Trump trial: Hope Hicks faces her ex-boss on 'Access Hollywood' tape, Daniels payment

Trump's former top aide was the top witness on Day 11 of his hush money trial.

Last Updated: May 3, 2024, 4:29 PM EDT

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 in connection with a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.

Apr 22, 5:51 am

What to know about the hush money case

May 02, 2024, 10:04 AM EDT

Defense argues Trump's comments were 'completely neutral'

Defense attorney Todd Blanche argued against accusations that Trump again violated the case' limited gag order, saying that Trump was attempting to respond to political attacks.

Appearing to cite President Joe Biden's remarks at the White House Correspondents' Dinner this weekend, Blanche said, "He mocked President Trump. He said, 'Donald had had a few tough days recently -- you might call it stormy weather," Blanche said, arguing Trump should be able to respond to that remark but can't because of the gag order.

Merchan pushed back on that argument, telling Blanche that Trump is allowed to respond to remarks by Biden.

"Trump can't respond to that in a way that he wants to because of this order," Blanche argued.

Blanche also argued that Trump's remarks about David Pecker were "completely neutral" comments about Trump's longtime friend.

"He is talking ... about a man he had known for decades, who he was friends with for decades. There is no threat in what President Trump said," Blanche said.

Blanche also attempted to put some blame on the press for asking Trump questions prompting his remarks. "He can't just say 'no comment' repeatedly, he's running for president," he said.

Merchan told Blanche that Trump's remarks about Pecker impacts other witnesses, because it signals that Trump could make remarks about other particpants.

May 02, 2024, 9:53 AM EDT

Prosecutors ask judge to again fine Trump for contempt

Prosecutor Christopher Conroy argued that Trump's remarks about witness Michael Cohen, Trump's former attorney -- including Trump's statements in the courtroom hallway after opening statements last week -- were made to "affect and disrupt" the proceedings at its "most critical time."

"His statements are corrosive to this proceeding and to the fair administration of justice," Conroy said.

"We are not yet seeking jail," Conroy said about the four alleged violations, citing the desire to prevent disruptions to the proceedings.

He asked Merchan to fine Trump the maximum of $1,000 for violation, totaling $4,000, following the identical fines earlier this week for nine previous violations.

Defense lawyer Todd Blanche argued that the alleged violations were not willful violations of the court's limited gag order.

Blanche said Trump's commentary reflects his defense to "political attacks" -- and as a candidate for president, he is entitled to respond to "multiple and repeated attacks."

"Part of the campaign takes place outside of this courtroom," Blanche said.

May 02, 2024, 9:45 AM EDT

Prosecutor calls Trump's remarks 'deliberate and calculated'

Prosecutor Christopher Conroy told Judge Merchan during the contempt hearing that the limited gag order exists because of Trump's "persistent and escalating rhetoric" regarding trial participants, adding that Trump had violated the gag order nine times already.

"He has done it again here," Conroy said.

"That is what the order forbids, and he did it anyway," Conroy said about Trump's remarks about the composition of the jury.

Conroy then turned his attention to Trump's remarks about witness and former National Enquirer publisher David Pecker last Thursday at a construction site in midtown Manhattan, in which he said, "He's been very nice. I mean, he's been -- David's been very nice. A nice guy."

Republican presidential candidate, former President Donald Trump awaits the start of proceedings in his criminal trial at the New York State Supreme Court in New York, May, 2, 2024.
Doug Mills/Pool via Reuters

"It was deliberate and calculated," Conroy said, describing the remarks as a "deliberate shots across the bow" to participants in the case.

"The defendant thinks the rules should be different for him," Conroy says about Trump's remarks about witnesses like Michael Cohen and David Pecker.

Trump has defended some of his commentary about the trial as a recitation of what he sees in media coverage. But Conroy said that Trump's rhetoric carries an "air of menace that is substantially different" than a news report.

"He places this process and proceeding here in jeopardy," Conroy said,

May 02, 2024, 9:36 AM EDT

Contempt hearing underway

Judge Juan Merchan has begun this morning's contempt hearing in which he will determine whether to hold Trump in contempt and fine him for making four additional out-of-court statements about the jury and known witnesses in the trial, after the judge on Tuesday cited and fined him for nine such violations.

Prosecutor Christopher Conroy, speaking for the Manhattan district attorney's office during the contempt proceeding, said he does not plan to play the videos of the alleged violations.

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