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.
Judge Juan Merchan restarted the proceedings after the mid-morning break. Before prosecutor Susan Hoffinger resumed her direct examination of Michael Cohen, Merchan instructed the jury that, in regards the secretly made recording the jury just heard, the recording itself is evidence in the case, not the transcript.
“It is the tape itself that is the evidence,” Merchan said, though he said the transcript will be accessible to the jury during deliberations.
Trump, back from the break, appears much more alert, sitting in his chair with his body angled directly toward Cohen as Cohen recounts more of the recording.
Twice, Trump shook his head "no" as Cohen spoke.
May 13, 2024, 11:37 AM EDT
Cohen reviews contents of secretly made recording
After Cohen's recording was played in court, prosecutor Susan Hoffinger is replayed sections and asked Cohen about what he said at the time.
"Who is 'our friend David?'" Hoffinger asked.
"He is referring to David Pecker," Cohen said.
Asked about the reference to then-Trump Organization CFO Allen Weisselberg, Cohen said, "Because Mr. Trump had previously directed me to speak with Allen Weisselberg about getting this matter settled."
"Because we are going to need money and going to need to open the LLC and to resolve this issue," Cohen said about the LLC being formed.
"We were referring to the 150,000 that was advanced by AMI in order to purchase the life rights of Karen McDougal," Cohen said "He knew already knew based on conversations with David which is why he mentioned the number 150."
When asked about the comment about Pecker getting "hit by a truck," Cohen said that Trump was concerned about the National Enquirer's files about him in case Pecker ever left the company.
"David Pecker was being considered for the CEO position of Time Inc. and the concern was the information -- so all the stuff refers to that," Cohen said
Following this testimony, court was recessed for the mid-morning break.
Cohen, exiting the courtroom, did not appear to look at Trump as he walked by the defense counsel table.
May 13, 2024, 11:24 AM EDT
Jury hears secret recording of Trump discussing payment
Michael Cohen testified that he made a recording to prove to National Enquirer publisher David Pecker that Trump would repay him the $150,000 for Karen McDougal's catch-and-kill arrangement.
"I also wanted him to remain loyal to Mr. Trump," Cohen added.
Cohen said he walked into Trump's office with his phone in his hand, making the recording.
Cohen told the jury that you can hear Trump, himself, and Trump assistant Rhona Graff on the recording.
Asked whether he thought Trump knew he was recording the conversation, Cohen said: "No, ma'am."
Jurors then heard the recording.
Former President Donald Trump and attorney Todd Blanche attend his trial for allegedly covering up hush money payments at Manhattan Criminal Court on May 13, 2024 in New York City.
Steven Hirsch-Pool/Getty Images
Cohen: Told you about Charleston. I need to open up a company for the transfer of all of that info regarding our friend, David, you know, so that -- I'm going to do that right away. I've actually come up and I've spoken --
Trump: Give it to me and get me a --
Cohen: And, I've spoken to Allen Weisselberg about how to set the whole thing up with --
Trump: So, what do we got to pay for this? One-fifty?
Cohen: -- funding. Yes. And it's all the stuff.
Trump: Yes, I was thinking about that.
Cohen: All the stuff. Because -- here, you never know where that company, you never know what he's --
Trump: Maybe he gets hit by a truck
Cohen: Correct. So, I'm all over that. And, I spoke to Allen about it, when it comes time for the financing, which will be --
Trump: Listen, what financing?
Cohen: We'll have to pay him something.
Trump: (INAUDIBLE) pay with cash.
Cohen: No, no, no, no, no, I got it.
Trump: Check.
Every member of the jury appeared to look down at their monitor to read along with the transcript of the call as it was played. Cohen, as the call played, shook his head "no" over and over again on the witness stand, apparently in disbelief at rehearing it.
At one point he looked over in Trump's direction and sighed as the recording continued, then looked over to the jury to watch them take it in.
DA Alvin Bragg appeared to close his eyes and dropped his head as the call played.
May 13, 2024, 11:14 AM EDT
Cohen says Pecker pushed for repayment for McDougal deal
"David had asked me when he should anticipate receiving -- being paid back the $150,000," Cohen testified about then-National Enquirer publisher David Pecker seeking repayment for the money he spent to catch and kill Karen McDougal's story for Trump.
"He wanted the $150,000 back because it was too much money for him to hide from the CEO of the parent company, and he had also laid out $30,000 previously, so he was putting pressure on me to speak to Mr. Trump and to get the money back," Cohen said.
"Was he upset about it?" prosecutor Susan Hoffinger asked.
"Very," Cohen said.
Cohen met with Pecker for lunch, where Cohen repeated the request for reimbursement. Cohen said he communicated the request to Trump.
"Don't worry, I'll take care of it," Trump said, according to Cohen.
Trump's attorney Emile Bove, during the testimony, leaned in to whisper something to Trump, prompting him to crane his neck to the side and then sit up in his seat for the first time this morning. He then appeared to drop back down and close his eyes again.