UPDATE: The judge presiding over Donald Trump‘s hush money case denied the former president lawyer’s motion for a mistrial.
Todd Blanche, representing Trump, said that Stormy Daniels‘ testimony was “unduly and inappropriately prejudicial.”
Earlier today, Daniels testified about a sexual encounter with The Apprentice host in 2006. Daniels then described receiving a threat not to go public with the story.
“It’s still extraordinarily prejudicial to insert safety concerns into a trial about business records,” Blanche said.
He said that in 2016, Daniels had been trying to sell her story of a consensual encounter with Trump, but “that’s not the story we heard today.”
Judge Juan Merchan said that “there were some things that were probably better left unsaid.” The judge added, “In fairness to The People, I think your witness is a little difficult to control.”
“Having said that, I don’t believe we’re at the point where a mistrial is warranted.”
He said that the defense could examine inconsistencies in Daniels’ story on cross examination. He said that he planned to give the jury an instruction about Daniels’ account of being threatened by an unknown person in a parking lot in 2011.
Susan Hoffinger, one of the prosecutors in the case, said that Daniels’ testimony “goes directly to the issue of her credibility,” which she said the defense has repeatedly attacked.
PREVIOUSLY: Adult film actress Stormy Daniels testified earlier today that she and Donald Trump had sex in his hotel suite in Lake Tahoe in 2006, and that he never asked her to stay quiet about the encounter in their many follow-up calls and meetings.
Then, in 2011, after she had done an interview with InTouch magazine about the encounter for an article that never ran, a stranger approached her and her infant daughter in a parking lot in Las Vegas after a maternal workout class, “and he threatened me not to continue to tell my story,” Daniels testified.
Daniels, a key prosecution witness in the Manhattan District Attorney’s hush money case against Trump, said that from that point onward her priority was to tell her story as a way to stay “safe.”
“My motivation wasn’t money, it was to get the story out,” Daniels testified. When the story did surface later that year, however, in October on a gossip website called The Dirty, Daniels said she panicked “because I had been threatened, and I didn’t want the person who threatened me and my baby thinking I had done it.”
“I was freaking out, crying, hyperventilating,” Daniels recalled.
Attorney Keith Davidson, then representing her manager, intervened and got the website to pull the story — an episode that Davidson in detail during his own testimony earlier in the trial, when he said that Trump’s lawyer, Michael Cohen, swore at him in a phone call and he assured Cohen that Daniels hadn’t talked to the gossip site.
Prosecutors have tied their case against Trump to a $130,000 payment that Daniels received from Cohen. The historic indictment of a former U.S. president charges that Trump falsified business records to conceal his reimbursement to Cohen, and that Trump’s financial deceptions were felonies because they were intended to influence the 2016 presidential election by concealing a potential sex scandal in the last days of the campaign.
It wasn’t clear from testimony who threatened Daniels in the parking lot.
In testimony frequently upended by defense objections that Judge Juan Merchan upheld, Daniels said her manager, Gina Rodriguez, approached other publications but with no success — until the infamous Access Hollywood tape surfaced in October of 2016 of Trump bragging that he grabbed women by the genitals.
Soon after, she told jurors and Assistant District Attorney Susan Hoffinger, she learned that Trump and his emissary Cohen wanted to create a non-disclosure agreement for $130,000.
“And who was the beneficiary of that NDA?” Hoffinger asked.
“Donald Trump,” Daniels replied.
Daniels said she “didn’t care” about the dollar figure. “It was just to get it done.” She described her financial situation as an adult performer as “the best it had ever been.”
Daniels said she signed the agreement using a fake name, Peggy Peterson, and she signed a side letter agreement containing the two parties’ real names, hers and Trump’s.
She said she wanted the agreement completed before the November presidential election. But as an October 14 deadline for payout came and went, Daniels said she worried “that I wouldn’t be safe or he would never pay, or there wouldn’t be a trail to keep me safe,” meaning a paper trail.
She said she was concerned that “if it wasn’t done before the election it wasn’t ever going to happen.”
Daniels, wearing a dark top with her blonde hair pulled back, spoke so rapidly and discursively that Judge Merchan asked her to slow down to let the court reporter catch up, and then chided her to confine her answers to the question being asked. After one break, Judge Merchan told Hoffinger that “the degree of detail that we’re going into is unnecessary.”
Daniels described meeting Trump at a celebrity golf tournament in Lake Tahoe in 2006. It was then that he invited her to his hotel room, she said.
Daniels said the sexual encounter happened after she emerged from Trump’s hotel suite bathroom and found him lying on the bed in boxers and a t-shirt. She said the sight of him gave her a “jump scare” because he had been fully dressed, she testified, when they were sitting in the suite earlier talking for two hours.
She said she thought, “Oh my god, what did I misread to get here?”
She said it had been her intention to leave, but that she instead wound up on the bed with Trump. She said they weren’t drinking alcohol, and that she hadn’t been drugged, and she didn’t describe the sex as coerced, but she described the encounter as a kind of out-of-body experience. “I didn’t say anything at all,” she said.
Afterwards, she said her hands were shaking so much she had trouble dressing herself. She testified that Trump said, “Oh it was great, let’s get together again, honey bunch.”
“I just wanted to leave,” Daniels. She recalled seeing a copy of one her DVD’s that she had signed for Trump sitting on the nightstand.
PREVIOUSLY: Stormy Daniels detailed what happened when she met Donald Trump at a celebrity golf tournament in Lake Tahoe in 2006, including a lengthy conversation that preceded a sexual encounter.
Trump has denied her claim.
On the witness stand, Daniels testified that she and Trump spent two hours just talking in his lavish Lake Tahoe hotel suite after they had met earlier in the day on a golf course during a celebrity golf tournament in July 2006. Daniels was there because the adult film company she worked for, Wicked, had sponsored one of the golf course tournament holes — a detail she said she found funny.
The key figure in the Manhattan District Attorney’s hush money case against Trump, Daniels delivered a detailed account of the evening she spent at the hotel and the lengthy conversation that preceded the sexual encounter she claims happened. A Trump lieutenant, Michael Cohen, would later pay Daniels $130,000 to keep silent about the encounter.
She said Trump urged her to become a contestant on his reality show The Apprentice and offered to give her inside information to help her not lose right away.
She also said she playfully swatted him on the rear, on a dare from him, because she found him arrogant and overbearing in conversation. After that, Daniels said, “He was much more polite.”
Daniels testimony will continue after a mid-morning break.
PREVIOUSLY: Stormy Daniels took the stand in Donald Trump’s hush money trial in New York on Tuesday, a star witness in the prosecution’s case against the former president.
Speaking at a rapid clip, Daniels started by telling the jury her biography, before she answered questions about a 2006 celebrity golf tournament in Lake Tahoe where she claims that a tryst with Trump occurred.
She laughed as she testified that her publicist urged her to go to dinner with Trump, after she had rejected an initial invite made by Trump’s bodyguard. “It was like. ‘What could possibly go wrong?’” she said.
Daniels was the second witness called today.
Prosecutors opened testimony with a survey of two books he wrote in the 2000s, Trump: How to Get Rich and Trump: Think Like a Billionaire. Trump co-wrote them with a longtime Trump Organization employee, speechwriter Meredith McIver.
A senior editor at Random House Penguin, Sally Franklin, testifying under a subpoena, read aloud excerpts from both books — which were published by Random House Penguin imprints — at the prompting of Assistant District Attorney Rebecca Mangold.
Jurors saw and heard excerpts from chapters entitled “Pay Attention to the Details,” “How to Pinch Pennies” and “Sometimes You Still Have to Screw Them.” In the latter chapter, Franklin read aloud Trump’s philosophy of payback: “For many years I’ve said when someone screws you screw them back.
Franklin also read a passage that extolled Trump’s then-chief financial officer, Allen Weisselberg, “as a loyal employee and the ultimate master of playing the cards of business.” Weisselberg is currently serving five months in jail.
A passage from How To Get Rich about Trump’s experience as host of the hit reality show The Apprentice said, “All the women on the Apprentice flirted with me, consciously or unconsciously. That’s to be expected.”
In another passage read aloud from Think Like a Billionaire, Trump wrote, “I always sign my checks so I know where my money’s going.”
In a brief cross-examination, Trump lawyer Todd Blanche noted that for both books Trump had a credited co-author, Meredith McIver, a longtime Trump Organization speechwriter. Blanche asked if McIver might have served as a ghostwriter of the book. “I’m not sure how exactly she contributed,” Franklin replied. “All I know is she helped our primary author in some way.”
That exchange prompted Mangold to lead Franklin through another set of excerpts, with details from the book’s acknowledgment pages and asides from Trump about his personal history and business philosophy. The idea was to establish that the memories, ideas and themes of the books came directly from Trump, not a ghostwriter.
PREVIOUSLY: Stormy Daniels is scheduled to testify today in Donald Trump’s hush money trial in New York.
One of Trump’s attorneys, Susan Necheles, confirmed in court that Daniels will be the second witness called by prosecution. Necheles objected to Daniels testimony, “in particular to her testifying about any details about sexual acts.”
“There is really no reason for it to be coming into a case about books and records,” she argued.
Daniels, the former porn actress, claimed that she had sex with Trump in 2006, something he has denied. The trial centers on a $130,000 hush money payment to her in advance of the 2016 presidential election. Prosecutors contend that Trump falsified business records to conceal the payment.
One of the prosecutors, Susan Hoffinger, said that Daniels’ testimony “completes the narrative of the story…The details are important..And it’s important for us to establish her credibllity.”
Judge Juan Merchan said that he will allow Daniels to testify, saying that the prosecution had assured him that they were “not going into detail about the sexual act itself.”
But Hoffinger clarified that they “have to elicit that they had intercourse.” Merchan agreed with the prosecution, saying that Daniels has “credibility issues” and it was important for “certain background information” to be discussed.
The first witness called was Sally Franklin, senior vice president and managing editor at Random House, publisher of Trump’s books like How to Get Rich and Think Like A Billionaire.
PREVIOUSLY: Stormy Daniels could take the stand in Donald Trump’s hush money trial as soon as today, according to multiple press reports.
The porn actress — whose real name is Stephanie Clifford — was paid $130,000 by a Trump lawyer, Michael Cohen, during the 2016 presidential campaign to stay quiet about a sexual encounter with the married Trump that she claimed had happened a decade earlier.
Daniels attorney Clark Brewster told the AP that it was “likely” Daniels would take the stand today.
The deal with Daniels is the centerpiece of the Manhattan District Attorney’s case against Trump. After Cohen paid her off days before the 2016 election, prosecutors say, Trump and his allies undertook a lawbreaking scheme to repay Cohen. They falsified business records by disguising the reimbursement as taxable income for legal work Cohen never did, according to prosecutors.
Trump has denied any sexual contact with Daniels, and his lawyers have suggested that Cohen acted on his own to protect Trump from her salacious claims. Monday’s comparatively dry and detailed testimony — from a pair of Trump Organization accounting employees, once since retired — revealed the inner workings of the payments to Cohen.
Even as president, Trump made time to sign checks to Cohen that were approved by his company’s chief financial officer and overnighted to the White House, according to testimony from the Trump accounting employees.
Daniels went on to write a tell-all memoir, Full Disclosure, claiming she slept with the Celebrity Apprentice star in 2006 at a celebrity golf tournament in California.
Earlier today, Trump posted a message on his social media platform, Truth Social, that read, “I have just recently been told who the witness is today. This is unprecedented, no time for lawyers to prepare. No Judge has ever run a trial in such a biased and partisan way.” He then deleted the post. The judge in the case, Juan Merchan, has threatened Trump with jail time if his continues to comment on witnesses or potential witnesses in the case, as well as jurors and other participants. The judge already has fined Trump $10,000 for violations of a partial gag order.
Merchan’s gag order does not apply to himself, and the judge remains a daily target of Trump’s free-ranging remarks to press outside the courtroom.
Trump on Monday responded to a second contempt ruling by suggesting he’s willing to risk lockup to assert his First Amendment rights. “And frankly, you know what, our Constitution is much more important than jail,” he said on his way out of court Monday. “It’s not even close. I’ll do that sacrifice any day.”