Trump trial: Judge rebukes Michael Cohen ahead of expected testimony Monday
Former President Trump was in court on Day 15 of his criminal trial in New York.
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 seeks gag order exception so Trump can reply to Daniels
Judge Juan Merchand, preparing to hear the defense's request to limit the expected testimony of Karen McDougle, who was paid by the National Enquirer to suppress her claim of a year-long affair with Trump, was told that the motion is no longer necessary.
"The people informed me they no longer intend to call Ms. McDougal," defense attorney Tood Blanche said.
Blanche then argued to Judge Merchan that Trump should be able to respond to Stormy Daniels' testimony, seeking to an exception to the limited gag order that prohibits Trump from targeting witnesses and jurors.
Blanche asked that Trump be "allowed to respond publicly to what happened in court the past day and a half."
"He needs an opportunity to respond to the American people," Blanche said.
Because Daniels is off the witness stand, Blanche argued that Trump's comments about her testimony would not impact the proceedings.
Assistant District Attorney Chris Conroy opposed the request to loosen the gag order.
"It seems as if the other side lives in an almost alternate reality. There is a proceeding here that this order is designed to protect," Conroy said, adding that the appropriate place to respond to testimony is in the courtroom.
"We have seen the fear in some of these witnesses," Conroy added, citing Westerhout's reaction when her personal information appeared on some exhibits. He added that a recent custodial witness had concerns for their safety.
According to Conroy, the fear was Trump's "doing."
Conroy argued that the gag order should protect witnesses before, during, and after their testimony.
Westerhout calls Trump's relationship with Melania 'special'
On cross-examination by defense attorney Susan Necheles, Trump White House aide Madeleine Westerhout sang Trump's praises.
"You thought he was a great person to work for?" Necheles asked.
"Yes," Westerhout said, telling jurors that Trump was a great president.
Westerhout previously testified that she found Trump's relationship with his wife Melania Trump "special," and described their dynamic in glowing terms.
"He was my boss, but she was definitely the one in charge," she said. "I just remember thinking that their relationship was really special. They laughed a lot when she came into the Oval Office."
Necheles sought to pull this thread, asking Westerhout about how they engaged with one another at the White House.
"There were times when I could tell [Trump] was on the phone with Mrs. Trump, and he would say 'Honey ... come to the window,' and they would kind of wave to each other," from the residence, Westerhout said.
Westerhout then stepped off the stand so Judge Juan Merchan could hear the three motions the defense has asked to bring. The judge dismissed the jury in preparation for hearing the motions.
Westerhout's testimony is scheduled to resume tomorrow.
Westerhout breaks down recalling her White House departure
"I am very regretful of my youthful indiscretion," Trump White House aide Madeleine Westerhout said, explaining that she left the White House after sharing information with reporters at an off-the-record dinner.
Trump appeared to confer with Blanche as Westerhout began to cry.
Fighting back tears, Westerhout said she has "grown a lot since then."
She spoke through tears and choked up as she told the jury about why she wrote her book about her time in the White House.
"I don't think he was treated fairly and I wanted to tell that story," Westerhout said of Trump.
'Sorry, sir,' Westerhout says, testifying about picture frame purchase
In June of 2017, Trump White House aide Madeleine Westerhout sent Trump Organization executive assistant Rhona Graff a photo and said then-President Trump wanted it framed.
"President Trump wanted to put in a frame to put behind his desk in the office," Westerhout testified. "Behind the Resolute Desk there was a little credenza."
Graff responded that she had no empty frames and offered to go to Tiffany & Co., next door to the Trump Tower, but she said the frames were "on the pricey side," about $650.
"Does DJT want to spend that much?" Graff asked in the email.
"Is this the type of thing that Mr. Trump would want to weigh in on?" prosecutor Becky Mangold asked Westerhout.
"I don't recall another instance like this," said Westerhout, but she said this was a photo of Trump's mother that he wanted it framed.
"We may have made the executive decision without his approval," Westerhout said. She glanced toward Trump sitting at the defense table, and said, "Sorry, sir."
Judge suggests Weisselberg could testify
With the jury out of the courtroom, defense lawyer Emil Bove argued that Judge Merchan should not allow former Trump Organization CFO Allen Weisselberg's severance agreement with the company to get into evidence.
Weisselberg, who is currently serving a five-month sentence on New York's Rikers Island for committing perjury during Trump's civil fraud trial, he received a $2 million severance agreement from the Trump Organization.
Prosecutor Christopher Conroy argued the separation agreement "offers a real explanation for why he is not going to be here in this trial."
"We just respectfully disagree with that," Bove responded, saying Weisselberg is not testifying because the district attorney's office pursued a perjury case against him.
Judge Merchan did not issue a ruling on the matter but suggested the parties might have "jumped the gun" by suggesting Weisselberg can't testify "without making an effort to get him here."
As an alternative, Merchan suggested that Weisselberg could testify outside the presence of the jury before determining the appropriate next step.