Trump trial: Stormy Daniels tells (almost) all about alleged sexual encounter with Trump

Donald Trump watched Stormy Daniels testify on Day 13 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.


What to know about the hush money case

READ MORE: Here's what you need to know about the historic case.


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Daniels is told to 'stay focused' before she retakes stand

With the judge's permission and the defense's consent, prosecutor Susan Hoffinger stepped out to confer with Stormy Daniels before she was to retake the witness stand.

The judge said Hoffinger would remind Daniels to "stay focused" and make sure she "does not provide any unnecessary narrative."

Trump stared forward as Daniels reentered the courtroom. Only after she turned toward the witness stand -- passing the defense table where the former president sits -- did Trump glance at Daniels.

"Good afternoon Miss Daniels, I remind you that you're still under oath," Judge Merchan said as she retook the stand.


Judge says remedy for defense is on cross-examination

"As a threshold matter, Mr. Blanche, I agree that there are some things that would be better left unsaid," Judge Merchan told defense attorney Todd Blanche in denying the defense's motion for a mistrial based on Stormy Daniels' testimony.

"The witness was a little difficult to control. Having said that, I do think there were guardrails in place ... certain details that I don't think we needed to get into," the judge said.

"Whether these are new stories or not new stories, the remedy is on cross-examination. So I'm going to deny your motion for a mistrial at this time," Merchan said.

"I was surprised that there were not more objections" from the defense team, the judge added.

"At one point, the court ... objected, because there was no objection coming from the defense," he said.


Judge denies motion for mistrial after Stormy Daniels testimony

Prosecutor Susan Hoffinger pushed back on the defense's request for a mistrial, arguing Daniels' testimony was consistent and permissible.

"This story -- her account -- is highly probative of the defendant's intent," she said. "This is not new. This is not a new account."

"They opened the door to this," she said. Her testimony was necessary for prosecutors "to rehabilitate credibility where they attacked it" in their opening statement.

Hoffinger defended her direct examination, telling Merchan she dialed back the testimony at his request.

"We were extremely mindful of not eliciting too much testimony about the actual act," Hoffinger said.

Blanche fired back, telling Merchan that the testimony from Daniels was a harmful distraction.

"I don't think anybody can listen to what that witness said and think it had anything to do with the charged conduct," he said. "You run a very high risk of the jury not being able to focus on the evidence that really does matter."

"I don't believe we are at the point where a mistrial is warranted," Merchan said.


Defense moves for mistrial over Daniels' testimony

Trump's defense team has moved for a mistrial over Stormy Daniels' testimony

"We move for a mistrial based on the testimony this morning," defense attorney Todd Blanche said following the lunch break.

"The guardrails by this witness answering questions by the government were just thrown to the side," Blanche said.

"There is no remedy that we can fashion ... to unring this bell," Blanche said about the impact of Daniels' testimony.

Blanche argued the prosecutors wanted to embarrass Trump and inflame the jury and was far afield from a case about falsification of business records.

"She talked about a consensual encounter with President Trump that she was trying to sell," Blanche said. "We heard a completely different story."

Blanche argued that the testimony regarding condoms, being "blacked out" and and the "power dynamic" prejudiced the jury.

"This has nothing to do with the reason why we're here," Blanche said. "How can you un-ring a bell?"

The prosecution pushed back.

"Her account completes the narrative that precipitated the falsification of business records," Hoffinger said. "It is precisely what the defendant did not want to become public."


Trump was 'cursing audibly' during Daniels' testimony

Former President Trump was "cursing audibly" at one point during today's direct examination of Stormy Daniels, according to a transcript of a sidebar conversation that was released following court.

"I understand that your client is upset at this point, but he is cursing audibly, and he is shaking his head visually and that's contemptuous.
It has the potential to intimidate the witness and the jury can see that," Judge Juan Merchan told Trump's attorney during the sidebar, according to the transcript.

"I will talk to him," said Trump attorney Todd Blanche.

"So, I am speaking to you here at the bench because I don't want to embarrass him," Merchan said. "You need to speak to him. I won't tolerate that."

"I will talk to him," Blanche replied.

Following a subsequent break, reporters heard Judge Merchan ask Blanche whether he had spoken to his client, but at the time it wasn't clear what the judge was referring to.

Daniels' testimony included a graphic description of her alleged sexual encounter with Trump in 2006.