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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Defense asks again about integrity of Cohen's phone data
Douglas Daus told defense attorney Emil Bove that the recording on Michael Cohen's phone of of a 2016 conversation with Donald Trump lacks any metadata to suggest it was ever modified. Bove asked Judge Merchan to strike the response from the record, but the judge denied the request.
Bove then continued to ask Daus about about reliability of the evidence extracted from Cohen's phones.
At one point, Bove suggested that jurors would have to take "Michael Cohen's word for it" regarding the integrity of the evidence after Daus was unable to answer a series of questions with confidence. Daus' said his role was limited to extracting the data from phone, so he couldn't answer questions about the context of the investigation.
Bove suggested for a second time that, in order to fully trust the integrity of the phone, "We would have to take Michael Cohen's word for it."
"It would seem so," Daus said.
Bove subsequently ended his cross-examination of Daus.
Defense questions recording of Trump-Cohen conversation
Defense attorney Emil Bove Bove continued his attempts from yesterday to cast doubt on the integrity of the secret recording that Michael Cohen made of a conversation with Donald Trump on September 6, 2016, in which the two appeared to discusses the hush money payment to Karen McDougal.
Bove highlighted that Cohen conducted a factory reset of his phone on October 15, 2016.
"That sequencing ... raises some questions about that file right?" Bove asked.
"You have to then look at where that file came from," Daus responded.
"It raises some questions that require further analysis?" Bove asked.
"That is fair," Daus said.
It's unclear if the factory reset materially impacted the recording in any way since Cohen had backed up his device, Daus said.
Bove also repeated a line of questions from yesterday about the abrupt end to the recording of the Cohen-Trump conversation.
"You don't know how long the conservation continued?" Bove asked.
"No I don't," Daus said.
Yesterday, Daus suggested that Cohen's phone received a call that may have prompted the recording to end, but Bove suggested today that the extraction lacked any metadata to suggest an incoming call was received.
Defense questions chain of custody for Cohen's phone
Defense attorney Emil Bove has resumed his cross-examination of custodial witness Doug Daus, who conducted the extraction of Michael Cohen's two iPhones for the Manhattan's DA's office.
Bove appears to be continuing a line of questioning to raise suspicions about the chain of custody related to the phones.
He asked Daus about a four-day gap between the Manhattan DA receiving the phone and delivering it to the unit that processes the phone's contents. Bove also asked about only one witness signing the receipt form for the phone.
Bove also asked Daus about a "self-destruct timer" that Cohen used for one of his encrypted messaging apps. Daus confirmed that Cohen used the setting for some chats on one his three encrypted messaging applications.
Merchan reiterates jury won't be shown 'Access Hollywood' tape
Before the jury was led into the courtroom, Judge Merchan addressed whether an image of Donald Trump and Billy Bush that appeared in a Washington Post article about the "Access Hollywood" tape should be allowed into evidence.
The judge reiterated his ruling not to have the "Access Hollywood" tape played for the jury, though he repeated his earlier determination that prosecutors could show jurors a transcript of the remarks, which included Trump boasting about grabbing women.
"I don't want those words to be associated with Mr. Trump's face or voice," Merchan said.
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,