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 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.
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.