of the non-prosecution agreement stating the federal govt "will not criminally prosecute" #AMI.
Asked whether there's mention of a #CampaignFinancial violation in the agreement, #Pecker answers, “No."
Bove tries to get Pecker to say money wasn’t part of the #Trump Tower meeting agreement.
Pecker corrects Bove, “There was a discussion that I was going to be the eyes and ears of the campaign," including notifying #MichaelCohen of women selling stories.
#Bove has been trying to get him to admit that his testimony contradicted what his attys told the state in 2019. The statement in question concerns the Trump Tower meeting in 2015, in which Pecker agreed to help #CatchAndKill negative stories about #Trump.
Bove said Pecker’s lawyer had told state prosecutors that it was inaccurate that Pecker had agreed, at that meeting, to suppress the stories on Trump's behalf.
But #Pecker clarifies that what his lawyer said in 2019 was simply that he had never offered to buy those stories on #Trump’s behalf. As Pecker reminds us, he instead offered to serve as Trump’s eyes & ears, looking out for negative stories.
Several times now #Bove has tried to catch Pecker in a lie. But Pecker is not going along w/it, he is repeatedly disagreeing w/Bove & fighting back against the attacks. It’s hurting defense more than helping.
#Steinglass, the prosecutor, uses defense atty #Bove’s repetition of the phrase “standard operating procedure” against him, as he points out all the parts of the agreement w/ #KarenMcDougal that were not standard. Pecker agrees w/ Steinglass throughout as he asks him these questions, hurting the defense's argument.
Redirect gives Pecker the opportunity to clarify testimony muddled under cross-examination.
“All that base loved reading positive stories about Donald Trump. And when he announced his presidency, going from The Apprentice to running for the president of the United States, our sales increased. Newsstand sales increased,”Pecker says.
Steinglass sums it up as follows, “Running stories about Mr. Trump appealed to your readership.”
#Pecker will be back on the stand when court resumes.
Before leaving, Todd #Blanche, one of Trump's attys, asked Justice #Merchan to direct prosecutors to say who the next #witness would be. One of the prosecutors responded that Susan Necheles, another #Trump lawyer, already knew. Trump leaned over & asked Necheles, “Who is it?” She seems to have responded because he said, “Ah.” Then he got up.
#Steinglass asks if #Pecker considers #NationalEnquirer's circulation to include everyone who looks at covers while waiting in supermarket checkout lines.
#Steinglass read back to Pecker portions of his testimony from yesterday that #Bove, the #Trump lawyer, questioned earlier.
The testimony relates to Pecker saying Trump thanked him for the #CatchAndKill of stories about #KarenMcDougal & the doorman’s story an illegitimate child.
#RhonaGraff says she worked at the #TrumpOrganization for 34yrs. Her understanding was that #Trump owned the company & she worked directly for him.
#Graff says her lawyers are being paid by the #TrumpOrg. This is a running theme w/many witnesses close to Trump - he or his PAC have continued to pay their #legal fees.(#WitnessTampering, #MobTactics)
#MichaelCohen flipped on Trump, partly because the Trump Org stopped paying his legal fees.
Susan #Hoffinger, the prosecutor, is asking #RhonaGraff to verify that she compiled records of various items like emails & contact lists & calendar entries.
Prosecution presents a redacted entry from the #TrumpOrganization's computer system that contains contact information for #KarenMcDougal & “Stormy”
Asked whether she understood #StormyDaniels was an adult film actress, Graff replies: "Yes, I did."
#RhonaGraff testifies that she saw #StormyDaniels at #Trump Tower, in the waiting area of the 26th floor, where Trump’s office is located.
Susan #Hoffinger, the prosecutor, wraps up. Susan #Necheles is now cross-examining #Graff for the defense.
Trump cracks a small smile as Graff speaks glowingly of her time working for Trump. She says she never had the same day twice & called Trump “fair” as a boss.
Before #Hoffinger wrapped direct, we again heard the name of #HopeHicks, Trump’s spox during the 2016 #TrumpCampaign & in the #WhiteHouse. There was not an apparent reason to reintroduce her, it may be that prosecutors laying foundation for future evidence/testimony in proceedings.
#RhonaGraff testifies rather sycophantically about the success of “The Apprentice,” calling it THE most popular TV show & saying #Trump acquired “rock-star status.”
Under direct, Graff verified Trump had contact entries for both #KarenMcDougal & #StormyDaniels. Graff also confirmed she saw Daniels at Trump Tower.
Now, #Necheles, Trump's lawyer, suggests that visit by Daniels could have been about appearing on "The Apprentice."
#Necheles asks #RhonaGraff if she wants to be here or not. Graff says she does not, & indicates that the only reason she's testifying is because she was subpoenaed & the #TrumpOrganization is paying her legal fees.
Graff is done testifying. #Trump stands as Graff is leaving, approaches & touches her hand. Justice #Merchan, stands too, waiting for the lawyers to come to the bench. Given all the focus on witnesses & Trump interacting w/them, that was weird. The court takes a recess.
Rebecca #Mangold will question Farro for prosecution. She’s been on the team several yrs, & typically sits w/Chris #Conroy, another prosecutor, behind the main table.
#GaryFarro says that he was thought of as someone who was good at working w/ “individuals who may be a little challenging,” though he says he didn’t find #MichaelCohen “difficult.” He also comments on Cohen’s apparent excitement to be working for #Trump.
Cohen set up the account in Oct 2016 & funded it from his home equity line of credit. About 2 wks before the 2016 election, he wired the payment to #KeithDavidson, a lawyer for #StormyDaniels.
Acc/to NBC, the email, from Oct 26, 2016, had the subj line, “First Republic Bank Transfer” & confirmed that “the funds have been deposited into your checking account.”
#Mangold questions #GaryFarro slowly & deliberately. Farro says #MichaelCohen was eager to connect & wanted to open a LLC immediately. Farro opened an account for him & specified that Cohen didn't want addresses on the checks.
The #Trump team already told the #jurors that Cohen is a liar who is out to get revenge. But the witnesses depict him as an anxious man, who would do anything for the boss.
“Every time Michael Cohen spoke to me, he gave me a sense of urgency," Farro testifies.
@Nonilex It's stretching credulity for Bove to suggest that the tabloid of gossip, scandal and aliens cared enough about accuracy to kill the doorman's story for lack of corroboration.
@lesblazemore@Nonilex I think Bove is doing a good job of planting seeds to use later. He has tried to suggest that Pecker was relying on advice of counsel (sustained objections from the prosecution, but he will keep trying throughout the trial) and is showing that the Enquirer would have purchased the McDougal and doorman stories without Trump's urging. But only tiny points, as none of this provides a business reason for Trump and Cohen paying off Stormy Daniels.
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