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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Davidson was investigated for Hogan extortion but not charged
Under cross-examination, Stormy Daniels' former attorney Keith Davidson testified that he attempted to negotiate a monetary offer from Hulk Hogan related to the release of an alleged sex tape.
"There was a monetary demand made," Davidson said while declining to provide specifics.
Davidson denied that he leaked any information about the alleged tape to the National Enquirer though Dylan Howard.
Davidson appeared to admit that he was investigated for extortion related to Hulk Hogan by the Tampa Police Department.
"They conducted an investigation, yes," Davidson said.
"An investigation related to extortion?" Bove asked.
"I believe so," Davidson said.
"You were not ultimately charged, right"" Bove asked.
"True," Davidson said.
When asked if he learned about extortion law from the experience, Davidson mumbled, "Perhaps, I don't know."
Defense's questioning of Davidson turns heated
Trump attorney Emil Bove's cross-examination of Stormy Daniels' former attorney Davidson turned heated as Bove asked Davidson about some of his previous cases.
Bove asked about his alleged involvement in a TMZ story related to Lindsey Lohan's treatment at a rehab facility.
"I don't recall that," Davidson.
Bove then asked Davidson about his clients related to Charlie Sheen.
"We asserted that there was tortious activity," Davidson said, adding there was some kind of settlement.
Bove then attempted to ask Davidson about the specifics of the settlement related to Sheen.
"I'm not going to answer that question," Davidson said. "I don't recall."
"Is it fair to say your memory seems a bit fuzzy?" Bove said.
Davidson appeared to be refusing to answer some questions while invoking attorney-client confidentiality.
"We're both lawyers here -- I'm not trying to play lawyer games with you," Bove said, telling Davidson he was just demanding truthful answers.
"You are getting truthful answers, sir," Davidson said bluntly.
Defense attorney suggests Davidson extorted Daniels payment
Defense attorney Emil Bove appeared to suggest that Keith Davidson, as Stormy Daniels' attorney, was committing extortion when he negotiated the Daniels payment. Bove asked whether the statute of limitations has run out for any extortion offenses.
"What does the word extortion mean to you?" Bove asked.
"Extortion is the attaining property by fear or threat of force," Davidson said.
"By 2016, you were pretty well versed in getting right up to the line without committing extortion?" Bove asked.
"I don't understand your question," Davidson said.
Bove asked Davidson about a 2012 state and federal extortion investigation related to Hulk Hogan.
"I familiarized myself with the law," Davidson said of the 2012 investigation "I did everything I could to make sure my activities were lawful."
Bove attempted to suggest that based on that past experience, Davidson intentionally avoided making overt threats related to the 2016 election when negotiating the Daniels payment.
"I made no threats to anyone," Davidson responded.
Davidson says he provided legal services without retainer
Under cross-examination, Keith Davidson agreed that he provided legal services to Stormy Daniels in 2011 when he sent a cease-and- desist letter to TheDirty.com when the website published allegations of an affair between Daniels and Trump.
"You were acting as Ms. Daniels' attorney?" Trump lawyer Emil Bove asked.
"Yes," Davidson responded, while noting there was no formal retainer agreement.
The defense has suggested Trump properly characterized his reimbursement to Michael Cohen, which sits at the heart of the case, as a legal expense because it was a payment to a lawyer.
Prosecutors have repeatedly said there was no retainer agreement between Trump and Cohen.
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.