The defense is set to resume its cross-examination of David Pecker on the Day 8 of Trump hush money trial. On Thursday, the prosecution concluded its questioning of Pecker and the defense took over. Read more to stay updated for today's trial.
A quick recap:
The defense initiated its cross-examination of David Pecker, the former publisher of the National Enquirer, on Thursday.
Donald Trump's attorney, Emil Bove, attempted to portray Pecker’s assistance to the former president during the 2016 election as routine and unremarkable.
Bove’s cross-examination spanned slightly more than an hour before the court adjourned for the day.
The defense is scheduled to resume its questioning of Pecker today.
Click here for the highlights of Day 7
David Pecker, the ex-publisher of the National Enquirer, is set to face his fourth day of testimony, undergoing cross-examination by Trump attorney Emil Bove.
Bove is honing in on discrepancies in Pecker's account regarding the presence of former Trump aide Hope Hicks at the 2015 Trump Tower meeting where discussions about suppressing stories allegedly took place.
Prosecutors raised objections multiple times to this line of questioning, leading to bench conferences as prosecutor Joshua Steinglass asserted that Hicks was not mentioned in Pecker's proffer meeting with federal prosecutors. Judge Merchan concluded Thursday’s session stating, "It's misleading, and we’re going to correct it tomorrow."
Bove indicated that he anticipates a couple more hours for cross-examination, followed by redirect.
Justice Juan Merchan, presiding over the hush money case, has not yet made a decision regarding prosecutors' request to penalize Donald Trump for purportedly breaching a gag order. This order prohibits Trump from publicly criticizing witnesses, certain court officials, and their relatives.
Merchan announced plans for a hearing next Thursday to investigate additional allegations of gag order violations raised by prosecutors. Potential penalties for such violations include fines of $1,000 per instance or imprisonment. However, prosecutors have clarified that they are not currently seeking incarceration for Trump.
Under questioning by prosecutors, former National Enquirer publisher David Pecker testified about a 2015 meeting in which he discussed the possibility of running articles about Bill and Hillary Clinton, as well as Trump's opponents in the Republican presidential primary.
Donald Trump's attorney, Emil Bove, raised questions about this meeting, probing Pecker's motives. Pecker asserted that such moves were beneficial for the tabloid's business interests.
Pecker noted that the Enquirer had previously published negative stories about the Clintons, indicating that these articles garnered favorable traction before the tabloid began coordinating with the Trump campaign.
Bove is investigating the National Enquirer's editorial process, claiming the tabloid had its own publishing incentives unrelated to any deal with Trump. Bove pulled five headlines in 2015 about Ben Carson, describing him as a "bungling surgeon" and alleging he harmed patients.
Pecker acknowledged it was standard practice at the publication to recycle stories from other outlets with a new slant, and that the National Enquirer had been running negative stories about Trump's 2016 rival Hillary Clinton and her husband, former President Bill Clinton, long before the August 2015 meeting where he agreed to help Trump's campaign.
Pecker testified that in August 2015, he, Trump, and former Trump attorney Michael Cohen devised a plan for the National Enquirer to support Trump's presidential campaign.
However, during questioning by Trump's lawyer, Pecker admitted that the term "catch-and-kill" was not mentioned during that meeting. This term refers to the practice of tabloids buying the rights to stories to prevent their publication. Pecker also stated that there was no discussion of any financial arrangements, such as the National Enquirer paying individuals on Trump's behalf for the rights to their stories.
Delving into the sensational narratives highlighted in Pecker's previous testimony, Bove raised the issue that the parent company of the National Enquirer, not Trump or his then-lawyer Michael Cohen, paid a former Trump Tower doorman $30,000 in 2015 for the rights to an unverified claim suggesting that Trump had fathered a child with an employee at Trump Tower.
Pecker had earlier testified that the Enquirer considered the story to be potentially explosive if true, but ultimately deemed it "1,000% untrue" and chose not to publish it. Both Trump and the woman implicated have refuted the allegations.
Bove posed a hypothetical question to Pecker, asking whether he would have published the story if it had been substantiated. Pecker responded affirmatively, stating, "Yes."
The defense's consistent use of the term "President Trump," even in reference to events predating his election, is causing frustration among prosecutors.
Trump’s legal team stated at the trial's outset their intention to address their client as President Trump "out of respect for the office he held from 2017 to 2021."
However, Assistant District Attorney Joshua Steinglass argued on Friday that employing this title is anachronistic and perplexing when applied to questions and testimony concerning events during Trump's 2015 and 2016 campaign.
"Objection. He wasn’t President Trump in June of 2016," Steinglass pointed out after one such instance. The judge upheld the objection.
The defense's questioning has focused on the 2016 deal between the National Enquirer's parent company and former Playboy model Karen McDougal. The $150,000 agreement granted American Media Inc. exclusive rights to McDougal's account of any relationship with any then-married man, specifically about Trump.
The contract also called for McDougal to pose for magazine covers and produce columns and content on fitness and aging for various American Media titles. Defense attorney Emil Bove sought to understand the objectives of the pact, which was essentially a fig leaf to keep McDougal's story from becoming public and potentially influencing Trump's chances at the presidency.
However, McDougal's story and American Media's deal became public in a Wall Street Journal article four days before the 2016 election.
Bove is examining a statement of facts in a 2018 non-prosecution agreement between Pecker and federal investigators, relating to an August 2015 meeting at Trump Tower. Pecker is asked about his statements during an October 2019 interview with the district attorney's office. Bove questions Pecker about a disagreement over a single word, "selling and purchasing is the same thing. Someone has to buy them."
The defense is working to discredit Pecker's claims and doubt his recollection of events regarding the National Enquirer's relationship with Trump. Bove has spent much of the cross-examination attempting to dismantle Pecker's credibility, highlighting inconsistencies in his statements to prosecutors over the years compared to his trial testimony.
Defense attorney Emil Bove is interrogating Pecker regarding numerous agreements made by American Media Inc. to settle investigations into its involvement in purchasing stories on Trump’s behalf.
After scrutinizing the company’s non-prosecution agreement with federal prosecutors, the defense counsel shifted focus to inquire about a conciliation agreement between the publishing firm and the Federal Election Commission. As part of this arrangement, American Media Inc. paid a civil penalty of $187,500 to resolve a campaign finance violation.
As Bove concluded his cross-examination, Pecker affirmed, "I've been truthful, to the best of my recollection."
Now it's the prosecutors' turn to pose some more questions to the former National Enquirer publisher, a standard procedure in trials.
Prosecutor Joshua Steinglass is now engaged in what's referred in the legal realm as "redirect" examination—a subsequent round of questioning prompted by the inquiries posed by the defense to Pecker.
Upon resuming his interrogation of Pecker, prosecutor Joshua Steinglass revisited a topic previously broached during cross-examination: the true intent behind a 2016 contract executed by the National Enquirer’s parent company with former Playboy model Karen McDougal.
Steinglass inquired, "Wasn’t the contract truly aimed at 'locking up the Karen McDougal story?'"
To which Pecker affirmed, "Yes," subsequently elucidating that the provisions concerning columns and articles were "included in the contract basically to disguise the actual purpose of it."
Steinglass probed further, asking, "And what was the actual purpose of it?"
Pecker responded, stating, "to acquire the lifetime rights to her story so it’s not published."
During the trial's lunch break, Trump took to social media to respond to President Joe Biden's statement on Friday, expressing his willingness to debate this fall.
Posting on Truth Social, Trump expressed skepticism, suggesting that he believes Biden "doesn’t really mean it." He proposed the idea that if Biden is genuinely interested, they should engage in a debate next week or even on Friday at the Manhattan courthouse, broadcasted nationally, adding, "I’ll wait around."
Prior to entering the courtroom on Friday morning, Trump voiced his discontent about being in court instead of celebrating his wife's birthday in Florida. He mentioned his intention to fly to Florida after the trial adjourned for the day.
Following the lunch break, Pecker resumed his position on the witness stand, and Steinglass presented him with the FBI notes from an interview conducted in August 2018.
According to the notes, in January 2017, Pecker had a meeting with Trump at Trump Tower, during which Trump expressed gratitude to Pecker for the McDougal and Sajudin stories.
Steinglass inquires, "Was it the truth then?"
Pecker confirms, "Yes."
Steinglass follows up, asking, "Is it the truth now?"
Pecker affirms, "Yes."
With that, Pecker's testimony concludes.
Prosecutors have summoned Rhona Graff to testify.
Graff, Trump's former longtime assistant, took the stand.
Upon entering the courtroom, Trump cast a glance in her direction. However, she did not appear to acknowledge his table as she made her way to the witness stand.
Rhona Graff, who commenced her tenure with Trump in 1987 and departed from the Trump Organization in April 2021, has been characterized as his gatekeeper and trusted confidante.
Playing a crucial role in managing his records, Graff was one of several individuals involved in this aspect of Trump's affairs. According to Michael Cohen's 2020 book "Disloyal," Graff maintained her own office in Trump Tower, complete with a sizable filing cabinet housing folders containing information on various matters related to Trump.
During Thursday's proceedings, former National Enquirer publisher David Pecker, the prosecution's inaugural witness, attested that Graff frequently served as the intermediary for his communications with Trump. Pecker stated that Graff directed his calls and arranged a meeting at Trump Tower on January 6, 2017, where discussions involving some of the hush money arrangements central to the case took place.
Graff had previously been subpoenaed in the New York attorney general’s Trump civil fraud investigation. However, she did not testify during the trial last year. Read More
During her testimony, Rhona Graff, a longtime assistant to Trump, confirmed that the contact information for Stormy Daniels and Karen McDougal was stored in the Trump Organization’s Outlook computer system.
Subsequently, prosecutors presented these contact entries to the jurors as exhibits. The exhibits revealed that McDougal's contact information included both a phone number and an address. In contrast, for Daniels, only a phone number was listed, identified under the single name "Stormy."
After a rapid-fire series of inquiries from prosecutors, primarily centered on specific scheduling particulars, Trump's attorneys posed broader questions regarding Rhona Graff's professional rapport with her former employer.
Reflecting on her 34-year tenure at the Trump Organization, Graff remarked, "I never had the same day twice. It was a very stimulating, exciting, fascinating place to be."
Graff characterized Trump as a "fair" and "respectful" boss.
During her testimony, Graff recalled an instance when Stormy Daniels visited Trump's offices in Trump Tower.
"I have a vague recollection of seeing her in the reception area," stated the former longtime Trump assistant.
The exact date of the visit was not immediately apparent.
Graff speculated that Daniels may have been there to explore the possibility of becoming a contestant on one of Trump's "Apprentice"-branded television shows.
"President Trump had expressed his opinion that she would be an interesting addition to the cast," queried Trump lawyer Susan Necheles.
"It was part of the office chatter," Graff confirmed.
As Graff concluded her testimony and prepared to leave the witness stand, Trump exchanged a brief word with her.
As an officer escorted Graff away from the witness stand, Trump seemed to extend his hand towards her.
While Trump's lawyers conversed with Judge Merchan at the bench, Trump rose from his seat and interacted with Graff.
The prosecution has summoned Gary Farro, a former senior managing director at First Republic Bank, as its third witness.
Gary Farro, currently employed as a private client adviser at Flagstar Bank, was previously associated with First Republic, a financial institution utilized by former Trump attorney and fixer Michael Cohen.
Farro is testifying in response to a subpoena.
Farro testified that Flagstar Bank has established policies against engaging in certain lines of business, such as gambling, adult entertainment, and check cashing.
During Farro's tenure at First Republic Bank, Michael Cohen, Trump's former personal attorney, utilized his own home equity line from the bank to facilitate the $130,000 payment to Stormy Daniels.
In 2018, Michael Avenatti, Cohen's attorney at the time, provided an email to CNN indicating that a First Republic Bank employee confirmed the deposit to Cohen, who used both his personal and trumporg.com email accounts.
According to NBC, the bank employee who confirmed the deposit was an assistant to Farro.
During his testimony, Farro revealed that Michael Cohen held multiple personal bank accounts at First Republic Bank when Farro assumed responsibility for the client relationship in 2015.
“I was told that I was selected because of my knowledge and because of my ability to handle individuals that may be a little challenging,” Farro said.
“Frankly, I didn’t find him that difficult,” he continued.
Farro meticulously described the process of assisting Michael Cohen in creating an account for his limited liability company (LLC), Resolution Consultants. Prosecutors presented emails wherein Cohen emphasized the significance of opening the account.
According to Farro, Cohen asserted that the company, established in September 2016, was connected to real estate ventures. However, the LLC was actually formed to facilitate the proposed acquisition of Karen McDougal’s story rights from American Media, a deal that ultimately fell through.
Farro clarified that since the account remained unfunded, it was never officially activated. Consequently, Cohen redirected his efforts towards initiating another account for a different LLC—Essential Consultants—which he utilized to execute the $130,000 payment to Stormy Daniels. Similarly, Cohen indicated to Farro that this entity would engage in real estate consulting.
Today's trial has been concluded. Since Monday is a pre-scheduled day off, proceedings will resume on Tuesday.
Thus far, prosecutors have summoned three witnesses to testify.
Former National Enquirer publisher David Pecker testified for approximately 10 hours across four days.
Following Pecker's testimony, Trump's longtime executive assistant Rhona Graff fielded questions for approximately 30 minutes.
Currently, Cohen's former banker Gary Farro has been on the stand for just under an hour on Friday and is expected to continue his testimony when the trial reconvenes on Tuesday.