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 to know about the hush money case
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Prosecutor calls Trump's remarks 'deliberate and calculated'
Prosecutor Christopher Conroy told Judge Merchan during the contempt hearing that the limited gag order exists because of Trump's "persistent and escalating rhetoric" regarding trial participants, adding that Trump had violated the gag order nine times already.
"He has done it again here," Conroy said.
"That is what the order forbids, and he did it anyway," Conroy said about Trump's remarks about the composition of the jury.
Conroy then turned his attention to Trump's remarks about witness and former National Enquirer publisher David Pecker last Thursday at a construction site in midtown Manhattan, in which he said, "He's been very nice. I mean, he's been -- David's been very nice. A nice guy."
"It was deliberate and calculated," Conroy said, describing the remarks as a "deliberate shots across the bow" to participants in the case.
"The defendant thinks the rules should be different for him," Conroy says about Trump's remarks about witnesses like Michael Cohen and David Pecker.
Trump has defended some of his commentary about the trial as a recitation of what he sees in media coverage. But Conroy said that Trump's rhetoric carries an "air of menace that is substantially different" than a news report.
"He places this process and proceeding here in jeopardy," Conroy said,
Contempt hearing underway
Judge Juan Merchan has begun this morning's contempt hearing in which he will determine whether to hold Trump in contempt and fine him for making four additional out-of-court statements about the jury and known witnesses in the trial, after the judge on Tuesday cited and fined him for nine such violations.
Prosecutor Christopher Conroy, speaking for the Manhattan district attorney's office during the contempt proceeding, said he does not plan to play the videos of the alleged violations.
Trump arrives in courtroom
Former President Donald Trump has arrived in the courtroom for today's proceedings.
Proceedings get underway today with a second contempt hearing on Trump's alleged violation of the case' limited gag order, before testimony in the trial resumes.
Day will begin with 2nd contempt hearing
Two days after Judge Juan Merchan held former President Trump in criminal contempt for nine violations of the limited gag order that prohibits statements about witnesses and others involved in the case, the judge will hold a hearing this morning to determine whether to hold Trump in contempt again and fine him $4,000 for making four additional out-of-court statements about the jury and known witnesses in the trial.
Judge Merchan on Tuesday fined the former president $1,000 for each of the nine violations -- the maximum allowable fine under state law -- and threatened that future violations could result in jail time.
Testimony in the trial is scheduled to resume following the conclusion of this morning's hearing.
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.