·OK- now #TrumpTrial Day 4 (after earlier 4 days of jury selection, book here: https://amazon.com/dp/B0D2FJBVJB
David Pecker still on cross-examination; Justice Merchan foreshadowed a “curative instruction” at the end of Day 3. Inner City Press will live tweet, thread below
·
Trump is in the courtroom; blue tie with blue suit this time.
All rise!
Clerk: People versus Donald J. Trump.
Justice Merchan: Next week’s hearing, we’re changing the time to Thursday at 9:30. The texts from Dylan Howard –
Prosecutor: We’ve proposed redactions
·
Justice Merchan: First Mr. Bove said We’re all pretty much on the same page, then a concern about prejudice. But I don’t know when that will be. At some point we may get there. I’m relying on People v. Settles.
Trump’s lawyer Bove: We’ll confer with the People
·
Prosecutor Steinglass: Is the Court going to instruct jurors about what we view as yesterday’s improper impeachment by omission?
Trump’s lawyer Bove: I intend to begin with Mr Pecker by apologizing
Prosecutor: We want an instruction. The Court has been reasonable
·
Steinglass: I’d also like the jurors to be instructed about redactions… Next, whether intentional or unintentional, Mr. Bove improperly conflated the Federal and State prosecutors – when it’s unclear, I’ll object.
Justice Merchan: That will be fine.
·
[Pecker takes stand; jurors file in]
Justice Merchan: Jurors, yesterday you heard testimony about the prosecution speaking with the witness before testimony. That’s permitted by law. Mr. Bove?
·
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
·
Trump’s lawyer Bove: Defense Exhibit A104 – this is from your Federal grand jury testimony, correct?
Pecker: Yes.
Bove: You were asked to tell the grand jury was occurred at the meeting?
Pecker: Could I see the answer? [Reads pages 5-9]
·
Trump’s lawyer Bove: Before the August 2015 meeting, the National Enquirer was already running negative articles about Bill and Hillary Clinton, right?
Pecker: Yes.
Bove: So it was mutually beneficial?
Prosecutor: Objection!
Justice Merchan: Sustained
·
Trump’s lawyer Bove: You ran stories against Ben Carson, Marco Rubio and Ted Cruz, without much new content, right?
Pecker: I’d have to look at them.
Bove: The National Enquirer repackage information already out there – it’s efficient, right?
Pecker: Yes.
·
Trump’s lawyer Bove: Because it was cost efficient, you would have run those articles whether or not you discussed it with President Trump, right?
Pecker: Correct.
Bove: This malpractice allegations against Dr. Carson
[Below, from exhibits]
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Trump’s lawyer Bove: That photo on the top, of the child, is actually recycled, right?
Pecker: Correct.
Bove: And the Carson West Point scholarship story, also recycled?
Pecker: Yes.
Bove: Same with these Marco Rubio stories?
[Trial exhibit below
·
Trump’s lawyer Bove: You talked about National Enquirer sources, a network of source, for sensitive details, right?
Pecker: Yes.
Bove: But these recycle stories, it’s a different business model, right?
Pecker: Correct.
Bove: You wanted the meeting quiet?
A: Yes
·
Trump’s lawyer Bove: But the meeting became public, in the story the People introduced yesterday, right
[People’s Exhibit 180
·
Trump’s lawyer Bove: You had a source agreement with Dino Sajudic, right?
Pecker: Yes.
Bove: This is a standard AMI document, correct?
Pecker: It is.
Bove: You compared the doorman’s story [of a Trump love-child] to the death of Elvin Presley, you sold 6.5 million
·
Trump’s lawyer Bove: Mr. Sajudin threatened to go elsewhere, so you paid him, right?
Pecker: Yes.
Bove: You amended the agreement, in People’s 155?
Pecker: Correct.
Bove: Now on the 2016 negotiations with Ms. McDougal – she wanted to restart her career?
A: Yes.
·
Trump’s lawyer Bove: What do you remember about the call?
Pecker: I was in Chatham, NJ – Mr. Trump’s call was transferred there. Mr. Trump said, I spoke to Michael, I want to talk to you about Karen McDougal. Is it true there’s a Mexican group with $8 million?
·
Trump’s lawyer Bove: What do you remember about the call?
Pecker: I was in Chatham, NJ – Mr. Trump’s call was transferred there. Mr. Trump said, I spoke to Michael, I want to talk to you about Karen McDougal. Is it true there’s a Mexican group with $8 million?
·
Pecker: I told him I doubted that. I told him he should take the story off the market.. He said he’d talk to Michael and they’d get back to me.
Trump’s lawyer Bove: Did you tell him that she didn’t really want her story published.
Pecker (after a pause) I did.
·
Trump’s lawyer Bove: Didn’t Chatham get sued?
Pecker: Yes.
Bove: Didn’t you discuss Michael Cohen getting a job, you discussed it with Chatham Assets?
Pecker: Yes.
Bove: You were also talking with Michael Cohen about him [Cohen] going to work for Mark Cuban?
·
Trump’s lawyer Bove: You discussed with Michael Cohen getting paparazzi to take photos of Cohen leaving a meeting with Mark Cuban, to put pressure on Mr. Trump-
Pecker: Michael Cohen never said that to me.
Bove: But that would have been the photos’ effect?
A: Yes
·
Trump’s lawyer Bove: Let’s turn to the agreement with Karen McDougal – she was not focused on cash – AMI ran 65 stories in Ms. McDougal’s name, right?
Pecker: Yes.
Bove: You believed the agreement had a legitimate business purpose?
Pecker: I did.
·
Trump’s lawyer Bove: You called this agreement bulletproof?
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
·
Trump’s lawyer Bove: Mr. Davidson also know Michael Cohen?
Pecker: I found out afterwards.
Bove: You testified to the grand jury with the District Attorney that Mr. Davidson was one of your two major sources, right?
Pecker: Two major sources for * Dylan Howard*
·
Trump’s lawyer Bove: You don’t know what Michael Cohen and Davidson were doing on the side, do you?
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
·
Trump’s lawyer Bove: Keith Davidson was in the middle once again, your source?
Pecker: Yes.
Bove: You told Dylan Howard not to deal with Stormy Daniels, so what he did with Keith Davidson was outside the scope of his employment?
Prosecutor: Objection!
Sustained
·
Trump’s lawyer Bove: That meeting in January 2017, President Trump was at his desk and they were discussing the Fort Lauderdale shooting – you said you saw Mike Pompeo, and Sean Spicer and James Comey, then the FBI director?
Pecker: Yes.
·
Trump’s lawyer Bove: And you said there was a joke, about you knowing more than anyone in the room?
Pecker: Yes.
Bove: And you know that after that meeting there were some issues between President Trump and Jim Comey, right?
Prosecutor: Objection!
Sustained.
·
Trump’s lawyer Bove: And you said there was a joke, about you knowing more than anyone in the room?
Pecker: Yes.
Bove: And you know that after that meeting there were some issues between President Trump and Jim Comey, right?
Prosecutor: Objection!
Sustained.
·
Trump’s lawyer Bove: You said that at the January 6, 2017 meeting President Trump thanked you for handling Karen and the doorman – were you correct?
Pecker: What do you mean?
Bove: Here’s from you meeting with federal prosecutors.
·
Trump’s lawyer Bove: These notes say, Trump then asked Pecker-
Pecker: This is the FBI’s interview, their notes, they could be wrong. I know what I testified to yesterday. I know what I remember.
Bove: I’m not trying to put you on the spot
·
Trump’s lawyer Bove: Your testimony is inconsistent with FBI notes, right?
Pecker: Yes.
Bove: I have a few more topics. We could take our break now.
Justice Merchan: 15 minutes.
[Jury leaves]
Bove: I have less than an hour left.
Back in fifteen – here
·
[They’ve back]
Trump’s lawyer Bove: In early 2018 FBI agents came to your home?
Pecker: They gave me a search warrant and they took my phone. Three agents.
Bove: Eventually AMI entered into a non-prosecution agreement with the government?
Pecker: I guess they did
·
Trump’s lawyer Bove: There was a proposed transaction with the Hudson News Group?
Pecker: To acquire the National Enquirer and the two other tabloids.
Bove: To try to finalize it, you had to clear up the investigation, right?
Pecker: Yes.
·
Trump’s lawyer Bove: Yesterday you said AMI admitted to a campaign finance violation – but there’s no violation in this agreement, correct?
·
Trump’s lawyer Bove: The non-prosecution agreement was kept secret for a time, wasn’t it, to allow AMI to talk to its financial institutions?
Pecker: I’m a little confused.
Bove: But this statement of facts, you approved it, yes?
Pecker: Yes.
·
Trump’s lawyer Bove: Do you remember that AMI’s lawyer said that paragraph 3 was inaccurate?
Pecker: No.
Bove: Show the parties, the court and Mr. Pecker the notes… This was not passed on, that it was inaccurate?
Prosecutor: Objection!
Justice Merchan: Sustained
·
Trump’s lawyer Bove: You claim Michael Cohen told you, Trump has Jeff Session in his pocket – but you were still concerned, right?
Pecker: I was.
Bove: Because President Trump did *not* have Jeff Session in his pocket, correct?
Prosecution: Objection!
Sustained.
·
Trump’s lawyer Bove: AMI entered into a conciliation agreement with the FEC, right?
Pecker: I was no longer with AMI by then.
Bove: Bu you were a consultant to AMI, correct?
Pecker: I was.
Bove What did that entail.
Pecker, Being available to the new CEO
·
Trump’s lawyer Bove: You suggested to the FEC that the Washington Post had suppressed information about Paula Jones in the 1996 election, right?
Prosecutor: Objection!
Justice Merchant: Sustained.
·
Trump’s lawyer Bove: You found that the boxes in Florida were worthless, that there is no secret trove of documents about Donald Trump at the National Enquirer?
Pecker: Right. The boxes were worthless.
Bove: Nothing further.
Justice Merchan: Redirect
·
Prosecutor Steinglass: You testified that prior to signing the contract with Ms. McDougal, you spoke with counsel about it, right?
Pecker: I did.
Steinglass: But you never told the outside counsel about your meeting at Trump Tower, yes?
Pecker: I did not
·
Prosecutor Steinglass: Was it your purpose in entering the contract with Ms. McDougal to kill her story, to influence the election?
Pecker: Yes.
Steinglass: Did you tell counsel that Michael Cohen had said he would reimburse you?
Pecker: I did not
·
Prosecutor Steinglass: How much time did outside counsel bill AMI for for reviewing the Karen Douglas contract?
Pecker: Half an hour.
Steinglass: While you initially denied the violation, you did eventually settle with the FEC, right?
Pecker: Yes.
·
Prosecutor Steinglass: So did you and AMI admit that you violated campaign finance laws?
Trump’s lawyer Bove: I object – asked and answered.
Justice Merchan: Overruled. Do you want to approach?
[Whispered sidebar ensues]
·
Prosecutor Steinglass: Apologies Mr Pecker, even I don’t remember what the question was… You testified you formulated a plan to sell Ms. McDougal’s life right to Mr. Cohen – but did you then speak with AMI’s general counsel?
Pecker: Yes. Then I said, Deal is off
·
Prosecutor Steinglass: AMI’s agreement with Ms. McDougal was amended, right?
Pecker: Yes.
[Trial exhibit below
·
Prosecutor Steinglass: Were you aware of the activities Michael Cohen was engaged in for the Trump campaign?
Pecker: Yes.
Steinglass: Did Michael Cohen use his press contacts on behalf of the Trump campaign
Pecker: Yes he did.
·
Prosecutor Steinglass: Were there any other instances in which a Presidential candidates’ fixer coordinated with you on NDA?
Pecker: No.
Steinglass: On Tiger Woods, you suppressed to get an interview. Here, did you support to influence an election?
A: Yes
·
Prosecutor Steinglass: Was it important for you to suppress stories about Arnold Schwarzenegger because he was big in Flex magazine?
Pecker: He was important to the body building and supplements industry as a whole.
·
Prosecutor Steinglass: What was your understanding of the part of the agreement that involved money?
Pecker: It was my understanding that, like with Mr. Schwarzenegger years before, I would be on the lookout for stories for sale. Here, I’d tell Michael Cohen
·
Prosecutor Steinglass: How would you describe the overlap between your tabloid readership and Trump’s base?
Pecker: Our research found that the audience of celebrity magazines loved to read positive stories about Donald Trump. Also negative stories about opponents
·
Prosecutor Steinglass: Would a story about a former Playboy model having a year-long sexual relation with a President candidate who was married, would that have sold magazines?
Pecker: Uh, yes.
Steinglass: It would have been National Enquirer gold, right?
·
Prosecutor Steinglass: It’s 1 pm, should be break?
Justice Merchan: Yes, we’ll break here.
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·
[And they’re back
Trump whispering with Bove, then with Todd Blanche
Jury entering]
Prosecutor Steinglass: Earlier Mr. Bovee – and sorry about that pronunciation earlier – showed you this article, Nov 4, 2016. You were aware of it at the time?
Pecker: Yes I was
·
Prosecutor Steinglass: The article uses the term catch and kill – so it is unlikely you first heart it from prosecutors, right?
Pecker: I saw it first in the press.
Steinglass: What did you tell Dylan Howard about Ms. Daniels?
Pecker: No dealings with a porn star
·
Prosecutor Steinglass: But you told Michael Cohen about it, so that the campaign would squash it?
Pecker: Yes
Steinglass: Later Dylan Howard asked you to reach out to Stormy Daniels?
Pecker: We called Cohen on Signal. Dylan told Michael, You didn’t wire the money
·
Pecker: Michael suggested that we buy the story.
Prosecutor Steinglass: Mr. Bove showed you a single line from the FBI notes, that Mr. Trump did not express any gratitude toward you?
Pecker: The agent got it wrong. I was thanked.
·
Prosecutor Steinglass: Then the notes of the second meeting, they reflect you were thanked for dealing with the Karen and the doorman story?
Pecker: Yes.
Steinglass: Did you give these answers [reads –
Note: Federal Judge Kaplan didn’t allow this in Carroll trial
·
Prosecutor Steinglass: You have an SDNY cooperation agreement, right?
Pecker: Yes
Steinglass: Did they every tell you to say anything but the truth?
Pecker: No.
Steinglass: Did any ADA tell you to not be truthful?
Pecker: No.
Steinglass: Thank you [ends re-direct
·
Trump’s lawyer Bove: You know a private attorney can hold fundraisers for candidates without being part of the campaign?
Pecker: Yes.
Bove: Karen McDougal was a legitimate celebrity at the time?
Pecker (silent, then) No.
Bove: She was on the cover
Pecker: in 1999
·
Trump’s lawyer Bove: But ABC was offering her a spot on Dancing with the Stars, yes?
Pecker: In exchange for her story…
Bove: In 2021 you told the FEC you did nothing wrong?
Pecker: Yes.
Bove: DX A132
Objection and exhibit does not come in.
Bove: Nothing further
·
Justice Merchan: People, call your next witness.
Prosecutor: The People call Rhona Graff.
[She is sworn in]
Prosecutor: How many years did you work for the Trump Organization?
Graff: 34 years. From the 90s until 2021. I worked for Mr. Trump, 26th floor.
·
Prosecutor: Are you here pursuant to a subpoena?
Graff: Yes.
Prosecutor: Do you have lawyers here?
Graff: Yes. Brittany… Brittany… Sorry, I can’t remember her last name.
Prosecutor: Who is paying for your lawyers?
Graff: The Trump Organization
·
Prosecutor: We are going to introduce the exhibits on the thumb drive, with redactions. Do they include the contacts of Karen McDougal and Stormy Daniels?
Graff: Yes.
Prosecutor: And of Madeleine Westerhout?
Graff: Yes. She was Mr. Trump’s White House assistant
·
Prosecutor: What is this contact?
[On screen it has
Full name: Stormy
Last name: Stormy
then redaction and four digits]
Prosecutor: Did you see her at Trump Tower before 2015?
Graff: Yes.
Prosecutor: Did you know she was an adult film actress?
Graff: Yes
·
Prosecutor: Does this show that Mr. Trump was working in Trump Tower on January 17 and 18, 2017?
Graff: Yes.
Prosecutor: And does this show him flying to DC on January 19, 2017?
Graff: Yes.
Prosecutor: Nothing further.
·
Trump lawyer Susan Necheles: Did you like President Trump?
Graff: He was fair. Stimulating work.
Necheles: Did you only speak about business?
Graff: 99%. But he would ask about my family, very thoughtful of him.
Necheles: Did he invite you to the inauguration?
Yes
·
Trump’s lawyer Necheles: You mentioned Stormy Daniels. Did President Trump see people for the Apprentice show at Trump Tower?
Graff: Yes.
Necheles: The Apprentice was popular?
Prosecutor: Objection
Justice Merchan: Sustained.
·
Trump’s lawyer Necheles: President Trump would ask you about colorful people for Celebrity Apprentice?
Graff: That was smart.
Necheles: Controversial people?
Prosecutor: Objection!
Justice Merchan: Sustained.
Prosecutor: May we approach?
[Sidebar]
·
Trump’s lawyer Necheles: You heard him having discussions with possible guests?
Graff: Sometimes.
Necheles: Did you hear President Trump say Stormy Daniels could be an interesting guest?
Graff: I recall that. It was part of the office chatter.
·
Trump’s lawyer Necheles: She was there to be cast?
Graff: I assumed that.
Necheles: This FedEx label, it was to mail checks down to the White House?
Graff: I was not involved in that.
Necheles: And here he sent an article to Allen Weisselberg. Normal?
Graff: Yes
·
Trump’s lawyer Necheles: You don’t want to be here, do you?
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]
·
[After sidebar:]
Justice Merchan: Jurors, we’re going to take our afternoon recess. 15 minutes.
[Jury selection booklet https://amazon.com/dp/B0D2FJBVJB
Carroll v Trump audio / book https://amazon.com/dp/B0CTFPXKGM
Thread will continue here
·
[They’re back]
Prosecutor: People call Gary Farro. Where do you work?
Farro: Flagstar Bank.
Prosecutor: Are you here voluntarily?
Farro: Yes. I mean, I got a subpoena after. I started at First Union then Wachovia then to First Republic in 2008 after Wells Fargo
·
Prosecutor: At First Republic did you receive training?
Farro: Yes.
Prosecutor: Do banks collect info before opening an account?
Farro: Yes
Prosecutor: Are some industries not banked?
Farro: We don’t do business with gambling, adult entertainment, check cashers
·
Farro: First Republic was basically high net worth individuals only.
Prosecutor: Do you know Michael Cohen?
Farro: He was assigned to me in 2015.
Prosecutor: Why were you chosen.
Farro: I was told, because I was good at dealing with people who could be difficult
·
Prosecutor: Who did he tell you he worked for?
Farro: Former President Donald Trump.
Prosecutor: What was his profession?
Farro: He’s a lawyer. Or was, not sure
Prosecutor: How many accounts did Michael Cohen have before you took on his account?
Farro: 4 or five.
·
Prosecutor: Read this email.
Farro: It’s from my assistant Lizzy Rappaport. It say to call Michael Cohen regarding an important matter. I did call him – he wanted to open a new LLC account, immediately, with no address on the checks.
·
Prosecutor: What was the LCC?
Farro: Resolution Consultants LCC, Michael Cohen Sold member.” It was established in Delaware.
Prosecutor: And this email?
Farro: Paperwork to set up the Resolution Consultants account. MAICS code, including HR and marketing
Prosecutor: What does this ask?
Farro: Is entity engaged in political fundraising. Mr. Cohen said No. A deposit was never made into the account; it never went live
Prosecutor: & another account, did he ask for it?
Garro: Urgently. Every time he said it was urgent
·
Prosecutor: Now for Essential Consultants LLC.
Farro: He called me but I was on a golf course. I know it’s cliche, a banker on a golf course. I told him to go into the branch.
Prosecutor: I’m at a natural stopping point.
Judge Merchan: Can you approach?
[Sidebar
·
[Jury leaves]
Justice Merchan: I will see you Tuesday. [Monday, #TrumpTrial doesn’t meet- Inner City Press will be covering SDNY Federal Court] Support: https://paypal.com/paypalme/matthewleeICP
Venmo: [at] Matthew-Lee-675
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