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, 10:07 AM 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.

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May 03, 2024, 10:06 AM EDT

Defense questions chain of custody for Cohen's phone

Defense attorney Emil Bove has resumed his cross-examination of custodial witness Doug Daus, who conducted the extraction of Michael Cohen's two iPhones for the Manhattan's DA's office.

Bove appears to be continuing a line of questioning to raise suspicions about the chain of custody related to the phones.

Former President Donald Trump attends his trial at Manhattan Criminal Court in New York City, on May 3, 2024.
Jeenah Moon/POOL/AFP via Getty Images

He asked Daus about a four-day gap between the Manhattan DA receiving the phone and delivering it to the unit that processes the phone's contents. Bove also asked about only one witness signing the receipt form for the phone.

Bove also asked Daus about a "self-destruct timer" that Cohen used for one of his encrypted messaging apps. Daus confirmed that Cohen used the setting for some chats on one his three encrypted messaging applications.

May 03, 2024, 9:58 AM EDT

Merchan reiterates jury won't be shown 'Access Hollywood' tape

Before the jury was led into the courtroom, Judge Merchan addressed whether an image of Donald Trump and Billy Bush that appeared in a Washington Post article about the "Access Hollywood" tape should be allowed into evidence.

The judge reiterated his ruling not to have the "Access Hollywood" tape played for the jury, though he repeated his earlier determination that prosecutors could show jurors a transcript of the remarks, which included Trump boasting about grabbing women.

"I don't want those words to be associated with Mr. Trump's face or voice," Merchan said.

May 03, 2024, 9:41 AM EDT

Judge tells Trump he has 'absolute right to testify'

Judge Juan Merchan began the day's proceedings by clearing up a "misunderstanding" about the case's limited gag order's impact on Trump's ability to testify.

It comes after Trump, speaking after court yesterday, told reporters, "I'm not allowed to testify because this judge who's totally conflicted has put me under an unconstitutional gag order," referring to the limited gag order that keeps him from directing prohibited comments at witnesses, jury members, and attorneys in the case.

"I want to stress, Mr. Trump, that you have an absolute right to testify at trial," Merchan said from the bench while looking directly at the former president. "That is a constitutional right that cannot be denied ... it is a fundamental right that cannot be infringed upon."

"The order on extrajudicial statements does not prevent you from testifying in any way, it does not prohibit you from taking the stand and it does not prohibit or minimize what you could say from the witness stand," Merchan said.

The judge told Trump and his lawyers that the order only prohibits extrajudicial statements -- not statements made during the actual proceeding.

"It does not apply to statements made from the witness stand," Merchan said, directing Trump to speak to his lawyers if he has any further questions.

Trump clearly nodded along as Merchan spoke to him.

May 03, 2024, 9:28 AM EDT

Trump enters courtroom

Donald Trump has entered the courtroom for the day's proceedings.

Former President Donald Trump departs Trump Tower en-route to Manhattan Criminal Court on May 3, 2024 in New York City.
Michael M. Santiago/Getty Images

The former president was accompanied by his usual entourage of lawyers, Secret Service agents and campaign staffers.

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