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.
Payment to Daniels 'required Mr. Trump's sign-off,' Cohen says
Jurors saw phone records showing a flurry of calls made by Michael Cohen in late October 2016, as Cohen finalized the Stormy Daniels payment.
The records included Cohen's calls between Keith Davidson, Allen Weisselberg, and David Pecker.
Jurors also saw a record of two phone calls Cohen made to Trump on Oct. 26, 2016, with durations of 3:01 and 1:28.
"I wanted to ensure that once again he approved what he was doing, because I required approval from him on all of this," Cohen said about the calls.
"Everything required Mr. Trump's sign-off," Cohen said. "On top of that I wanted the money back.
May 13, 2024, 2:47 PM EDT
Cohen explains how he came to make Daniels' payment
"Would you have ever paid the nondisclosure agreement for Stormy Daniels on your own?" prosecutor Susan Hoffinger asked Michael Cohen after he detailed his efforts to find an alternative sdolution.
"No ma'am," Cohen responded. "It's $130,000. I was doing everything I could and more to protect my boss, which is something I did for a long time but I would not lay out $130,000 for an NDA needed by someone else."
Cohen described frantic days to finalize the NDA with Stormy Daniels. "If this matter wasn't resolved it was going to be catastrophic to Mr. Trump and the campaign," Cohen said.
Cohen said he asked AMI's David Pecker and Dylan Howard to front the money, but Pecker balked. "I cannot do it again," Cohen quoted Pecker saying, consistent with Pecker's testimony that he wasn't a bank.
Cohen testified that he ultimately used a home equity line of credit to finance the Stormy Daniels payoff because he was too afraid his wife would find out otherwise.
"I elected to use money that was in the HELOC because my wife, who was CEO of the household, would not understand if there was $130,000 missing from our joint bank account."
Many of the jurors keep their eyes locked on Cohen as he responded to this line of questioning.
Donald Trump eyes remained closed.
Cohen, on the stand, let out a sigh.
May 13, 2024, 2:41 PM EDT
'Just do it,' Cohen says Trump told him about Daniels payment
Michael Cohen testified that as the clock ticked toward the 2016 election, it became increasingly clear he could no longer delay the nondisclosure arrangement with Stormy Daniels.
Cohen said Trump agreed.
"He stated to me that he had spoken to some friends, some individuals, very smart people. It's $130,000. Just pay it. There's no reason to keep this thing out there. Just do it. So he expressed to me, 'Just do it,'" Cohen said.
Then-Trump Organization CFO Allen Weisselberg allegedly suggested that Cohen could fund the account that would ultimately wire the $130,000 payment to Stormy Daniels through one of Trump's golf courses, either through a membership or a wedding.
In a meeting with Weisselberg, Cohen said he suggested two options: "One option was to see if I knew anybody who wanted to purchase a golf membership," and a second option was for "somebody who was having a family affair, like a wedding or a bar mitzvah" pay that account and redeem the value as a "credit on their invoice."
Former President Donald Trump sits with his eyes closed and New York County District Attorney Alvin Bragg watches as Michael Cohen is questioned by prosecutor Susan Hoffinger during Trump's criminal trial in Manhattan state court in New York City, May 13, 2024 in this courtroom sketch.
Jane Rosenberg via Reuters
"Why don't you pay?" Cohen testified he asked Weisselberg.
"He said to me that he wasn't financially in a position to do it," Cohen said.
Cohen said he eventually agreed to make the payment.
"I said I'll pay for it," Cohen said.
According to Cohen, both he and Weisselberg discussed the plan with Trump;
"Allen and I spoke to Mr. Trump and we expressed to him that I was going to front the money for it, to which he was appreciative," Cohen said.
Cohen said Trump replied, "Good, good."
May 13, 2024, 2:31 PM EDT
Cohen says he advocated for Trump on CNN
Jurors saw a record of a text message on Oct. 18, 2016, from Melania Trump to Cohen.
"Good morning Michael, can u pls call DT on his cell. Thanks," Melania texted.
Cohen replied, "Of course."
Later that day, Cohen appeared on CNN to defend Trump's conduct in light to the "Access Hollywood" tape and other allegations.
"I advocated for Mr. Trump in the best light possible -- denials as well as exclamations that I have never seen him act in this sort of manner before," Cohen said.
