Trump trial: 1st week of testimony ends with testimony from Michael Cohen's former banker
Banker Gary Farro testified in Donald Trump's hush money trial in New York.
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 to hide the reimbursement of 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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- Banker says he set up LLC, which Cohen used to pay Daniels
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- Secret Service has plans if Trump is confined for contempt: Sources
What to know about the hush money case
READ MORE: Here's what you need to know about the historic case.
Defense says Trump's posts were responding to attacks
Trump attorney Todd Blanche, responding to prosecutors' request for Judge Merchan to fine Trump for three social media posts they say violated the judge's limited gag order, characterized the posts as "limited responses to this barrage of attacks" against him by Stormy Daniels and Trump's former attorney Michael Cohen.
"It's not as if President Trump is going out and targeting individuals. He's responding to … attacks from these witnesses," Blanche said.
The three posts by Trump -- two on April 10 and a third on April 13 -- came just days before the trial.
In one of those posts, Trump thanked Daniels' former attorney, Michael Avenatti for "revealing the truth about two sleaze bags" -- a statement prosecutors say clearly "attacks" Daniels and Cohen and their participation in the trial.
Judge Merchan said Blanche would have an opportunity to respond in a paper filing.
"I'll take this upstairs with me over the lunch recess," Merchan said.
The judge then recessed court until 1:30 p.m. ET.
Prosecutors seek to have Trump fined for social media posts
Prosecutors with the Manhattan district attorney's office asked Judge Merchan's permission to seek to hold former President Trump in contempt for alleged violations of the judge's order against attacking witnesses.
"We're seeking permission to file a proposed order to show cause to show why the defendant should not be held in contempt based on extrajudicial statements," assistant district attorney Chris Conroy said.
He said the order would seek a $1,000 fine for each of three social media posts that prosecutors said violated the judge's limited gag order.
The three allegedly offending posts occurred this month when Trump reposted a social media post from Stormy Daniels' former attorney Michael Avenatti that was disparaging of Daniels and former Trump attorney Michael Cohen, plus a second post about Daniels and a third post about a member of the prosecution team.
"It is important for the court to remind President Trump he is a criminal defendant," Conroy said. "The defendant has expressed a willingness to flout the order" Merchan imposed.
Defense attorney Todd Blanche said the three posts do not violate the gag order. He sought permission to formally respond in writing.
Trump 'wants to be present at everything,' attorney says
Former President Donald Trump "wants to be present at everything" during trial, his attorney told the court, including side conferences during the jury selection process.
Judge Merchan suggested that could create "logistical" issues, citing the the presence of Secret Service agents, but suggested he would do his best to accommodate Trump.
The judge then directed a series of questions to Trump himself, asking him whether he understands that his failure to attend the trial or appear for sentencing could merit penalties from the court.
After each question, Trump nodded his head and appeared to answer verbally, "Yes," or "I do."
Jury selection almost ready to begin
After several hours of arguments over various evidentiary and procedural matters, jury selection is nearly ready to get underway.
"This is what we're going to do -- sit down and relax," Judge Merchan told attorneys for both sides. "We have 500 jurors waiting for us. And to be honest with you, I'm not interested in getting into this minutiae with you."
"There's more important work to be done," he said.
Before moving on, Merchan assured attorneys for both parties that his pretrial rulings are subject to change over the course of the trial.
"This is a roadmap," Merchan said, referring to his rulings. "I can reverse myself, I can change my mind."
Merchan then began reading instructions to the attorneys about how to conduct themselves before prospective jurors.
Judge won't excuse Trump to attend Supreme Court arguments
At the end of the court day, Judge Juan Merchan denied a request from defense attorney Todd Blanche to excuse Trump from the proceedings in New York next Thursday, when the U.S. Supreme Court hears Trump's bid for presidential immunity in his 2020 federal election interference case.
"It's an incredibly unusual case," Blanche said.
"Arguing before the Supreme Court is a big deal; I can understand why your client wants to be there," Merchan said -- adding that standing trial in New York is also a big deal.
"Your client is a criminal defendant in New York County Supreme Court. He's required to be here," the judge said.