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Transcript: New York Trial v. Trump (April 23, 2024)

Posted by FactReal on April 25, 2024

UP-TO-THE-MINUTE COVERAGE OF THE NY #TrumpTrial
Twitter/X live updates from inside the courtroom provided by Matthew Russell Lee from Inner City Press.

Below is the unrolled thread.

TRIAL: NEW YORK (DEMOCRAT DISTRICT ATTORNEY ALVIN BRAGG) v. TRUMP
Case: New York v. Trump, No. 71543-23
Today: Testimony of David Pecker, former publisher of the National Enquirer

BEFORE ENTERING THE COURTROOM

Court reporter Matthew Russell Lee posted this vlog before entering the courtroom:
“VLOGette April 23 on way into #TrumpTrial contempt of court hearing (9:30 am) then National Enquirer’s David Pecker (11 am) – will live tweet both and longer vlog after the court day, on way back to SDNY. Paperback on jury selection: https://amazon.com/dp/B0D2FJBVJB”
8:31 AM · Apr 23, 2024

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TRANSCRIPT: COURT REPORTING – TESTIMONY OF DAVID PECKER
As reported by Matthew Russell Lee from Inner City Press.
His X/Twitter thread starts here.

·
OK – now in #TrumpTrial, contempt hearing 9:30 am then National Enquirer David Pecker continues at 11. Inner City Press is covering it https://matthewrussellleeicp.substack.com/p/literary-courthouse-in-trump-trial… (jury selection book here: https://amazon.com/dp/B0D2FJBVJB) and will live tweet, thread below
·
Trump and his lawyers have arrived for the contempt of court hearing. Pool photographs are taken – there are repeated admonitions that no one else can take photographs, dark talk of people being banned for doing so. Drum roll…

·
All rise!
Clerk: This is People of the State of New York against Donald J. Trump.
Justice Merchan: Counsel please come forward.
[They exit stage left – Trump remains alone at defense table]

·
[They’ve back]
Justice Merchan: On April 15, the People asked this Court to sign an order to show cause, that the Defendant had violated the gag order on three occasions. Then they alleged additional violations. People, I’ll hear you

·
Prosecutor: I am handing up 10 documents, the violations. Number Nine is the landing page of a Truth Social post linking to an article, 9A is the article that’s linked to. Judge, each of the 10 posts violate the order of April 1, which amended the March 25 order

·
Prosecutor: The defendant sought an emergency stay in the 1st Department. It was denied and defendant hasn’t stopped. Yesterday just outside this courtroom the Defendant violated the order again, on camera. He said, “Cohen is a lawyer, he wasn’t very good

·
Prosecutor: The defendant said Cohen put in an invoice, and he [the Defendant] got indicted. So the defendant should be held in contempt of court. On April 10 at 10:07 am, the defendant reproduced a post by Michael Avenatti. Defendant added, 2 sleazebags

·
Justice Merchan: Can you link this to the gag order?
Prosecutor: Michael Cohen and Stormy Daniels are known to be witnesses… Next, defendant posted a picture of a document, Official Statement of Stormy Daniels. He added, Will the fake news report it.

·
Prosecutor: Next Defendant posted, Has Mark Pomerantz been prosecuted? Or Cohen? Then he added, MAGA2024…. Next, while Defendant was likely in the courthouse, he posted on Truth Social, a series perjurer – a reference to Michael Cohen

·
Prosecutor: He put on his campaign website, “ICYMI,” which I understand to mean, In Case You Missed It, a link to an article… He published on Truth Social, the same link, about Serial Perjurer. On April 16 at 7:09 pm, defendant posted a picture of Cohen

·
Prosecutor: Defendant posted a link to someone named Jesse Watters, about the jurors quote trying to get on the jury.
Justice Merchan: What did he say?
Prosecutor: On Truth, defendant said, liberal activists lying to get on the Trump jump. It’s a violations

·
Prosecutor: And then we lost juror 2. This is a lawful order of this court, despite ongoing appeals. He violates the order when he posts about witnesses and the jury – not just individual jurors. Defendant was willful.

·
Prosecutor: Throwing MAGA into a post doesn’t make it political, it may make it more ominous… He complains that re-posts are not his statements. But consider the photo of the defendant holding a bat the District Attorney’s head

·
Prosecutor: We are not yet asking for an incarceratory penalty. We are asking for a $1000 fine for each of these ten posts, and that he be ordered to take the ten posts down.
Trump’s lawyer Blache: President Trump knows what the gag order allows him to do

·
Trump’s lawyer Blanche: There is no question that President Trump is under political attack, including from these two witnesses. President Trump’s posts were not directed at their testimony
Justice Merchan: Which particular posts?
Blanche: The post about Avenatti

·
Trump’s lawyer Blanche: Cohen responds politically.. Cohen wrote, Trump would never pardon him [Avenatti]
Justice Merchan: You’re saying that is political?
Blanche: Yes. Both talk about their desire for him not to be re-elected

·
Justice Merchan: Have you spoke to Mr. Avenatti about what he intended? If not, how do you know? The use of the word pardon, you say, allows your client to respond? You’re suggesting that one work allows your client to violate a gag order.
Blanche: He can respond

·
Trump’s lawyer Blanche: This gag order goes back to the DC Circuit, they said it can be hard to determine if a statement is about the trial or beyond. As to Stormy Daniels, her statement has been public –
Justice Merchan: Six years old. What is the recent attack?

·
Justice Merchan: Stormy Daniels’ credibility doesn’t matter unless she takes the stand
Blanche: It matters because he’s running for President.
Justice Merchan: What he responding to?
Blanche: The documentary. Do you-
Justice Merchan: I’m asking the questions

·
Justice Merchan: Don’t turn it around on me. It’s almost 10:30 am, and I’m bringing in the jury at 11. We’re only on exhibit 2 of 10. Tell me what attacks he was responding to.
Trump’s lawyer Blanche: He’s attacking the system, he can do that

·
Justice Merchan: What was he responding to?
Trump’s lawyer Blanche: To the two systems of justice in this courtroom –
Justice Merchan: You’re saying there are two system of justice in this courtroom?
Blanche: Mr. Weisselberg is in jail, and Michael Cohen is not

·
Justice Merchan: You suggest that because the People or the Court do not respond to every violation of the gag order, it’s waived. It’s not. It does not negate the validity of the gag order.
Trump’s lawyer Blanche: He reposted others and the People didn’t act

·
Justice Merchan: How does his account work?
Trump’s lawyer Blanche: There’s a group of folks that look for articles they think President Trump’s audience should know about.
Justice Merchan: It’s not passive. Someone had to do something.

·
Justice Merchan: Is your client saying he thought reposing couldn’t violate the gag order? You’ve presented nothing.
Trump’s lawyer Blanche: Do you want me to put President Trump on the stand? Is that was your asking for?

·
Justice Merchan: Your client went beyond what Jesse Watters said, he typed it out, the Shift key and all – What is your argument on this?
Blanche: His view is that there were liberal activists trying to get on this jury. Every web site discussed the jury

·
Trump’s lawyer Blanche: Here’s a post from Jesse Watters, saying the same thing –
Justice Merchan: Three hours after your client posted what he posted. Anything else?
Blanche: We are trying to comply with this gag order
Justice Merchan: You are losing credibility

·
Trump’s lawyer Blanche: We didn’t think reposts violated the gag order. If you see it that way and want them taken down, of course we’ll take them down.
Justice Merchan: You’re not giving me-
Blanche: I –
Justice Merchan: I wasn’t finished

·
Justice Merchan: What if a person was walking about with a placard saying terrible things, and your client took it and walked around with it – that’s fine? That’s what you’re saying?
Trump’s lawyer Blanche: It’s entirely different.

·
Justice Merchan: You could have asked, we are considering a repost, can we do it? We’ll take out break. I’m going to reserve judgment on this.
Prosecutor: The defendant is on trial, Mr. Cohen and Ms. Daniels are not.

·
Justice Merchan: See you at 11
[Thread will continue here. Here’s 132-page booklet about jury selection:
https://t.co/ejnudQOjRA
From amazon.com

·
[They’re back, belatedly – 11:20 instead of 11:00]
Justice Merchan: Welcome back, Mr. Pecker. I remind you that you’re still under oath. Get the jury, please.
[Jury enters]
Prosecutor: We were talking about Bonny Fuller. Are you familiar with Trish McAndrews?

·
Pecker: I recognize the name, but…
Prosecutor: She was your assistent? Trish?
Pecker: Yes. I only called her Trish.
Prosecutor: Not remembering the name of your assistance, that’s not going to go over well. What about Mr. Trump:
Pecker: He’s there, blue suit

·
Prosecutor: How’s your relationship with Mr. Trump?
Pecker: I proposed to him a Trump Style magazine. He liked the idea but asked, Who’ll be for it?
Prosecutor: And after you bought the National Enquirer?
Pecker: Mr. Trump introduced me to people in New York

·
Prosecutor: What about The Apprentice?
Pecker: That and Celebrity Apprentice, if someone was going to be fired, Mr. Trump would give me the information first. It was good for my magazines.
Prosecutor: What would you call him?
Pecker: Donald. We spoke monthly or so

·
Prosecutor: And did it change in 2015?
Pecker: Yes. I saw him more frequently when he began to run for president. We’d speak every couple of weeks.
Prosecutor: Did you speak with Mr. Trump’s secretary Rhona Graff and bodyguard Keith Schiller?
Pecker: Yes, both

·
Prosecutor: When and where did you meet Mr. Cohen?
Pecker: At a bar mitzva around 2000. Then Mr. Trump introduced me to him in 2007, he said Mr. Cohen lived i one of his condominiums. Mr. Trump told me to tell Mr. Cohen when there were rumors about him

·
Prosecutor: From 2015 to 2017, how often would you speak to Michael Cohen?
Pecker: More, every week or daily.
Prosecutor: Do you know Hope Hicks?
Pecker: Yes. Mr. Trump’s communications director, she also worked for Ivanka’s beauty business.

·
Pecker: Once Mr. Trump ran for President, our magazine would sell best with him on the cover. He was seen as the boss, on his show. We did a poll, 80% of the readership of the National Enquirer wanted him to run for President. Matt Lauer interviewed him

·
Pecker: Michael Cohen invited me to Mr. Trump’s announcement of his candidacy for the President.
Prosecutor: People’s 151, Mr. Pecker, do you recognize it?
Pecker: An email from me to Michael Cohen, June 2, 2015 inviting me to the June 16 announcement.

·
Pecker: Mr. Trump and Melania came down the staircase.
Prosecutor: Did you attend a meeting in Trump Tower in mid August?
Pecker: Yes. Michael Cohen told me The Boss wanted to see me. They asked me what my magazine could do for the campaign.

·
Pecker: I saw we could publish positive stories about Mr. Trump, and negative stories about his opponents. And I’d notify Michael Cohen if a woman’ story about him was being sold. Mr. Trump was known as the most eligible bachelor, dating the most beautiful women

·
Prosecutor: Did the names of Bill and Hillary Clinton come up?
Pecker: Yes. Hillary was running, and there was Bill Clinton’s womanizing, which she enabled. I said I would cover it – our readers loved it. Mr. Trump was pleased that I’d do it. Michael Cohen too

·
Prosecutor: Did you believe it was helping you sell magazines?
Pecker: Yes. And I needed help.
Prosecutor: Did you discuss this with anyone?
Pecker: Dylan Howard. I told him, let’s keep this quiet.
Prosecutor: Why?
Pecker: Being a tabloid company, we had leaks

·
Prosecutor: Are these a series of pro-Trump headlines?
[One is “Dick Morris: How Donald Still Trumps the Polls”
Trump’s lawyer: We’d ask for the limiting instruction
Judge Merchan: Jurors, these are not being offered for their truth.

·
Pecker: Michael Cohen would say, We would like you to run an article against, let’s say, Ted Cruz. Then Michael Cohen would send over some negative information. Michael Cohen told me he was not with the campaign.

·
Prosecutor: What did you understand to be the relation between Michael Cohen and the campaign?
Trump’s lawyer: Objection!
Justice Merchan: Overruled.
Pecker: Cohen was physically there in Trump Tower, the campaign office.
Prosecutor: I introduce these articles

·
Prosecutor: I show you these: “Bungling Surgeon Ben Carson Left Sponge in Patient’s Brain!”
“Ted Cruz Shamed by Porn Start”
Prosecutor: Did you run this in the National Enquirer?
Pecker: Oh Yes. We would sent the PDFs to Michael Cohen, pre-publication

·
Prosecutor: And this one?
“Donald Trump Blasts Ted Cruz’s Dad for Photo with JFK Assassin.”
Pecker: Oh yes, we did that.
Prosecutor: And about Mark Rubio?
“Senator Mark Rubio’s Cocaine Connection”
Prosecutor: Was Rubio gaining in the polls?
Pecker: I guess so

·
Prosecutor: And Steve Bannon?
Pecker: I sent him a bunch of Hillary article, to his apartment somewhere on the Upper Wide Side.
Prosecutor: Did Steve Bannon ever pitch articles to you?
Trump’s lawyer: Objection?
Justice Merchan: Overruled

·
Prosecutor: Did Steve Bannon ever ask you to run any article?
Trump’s lawyer: Objection, may I be heard at the sidebar
[Whispered sidebar ensues, then:]
Justice Merchan: Jurors we’re going to have to discuss this, you may step out.
[Jurors leave]

·
Trump’s lawyer Bove: This is eliciting hearsay from Steve Bannon, he’s not alleged to be a co-conspirator in this case, there’s no conspiracy charged in this case.
Prosecutor: We’re eliciting a verbal act: what Bannon asked Pecker to do

·
Prosecutor Steinglass: This will come up again. Bannon’s name is all over this case
Justice Merchan: Bring in the jury. Please be seated. Mr. Steinglass?
Prosecutor: When you were CEO of AMI did the business records include invoices and non disclosure agreements?

·
Pecker: Yes.
Prosecutor: Have you reviewed the records including emails in this thumb drive?
Pecker: Yes.
Prosecutor: Were they collected pursuant to a search warrant?
Pecker: Yes.
Prosecutor: I offer these exhibits: 154-170, 179 and the A exhibits 171-178.

·
Trump’s lawyer Bove: Objection!
[Whispered sidebar ensues]
Justice Merchan: The defense’s objection is noted and overruled. To the extent there is embedded hearsay we’ll deal with it as it comes up.

·
Prosecutor: Have you heard of Dino Sajudin?
Pecker: He was selling a story about Donald Trump had an illegitimate daughter with a maid. I told Michael Cohen as part of our August agreement. Cohen said he would verify the name and call back.
Prosecutors: Then what?

·
Pecker: I told Dylan we should prepare a source agreement, that Dino should take a polygraph-
Prosecutor: What you were about to say, don’t say that. What is a source agreement?
Pecker: With a tipster, we get exclusive rights, say, 90 days.

·
Prosecutor: Did you do one with Mr. Sajudin?
Pecker: Yes. And we arranged a $500 polygraph –
Prosecutor: Please do not speak about polygraph results.

·
Pecker: We bought it for $30,000. Cohen told me, Mr. Trump would take a DNA test. He is German Irish and this woman is Hispanic.
Prosecutor: Why did you buy it?
Pecker: If it was true, it would be our biggest seller since the death of Elvis Presley

·
Prosecutor: People’s 154, Sajudin contract, 11/15/15. Read it
Pecker: $30,000 as set forth below… We hired an investigator and found that the story was 1000% untrue.
Prosecutor: Why did you pay?
Pecker: If another outlet get it I’d be embarrassed

·
Prosecutor: I show you People’s Exhibit 164, an email
Trump’s lawyer Bove: Objection.
Justice Merchan: Please approach.
[Whispered sidebar ensues]
Justice Merchan: I’ll admit it, subject to redaction.
Pecker: The email requests a wire transfer, and his W9

·
Prosecution: What did Cohen say about it?
Pecker: To lock him [Sajudin] in until after the election.
Prosecution: Did there come a time you did release him?
Pecker: Yes. Sharon Churcher was another reporter, she worked for Barry Levine, this is Dino’s release

·
Prosecutor: Who was Karen McDougal?
Pecker: A Playboy model who was trying to sell a story about a relationship she had with Donald Trump for a year. I told Michael Cohen. He said, Untrue. I said, Let’s vet it.
Prosecution: Did you discuss paying?
Pecker: No.

·
Pecker: I told Cohen we’d keep him apprised.
Prosecutor: Did you come to believe Cohen had spoke with Mr. Trump?
Pecker: Yes. I was at my biggest investor in AMI, in New Jersey, making a presentation and Donald Trump called me. He said he’d have Cohen call me

·
Pecker: I sent Dylan Howard out to California. He met the lawyer Keith Davidson and Karen, interviewed her for a few hours. In that time, I spoke with Cohen, he kept on calling me, more anxious each time.
Justice Merchan: It’s 2, we’ll break.

·
[Jury leaves]
Justice Merchan: Mr. Bove, your objection is noted, I’ll take it under review.
Prosecution: We’ll put in a letter.
Adjourned. Stories coming on http://InnerCityPress.com, https://patreon.com/MatthewRussellLee and https://matthewrussellleeicp.substack.com

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