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.
Top headlines:
- Banker says he set up LLC, which Cohen used to pay Daniels
- 'Thank you for handling' McDougal, Pecker says Trump told him
- 'This story is true,' Pecker recounts being told of Stormy Daniels
- Pecker describes $150,000 negotiations for McDougal's story
- 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.
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.
Prosecutors dispute that Trump arrangement was 'standard'
On redirect examination, prosecutor Joshua Steinglass sought to dismantle defense attorney Emil Bove's claim that former National Enquirer publisher David Pecker's actions on behalf of Donald Trump were nothing more than "standard operating procedure" in the tabloid industry.
Steinglass cited Pecker's previous testimony that nondisclosure agreements were commonplace in the course of his work.
But, Steinglass asked, "On how many others did the CEO -- meaning you -- coordinate with a presidential candidate for the benefit of their campaign?"
"That was the only one," Pecker said.
Referring to Michael Cohen's input on AMI's negotiation with Karen McDougal, Steinglass asked, "Is it standard operating procedure ... to have a presidential candidate's campaign person weighing in on what terms of a contract are to be amended?"
"No," Pecker replied.
Steinglass ticked through several other matters related to Pecker's arrangement with Trump, including whether it was common practice to offer a political candidate the opportunity to "accept or reject" stories, or for the paper to "run attacks" on their opponents.
Each time, Pecker answered "No" -- that they were not common practice.