Update - 4:55 pm Eastern:
The testimony of finance executive Gary Farro continued, with Farro explaining that he was excited to work with Cohen, and that Cohen had personal accounts at First Republic. Farro testified about an email from his assistant asking him to return a call to Cohen on October 11, 2016, followed by a similar message on October 13, 2016. Cohen indicated he wanted to open a new LLC account for capital real estate, and that he did not want an address on the checks (which was not unusual). The account was set up under the name "Resolution Consultants LLC." Cohen was the only authorized signatory on the account.
On a form regarding the account, Cohen checked "No," as to whether Resolution Consultants LLC was "associated with political fundraising/Political Action Committee (PAC)."
According to Farro, however, the account was never funded. On October 26, 2016, Cohen indicated he was changing course and wanted to open a different account for "Essential Consultants LLC," which is the account from which the payment to Stormy Daniels ultimately was made. Cohen also indicated that account was not associated with political fundraising or a PAC.
After prosecutor Rebecca Mangold indicated to Judge Merchan she was at a natural stopping point, Merchan stated they would call it a week, and instructed the jury before dismissing them and reminding them to return Tuesday, as court/the trial will not be in session on Monday.
On his way out of court, Trump stopped to talk briefly to the cameras, noting he's ready to debate President Joe Biden: "I've invited Biden to debate. He can do it any time he wants, including tonight. I'm ready — here we are. ... I'm here, ready, willing, and able,"
Update - 4:00 pm Eastern:
Former Trump assistant Rhona Graff's time on the stand was relatively short, spanning less than 40 minutes total. She was asked by the prosecution about calendar entries for Trump between January 16 and January 19, 2017, which reflected that he was working from Trump Tower at the time.
From one Susan to the next...
Following brief questioning by prosecutor Susan Hoffinger, Graff was then cross-examined by defense attorney Susan Necheles, who had her describe her time working for Trump.
"I never had the same day twice in all that time," Graff says, as she describes her time at the Trump organization. "It was a very stimulating, exciting, fascinating place to be."
Asked if Trump respected her intelligence, Graff says she wouldn't have worked there for 34 years if he didn't. Trump laughed at the comment.
Asked if Trump was a good boss, Graff says, "I think that he was fair, and, what’s the word I’m looking for, respectful boss to me."
"Sometimes he would peek his head in and say, 'Go home to your family,' which I thought was very thoughtful of him," Graff testifies.
Graff testified she thought the purpose of Daniels' visit to Trump Tower was about being cast in "The Apprentice."
Graff confirmed that Trump often had to sign checks, and that it was not unusual for him to do so while on the phone.
It was established that Graff was testifying under subpoena and Graff affirmed she did not want to be there.
Trump's lawyer Necheles: You don't want to be here, do you?
— Inner City Press (@innercitypress) April 26, 2024
Graff: That is correct.
Necheles: No one from the Trump Organization has told you how to testify?
Prosecutor: Objection.
Justice Merchan: Sustained.
Necheles: Nothing further
[Sidebar]
Following that, Graff was excused and they took a brief recess.
The next witness called by the prosecution is finance executive Gary Farro, who worked with Cohen in setting up the payment to Daniels.
Farro, after testifying about different types of banks and banking transactions, brings up his connection to this case.
"Michael Cohen was assigned to me after a colleague left in 2015," Farro testified. He was given Cohen based on his "ability to handle individuals that may be a little challenging.""Frankly, I didn't find him that difficult," Farro says of Cohen.
Farro says he worked with Cohen from 2015 through 2018 or 2019.
Update - 3:00 pm Eastern:
The court has returned from a lunch break. Pecker returned to the witness stand for further redirect from the prosecution.
Pecker again testified he learned about the term "catch and kill" (buying exclusive rights to stories) from prosecutors. He again reiterated that when he met with the FBI in 2018, he told them that Trump had thanked him (at the January 2017 Trump Tower meeting) for handling the doorman and McDougal stories.
Bove then conducted a brief re-cross of Pecker, who agreed that McDougal wasn't necessarily a "celebrity." When asked if he believes Trump cares about people, Pecker responded, "I do."
Pecker's testimony has now been completed.
Prosecutors have now called Trump's long-time assistant, Rhona Graff, to the stand. She is being questioned by prosecutor Susan Hoffinger.
Graff worked for Trump for 34 years at the Trump Organization, managing his appointments. To her knowledge, Trump never used email. She is being questioned about emails she exchanged with Madeleine Westerhout who worked in the Trump White House, serving in a similar role to Graff's.
Graff confirms that in her role, she kept contact information for both Karen McDougal and Stormy Daniels. She recalls seeing Daniels in the reception area at Trump Tower prior to Trump's run for office.
Update - 2:00 pm Eastern:
Here is CNN's recap of the redirect on Pecker thus far:
On re-direct prosecutors were trying to re-establish David Pecker’s credibility after the defense exposed small inconsistencies in the tabloid king's statements.
Here’s what happened:
- Prosecutor Josh Steinglass sought to infer to the jury that an election law attorney reviewed the Karen McDougal agreement without the underlying context of Pecker's secret agreement to benefit Donald Trump's campaign.
- Pecker also re-confirmed that the purpose of the contract with McDougal was to acquire her life rights and suppress her story to influence the election, and the additional items about writing articles and appearing on covers were extraneous.
- Prosecutors also sought to establish that the deal with Trump’s former doorman was not “standard” as the defense had tried to paint it because it had a $1 million liquidated damages clause and was in perpetuity.
- Pecker reiterated the content of the August 2015 meeting at Trump Tower. He outlined that it was his understanding that he would flag negative stories to Michael Cohen. Steinglass also elicited that before the arrangement made at that meeting, Pecker had never shared positive stories about a candidate ahead of time or shared negative stories about a candidate's opponent.
- American Media Inc.’s 2021 conciliation agreement with the Federal Election Commission: The defense had tried to hone in that Pecker did not have to admit to a campaign finance violation. Pecker disputed that. Steinglass asked Pecker whether AMI acknowledged in the agreement that "the conduct it had admitted in connection with the Karen McDougal payment" had violated federal campaign election law. "Yes," Pecker responded.
The court is in recess for lunch, due back at 2:15 pm Eastern.
Update - 1:00 pm Eastern:
The cross-examination of Pecker (don't say it) continues, as Bove elicits his agreement that Cohen has a tendency to exaggerate — though Bove drew an objection (sustained) when he added "Could not trust anything he said?"
Pecker has testified about AMI's conciliation agreement with the FEC. Though he testified on direct that the agreement acknowledged AMI committed a campaign violation, Bove showed him the language of the agreement which states, "With no admission as to merit of the commission's legal conclusions." Pecker also asserts that he did not personally admit to any campaign violations.
Bove followed up with Pecker regarding the boxes of information regarding Trump that Cohen had requested. According to Pecker, "There was nothing in those boxes. They were worthless."
Bove's cross-examination of Pecker has concluded. The prosecution is back up on redirect. Prosecutor Josh Steinglass is having Pecker confirm that the true purpose of the Enquirer's contract with Karen McDougal was to suppress her story about Trump.
Prosecutor Steinglass: Was it your purpose in entering the contract with Ms. McDougal to kill her story, to influence the election?
— Inner City Press (@innercitypress) April 26, 2024
Pecker: Yes.
Steinglass: Did you tell counsel that Michael Cohen had said he would reimburse you?
Pecker: I did not
On redirect, Pecker states that prior to the arrangement with Trump, the National Enquirer did not have deals to run positive stories regarding political candidates. Additionally, prior to the August 2015 meeting at Trump Tower, they had not run negative stories about Trump's political opponents.
Update - 12:00 pm Eastern:
As Emil Bove's cross-examination of him continues, former National Enquirer publisher David Pecker has testified that he wanted nothing to do with the Stormy Daniels story when it was brought to his attention.
Pecker testified regarding a January 6, 2017, meeting with Trump at Trump Tower. Though notes from his February 2018 FBI interview indicate otherwise, Pecker recalls Trump thanking him at that 2017 meeting for his handling of the doorman story.
Pecker has also testified further regarding the non-prosecution agreement and acknowledged the federal investigation of AMI placed some pressure on negotiations with Hudson Group to purchase the National Enquirer and two other tabloids.
Update - 11:00 am Eastern:
Bove's cross-examination of Pecker continues. Pecker confirms the National Enquirer would have run, for instance, a negative story about then-presidential candidate Ben Carson even without the conversation with Trump. Pecker acknowledges that, though his preference was to keep the meeting with Trump confidential, others had picked up on it prior to the election.
Digging further into the arrangements with Trump and AMI's standard practices:
Bove is showing the Wall Street Journal story about Karen McDougal published just before the 2016 election, saying it shows that American Media Inc.'s help for Trump was out there.
Bove cites a line in the story that said that since last year, the National Enquirer "has supported Mr Trump's presidential bid, endorsing him and publishing negative articles about some of his opponents."
Bove asks Pecker to confirm that the concept of "catch and kill" was not discussed at the August 2015 meeting at Trump Tower.
Pecker confirms to Bove that Trump and Cohen did not pay AMI any money in connection with the Dino Sajudin story. Sajudin was a former doorman at Trump Tower.
Pecker also confirms that AMI has executed "hundreds of thousands" of source agreements like the ones used for Sajudin and McDougal "over the years."
The prosecution has been objecting to references to Trump as "President Trump" during the timeframe prior to the election, which Judge Merchan has sustained.
Pecker acknowledges if the story from the doorman about Trump having fathered another child were, in fact, true, they would have run it. Pecker testified to former Trump attorney Michael Cohen asking him to send paparazzi to a meeting Cohen had with business mogul Mark Cuban, agreeing that he understood Cohen's intent, though not explicitly stated, was to elevate himself.
Bove is questioning Pecker about the agreement with Karen McDougal.
Trump's lawyer Bove: You called this agreement bulletproof?
— Inner City Press (@innercitypress) April 26, 2024
Pecker: Yes.
Bove: You said Karen McDougal has Keith Davidson as her lawyer- while also being a source for Mr. Howard. Was that normal, to use attorneys as sources about these clients?
A: This was unique
Pecker, after seeking legal advice on the agreement, referred to it as "bulletproof."
Bove asks Pecker if when he told then-Trump attorney Michael Cohen the agreement was "bulletproof," he was conveying "there were no legal ramifications." "That’s correct," Pecker says.
The Trump attorney then asks Pecker several follow-up questions confirming the then-tabloid boss meant what he said to Cohen, because he had received legal advice about the agreement, to which Pecker agreed.
Pecker says he didn't withhold any information from the attorneys when they reviewed the agreement.
Now they're getting into the relationship between Cohen and Davidson.
Trump's lawyer Bove: You don't know what Michael Cohen and Davidson were doing on the side, do you?
— Inner City Press (@innercitypress) April 26, 2024
Pecker: I don't.
Bove: On Stormy Daniels, you said the first time you learned of a story was in 2016 and you told Mr. Howard you wanted no involvement?
A: Yes
Update - 10:00 am Eastern:
Before court began, former President Donald Trump took a moment to address the cameras outside the courtroom and wish his wife, Melania, a happy birthday.
A new hearing date has been set for the motion(s) regarding purported gag order violations. That issue will now be taken up on Thursday.
Prior to the jury being brought in and former National Enquirer publisher David Pecker retaking the stand, there was a discussion between the attorneys and Judge Juan Merchan regarding Trump attorney Emil Bove's questioning of Pecker. Bove agreed to apologize to Pecker and clarify the questioning regarding the FBI interview. Merchan also instructed the jury that prosecutors meeting with witnesses is permitted by law.
Trump's lawyer Emil Bove: Yesterday we spoke about a meeting with prosecutors, about Hope Hicks - but it was the Federal prosecutors. If I'm unclear, I'm sure Mr. Steinglass will raise it. But you may to. Now on Hope Hicks, I asked if she was in the meeting
— Inner City Press (@innercitypress) April 26, 2024
Bove is questioning Pecker regarding the August 2015 meeting and prior negative coverage of Bill and Hillary Clinton.
Bove is now asking about stories about Bill and Hillary Clinton stories in the National Enquirer, confirming with Pecker that AMI had decided to run negative stories before the August 2015 Trump Tower meeting.
Bove asks, "Before August 2015 meeting you had decided it made sene for the business of AMI to run articles about Bill and Hillary Clinton? "Yes," Pecker replies as Bove continues to focus on this being in the interest of AMI
Bove asks, "And those articles were negative right?"
Pecker responds, "Yes."
"Running those stories were beneficial to AMI, correct," Pecker says of the Bill and Hillary Clinton stories.
As (relatively) quickly as the jury selection process went, the criminal trial of former President Donald Trump in Manhattan for allegedly falsifying business records to mask payments made to Stormy Daniels for a non-disclosure agreement has been plodding along in its second week. In part, that's due to the early dismissals on Monday and Tuesday for Passover. But the prosecution's first witness, former National Enquirer publisher David Pecker, is still on the stand as we close out the week. He's now being cross-examined by the defense, and that part of the process should be briefer than the five-plus hours spent on direct examination. (Cross-examination almost always is, by its very nature.)
Court is set to get underway at 9:30 am Eastern. Stay tuned here as we bring you live updates of the day's developments in the case.
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