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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'What have we done?' Stormy Daniels' lawyer texted on election night
On election night, as results were coming in that were favorable to Trump, Stormy Daniels' attorney Keith Davidson texted National Editor Dylan Howard, "What have we done?" according to texts shown the jury.
"This was sort of gallows humor. It was on election night as the results were coming," Davidson testified.
Asked to explain his text message, Davidson responded, "There was an understanding that our activities may have in some way assisted the presidential campaign of Donald Trump."
"Oh my god," Howard responded to the text on election night.
Jurors shown final contract for Stormy Daniels agreement
Jurors were shown the final Stormy Daniels contract, which prohibited her from making public statements about her alleged affair with Trump.
"That's essentially part of the nondisclosure aspect of the agreement," her then-attorney, Keith Davidson, told jurors after reading aloud from the contract.
The contract stated that Daniel's would owe $1 million for each breach of contract, though Davidson said that portion of the contract was likely unenforceable.
Davidson testified that Michael Cohen requested the $1 million penalty be added to the contract.
Jurors were shown signed copies of the agreement, which was signed by Daniels, Cohen, and Davidson.
The signature line for "David Dennison" -- the pseudonym used for Donald Trump -- was never signed by Trump. In one version of the contract, Cohen signed for "Dennison."
Davidson testified that he made $10,000 for negotiating the contract.
Lawyer resumes testimony on Stormy Daniels hush payment
Following the contempt hearing, Keith Davidson, the former lawyer for Stormy Daniels and Karen McDougal, has returned to the stand to resume his testimony.
When Davidson stepped off the witness stand on Tuesday, he testified about the difficulty in getting the $130,000 payment from then-Trump attorney Michael Cohen for Stormy Daniel's hush money agreement.
Prosecutor Joshua Steinglass resumed the direct examination by asking Davidson about a phone call between himself, Michael Cohen, and National Enquirer editor Dylan Howard about the payment.
"That conversation took place because there was difficulty in communications with Michael Cohen and I had lost trust in what he was telling me, and Dylan came in as a mediator," Davidson said. "I believed he was not telling me the truth ... about the delays in funding."
Jurors then looked at an email from Cohen where he flagged to Davidson that the wire would be coming from an account for Essential Consultants LLC.
On Tuesday, jurors heard from a banker who described Cohen's rushed effort to create a bank account for Essential Consultants LLC, which prosecutors say was a shell company created for the Daniels payment.
Emails and texts involving Cohen, Davidson and Howard, displayed to the jury, indicate the hush payment was finalized with the wire transfer of $130,000 on October 27, 2016 -- 12 days before the 2016 election.
Contempt hearing ends without immediate ruling
After Judge Merchan asked defense attorney Todd Blanche to explain Trump's remarks about the jury, Blanche argued that Trump's remarks referenced the political nature of the trial.
"We very much believe that this is a political persecution and that this is a political trial," Blanche argued.
"I'm not accepting your argument," the judge said. "He spoke about the jury. And he said the jury was 95% Democrats and the jury had been rushed through, and the implication being this is not a fair jury."
The judge concluded the contempt hearing without issuing a ruling on whether Trump's four recent statements violated the case's limited gag order.
Testimony in the trial was then set to resume.
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.