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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On call, Cohen said Trump 'hated' that they did Daniels agreement
During defense attorney Emil Bove's re-cross examination of Stormy Daniels' former attorney Keith Davidson, jurors heard Michael Cohen on a recorded 2018 phone call telling Davidson, "And I can't even tell you how many times he said to me, 'I hate the fact that we did it.' And my comment to him was, 'But every person that you've spoken to told you it was the right move.'"
Davidson said that Cohen was referring to Trump and Stormy Daniels' nondisclosure agreement.
Trump, in the courtroom, leaned forward in his chair as he read the transcript of the recordings displayed on the screen on counsel table.
Bove concluded his re-cross by getting Davidson to say again that he never met Donald Trump.
Jurors hear portion of 2018 call between Davidson, Cohen
Prosecutor Joshua Steinglass led off the re-direct examination of Stormy Daniels' former attorney Keith Davidson by asking Davidson about the recorded phone call with Cohen in April 2018.
At the time, attorney Michael Avenatti had taken over as Daniels' lawyer and was suing Davidson, he said.
Steinglass sought to get Davidson to add context to incendiary-sounding remarks during his phone call with Cohen.
"You were not telling Michael Cohen that Stormy Daniels was talking about the election and how she's going to lose her leverage after the election?" Steinglass asked.
"Correct," Davidson said.
Jurors then heard a portion of a recorded call.
"What would you do if you were me," Cohen said on the call.
"I can't even imagine," Davidson replied.
"Would you write a book? Would you break away from the entire Trump ... doctrine, you know? Would you go completely rouge? Would you join with (Steve) Bannon? Any thoughts? Because it's not just me that's being affected -- it's my entire family. Nobody is thinking about Michael," Cohen said.
Steinglass then completed his redirect.
Trump stares at Alvin Bragg as DA enters courtroom
Defense attorney Emil Bove moved on to question Stormy Daniels' attorney Keith Davidson about the nondisclosure agreement Daniels had signed as part of hush money arrangement.
On the signature page, Bove pointed out how there are the initials "esq" next to Michael Cohen's signature.
"Because he's signing this agreement as a lawyer?" he asked Davidson, who agreed -- appearing to support why Trump reimbursed Cohen and marked it as a legal expense.
Bove then wrapped up his cross-examination, leading to a short break in the proceedings.
Trump remained in the courtroom, standing and speaking with his attorney Susan Necheles and legal adviser Boris Epshteyn.
When Manhattan District Attorney Alvin Bragg entered the courtroom, Trump stared right at him and his eyes appeared to follow Bragg as the DA moved toward his seat.
Although mere feet from one another, Bragg did not appear to look at Trump.
Defense suggests Cohen never said Trump OK'd hush payment
"You used the word leverage," defense attorney Emil Bove said of the March 2018 recorded phone conversation between Stormy Daniels' attorney Keith Davidson and Michael Cohen. "And that was Ms. Daniels' goal was it not? To create leverage over President Trump?"
"No," Davidson responded.
Davidson pushed back against the timing of the call suggested by Bove.
"I think you are grossly mistaken about the dates. This is years after the settlement," Davidson said.
Jurors heard the substance of the audio recording in bits and pieces as Bove read from the transcript.
“It’s the truth, Michael. You know that -- that you and I both want the truth out there,” Bove read from transcript of Davidson's remarks.
According to Bove, Davidson said at the time that Cohen getting authorization from Trump for the Daniels payment was “never discussed.”
As the lawyers and the judge in the case listened to the recording on headphones, Trump stared forward as he sat at the defense table. His eyes appear shut at times and he adjusted himself in his seat.
Defense attorneys Todd Blanche and Susan Necheles attempted to communicate across Trump on several occasions.
Judge tells Trump he has 'absolute right to testify'
Judge Juan Merchan began the day's proceedings by clearing up a "misunderstanding" about the case's limited gag order's impact on Trump's ability to testify.
It comes after Trump, speaking after court yesterday, told reporters, "I'm not allowed to testify because this judge who's totally conflicted has put me under an unconstitutional gag order," referring to the limited gag order that keeps him from directing prohibited comments at witnesses, jury members, and attorneys in the case.
"I want to stress, Mr. Trump, that you have an absolute right to testify at trial," Merchan said from the bench while looking directly at the former president. "That is a constitutional right that cannot be denied ... it is a fundamental right that cannot be infringed upon."
"The order on extrajudicial statements does not prevent you from testifying in any way, it does not prohibit you from taking the stand and it does not prohibit or minimize what you could say from the witness stand," Merchan said.
The judge told Trump and his lawyers that the order only prohibits extrajudicial statements -- not statements made during the actual proceeding.
"It does not apply to statements made from the witness stand," Merchan said, directing Trump to speak to his lawyers if he has any further questions.
Trump clearly nodded along as Merchan spoke to him.