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.


What to know about the hush money case

READ MORE: Here's what you need to know about the historic case.


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Judge won't allow sexual misconduct allegations

Judge Merchan declined to allow prosecutors to introduce the sexual misconduct allegations a number of women made against Trump during the closing weeks of the 2016 campaign, deciding they're "complete hearsay."

However, Merchan said prosecutors are allowed to show the jury videotaped clips of Trump from some of his campaign events in which he appears agitated about some of the allegations.

"This concern over losing female voters was the catalyst for the defendant to lock down the Stormy Daniels story before it became the straw that broke the camel's back," prosecutor Josh Steinglass argued.

The defense said unproven accusations of other women whose claims are not part of the criminal trial are "a very prejudicial sideshow."

The judge agreed that introducing the allegations themselves would not be fair to Trump, but he told prosecutors "You can still use those tapes" of Trump's campaign appearances. The former president has denied all such allegations.

Trump is leaning back in his chair as he listens to this throwback to the chaotic close of the 2016 campaign, frequently leaning in to tap defense attorney Todd Blanche on the arm to get his attention and then whispering something into his ear.


Judge affirms 'Access Hollywood' tape can't be played

Prosecutors will not be allowed to play audio or video of the former president's infamous "Access Hollywood" tape or his video deposition from the E. Jean Carroll defamation case for jurors, Judge Merchan ruled.

Joshua Steinglass, a prosecutor, argued that the words used in the "Access Hollywood" tape was necessary for jurors to get a complete picture of their case. Blanche framed the video as "extremely salacious evidence that's very, very, very prejudicial."

On the matter of the "Access Hollywood" tape, Merchan reaffirmed his prior ruling that it should not be played for the jury -- but said prosecutors can read Trump's words aloud.

"It's not a little point," Merchan said. "My ruling that we were not to play the tape was, and remains, that the tape itself is so prejudicial -- to see Mr. Trump depicted, the words coming out of his mouth, the facial expressions … the tape itself should not come in."

On the 2005 tape, Trump can be heard saying that "when you're a star, you can do anything" to women, including "Grab them by the p----."

Merchan also said video from Trump's deposition in E. Jean Carroll's defamation trial should not be played to the jury.


Judge hears arguments over evidence

Judge Merchan heard arguments about whether evidence involving the Trump campaign's interactions with the National Enquirer and Trump's alleged affair with former Playboy model Karen McDougal should be allowed at trial. The former president has denied all allegations of the affair.

Trump attorney Todd Blanche argued that the topics are a "sideshow" that threatened to "do nothing but confuse the jury about the actual crime charged."

Of the McDougal claims, Blanche called them "literally just salacious with no value."

Merchan ultimately sided with prosecutors on both, saying it would help prosecutors present a "narrative" and "lay the proper foundation" for their case.

The materials are "not illegal or improper," Merchan said. "I will allow it."

Merchan did instruct prosecutors not to make references to the fact that Trump's wife Melania was pregnant at the time of the alleged affair with McDougal.


Judge addresses dispute over jury questionnaire

After blocking Trump's effort to remove him from the case, Judge Merchan addressed a series of logistical and scheduling matters --- including his intention to take two days off next week for Passover.

Merchan then moved on to a more substantial matter: a dispute over how jurors will be questioned and selected. Trump attorney Todd Blanche argued that the jury questionnaire includes "asymmetry" that opens the door for jurors who harbor hostility toward the former president to be seated.

Merchan swiftly denied it. "That is not relevant," he said. "There is no asymmetry in the questionnaire."

Meanwhile, the former president appears to be listening intently. His eyes appear fixed on the judge at times and, at other times, he is reviewing papers in front of him.


Pecker reiterates that he didn't want Stormy Daniels' story

Former National Enquirer publisher David Pecker testified on cross-examination that the publication's limited involvement in Stormy Daniels' hush money payment was unrelated to the August 2015 Trump Tower meeting where Pecker vowed to serve as the "eyes and ears" of Trump's presidential campaign.

Pecker's testimony on cross-examination about the Daniels story appeared consistent with his testimony yesterday about his strong desire not to be involved in the Stormy Daniels payment.

Pecker said yesterday that he did not want to be involved in the story due to concerns about reputational harm to the National Enquirer and a lack of reimbursement for the other payments he had made to suppress previous Trump stories.

"I said, we already paid $30,000 to the doorman, we paid $150,000 to Karen McDougal, and I am not a bank. I am not paying out any further disbursements among us," Pecker testified yesterday. Pecker said he instructed National Enquirer Chief Content Officer Dylan Howard to flag the Stormy Daniels story to Michael Cohen, who made the payment to Daniels himself.

Asked about Daniels' payment on cross-examination, Pecker said that the National Enquirer's limited involvement was unrelated to their vow to Trump.

"You did not consider the Stormy Daniels story to be part of any agreement you had in August 2015?" defense attorney Emil Bove asked.

"That is correct," Pecker said.

"You wanted nothing to do with it?" Bove said.

"That's correct," Pecker said.

Pecker added that he did not "authorize" Howard to continue communicating with Stormy Daniels' lawyer Keith Davidson about the payment.

When Howard raised concerns to Pecker that Davidson had not yet been paid by Michael Cohen, Pecker said he was angry that Howard continued to communicate with Davidson about the story. In addition to the nature of the story -- which Pecker said could endanger the National Enquirer's relationship with its distributors -- Pecker said Cohen's delay in paying Daniels' lawyer could result in reputational harm to the National Enquirer.

"Frankly, you were not happy to be hearing that?" Bove asked about Cohen's delayed payment.

"Yes," Pecker said.

"The main concern was Howard's reputation?" Bove asked.

"Yes," Pecker said.