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 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.
Judge denies motion to recuse himself
After attorneys for each side introduced themselves, Judge Juan Merchan said that before jury selection can begin "there are a couple of loose ends we need to go over before we start."
The first item, Merchan said, was a pair of motions filed by Trump's legal team seeking his recusal from the case, citing his past comments in interviews and his daughter's work with a Democrat-affiliated firm.
The motions, Merchan said, cite "pages and pages of screen grabs, articles, social media posts and the like" that amount only to "a series of inferences, innuendos, and unsupported speculation."
To call them "attenuated is an understatement," Merchan said.
Merchan denied the motion and said the court would not address the matter further.
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