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, 10:43 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, 10:42 AM EDT

Trump appears pleased with cross-examination

Trump appeared please during his lawyer's cross-examination of custodial witness Douglas Daus, in which Daus acknowledged there were gaps in the handling of the data on Michael Cohen's iPhone that could create a risk of tampering. Trump nodded at his attorney Emil Bove and conversed with him when Bove sat down.

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

On prosecutors' re-direct examination of Daus, Christopher Conroy asked Daus if the issues raised by Bove would materially impact the integrity of Cohen's device.

Daus replied that they would not.

May 03, 2024, 10:32 AM EDT

Defense asks again about integrity of Cohen's phone data

Douglas Daus told defense attorney Emil Bove that the recording on Michael Cohen's phone of of a 2016 conversation with Donald Trump lacks any metadata to suggest it was ever modified. Bove asked Judge Merchan to strike the response from the record, but the judge denied the request.

Bove then continued to ask Daus about about reliability of the evidence extracted from Cohen's phones.

At one point, Bove suggested that jurors would have to take "Michael Cohen's word for it" regarding the integrity of the evidence after Daus was unable to answer a series of questions with confidence. Daus' said his role was limited to extracting the data from phone, so he couldn't answer questions about the context of the investigation.

Bove suggested for a second time that, in order to fully trust the integrity of the phone, "We would have to take Michael Cohen's word for it."

"It would seem so," Daus said.

Bove subsequently ended his cross-examination of Daus.

May 03, 2024, 10:19 AM EDT

Defense questions recording of Trump-Cohen conversation

Defense attorney Emil Bove Bove continued his attempts from yesterday to cast doubt on the integrity of the secret recording that Michael Cohen made of a conversation with Donald Trump on September 6, 2016, in which the two appeared to discusses the hush money payment to Karen McDougal.

Bove highlighted that Cohen conducted a factory reset of his phone on October 15, 2016.

"That sequencing ... raises some questions about that file right?" Bove asked.

"You have to then look at where that file came from," Daus responded.

"It raises some questions that require further analysis?" Bove asked.

"That is fair," Daus said.

It's unclear if the factory reset materially impacted the recording in any way since Cohen had backed up his device, Daus said.

Bove also repeated a line of questions from yesterday about the abrupt end to the recording of the Cohen-Trump conversation.

"You don't know how long the conservation continued?" Bove asked.

"No I don't," Daus said.

Yesterday, Daus suggested that Cohen's phone received a call that may have prompted the recording to end, but Bove suggested today that the extraction lacked any metadata to suggest an incoming call was received.

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.

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