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Tag: Trump trial
May 3, 2024
William Upton
Lawfare

Trump Trial Day 7: Hope Hicks Takes The Stand, Casts Doubt On Bragg’s Election Claims.

Hope Hicks, a former aide to and campaign press secretary for former President Donald J. Trump, took the stand on day seven of Trump’s Manhattan-based ‘hush money’ trial. Former Biden Department of Justice attorney Matthew Colangelo — who has a long history of engaging in partisan lawfare against conservatives — handled questioning for the prosecution.

Throughout the day, the prosecution probed Hicks on her relationship with various individuals in Trump‘s orbit, including business associates and campaign staff. Later, District Attorney Alvin Bragg‘s team moved on to the Trump campaign’s response to the Access Hollywood tape before then addressing the alleged Stormy Daniels and Karen McDougal affairs.

HICKS AND THE 2016 CAMPAIGN.

The prosecution spent most of the morning establishing Hicks’s relationship with the former President, his family, and other members of his inner circle. Colangelo’s questioning focused heavily on the former press secretary’s role in the 2016 Trump presidential campaign. The prosecutor was especially interested in Hicks’s knowledge of and interactions with Michael Cohen, David Pecker, Rhona Graff, and ex-Trump Organization CFO Allen Weisselberg.

Hicks told Colangelo that former President Trump was “very involved” in the day-to-day of his 2016 presidential campaign. Colangelo next pressed her on Michael Cohen and Allen Weisselberg’s roles in the campaign and the Trump Organization. Regarding Cohen, Hicks said she wasn’t sure. “I know he was involved in a couple of the licenses deals for some of the hotel projects and maybe some of the entertainment pieces as well, like Miss Universe pageant,” the former Trump aide responded.

Colangelo next asked Hicks about Allen Weisselberg and what campaign role he played. According to Hicks, the former Trump Organization CFO mainly just assisted with the personal financial disclosure that Trump had to file ahead of the election. When asked about Trump’s relationship with Weisselberg, Hicks acknowledged, “He was a trusted person there.”

Hicks went on to testify that David Pecker and Donald Trump were indeed friends. She noted that she joined the former President for his phone calls with the tabloid newsman. When asked if she was present for the 2015 meeting between Trump and Pecker at Trump Tower, she said, “I don’t have a recollection of that.” Pecker testified last week that Hicks had been in and out of that meeting.

THE ACCESS HOLLYWOOD TAPE.

Just before the lunch break, Colangelo moved on to Hicks’s role regarding the 2016 Trump campaign’s response to the Access Hollywood tape. The infamous video, in which the former President engages in “locker room talk,” appears to be part of the prosecution’s strategy to paint Trump as someone who participates in crude and lascivious behavior.

Hicks recalled the tape being very upsetting to Trump. “He said that didn’t sound like something he would say,” she testified, adding that the former President wanted to see the actual video. She continued, stating the campaign viewed the tape as “damaging” and a “crisis.”

Colangelo pressed Hicks further on Trump’s response after viewing the tape. She responded that the former President “didn’t want to offend anybody.” However, Hicks added, “I think he felt like it was pretty standard stuff for two guys chatting with each other.”

After the tape had become public, Hicks said there were rumors of another video “that would be problematic for the campaign.” Hicks told Colangelo that she asked Michael Cohen to look into the matter. “There was no such tape, regardless, but he chased that down for me,” she said.

THE STORMY DANIELS STORY.

Following lunch, Colangelo moved on to the Stormy Daniels and Karen McDougal affair accusations. At this stage, the prosecution hoped to elicit testimony suggesting Trump was concerned about how accusations would impact his campaign just days before the 2016 election. However, that is not what happened.

Hicks said the November 4, 2016, Wall Street Journal story was the first time she became aware of Karen McDougal. She acknowledged that she had heard Story Daniels’s name once before, stating that several security guards on Trump’s plane mentioned her name in 2015 while discussing attendees at a celebrity gold tournament.

After the story broke, Hicks said she reached out to Michael Cohen. “Michael sort of feigned like he didn’t know what I was talking about,” she said.

Addressing the campaign response to the Daniels and McDougal stories, Hicks said former President Trump “wanted to know the context, and he wanted to make sure that there was a denial of any kind of relationship.” She added that Trump wanted to make it “absolutely, unequivocally” clear that he never had a relationship with Daniels.

‘TRUMP MORE CONCERNED ABOUT MELANIA.’

In the most damning moment of the day for District Attorney Bragg‘s prosecution, Hicks unequivocally stated that Trump was solely concerned about how the Stormy Daniels story would impact his family — especially his wife, Melania. “He was concerned about the story. He was concerned about how it would be viewed by his wife, and he wanted me to make sure that the newspapers weren’t delivered to his residence that morning,” Hicks said.

Hicks’s statement directly undermines the prosecution’s assertion that the financial payments to Daniels and McDougal were meant to prevent negative press that would impact his campaign. However, she acknowledged that the story concerned those within the presidential campaign’s inner circle. “Everything we talked about in the context of this time period and this time frame was about whether or not there was an impact on the campaign,” Hicks told Colangelo.

Next, Trump‘s defense attorney, Emil Bove, began his cross-examination. He asked Hicks about the former President’s relationship with his wife. “President Trump really values Mrs. Trump’s opinion, and she doesn’t weigh in all the time, but when she does, it’s really meaningful to him and, you know, he really really respects what she has to say,” she responded. At this point, Hicks became very emotional and began to cry on the stand. Following a break, Bove briefly continued his cross-examination before the court adjourned for the day.

You can read The National Pulse’s Day Six trial coverage here, and if you find our work worthwhile, consider joining up as a supporter.

 

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Hope Hicks, a former aide to and campaign press secretary for former President Donald J. Trump, took the stand on day seven of Trump's Manhattan-based 'hush money' trial. Former Biden Department of Justice attorney Matthew Colangelo — who has a long history of engaging in partisan lawfare against conservatives — handled questioning for the prosecution. show more
May 2, 2024
William Upton
Lawfare

Trump Trial Day 6: Still No Evidence of a Crime, Still More Holes in Bragg’s Case.

The sixth day of the Manhattan-based Trump hush money trial has come to a close. Despite having now heard from a half-dozen witnesses, the prosecutors in District Attorney Alvin Bragg‘s office have yet to present compelling evidence of any crime being committed. The lack of evidence hasn’t gone unnoticed, even by corporate media outlets like CNN. During a Thursday segment, CNN’s political director David Chalian said he’s seen “precious little evidence” of Trump’s involvement in Michael Cohen’s payment deals with Stormy Daniels and Karen McDougal.

MORE GAG ORDER VIOLATIONS?

Prosecutors started the day in court by presenting Democrat–aligned Judge Juan Merchan with four new accusations of former President Trump violating his court-issued gag order. “His statements are corrosive to this proceeding and the fair administration of justice,” prosecutor Chris Conroy told Judge Merchan Thursday morning. He added: “The defendant is doing everything he can to make this case about politics.”

Todd Blanche, a member of Trump’s defense team, fired back at the prosecution. He argued that Trump has a right to defend himself against public statements made by the likes of Michael Cohen and that Cohen and Stormy Daniels are “not people who need to be protected.”

“Cohen has been inviting and almost daring President Trump to respond to almost everything he’s saying,” Trump’s defense attorney told Judge Merchan. One of the alleged gag order violations cited by the prosecution was a comment where Trump referred to witness David Pecker as “nice.” Blanche noted, regarding the comment: “There’s no animosity between the two of them. There’s no threatening, menacing statements.”

“It’s not about just Mr. Pecker, Judge Merchan responded. He continued: “It’s about what the other witnesses see. It affects those witnesses as well.”

There was no immediate ruling on whether Trump violated the gag order in the four instances cited by prosecutors.

KEITH DAVIDSON BACK ON THE STAND. 

The trial resumed after the gag order hearing, with Hollywood entertainment lawyer Keith Davidson returning to the stand for testimony directed by the prosecution. Prosecutor Joshua Steinglass received unexpected pushback from Davidson over his reference to the payments as “hush money.” Addressing the payments, the entertainment lawyer told Steinglass, “It wasn’t a ‘payout,’ and it wasn’t ‘hush money.’ It was consideration in a civil settlement.” Davidson told the prosecution that he’d never use the term “hush money.”

In another strange moment in the prosecution’s case, they opened the door to evidence that Michael Cohen continued to worry about statements made by Stormy Daniels well after the 2016 election. This directly undermines the core of their case that the payments were part of a plot to interfere in the presidential election.

At the direction of the protection, Davidson went through texts with Cohen just before Stormy Daniels’s 2018 appearance on Jimmy Kimmel Live! The texts between Cohen and Davidson mostly revolved around a statement from Daniels that denied she ever had a relationship with Trump. Regarding the statement, Davidson said: “I think it’s technically true.”

The remainder of Davidson’s testimony was a relatively unrevealing back and forth with prosecutors about the nuances of the English language and terms like “hush money,” “payout,” and “affair.”

‘NO INTERACTIONS WITH TRUMP.’

Keith Davidson’s cross-examination went far better for the defense than his initial testimony did for the prosecution. Trump‘s defense attorney, Emil Bove, handled the initial questioning of Davidson, immediately asking the entertainment lawyer if, before Thursday, he’d ever been in a room with Donald Trump. “I have had no personal interactions with Donald Trump,” Davidson responded. Bove spent most of the early stages of Davidson’s cross-examination focusing on the lawyer’s work before 2016. Davidson acknowledged he’d been retained in 2011 by Daniels’s agent to have a story removed from a gossip site.

Trump’s defense attorney then zeroed in on Davidson’s conversation with Cohen regarding Trump’s post-2016 election plans. According to Davidson, Cohen bragged that he may become the President-Elect’s chief of staff or even the U.S. Attorney General. It appears the purpose of this line of question is to show Cohen as someone prone to delusions of grandeur, often overstating his role in Trump’s personal, business, and political activities.

HUSH MONEY OR EXTORTION PLOT?

Next, Bove moved on to the topic of “extortion.” He pressed Davidson: “In your mind, you were concerned about avoiding creating evidence of extortion, correct?” The entertainment lawyer responded, “Not particularly.” However, Bove then raised a 2012 extortion investigation into Davidson involving a sex tape allegedly featuring Hulk Hogan. Davison insisted he did nothing illegal in that case, stating: “I did everything I could to make sure my activities were lawful.”

Bove then pivoted to the 2016 presidential election, addressing Davidson’s claim that he didn’t use the political contest as leverage in his negotiations with Cohen. “You made no threats to Michael Cohen related to the 2016 election, is that the answer?” Trump’s defense attorney asked, with Davidson responding: “I made no threats to anyone.”

“You never linked these negotiations to the 2016 election with anyone. Is that your testimony?” Bove countered. The entertainment lawyer replied, “That’s fair.”

When asked about his involvement with payout plots involving other celebrities, including Charlie Sheen, Manny Pacquiao, and Tila Tequila, Davidson claimed his memory was “fuzzy.” This likely further bolstered the defense’s contention that Davidson and his clients had more sinister motives behind their claims, bordering on extortion.

ANOTHER BLOW TO BRAGG’S CASE.

In another blow to District Attorney Alvin Bragg‘s case, Davidson acknowledged—under cross-examination—that Trump never signed the non-disclosure agreement with Daniels. During earlier testimony, Davidson claimed that references to “DD” or “David Dennison” were stand-ins for Trump.

After Bove concluded his cross-examination of Davidson, the court took a short break. Alvin Bragg, perhaps surveying the damage his prosecution has taken, entered the court following the recess for the first time during the trial. The District Attorney and Trump exchanged brief glances at each other.

During a brief redirect, Bove asked Davidson if he recalled telling Cohen that if Trump lost the election, Daniels would lose her leverage. Davidson said he did recall the conversion. The defense then played a recording of Davidson telling Cohen: “If he loses this election, and he’s going to lose, we all lose all f**king leverage.”

You can read The National Pulse’s Day Five trial coverage here, and if you find our work worthwhile, consider joining up as a supporter.

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The sixth day of the Manhattan-based Trump hush money trial has come to a close. Despite having now heard from a half-dozen witnesses, the prosecutors in District Attorney Alvin Bragg's office have yet to present compelling evidence of any crime being committed. The lack of evidence hasn't gone unnoticed, even by corporate media outlets like CNN. During a Thursday segment, CNN's political director David Chalian said he's seen "precious little evidence" of Trump's involvement in Michael Cohen's payment deals with Stormy Daniels and Karen McDougal. show more
April 30, 2024
William Upton
Analysis
Lawfare

Trump Trial Day 5: Prosecution Tries to Save Michael Cohen’s Credibility.

The fifth day of testimony in former President Donald Trump’s Manhattan-based hush money trial has ended. Democrat-aligned Judge Juan Merchan kicked off the day by fining Trump $1,000 for each of his nine alleged violations of the court’s gag order. The gag order was ostensibly imposed to prevent the former President from communicating with the public about endemic corruption in the Alvin Bragg and Joe Biden-led case.

Prosecutors continued questioning Michael Cohen‘s banker, Gary Farro. The banker began his testimony before the court adjourned last Friday.

Following Farro, District Attorney Alvin Bragg‘s prosecution team moved on to their next witness, Keith Davidson. A Beverly Hills lawyer and frequent Democrat donor, Davidson formerly represented Stormy Daniels and Karen McDougal in their attempts to strong-arm Trump out of cash. The entertainment lawyer has faced numerous legal sanctions for his unsavory activities.

FARRO PART 2.

Prosecutor Rebecca Mangold kicked off the second day of banker Gary Farro’s testimony. The banker testified that he opened a home equity line of credit for disgraced attorney Michael Cohen for $130,000. It is this amount that Cohen then allegedly paid Stormy Daniels. The email communications between Cohen and Farro presented by the prosecution were from the former’s personal TrumpOrg.com account, and not one affiliated with Trump‘s presidential campaign.

Further undermining Bragg‘s accusations that Cohen‘s activities were in the service of aiding Trump’s 2016 presidential campaign, Farro testified that he saw no indication that the consulting business accounts he helped establish were connected to any political candidate. “There would be additional scrutiny,” he said, if the bank had any indication that the accounts were for political activities.

To set up entertainment lawyer Keith Davidson’s testimony, Mongold showed the jury a wire transfer for $130,000 from Cohen to a trust controlled by Davidson. The transfer occurred just after Cohen had secured the line of credit from Farro. She then asked the banker why an attorney might pay a fellow lawyer a retainer in a real estate transaction. Farro replied, “There could be a number of things.”

FARRO SINKS COHEN.

During Farro’s cross-examination by Trump‘s defense team, the banker acknowledged that Cohen‘s rushed requests were not at all unusual. “90 percent of the time, it was an urgent matter,” Farro said of his dealings with the disgraced attorney. The banker confirmed that he’d never done business with former President Trump.

In one of the most damning moments for Bragg’s case in the trial so far, Trump’s attorney Todd Blanche drew the jurors‘ attention to Michael Cohen’s bank filings in which Cohen had asserted he was NOT acting as an agent on behalf of anyone else. This acknowledgment directly contradicts the prosecution’s claim that Cohen was directed to make the payments to Daniels and McDougal by Trump.

Addressing the matter, Farro told Blanche: “If the client told me it was a shell corporation, it would not have been opened. It would give me pause, very frankly.”

JUDGE DENIES BIDEN DOJ COLANGELO’S MOTION.

In a surprise moment, Democrat-aligned Judge Juan Merchan denied a request by former Biden Department of Justice attorney Matthew Colangelo — now a member of District Attorney Bragg’s office — to introduce statements by Trump regarding Cohen and Daniels. Colangelo argued that the statement would demonstrate consciousness of guilt. He also ruled against the prosecution‘s request to introduce texts from Stormy Daniels’s publicist as evidence.

However, Merchan did decide to allow the prosecution to introduce statements that refute claims that Cohen and Daniels have benefited financially from attacking Trump.

BETTER CALL KEITH?

The day in court concluded with the start of testimony by the ethically dubious Hollywood entertainment lawyer Keith Davidson. It is from Davidson that the term “catch and kill” may have first originated, though it appears it was popularized in the American press by Australian journalist Lachlan Cartwright. The National Pulse’s editor-in-chief, Raheem Kassam, has a deep dive into Davidson’s sordid history that can be read here.

“At that time, my practice was heavily involved with media cases,” Davidson told prosecutors regarding his legal work between 2015 and 2017. He went on to acknowledge he was granted immunity for his testimony before the grand jury but was in court today under subpoena.

Davidson acknowledged that he was a friend of Dylan Howard — the former chief content officer at the National Enquirer‘s parent company, American Media, Inc. (AMI). However, the entertainment lawyer claimed that it was not his standard practice to sell stories to tabloid media outlets.

This appears to contradict a 2018 story that describes Davidson as “the attorney to hire if you are seeking to monetize a celebrity sex tape or compromising information about public figures like Trump, Charlie Sheen, Tiger Woods, and Kanye West. Davidson specializes in extracting payments in exchange for the quashing of incriminating videos and/or details about sexual indiscretions, STDs, and all manner of regrettable behavior.”

BEST DEAL FOR HIS CLIENT.

Regarding the Karen McDougal story about Donald Trump, Davidson admitted that he had played the National Enquirer and ABC News off of each other. “At the time, as is often the case with negotiations, I was trying to play two entities off of each other,” he said, adding his intent was to “create a sense of urgency, if you will.”

Davidson stated that McDougal “did not want to tell her story” but instead wanted to “rejuvenate her career, to make money.” This comment by Davidson seemingly adds credence to the defense team’s claims that McDougal and Daniels were simply engaging in a shakedown. The entertainment attorney also acknowledged receiving 45 percent of the money paid to McDougal by AMI as payment.

DAVIDSON NAMES TRUMP WITHOUT PROOF.

In another damaging moment for Bragg‘s case, prosecutor Joshua Steinglass attempted to get Davidson to confirm that Trump was Cohen‘s client. The entertainment lawyer obliged, saying that is what he believed. However, Davidson added — unfortunately for Bragg — that at no point was Trump actually named as a party to the deal he made with Cohen.

The remainder of Davidson’s testimony relied on the same degree of innuendo. While he could point to existing texts between himself and Cohen, the attorney could not provide the prosecution with any definitive proof tying former President Donald Trump or his 2016 presidential campaign to the payment negotiations.

Overall, the day in court continued along the path that The National Puluse suggested the prosecution was taking last Friday. It appears that despite the District Attorney’s office’s witnesses at times undermining its case, each is meant to bolster Cohen‘s credibility as having been the middleman between Donald Trump and AMI. Whether the prosecution can demonstrate this beyond a reasonable doubt remains yet to be seen — and honestly, it is unlikely.

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The fifth day of testimony in former President Donald Trump's Manhattan-based hush money trial has ended. Democrat-aligned Judge Juan Merchan kicked off the day by fining Trump $1,000 for each of his nine alleged violations of the court's gag order. The gag order was ostensibly imposed to prevent the former President from communicating with the public about endemic corruption in the Alvin Bragg and Joe Biden-led case. show more
April 28, 2024
William Upton
Lawfare

Trump Trial Day 4: The Catch and Kill Hoax.

The fourth day of Manhattan District Attorney Alvin Bragg‘s prosecution saw jurors hearing continued testimony from David Pecker as former President Donald Trump‘s defense attorneys finished their cross-examination of the tabloid newsman.

In addition to Pecker, jurors have now heard from two new prosecution witnesses. Rhona Graff, a former executive assistant to Donald Trump and a former senior vice president in the Trump Organization, gave brief testimony after being called by the prosecution. Her cross-examination by Trump’s attorneys was short as well. The day closed with Bragg’s team putting banker Gary Farro on the stand — his testimony will continue on Thursday after a several-day break for the end of the Passover holiday.

At this juncture, the prosecution’s strategy has become readily apparent. More on that below.

FINISHING OFF PECKER. 

Tabloid newsman David Pecker’s time on the stand came to a close on Friday. Former President Donald Trump‘s attorneys continued their cross-examination of the prosecution witness, with even more damage done to Bragg’s case. Pecker admitted to the former President’s attorney Emil Bove that “catch and kill” was never discussed during a 2015 meeting between Trump, Michael Cohen, and himself. He also acknowledged that the three never discussed any financial agreements during the same meeting.

In a most damning moment, Pecker said he was aware that Cohen and Karen McDougal’s attorney at the time knew each other both professionally and socially. The tabloid newsman admitted the two attorneys could have been merely discussing an agreement they had made on their own.

RHONA GRAFF NO HELP FOR BRAGG.

The former executive assistant and senior vice president at the Trump Organization, Rhona Graff, briefly took the stand after Pecker. Prosecutors asked very little of Graff, mainly focusing on having her confirm the veracity of a thumb drive they claimed contained a list of contacts belonging to former President Trump. Among the contacts included in the drive are Karen McDougal and Stormy Daniels.

Graff’s cross-examination by Trump’s defense team was also abbreviated. She was asked if she enjoyed her time working with former President Trump. Graff replied that she did, noting that Trump showed her a great deal of respect because of her intelligence and work ethic.

Addressing Stormy Daniels, Graff said she had seen the woman at Trump Tower but had assumed she was there to interview to be a cast member of The Apprentice. “It was part of the office chatter,” she told Trump defense attorney Susan Necheles.

COHEN’S MONEY MAN.

The next prosecution witness was banker Gary Farro. While working at First Republican Bank, Farro listed Michael Cohen among his clients. The banker told prosecutors he was assigned to Cohen because of his ability “to handle individuals that may be a little bit challenging.”

Farro told prosecutors that in October 2016, Cohen approached him about setting up a new LLC. “Need an account opened for Mike Cohen immediately. He wants no address on the checks,” Farro told associates in an email dated October 13, 2016. On forms setting up the company, Cohen marked “no” when asked if the organization would be “associated with Political Fundraising/Political Action Committee (PAC).”

The court adjourned for the day without finishing Farro’s testimony.

WHERE IS THIS GOING? 

It is becoming clear that the prosecution is attempting to build up to the testimony of Michael Cohen. They hope that through Cohen, they can convince the jury that former President Trump engaged in illegal activity despite them so far being unable to provide any conclusive evidence. Each of the witnesses so far appears to be primarily concerned with boosting Cohen’s dubious credibility — which, as he appears to be Bragg’s singular star witness, is a top concern for the DA.

You can read The National Pulse’s Day Three trial coverage here, and if you find our work worthwhile, consider joining up as a supporter.

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The fourth day of Manhattan District Attorney Alvin Bragg's prosecution saw jurors hearing continued testimony from David Pecker as former President Donald Trump's defense attorneys finished their cross-examination of the tabloid newsman. show more
Trump on Trial Day 3
April 25, 2024
William Upton
Lawfare

Trump Trial Day 3: Trump Lauds ‘Breathtaking’ Pecker, Who Continues to Shaft Bragg.

The third day of the hush money trial of former President Donald Trump did not go well for Manhattan District Attorney Alvin Bragg. David Pecker, the prosecution’s lead-off witness, continued to poke holes in Bragg’s case.

While the former publisher of the National Enquirer tabloid testified that he believed the “catch and kill” scheme coordinated by attorney Michael Cohen was “for the campaign,” Pecker also insisted that, at the time, he did not believe Trump was aware of Cohen’s activities.

Pecker indicated to prosecutor Joshua Steinglass that Trump may have only become aware of Cohen‘s scheme after the 2016 presidential election. He said several post-election interactions, including a dinner at the White House, may have been a “thank you” for his efforts.

A WEAK WITNESS.

Despite the prosecution’s best efforts to insinuate former President Trump‘s involvement in—or even knowledge of—the “catch and kill” scheme, Pecker’s testimony continues to fall short of any direct implication. The prosecution frequently used the “catch and kill” term as well as referring to Cohen and Pecker’s activities as a “scheme,” hoping to convince the jury of illegal activity when, in fact, there appears to be none.

Under cross-examination by Trump‘s attorney Emil Bove, Pecker even admitted he’d never heard the term “catch and kill” before the prosecution used it. Bove asked Pecker if “it was always your intention, dating back to the early days of this friendship, not to publish negative stories about President Trump?” The tabloid newsman responded, “Yes.”

ItiPecker also acknowledged he has held back negative stories about other notable public figures, including Arnold Schwarzenegger, businessman Ronald Perelman, and Obama Chief of Staff-turned-Chicago Mayor Rahm Emanuel. Further undermining the prosecution’s case, he added that it was his understanding that Cohen was acting in a personal capacity for Trump, not on behalf of the presidential campaign.

TRUMP LAUDS ‘BREATHTAKING’ PECKER.

After the court adjourned for the day, former President Donald Trump addressed the media, stating that what happened in the courtroom on Thursday was “breathtaking.” The former President called Pecker’s testimony “amazing.” 

“You saw it, what went on. It was breathtaking. Amazing testimony,” Trump said. He added: “Open your eyes, we can’t continue to let this happen to our country.” The former President also addressed the United States Supreme Court hearing regarding his presidential immunity claim, which occurred earlier on Thursday, calling it a “monumental hearing.”

GAG ORDER DRAMA CONTINUES. 

Judge Juan Merchan still has not ruled on the District Attorney’s office’s accusations that former President Trump violated a court-issued gag order. Before the trial began on Thursday, prosecutors filed additional claims that the order had been violated. Those accusations will be addressed in a hearing scheduled for next Wednesday.

You can read The National Pulse’s Day Two trial coverage here, and if you find our work worthwhile, consider joining up as a supporter.

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The third day of the hush money trial of former President Donald Trump did not go well for Manhattan District Attorney Alvin Bragg. David Pecker, the prosecution's lead-off witness, continued to poke holes in Bragg's case. show more
Trump on Trial Day 2
April 23, 2024
William Upton
Lawfare

Trump Trial Day 2 Summary: Pecker Pokes Holes In Prosecution’s Case.

Day two of the Manhattan-based hush money trial of former President Donald Trump saw abbreviated testimony from the former National Enquirer CEO, David Pecker. The National Pulse’s editor-in-chief, Raheem Kassam, noted on X (formerly Twitter) that the tabloid newsman’s recounting of events did not go well for District Attorney Alvin Bragg’s prosecution. After briefly taking the stand on Monday — before the court adjourned around 12:30 PM ET — Pecker continued his testimony on Tuesday, delving into the substantive nature of the accusations leveled by Bragg’s office.

PECKER SCHEMED WITH COHEN ALONE. 

While Bragg and his prosecution team have insisted that Michael Cohen‘s payments to smut star Stormy Daniels were at the direction of former President Donald Trump, David Pecker directly undermined this aspect of the case. Pecker testified that he was the one who told Trump that women might come forward with false accusations of affairs since the former President had been a sought-after bachelor connected with multiple beautiful women.

According to Pecker, it was he and Cohen who planned the strategy of paying off accusers and having them sign non-disclosure agreements. The newsman insinuated that Trump himself was unaware of their scheme. Pecker’s testimony appears to represent a significant blow to Bragg’s prosecution, which is largely contingent on Trump having directed the payment scheme.

DID TRUMP VIOLATE THE GAG ORDER?

The only other significant courtroom action happened before Pecker’s testimony. Prosecutors and attorneys for the former President argued before Judge Juan Merchan as to whether Trump had violated a court-issued gag order. Bragg’s team told the judge that Trump had “willfully,” “flagrantly,” and “repeatedly” violated the order with both social media posts and comments made to the press outside the Manhattan courthouse. Todd Blanche, the lead attorney for Trump, fired back that the former President is “allowed to respond to political attacks.”

Democrat-aligned Judge Juan Merchan appeared frustrated with Blanche’s line of defense and repeatedly asked him to point to specific posts or comments by Michael Cohen or Stormy Daniels that constituted “political attacks.” Blanche offered a few examples and insisted that Trump has complied with Merchan’s gag order, which caused Merchan to become irate.

“You’re losing all credibility, I have to tell you right now,” the judge told Blanche, adding angrily:  “You’re losing all credibility with the court.” Despite his outburst, Merchant said he would not rule today on whether former President Trump had willfully violated the gag order.

You can read The National Pulse’s Day One trial coverage here, and if you find our work worthwhile, consider joining up as a supporter.

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Day two of the Manhattan-based hush money trial of former President Donald Trump saw abbreviated testimony from the former National Enquirer CEO, David Pecker. The National Pulse's editor-in-chief, Raheem Kassam, noted on X (formerly Twitter) that the tabloid newsman's recounting of events did not go well for District Attorney Alvin Bragg's prosecution. After briefly taking the stand on Monday — before the court adjourned around 12:30 PM ET — Pecker continued his testimony on Tuesday, delving into the substantive nature of the accusations leveled by Bragg's office. show more
April 22, 2024
William Upton
Lawfare

Trump Trial Day 1 Summary: Here’s What Happened in the Opening Arguments…

The Manhattan-based “hush money” prosecution of former President Donald Trump got off to an abbreviated start, with the court adjourning Monday at 12:30PM ET. A juror had previously notified the judge they would have to leave for a dentist appointment early. The National Pulse will provide a rundown of highlights and essential moments after the court adjourns each day of the trial.

THE DEFENSE’S OPENING ARGUMENTS.

Todd Blanche, one of the former President’s defense attorneys, kicked off the opening arguments. The defense attorney stressed to the jury that: “President Trump is innocent. President Trump did not commit any crimes.”

The defense indicated they will focus heavily on the weakness of Manhattan District Attorney Alvin Bragg‘s case, which relies on an underlying federal crime for which Trump has not been charged.

Addressing the prosecution’s insistence that the case is about Trump’s attempt at ‘election interference,’ Blanche told the jury: “There’s nothing wrong with trying to influence the election… It’s called democracy.” The attorney, pivoting to the prosecution playing up the nondisclosure agreement with Stormy Daniels, argued: “There’s nothing wrong with a nondisclosure agreement.”

Prosecutors objected when Blanche likened Stormy Daniels’s attention-seeking behavior as akin to extortion. Judge Juan Merchan sustained the prosecution’s objection.

The defense attorney also worked to ensure the jurors knew the truth about the prosecution’s star witness, Michael Cohen, calling the disgraced former attorney “a convicted felon,” “an admitted liar,” and “a convicted perjurer.”

THE PROSECUTION RESPONDS.

Prosecutor Matthew Colangelo, a former U.S. federal attorney who resigned his lucrative post to pursue the Trump prosecution, opted for painting a narrative of Donald Trump and Michael Cohen scheming with former National Enquirer CEO David Pecker.

Colangelo, mainly ignoring the facts of the case, told the jurors the three men “struck an agreement” during a 2015 meeting at Trump Tower in which they “conspired to influence the 2016 presidential election in three different ways.” He proceeded to content that the National Enquirer engaged in three catch-and-kill actions to head off stories that could damage the 2016 Trump presidential campaign.

The prosecution attempted to mitigate the reputational damage surrounding their star witness. Colangelo told jurors the reason why Trump’s legal team asked the court to reject Michael Cohen’s testimony was “precisely because it is so damning.”

FIRST WITNESS.

The first witness was David Pecker, the former CEO of the National Enquirer. His testimony only lasted about 20 minutes and comprised mostly biographical information before the court adjourned for the day. Pecker’s testimony will continue tomorrow.

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The Manhattan-based "hush money" prosecution of former President Donald Trump got off to an abbreviated start, with the court adjourning Monday at 12:30PM ET. A juror had previously notified the judge they would have to leave for a dentist appointment early. The National Pulse will provide a rundown of highlights and essential moments after the court adjourns each day of the trial. show more