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 rules on Trump's attacks being admitted as evidence
After a break, Judge Merchan ruled that prosecutors can submit evidence related to Trump's attacks on his former attorney Michael Cohen if the defense first chooses to question Cohen's credibility as a witness.
Merchan said, "I imagine" the defense will seek "to discredit" Cohen -- and when they do, he said, "the door is open" for prosecutors to introduce those tweets of Trump's.
Trump has been leaning forward with his hands clasped beneath his chin as his attorney, Todd Blanche, argues about what other evidentiary guardrails should be in place.
Prosecutors say they may seek to have Trump held in contempt
Following the arguments over alleged witness intimidation, prosecutors signaled they may seek to have Trump held in contempt.
A limited gag order Judge Merchan imposed in recent weeks prohibits Trump from attacking witnesses and others associated with the case.
"Shortly, we will be seeking order to show cause as to why defendant should not be held in contempt," prosecutor Josh Steinglass said, suggesting Trump violated Merchan's order.
DA wants Trump's 'pressure campaign' admitted as evidence
Prosecutor Joshua Steinglass argued that several pieces of evidence related to Trump's alleged "pressure campaign" meant to "keep witnesses off this stand, at this trial" should be introduced at trial.
Steinglass said Trump's public commentary amounted to a "thinly veiled effort to intimidate" two of the government's star witnesses, Michael Cohen and Stormy Daniels.
"The defendant himself has publicly embraced the public strategy of going after his perceived enemies," Steinglass said.
"These tweets, phone calls and emails" should be permitted, Steinglass said. "It's a clear effort to raise the cost of cooperation."
Trump's public postings, Steinglass argued, demonstrate Trump's attempts to silence potential fact witnesses and "relate to his consciousness of guilt."
Trump attorney Todd Blanche pushed back, saying that Trump has been "facing criticism from all sides … the media and others ... and he's defending himself" to his "millions and millions of followers."
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.
Secret Service has plans if Trump is confined for contempt: Sources
The U.S. Secret Service has held meetings and started planning for what to do if former President Trump were to be held in contempt and Judge Juan Merchan opted to send him to short-term confinement, officials familiar with the situation tell ABC News.
Prosecutors said at this point they are seeking a fine.
"We are not yet seeking an incarceratory penalty," assistant district attorney Chris Conroy said, "But the defendant seems to be angling for that."
Officials do not necessarily believe Merchan would put Trump in a holding cell in the courthouse but they are planning for contingencies, the officials said.
There have be no discussion about what to do if Trump is convicted and sentenced to prison, they said.
"Under federal law, the United States Secret Service must provide protection for current government leaders, former Presidents and First Ladies, visiting heads of state and other individuals designated by the President of the United States," the Secret Service said in an official statement. "For all settings around the world, we study locations and develop comprehensive and layered protective models that incorporate state of the art technology, protective intelligence and advanced security tactics to safeguard our protectees. Beyond that, we do not comment on specific protective operations."
-Josh Margolin and Luke Barr