Former President Donald Trump is on trial in New York City, where he is facing felony charges related to a 2016 hush money payment to adult film actress Stormy Daniels. It marks the first time in history that a former U.S. president has been tried on criminal charges.
Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records to hide the reimbursement of a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.
Pecker says he was never repaid for McDougal's catch-and-kill
Former National Enquirer publisher David Pecker described his concern about the way Trump's repayment for the catch-and-kill purchase of Karen McDougal's story would appear in his company's accounting system.
Pecker testified that he put a different label on the invoice to Trump attorney Michael Cohen's LLC for the repayment because he "did not want to have a payment received in the company's finance department from the Trump Organization or Michael Cohen."
"Why not?" the prosecutor asked him.
"Because I believed that that payment would raise a lot of questions and issues," Pecker testified.
Ultimately, Pecker said, he became uncomfortable with being reimbursed by Trump or Cohen after speaking with his legal counsel.
"To be clear, Mr. Pecker, did AMI ever get reimbursed?" the prosecutor asked, referring to the Enquirer's parent company.
"No," Pecker answered.
Apr 25, 2024, 11:49 AM EDT
'The boss will be angry' if the deal is off, Pecker says he was told
Former National Enquirer publisher David Pecker described one of the most heated moments so far during the catch-and-kill arrangement between him, Donald Trump and Trump's then-attorney Michael Cohen.
When Cohen approached Pecker with a plan to reimburse the National Enquirer for buying the exclusive rights to Karen McDougal's story, the two men drew up paperwork in which Cohen would repay the Enquirer's parent company, AMI, through a shell company he created, Pecker said.
But Pecker testified that he had a change of heart after consulting with his general counsel.
"I called Michael Cohen and I said to him that the agreement we signed -- the deal was off. I am not going forward, it is a bad idea," Pecker testified. "I want you to rip up the agreement."
Former President Donald Trump sitting with attorneys Emil Bove (L) and Todd Blanche (R), attends his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City, Apr. 25, 2024.
Mark Peterson/POOL/AFP via Getty Images
"He was very, very, angry. Very upset, screaming basically at me. And I said, I'm not going forward with this agreement, rip it up," Pecker said.
Pecker said Michael Cohen then brought up "the boss."
"And Michael Cohen said, the boss is going to be very angry with you. And I said, I'm sorry, I am not going forward. The deal is off," Pecker recounted. "And he said, I can't believe it. I'm a lawyer, I'm your friend. I don't understand why you're not going forward. I said I am not going forward. Period."
Pecker previously described at length that he was aware that the National Enquirer's payment to Karen McDougal in order to catch and kill her story for the benefit of Trump's campaign would amount to an illegal campaign contribution -- softening his tone when he testified to this.
Apr 25, 2024, 11:05 AM EDT
Pecker says McDougal's story could have 'hurt the campaign'
Former National Enquirer publisher David Pecker testified that he believed Donald Trump had knowledge about the $150,000 contract to buy Karen McDougal's silence regarding an alleged year-long affair.
"Do you know if anyone else besides Michael Cohen had any knowledge of this contract?" prosecutor Joshua Steinglass asked.
"Yes, I believe Donald Trump did," Pecker responded.
"Was your principal purpose to suppress the story to prevent it from influencing the election?" Steinglass asked.
"Yes," Pecker said.
"Were you aware that expenditures by corporations made for the purpose of influencing an election made in coordination with or at the request of a candidate or campaign were unlawful?" Steinglass asked.
Pecker said he was aware and confirmed that the Enquirer's parent company, AMI, never reported the payment to the Federal Election Commission.
"We purchased the story so it wouldn't be published by any other organization," Pecker said.
"Why did you not want it to be published by any other organization?" Steinglass asked.
"We didn't want the story to embarrass Mr. Trump or embarrass or hurt the campaign," Pecker said.
"Who is we?" Steinglass followed up.
"Myself and Michael Cohen," Pecker said.
According to Pecker, AMI agreed to the $150,000 payment on the promise that Donald Trump or the Trump Organization would reimburse AMI for the payment. He frequently followed up with Cohen about the reimbursement and got a similar answer from Cohen.
"Why are you worried? I am your friend. The boss will take care of it," Pecker said about Cohen's response.
Apr 25, 2024, 10:44 AM EDT
Pecker describes $150,000 negotiations for McDougal's story
With Donald Trump following along from the defense table, head cocked slightly to the side, David Pecker described the negotiations conducted with Karen McDougal to purchase the exclusive rights to her story about an alleged year-long relationship with Trump.
Pecker said that Trump's attorney Michael Cohen authorized negotiations to begin, then during those negotiations, "Michael was very agitated," constantly asking "Why is this taking so long?"
"To purchase the lifetime rights to Karen McDougal was going to cost $150,000. Plus Karen wanted to restart her career. She wanted to write for the celebrity magazines. She wanted to be on the cover of the life and fitness titles. She had a major problem when her breast implants were removed and she wanted to write about that," Pecker testified.
Pecker said he asked Cohen, "Who is going to reimburse me for this?" He said Cohen responded "Don't worry about it, I'm your friend the boss will take care of it.'"
When prosecutor Josh Steinglass asked Pecker who "the boss" was, Pecker answered "The boss would have been Donald Trump"
Former President Donald Trump attends his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City on Apr. 25, 2024.
Jeenah Moon/POOL/AFP via Getty Images
Prosecutors then displayed for the jury the contract with McDougal, dated August 5, 2016. It awarded AMI, the Enquirer's parent company, the rights to her story of a relationship she had "with any then-married man." Pecker said "she was referring to Donald Trump."
Pecker testified he needed to "validate" the amount of money AMI was going to pay, so the contract included other provisions, like having McDougal write monthly columns on aging and fitness.
"With respect to campaign laws, I wanted to have the contract be a record that stipulates the services she was going to perform for American Media had a basis for it, the $150,000," Pecker said.
"Was it your primary purpose to buy the life rights?" Steinglass asked. "Yes it was," Pecker responded.
"Were the other provisions to disguise the true nature of this contract?" Steinglass asked. "Yes," Pecker replied, letting out a sigh.