Donald Trump’s first criminal trial is underway in Manhattan, where a jury will decide if he broke the law by making and disguising hush-money payments to Stormy Daniels. Here, our running recap of all the key developments and drama.
Donald Trump’s first and potentially only criminal trial before Election Day has begun. It’s also the first-ever such trial for a former president, who could be sent to prison if convicted on charges that he broke the law by paying, and subsequently disguising, hush money to Stormy Daniels via his personal lawyer Michael Cohen during the 2016 campaign. (Judge Juan Merchan could punish him in the meantime for contempt of court, such as repeatedly violating a gag order.)
Below is our recap of the untelevised trial, which we’ll update daily with all the important developments and drama. (You can learn more about the key people involved in the trial here.)
Day 9: Judge Rules Trump Violated Gag Order
Court resumed on Tuesday after a day off. Before the proceedings began, Judge Merchan ruled that Trump had violated his gag order nine times by posting about his former attorney Michael Cohen and adult film star Stormy Daniels, two likely witnesses in the case. He was ordered to take down offending social-media posts and pay a $9,000 fine. Merchan also wrote that he was open to jailing Trump for possible future infractions. The prosecution then continued its questioning of banker Gary Farro. Farro previously worked at the now-shuttered First Republic Bank where his client Michael Cohen set up the account used to pay Daniels.
Texas Attorney General attends trial
Ken Paxton, the Texas attorney general who has experienced some legal troubles of his own, is attending Trump’s trial today in a show of support.
With President Trump in NYC to sit through this sham of a trial. This trial is a travesty of justice. I stand with Trump.— Attorney General Ken Paxton (@KenPaxtonTX) April 30, 2024
Cohen’s former banker continues testimony
Gary Farro, a former senior managing director at First Republic Bank, took the stand again on Tuesday morning, continuing his testimony from Friday. Farro testified that Michael Cohen’s account for Essential Consulting, LLC, which he used to pay pay porn star Stormy Daniels, was set up within five to six hours, which was swift. “Everything was urgent with Michael Cohen,” he said. According to Farro, Cohen said the account was for consulting and gave no indication that it would be used to pay Daniels. He said a connection to the adult film world would’ve prompted further examination from bank officials. “It is an industry that we do not work with,” he said.
The prosecution displayed paperwork that showed Cohen transferred $131,000 from his home equity line of credit into the account and tried to expedite the transfer. The next day, Cohen transferred $130,000 to the account of Keith Davidson, Daniels’s attorney. Farro said the transfer was listed as a “retainer.”
Todd Blanche, Trump’s attorney, then began his cross-examination of Farro. Blanche acknowledged past testimony from Farro that he was assigned Cohen since he’s better with more difficult clients. “Cohen, you believe he’s an aggressive guy, fast speaker. Not easy if you’re not firm,” he asked. Farro agreed. The banker indicated that he was unaware that the account was opened as a shell company and said he would’ve refused Cohen’s request had he known. “If the client had told me that this would be a shell corporation, the account would not have been opened,” Farro said. Before he left the stand, Farro also confirmed that he never spoke to Trump directly.
Merchan is open to jailing Trump over gag order violations
On Tuesday morning, Judge Merchan found Trump in contempt for violating the gag order he placed on him nine times. He ordered Trump to pay a $9,000 fine, one thousand dollars per violation. Trump has until 2:15 p.m. this afternoon to delete the seven TruthSocial posts and two posts from his campaign website in question.
READ Justice Merchan’s contempt order: https://t.co/K1KHksEmTv pic.twitter.com/JlIS02zMAR— Kyle Cheney (@kyledcheney) April 30, 2024
In the order, Merchan notes that the court “will not tolerate continued willful violations” of the order and that jail time is a possible punishment for continued infractions.
Trump can attend Barron’s graduation
Merchan ruled that Trump can be excused from court on May 17 in order to attend the high school graduation of his youngest son, Barron, citing the quickness of the trial so far. Trump had taken to social media, falsely alleging that the judge was refusing to let him go to the family event when his legal team first raised the issue earlier this month. Actually, Merchan had indicated that he would decide at a later date.
Trump wants more from his legal team
In a familiar pattern, Trump has apparently become frustrated with his own attorneys. The New York Times reports that he has begun to complain privately about his legal team, particularly Todd Blanche:
Although Mr. Blanche has been Mr. Trump’s favorite lawyer for some time, behind closed doors and in phone calls, the former president has complained repeatedly about him in recent weeks, according to four people familiar with the situation.
He has griped that Mr. Blanche, a former federal prosecutor and veteran litigator, has not been following his instructions closely, and has been insufficiently aggressive. Mr. Trump wants him to attack witnesses, attack what the former president sees as a hostile jury pool, and attack the judge, Juan M. Merchan.
It’s a family affair
CNN reports that Eric Trump will be joining his father in court after he was seen entering Trump’s motorcade before it left Trump Tower for court. He’ll be the first family member to accompany Trump to this trial since it began.
Day 8: Trump’s Attorney Challenges Pecker
On Friday, Trump’s attorney Emil Bove picked up his cross-examination of former National Enquirer publisher David Pecker from where he left off the previous day. After four days on the stand, Pecker finished his testimony. The court then heard from two new witnesses: Trump’s former executive assistant Rhona Graff and banker Gary Farro. Judge Merchan scheduled a hearing on the prosecution’s new gag order violations accusations for next Thursday. His ruling on their first claims has yet to be handed down.
A sketch recap of Day 8
A banker details his connection to Michael Cohen
Gary Farro, a former senior managing director at the now-defunct First Republic Bank, took the stand as the trial’s third witness. Farro testified that Michael Cohen was previously a client of his and that the ex-attorney was assigned to him due to his ability to “to handle individuals that may be a little bit challenging.” He said he returned a call from Cohen in October 2016 about opening a new LLC account. Prosecutor Rebecca Mangold displayed an email from Farro that read, “Need an account opened for Mike Cohen immediately. He wants no address on the checks. Calling you now to discuss.”
The account in question was for Resolution Consultations LLC, which Cohen intended to use to facilitate the payment to McDougal. Farro testified that he believed that Cohen planned to use the account for “real estate.” Documents presented by the prosecution showed that Cohen marked “no” on a form that asked if the LLC concerned political fundraising or a political action committee. Cohen answered similarly on forms for a separate LLC that the former attorney would ultimately use for the Daniels payment: Essential Consultants LLC.
Trump’s former assistant takes the stand
Pecker wrapped up his testimony after four days on the witness stand. The prosecution then called its next witness: Rhona Graff, Trump’s longtime executive assistant. Graff, who is testifying persuant to a subpoena, said that her attorneys are being paid for by the Trump Organization, the company that employed her for 34 years. Graff testified that she recalled seeing Stormy Daniels in the waiting area for Trump’s office in Trump Tower prior to him becoming president. She also confirmed that Trump kept contacts for both Daniels and McDougal.
During her cross-examination, Graff was asked about her time working for Trump. “I never had the same day twice in all that time,” she said “It was a very stimulating, exciting, fascinating place to be.”
Graff also recalled Trump as being a “fair” boss. As she spoke, Trump could be seen smiling. Trump’s attorney Susan Necheles sought to explain Daniels’s visit to Trump Tower, asking Graff if she thought she was there in connection to a possible appearance on Celebrity Apprentice. Graff said she “vaguely” remembers Trump considering Daniels for the show.
After Graff left the stand following her relatively brief testimony, Trump was observed moving towards her and attempting to shake her hand as she left the courtroom.
Graf done. Trump greets her and tries to shake her hand as she leaves(in front of jury). She gives him big grin. Guards more or less stop him.
DA asks for sidebar before next witness.
And 15 minute recess—suspense builds!— Harry Litman (@harrylitman) April 26, 2024
The prosecution refocuses on the McDougal ‘catch and kill’
In his redirect, prosecutor Joshua Steinglass asked Pecker more questions about the McDougal contract. Previously, Bove tried to suggest that McDougal did benefit from some of the aspects of the agreement and it wasn’t merely packaging for the suppression of her story. Pecker said the added perks of magazine columns and covers were “included in the contract as a disguise.”
Steinglass questioned Pecker on his claim that he had no intentions of publishing McDougal’s story, suggesting that it actually went against the National Enquirer’s interests to do so.
“Had you published a story about a Playboy model having a year-old sexual affair while he was married with a presidential candidate, would that have sold magazines, you think?,” he asked.
“Yes,” said Pecker.
“That would be National Enquirer gold?,” Steinglass said.
Pecker once again agreed.
Steinglass brought up Pecker’s 2018 FBI testimony after court reconvened following a lunch break. Bove suggested in his cross-examination that Pecker contradicted himself on the stand when he said Trump thanked him for handling the McDougal and Trump Tower doorman stories, citing notes from that FBI interview. When asked if he told the FBI that Trump thanked him, Pecker said, “Yes I did.”
Before he wrapped up his redirect, Steinglass asked Pecker if prosecutors ever tried to influence his testimony. He answered no.
Defense continues its cross-examination
On Friday morning, Trump’s attorney Emil Bove picked up his cross-examination of Pecker from where he left off the previous day. Bove raised AMI running negative stories about Bill and Hillary Clinton, asking if they decided to do that prior to the August 2015 meeting between him, Michael Cohen, and Trump. Pecker confirmed that they did, saying it was beneficial for the company. Bove asked the former publisher if AMI ever recycled stories, raising pieces that they published about Trump’s political rivals like Senators Marco Rubio and Ted Cruz. “Yes,” Pecker said.
At one point, Bove referred to Trump as President Trump while questioning Pecker about a 2016 conversation, prompting an objection from prosecutor Joshua Steinglass. “He wasn’t president then!” he said. Merchan sustained. During his opening statement, Bove’s co-counsel Todd Blanche had said his team would call their client President Trump “out of respect for the office that he held from 2017 to 2021.”
Bove also continued a line of questioning from Thursday where he tried to cast doubt on Pecker’s memory of events. He asked if Pecker made an error when he testified that Trump thanked him for his handling of the McDougal and doorman stories.
“Was that a mistake?,” Bove asked.
“No,” Pecker responded.
Bove then raised Pecker’s 2018 testimony to the FBI where he said that Trump expressed no gratitude. “I know what I testified to yesterday and I know what I remember,” Pecker said.
Bove concluded his cross-examination of Pecker before the lunch break and Steinglass stood to begin his redirect.
To testify or not to testify
In the past, Trump has seemed confident that he will ultimately take the stand during his hush money trial. But during a post-court interview on Thursday, he appeared slightly less enthusiatic about the prospect:
Former President Trump now says he is “more or less likely” to testify in his hush money trial.
“If it’s necessary,” he said in an interview Thursday night.
Walking back earlier comments that he would definitively take the stand.— Kellie Meyer (@KellieMeyerNews) April 26, 2024
Turning up the heat
Trump railed against a new enemy during his typical pre-court remarks: the air conditioning in the courthouse:
Trump: So we have another day of court in a freezing courthouse. It’s very cold in there.. on purpose I believe. They don’t seem to be able to get the temperature up. It shouldn’t be that complicated. We have a freezing courthouse and that’s fine pic.twitter.com/O4nT3v6hqH— Acyn (@Acyn) April 26, 2024
For what it’s worth, yesterday’s temperature in the overflow room just down the hall was cool, but manageable.
Day 7: Pecker Gets Into ‘Catch and Kill’ Details
Former National Enquirer publisher David Pecker continued his testimony on Thursday, and the defense began their cross-examination of him.
Taking things in stride
Though the trial will keep Trump largely in New York and away from campaigning across the country, he indicated this morning that he will bring the campaign trail to the city instead.
Trump says he will be doing a «number of large rallies» soon: «We’re going to South Bronx for a rally and we’re going to be doing a rally at Madison Square Garden, I believe…We’re going to have a big rally honoring the police and firemen. A lot of people. Including teachers.»— Meridith McGraw (@meridithmcgraw) April 25, 2024
Prosecution raises Stormy Daniels
After a 20-minute recess, the judge and attorneys discussed various exhibits and whether they should be admitted to the court. Among these was a series of text messages between former National Enquirer editor-in-chief Dylan Howard and an unknown relative. In one text, which will likely not be allowed into evidence, Howard wrote on Election Night 2016, “At least if he wins I will be pardoned for electoral fraud.”
Pecker was asked about adult-film star Stormy Daniels. The former publisher said Howard had called him following the release of the Access Hollywood tape to say that Daniels was shopping around a story about her alleged affair with Trump. The prosecution shared a series of texts between Pecker and Howard. In one exchange regarding Daniels, Howard said, “I know the denials were made in the past- but this story is true.”
Pecker said Michael Cohen wanted him to purchase Daniels’s story, but he was reluctant after the previous payouts he had made on Trump’s behalf. “We’ve already paid $30,000 to the doorman. We paid $150,000 to Karen McDougal. I’m not a bank,” he said. Pecker said he didn’t want to be associated with a porn star, citing his company’s relationship with Walmart.
Pecker was asked about the Wall Street Journal article that broke the news about AMI’s payment to McDougal. When asked why the company had provided a false statement in response to the Journal, denying that it paid for stories, Pecker said, “I wanted to protect my company. I wanted to protect myself. And I also wanted to protect Donald Trump.”
Pecker goes into detail about McDougal
Pecker resumed his testimony from Tuesday, which touched on model McDougal and the deal AMI had struck with her to “catch and kill” her story about an alleged affair with Trump. The former publisher, dressed in a dark suit, white shirt, and red tie, described a three-way phone conversation between himself, Cohen, and Howard about McDougal’s story. Pecker subsequently received a call from Trump in which he encouraged him to buy it. “I believed that the story is true. It would’ve been very embarrassing to himself and to the campaign,” Pecker said on the stand.
AMI negotiated a $150,000 fee in exchange for McDougal to write a health and fitness column and appear on magazine covers. During a later conversation, Cohen said Pecker should pay the fee, which prompted him to ask who would reimburse him. Cohen said, “Don’t worry. The boss will take care of you,” which Pecker said he took to mean that either Trump or the Trump Organization would pay him back. Pecker said he knew Cohen didn’t have the authorization “to buy, to acquire, or spend any money” without Trump’s prior approval. He noted that whenever they went out to lunch together, Pecker always paid. The former publisher also described some hesitancy around the deal owing to a past experience of buying stories on behalf of Arnold Schwarzenegger ahead of his bid for California governor. In one instance, a woman whose story he purchased went to the Los Angeles Times, which later published her story.
When asked why the agreement included all these extra benefits for McDougal when the real goal was acquiring limited life rights, Pecker said he wanted to “substantiate the $150,000 payment.”
‘We committed a campaign violation’
Pecker testified that he and Cohen had discussed letters AMI received in 2018 from the FEC.
