Trump trial: Emotional Hope Hicks faces her former boss on 'Access Hollywood' tape, Stormy Daniels payment

Trump's former top aide was the top witness on Day 11 of his hush money trial.

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.


What to know about the hush money case

READ MORE: Here's what you need to know about the historic case.


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Defense seeks to admit phone call recording

Stormy Daniels' former attorney Keith Davidson testified that he continued to work with Trump's then-attorney Michael Cohen after the 2016 election.

"He sent me work," Davidson said, before clarifying.

"He sent me a non-paying client," Davidson said, prompting at least two jurors to laugh.

"Our relationship changed over time," Davidson said of Cohen.

Davidson testified that he believed Cohen was secretly recording him in 2018.

"It was a very structured conservation, which wasn't really his [style]," Davidson said, recounting that Cohen is normally "all over the place."

"That led me to believe I was being recorded," Davidson said.

The defense was attempting to introduced a recorded phone call between Cohen and Davidson in which Davidson said, "Sometimes people get settler's remorse" in connection with the Stormy Daniels hush payment

Bove, Davidson, and Judge Merchan put on headphones to listen to the evidence before it was admitted.

"You were talking about Stormy Daniels with Michael Cohen in March 2018?" Bove asked.

"It certainly appears to be, yes," Davidson responded.


Defense resumes cross-examination of Davidson

Defense attorney Emil Bove resumed his cross-examination of Stormy Daniels' and Karen McDougal's former attorney Keith Davidson by asking Davidson about the 2011 blog post in TheDirty.com that alleged an affair between Trump and Daniels.

Davidson testified that his effort to kill the 2011 blog post helped Stormy Daniels make the story more marketable to another publication.

"They were using my efforts to create an exclusive opportunity with another publication," Davidson said.

"They were using you to make more money, right?" Bove asked about the efforts by Daniels and her representative Gina Rodriguez.

"Yes," Davidson said.

Bove's questioning was briefly interrupted when a binder fell off a table in the courtroom.

"That drop was catastrophic to my client," Bove joked, prompting some light laughter from the gallery.


Judge declines to approve articles for Trump to post

Court has resumed following the lunch break. But before jurors were escorted back into the courtroom, Trump attorney Susan Necheles handed Judge Merchan a series of articles by "legal scholars" like Jonathan Turley that she said are "very critical of this case."

"These articles are all articles which President Trump would like to post on his Truth," Necheles said, referring to Trump's social media platform.

"We think they are perfectly fine, but we think there is ambiguity in the gag order," Necheles said, asking the judge to "take a look at them" before Trump posts them.

Judge Merchan did not seem inclined to take up the matter, saying, "There is no ambiguity in the order."

"I am not going to give an advanced ruling on this," Merchan said. "When in doubt, steer clear."


Davidson was to earn 45% of McDougal's hush payment

Defense attorney Emil Bove asked Stormy Daniels' and Karen McDougal's former attorney Keith Davidson about his 2016 effort to negotiate a payment on behalf of McDougal, who was ultimately paid $150,000 by the National Enquirer so the publication could "catch and kill" her story.

Davidson was set to earn 45% of the payment based on the retainer agreement he signed with McDougal, according to testimony.

Bove suggested that the National Enquirer was struggling to verify McDougal's allegations, which threatened to derail the negotiations.

“I am drafting a declination of representation letter to send off,” Davidson texted Enquirer editor Dylan Howard in 2016, according to evidence.

Davidson testified he could not recall threatening to end the negotiations.

The judge subsequently recessed the proceedings for lunch, with Davidson's cross-examination set to resume after the break.


Defense argues Trump's comments were 'completely neutral'

Defense attorney Todd Blanche argued against accusations that Trump again violated the case' limited gag order, saying that Trump was attempting to respond to political attacks.

Appearing to cite President Joe Biden's remarks at the White House Correspondents' Dinner this weekend, Blanche said, "He mocked President Trump. He said, 'Donald had had a few tough days recently -- you might call it stormy weather," Blanche said, arguing Trump should be able to respond to that remark but can't because of the gag order.

Merchan pushed back on that argument, telling Blanche that Trump is allowed to respond to remarks by Biden.

"Trump can't respond to that in a way that he wants to because of this order," Blanche argued.

Blanche also argued that Trump's remarks about David Pecker were "completely neutral" comments about Trump's longtime friend.

"He is talking ... about a man he had known for decades, who he was friends with for decades. There is no threat in what President Trump said," Blanche said.

Blanche also attempted to put some blame on the press for asking Trump questions prompting his remarks. "He can't just say 'no comment' repeatedly, he's running for president," he said.

Merchan told Blanche that Trump's remarks about Pecker impacts other witnesses, because it signals that Trump could make remarks about other particpants.