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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On call, Cohen said Trump 'hated' that they did Daniels agreement
During defense attorney Emil Bove's re-cross examination of Stormy Daniels' former attorney Keith Davidson, jurors heard Michael Cohen on a recorded 2018 phone call telling Davidson, "And I can't even tell you how many times he said to me, 'I hate the fact that we did it.' And my comment to him was, 'But every person that you've spoken to told you it was the right move.'"
Davidson said that Cohen was referring to Trump and Stormy Daniels' nondisclosure agreement.
Trump, in the courtroom, leaned forward in his chair as he read the transcript of the recordings displayed on the screen on counsel table.
Bove concluded his re-cross by getting Davidson to say again that he never met Donald Trump.
Jurors hear portion of 2018 call between Davidson, Cohen
Prosecutor Joshua Steinglass led off the re-direct examination of Stormy Daniels' former attorney Keith Davidson by asking Davidson about the recorded phone call with Cohen in April 2018.
At the time, attorney Michael Avenatti had taken over as Daniels' lawyer and was suing Davidson, he said.
Steinglass sought to get Davidson to add context to incendiary-sounding remarks during his phone call with Cohen.
"You were not telling Michael Cohen that Stormy Daniels was talking about the election and how she's going to lose her leverage after the election?" Steinglass asked.
"Correct," Davidson said.
Jurors then heard a portion of a recorded call.
"What would you do if you were me," Cohen said on the call.
"I can't even imagine," Davidson replied.
"Would you write a book? Would you break away from the entire Trump ... doctrine, you know? Would you go completely rouge? Would you join with (Steve) Bannon? Any thoughts? Because it's not just me that's being affected -- it's my entire family. Nobody is thinking about Michael," Cohen said.
Steinglass then completed his redirect.
Trump stares at Alvin Bragg as DA enters courtroom
Defense attorney Emil Bove moved on to question Stormy Daniels' attorney Keith Davidson about the nondisclosure agreement Daniels had signed as part of hush money arrangement.
On the signature page, Bove pointed out how there are the initials "esq" next to Michael Cohen's signature.
"Because he's signing this agreement as a lawyer?" he asked Davidson, who agreed -- appearing to support why Trump reimbursed Cohen and marked it as a legal expense.
Bove then wrapped up his cross-examination, leading to a short break in the proceedings.
Trump remained in the courtroom, standing and speaking with his attorney Susan Necheles and legal adviser Boris Epshteyn.
When Manhattan District Attorney Alvin Bragg entered the courtroom, Trump stared right at him and his eyes appeared to follow Bragg as the DA moved toward his seat.
Although mere feet from one another, Bragg did not appear to look at Trump.
Defense suggests Cohen never said Trump OK'd hush payment
"You used the word leverage," defense attorney Emil Bove said of the March 2018 recorded phone conversation between Stormy Daniels' attorney Keith Davidson and Michael Cohen. "And that was Ms. Daniels' goal was it not? To create leverage over President Trump?"
"No," Davidson responded.
Davidson pushed back against the timing of the call suggested by Bove.
"I think you are grossly mistaken about the dates. This is years after the settlement," Davidson said.
Jurors heard the substance of the audio recording in bits and pieces as Bove read from the transcript.
“It’s the truth, Michael. You know that -- that you and I both want the truth out there,” Bove read from transcript of Davidson's remarks.
According to Bove, Davidson said at the time that Cohen getting authorization from Trump for the Daniels payment was “never discussed.”
As the lawyers and the judge in the case listened to the recording on headphones, Trump stared forward as he sat at the defense table. His eyes appear shut at times and he adjusted himself in his seat.
Defense attorneys Todd Blanche and Susan Necheles attempted to communicate across Trump on several occasions.
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,