Nonilex, to Law
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Start of testimony day3 (I’m not counting jury selection or off days) 🧵

Publisher to Resume Testimony

, the longtime publisher of The , is expected to return to the stand & describe the deal w/ at the heart of the case, in which is charged w/ 34 .

Nonilex,
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#Pecker says allegations about women & #Trump were always met by this response from #MichaelCohen, Trump's fmr fixer: "It's not true."

#Cohen, Pecker & #DylanHoward, the #NationalEnquirer editor who interviewed #KarenMcDougal, had a phone call after the interview. Howard said that McDougal claimed to have had an affair w/Trump. Cohen immediately denied the affair happened, but then said that he would look into it. Eventually, he said that a member of the group should try to buy the story.

#law

Nonilex,
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Joshua , the prosecutor, is now asking about a call he had w/ about after interviewed her. Steinglass is emphasizing Trump’s direct personal involvement.
Pecker testifies Trump described Karen McDougal as "a nice girl." Pecker said this conversation made him believe that Trump "knew who she was." Trump is stone-faced as Pecker talks about this conversation.

Nonilex,
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is now describing a follow-up conversation w/ in which he asked Cohen who would pay for KarenMcDougal's story. This was a central concern for Pecker. Cohen reassured him, telling him, "The boss will take care of it."

A recurring theme is the concern over who would pay for these Trump-related efforts. Pecker is now attesting to a key point prosecutors made in their opening statement, that was famously frugal.

Nonilex,
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testifies that he knew "didn't have any authorization to disperse any funds from" the TrumpOrg. Even when the 2 went for lunch, Pecker says, Pecker always paid.

Pecker testifies that after negotiating w/ , he again asked Cohen who would pay. Cohen - who previously said that would - this time said, "You should pay." Pecker was reluctant, having already purchased another story on Trump's behalf, but Cohen swore he would eventually be made whole by Trump.

Nonilex,
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In addition to $150k for her lifetime rights, says that had a number of other requests, including being able to write for celebrity magazines, appearing on the cover of health & fitness magazines, & starting her own fitness clothing line & beauty product line. She also wanted to work as a red-carpet anchor.

Nonilex,
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is now describing a 2002 conversation w/ where he asked Pecker not to run negative stories about him before his run for governor of California. He was ultimately elected & served from 2003-2011.

Pecker says that women did come forward about relationships that they had w/Schwarzenegger & he did not publish stories on them. One that Pecker passed on ended up in The Los Angeles Times.

Nonilex,
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talked about for a long time, coming off as meandering as he described doing deals for Schwarzenegger once he entered politics. But Joshua , the prosecutor, then helped him link those deals to the matter at hand, asking: "Did you come to appreciate the legalities surrounding such an arrangement w/a political candidate?"

Pecker says he did.

The LA Times’ story about Schwarzenegger was very damaging.

Nonilex,
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is openly admitting to his involvement in the scheme & is doing so quite candidly.

Pecker is now detailing the agreement , Enquirer's parent company, struck w/ . The contract guaranteed she would be put on 2 magazine covers & that the company would have the right to publish fitness columns by her. It's worth noting how bizarre this set-up was. It wasn't just buying her story — it was also giving her work w/AMI.

Nonilex,
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The deal went above & beyond for & included the hiring of ghostwriters to pen her stories.

says that the contract was intended to stipulate that McDougal would perform "services" for , that there was a basis for the $150k she was receiving.

Pecker is asked if The had any intention to publish McDougal's story. Pecker is blunt: "No, we did not."
This is pure .

Nonilex,
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's last few minutes of testimony were key. He said that his company had disguised the payment to as a deal for services she would perform for .

This is important for the prosecution's case:

They have to show that the that they accuse of participating in to win the 2016 election was conducted through "unlawful means." Pecker just indicated that it was.

Nonilex,
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"This is a very, very large purchase," says of paying $150k to .

Prosecution introduces invoices & vouchers showing the payments to McDougal.

, prosecutor, is walking Pecker through a pretty extensive set of exchanges w/ & then transactions to create a payment voucher for McDougal's lawyer.

There's a sense of anxiety around all that was taking place to try to justify this payment internally & to placate 's team.

Nonilex,
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#Steinglass drills into a critical element of the prosecution's case: that these payments to #KarenMcDougal were made to #influence the #election.

#Pecker confidently identifies exhibits that corroborate his story about McDougal.

Pecker admits straightforwardly that he didn't "want this story to embarrass Mr. Trump or embarrass or hurt the campaign."

The testimony neatly establishes that #Trump knowingly violated #CampaignFinance laws.

#criminal #law #TrumpTrial #ElectionInterference

Nonilex,
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is now describing Trump's interest in obtaining boxes of material regarding , saying that was worried about what would happen if Pecker got "hit by a bus" or his company was sold. Trump "did not want someone else to potentially publish those stories."

Pecker testifies that he was expecting to be paid back for the $150k he sent to Karen McDougal. This is a very important bridge to the third & final deal.

Nonilex,
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Because had such a hard time getting to reimburse him, he was later unwilling to buy a third story, 's story of having had sex w/Trump. Thus, bought her story instead, leading us straight to the charges at issue.

Nonilex,
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We still haven't reached the payment from which the charges themselves ultimately stem. But 's testimony about the deal is important for the prosecution's argument about 's intent: They argue that he was seeking to win the election through illegal means & the specifics of the McDougal deal help to bolster that argument.

Nonilex,
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, the man used in an ultimately failed effort to secretly obtain reimbursement for the deal, was his own of sorts. Pecker had long used him to deliver the news that employees would be fired, to the point that Rotstein became known at Pecker's company as "Dr.
Death."

David Pecker is describing 's creation of a , , to reimburse Pecker for his to McDougal.

Nonilex,
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, who was then 's , would later set up a similarly named company, , to .

Lots of evidence per the disguised monetary transactions related to the deal. But most of the are still paying close attention, turning their heads from the prosecutor, Joshua , to the , , & back again.

Nonilex,
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Prosecutor wrapped up questions about by asking about a contentious exchange w/ , in which Pecker got concerned about the potentially implications of the deal.

Cohen was upset & screamed: "The boss is going to be very angry at you."

Pecker — thoroughly anxious then - was firm.

“The deal is off," Pecker recalled telling him. Pecker concluded by saying that he was never paid for the McDougal deal & there was a 20-min break.

Nonilex,
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While were on break, the argued about a complex matter involving in certain exhibits. Defense succeeded in not allowing in texts between , editor of The in 2016, & a family member about Trump's election. But Justice also endorsed prosecution's interpretation of 's arrangement w/ & as a .

Nonilex,
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#Pecker has just returned to the stand, prosecution & defense have made clear he'll be back tomorrow.

With Pecker back, we turn to the infamous #AccessHollywood tape.

The tape, which Pecker is describing, features Trump boasting about grabbing women's genitals.

Pecker describes it as "very embarrassing, very damaging" to the #TrumpCampaign.

It was released on Oct 7, 2016.

#criminal #law #Trump #TrumpTrial #GagOrder #CatchAndKill #conspiracy #ElectionInterference #HushMoney

Nonilex,
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#Trump muttered something out loud when #Pecker offered this analysis.

#Steinglass just brought up #HopeHicks, Trump’s fmr comms aide, asking about an email chain that was forwarded to her the day after the #AccessHollywood tape came out. Steinglass asks Pecker if he’s ever known Trump to use email. The answer was no (tho in the last ~18 mos, Trump started texting w/people for the 1st time).

#criminal #law #TrumpTrial #GagOrder #CatchAndKill #conspiracy #ElectionInterference #HushMoney

Nonilex,
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describes an urgent call from The 's editor, , in Oct 2016, in which he was informed that was shopping a story of a sexual affair w/ for $120k.

Trump is subdued & not exhibiting much emotion as Stormy Daniels comes up. But the stress of the moment is more apparent on his lead lawyer, Todd , who crossed his arms over his chest after she was brought up.

Nonilex,
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says he didn’t want The associated w/a porn star [puhlease, what it might soil their stellar journalistic reputation?], meaning , because one of the tabloid's biggest distributors was Walmart, where a lot of families shop.

Nonilex,
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has seemed at ease during this direct examination of . He is the most recent addition to this prosecution team but he is a veteran prosecutor at the Manhattan DA's office. He previously led the effort to convict the in 2022 & also secured a conviction against 2 for a violent brawl in 2019.

Nonilex,
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Testimony about picks up, & is getting more animated.

The seems rapt as the Daniels tale starts to unspool.

As testifies about conversations he & had about Daniels, he keeps his eyes glued to the exhibit & to the prosecutors. Reportedly he has not glanced at Trump once.

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