Trump trial: Biden calls Trump's remarks 'dangerous'

The court reporters read out the portions of then-National Enquirer publisher David Pecker's testimony about his June 2016 call with Trump, under questioning from prosecutors.

Q: And could you tell us about the conversation you had that day with Donald Trump?

A: Yes. When I got on the phone, Mr. Trump said to me: "I spoke to Michael. Karen is a nice girl." "Is it true that a Mexican group is looking to buy her story for 8 million dollars?" I said -- I said: "I absolutely don't believe that there is a Mexican group out there to buy a story for $8 million dollars." And then he said: "What do you think I should do?" I said: "I think you should buy the story and take it off the market."

Q: So when the subject of Karen McDougal came up, Donald Trump described her as a nice girl?

A: Yes.

Q: Based on your conversation with Mr. Trump, did you have an understanding as to whether he was aware of the specifics of Karen McDougal's description of the affair?

A Yes, I did.

Q: What made you come to such an understanding?

A: I think that Michael Cohen gave him the -- spoke to Donald Trump, which he said he was going to -- which -- excuse me -- which Donald Trump said on the phone that, "I spoke to Michael." And I believe that when Mr. Trump said that to me over the phone that she was a nice girl, I believe that he knew who she was --

Q: Why would you recommend to Donald Trump purchasing the story?

A: I believed the story was true. I think that it would have been very embarrassing to himself and also to his campaign.

Q: After your conversation with Donald Trump, did you have another conversation with Michael Cohen?

A: Yes. On the conversation with Donald Trump, he said to me, clearly, that he doesn't buy stories because it always gets out. And he said to me that Michael Cohen would be calling me. He was going to speak to Michael and he would be calling me back.

A: I said that -- that, "This story about Karen, since she's claiming that she has a relationship with you, should be taken off the market." And Mr. Trump said, "I don't normally -- I don't buy stories because it always gets out." And then I said, "I still think you should buy the story." And Mr. Trump said to me, "I'll speak to Michael, and he'll get back to you."

Q: And so, as you sit here today, you remember that during that conversation, you said to President Trump: It is my understanding that she doesn't want her story published?

A: (Pause). Yes. I did. I remember saying that.

Judge Merchan concluded the rereading of the jury instruction. The jury foreman confirmed in open court that the readback of the instructions were responsive to the jury's note.

The court reporters then began reading the transcript portions, with two court reporters role playing the transcript -- one playing the prosecutor and the other playing David Pecker.

Trump looked around, craning his neck, and then began listening to the testimony.

Judge Merchan again explained the legal theory at the center of the case.

Prosecutors allege that Trump falsified business records in order to hide a violation of New York election law.

"Under our law, a person is guilty of such a conspiracy when, with intent that conduct be performed that would promote or prevent the election of a person to public office by unlawful means, he or she agrees with one or more persons to engage in or cause the performance of such conduct," Merchan said.

Prosecutors offered three theories about the unlawful means: a tax crime, falsification of bank records, or campaign finance violations. The jury does not need to be unanimous about which theory they believe.

"Although you must conclude unanimously that the defendant conspired to promote or prevent the election of any person to a public office by unlawful means, you need not be unanimous as to what those unlawful means were," Merchan said.

In a social media post last night, Trump falsely claimed Judge Merchan was "not requiring a unanimous decision" in the case. Merchan reiterated that the jury does indeed need to be in full agreement about their verdict that Trump falsified business records in furtherance of another crime -- but they don't have to agree on which of the three proposed unlawful means were used to corrupt the election.

Trump, at the defense table, dozed off for a few minutes as Merchan continued his reread. Trump's head was resting on his chest. He then jolted up, shaking his head.

Judge Merchan reread the law on Count 1 against Trump.

"Under our law, a person is guilty of falsifying business records in the first degree when, with intent to defraud that includes an intent to commit another crime or to aid or conceal the commission thereof, that person makes or causes a false entry in the business records of an enterprise," he said.

He then read definitions of enterprise, business record, intent, and other terms used in the description.