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.
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Defense says Trump was responding to Cohen's remarks
Judge Merchan told Trump attorney Todd Blanche that he is "not terribly concerned" about Trump's remarks about David Pecker being a "nice guy."
"I am not terribly concerned about that one," Merchan said during the hearing on whether Trump should again he held in contempt for allegedly violating the case's limited gag order.
Blanche then turned to Trump's remarks about witness Michael Cohen, displaying exhibits that included screenshots of four posts on Cohen's X account.
"There is repeated attacks on President Trump's candidacy for president by Michael Cohen," Blanche said about Cohen's posts on X and remarks on TikTok as well as on his podcast, appearing to cite ABC News' reporting.
"You made your point," Merchan responded after Blanche spent a few minutes highlighting Cohen's public comments.
"Mr. Cohen has started going on TikTok nightly, literally making money," Blanche added. "He actively encourages folks to give him money."
Trump glares at his attorney after he agrees with judge
At one point in the ongoing contempt hearing, Trump appeared to show frustration with his own attorney during arguments regarding Trump's remarks to the press.
When Judge Merchan said that "nobody is forcing" Trump to make remarks in the hallways, Trump attorney Todd Blanche surprisingly responded, "I agree."
At that moment, Trump shot around and glared at his own lawyer in disbelief, his mouth hanging open. He then turned back around to face forward, repeatedly shaking his head no.
"What is happening in this trial is no surprise to anyone," Merchan said of the media attention. "It is not surprising that we have press here."
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.
Prosecutors ask judge to again fine Trump for contempt
Prosecutor Christopher Conroy argued that Trump's remarks about witness Michael Cohen, Trump's former attorney -- including Trump's statements in the courtroom hallway after opening statements last week -- were made to "affect and disrupt" the proceedings at its "most critical time."
"His statements are corrosive to this proceeding and to the fair administration of justice," Conroy said.
"We are not yet seeking jail," Conroy said about the four alleged violations, citing the desire to prevent disruptions to the proceedings.
He asked Merchan to fine Trump the maximum of $1,000 for violation, totaling $4,000, following the identical fines earlier this week for nine previous violations.
Defense lawyer Todd Blanche argued that the alleged violations were not willful violations of the court's limited gag order.
Blanche said Trump's commentary reflects his defense to "political attacks" -- and as a candidate for president, he is entitled to respond to "multiple and repeated attacks."
"Part of the campaign takes place outside of this courtroom," Blanche said.
Hicks returns to witness stand after break
Longtime Trump aide Hope Hicks returned to the courtroom after breaking down on the witness stand. Her face was red and her eyes still watery as she walked past the gallery and to her seat on the witness stand.
Trump -- who appeared to be in the middle of a conversation with his lawyers -- did not look up as Hicks re-entered the courtroom after a short break.
Both Trump and Hicks looked straight ahead as the jurors re-entered the courtroom. For a brief moment, Hicks appeared to glance toward the defense table. She did not appear to make eye contact with Trump.
"Sorry about that," Hicks said as defense attorney Emil Bove resumed his cross-examination.