Update - 5:00 pm Eastern:
Douglas Daus, who works for the Manhattan DA's office, testified regarding content retrieved from Michael Cohen's phones, including a February 8, 2017, appointment for a "meeting with POTUS." A recording of a conversation between Cohen and Trump was played.
Prosecutors are now playing a recording from September 2016.
Trump's voice can be heard in the courtroom.
Trump is on a phone call when the recording starts. When he hangs up, Cohen can be heard saying, "Great call by the way. Big time."
Cohen says he needs to open up a company, and that he's spoken with the Trump Organization's chief financial officer, Allen Weisselberg about how to set the whole thing up.
Prosecutors showed a transcript of the last 46 seconds of the call, where the relevant discussion of opening up a company happens.
On cross-examination, Trump attorney Emil Bove dug into the importance of digital integrity, before court wrapped for the day. They'll be back at it tomorrow, though breaking early (at 3:45 pm Eastern) due to a juror appointment.
Update - 4:00 pm Eastern:
Attorney Keith Davidson, who formerly represented Stormy Daniels and Karen McDougal, testified that Larry Flynt offered Daniels one million dollars in 2018 to get her out of the agreement with Trump. Davidson agreed that Michael Avenatti, who also represented Daniels at one point, had driven a wedge between Daniels and her publicist, Gina Rodriguez.
Davidson acknowledged that the agreement was not signed by Donald Trump (or David Dennison). That completed Bove's cross-examination and a short break was taken.
Before court resumed, Manhattan District Attorney Alvin Bragg entered the courtroom.
On re-direct, Davidson testified that by the time of the 2018 conversation with Michael Cohen, Avenatti was representing Daniels and had sued Davidson and Cohen. Davidson clarified that the "leverage" comment was not something Daniels said, but rather, a comment made by Rodriguez's boyfriend.
After brief re-direct, Bove had further questions for Davidson. Some audio of the calls in question was played for the jury.
The clips included:
- A recording where Davidson tells Michael Cohen about his CNN interview, and that he said he never had any indication Cohen needed authority from Trump
- A recording where Davidson talks to Cohen about Stormy Daniels' manager, Gina Rodriguez, and her boyfriend
- A recording where Davidson talks about Michael Avenatti driving a "serious wedge" between Stormy and Gina
- A recording where Davidson discusses the idea of "settler's remorse" with Cohen
The prosecution called Douglas Daus to the stand. Daus works for the Manhattan DA's office, processing devices obtained via search warrant. He was tasked with analyzing Cohen's phones. The prosecution is entering text messages from Cohen's phones into evidence, including one from November 4, 2016, between him and Hope Hicks.
Update - 3:00 pm Eastern:
Prior to the resumption of testimony, Trump attorney Susan Necheles requested Judge Juan Merchan's prior approval of articles Trump wished to post to his Truth Social account in light of the court's gag order and the ongoing wrangling over it. Merchan declined the request and said simply, "If in doubt, steer clear."
Attorney Keith Davidson returned to the stand for further cross-examination by Trump attorney Emil Bove. Bove questioned Davidson regarding the aforementioned 2011 blog post that ran on the website thedirty.com — where the boyfriend of Stormy Daniels' publicist, Gina Rodriguez, also happened to work. Davidson said he did not know if the boyfriend was the source of the blogpost in question. He also said he didn't know if Karen McDougal's ex-husband worked at the site.
Davidson affirmed he later learned that Rodriguez wanted the blogpost taken down as they were looking for a more lucrative deal.
Davidson also continued to work with former Trump attorney Michael Cohen after the Daniels situation in 2018, even though he'd characterized Cohen as difficult. Further dealings also involved a $1.6 million settlement between a former Playboy model and GOP mega-donor Elliot Broidy.
Trump attorney Emil Bove is bringing up an allegation of a sexual relationship between Elliot Broidy, who was Michael Cohen's client, and Playboy model Shera Bechard, who was represented by Keith Davidson.
It involved a $1.6 million settlement.
Bove asks him if this was similar to the agreement he negotiated with Trump and Stormy Daniels, except it was for a higher amount.
Some background: Bechard alleged in court documents that she was physically abused by Broidy, and she charged that he was emboldened by President Donald Trump’s alleged mistreatment of women and belief that he could get away with it.
Davidson testified he believed Cohen recorded some of their conversations, including one regarding "settler's remorse."
The defense is asking Davidson whether he ever spoke to then-Trump lawyer Michael Cohen about adult film star Stormy Daniels having "settler's remorse" regarding the hush money deal she reached for her story on Trump.
"I may have," Davidson says.
Davidson, the judge and all of the attorneys then donned headphones to listen to an audio recording.
Afterward, Davidson confirmed that he can be heard on the audio saying, "Sometimes people get settler's remorse, you know? In other times people think, 'I need to resolve this case by a certain date, because this is when I have the most.'"
Davidson denied that Daniels was attempting to use leverage against Trump, though he confirmed telling Cohen that if Trump lost the election, she would lose her leverage.
Trump's lawyer Bove: Do you recall telling Mr. Cohen a quote, that if he loses the election and he will this story is worth zero, we have no f-ing leverage?
— Inner City Press (@innercitypress) May 2, 2024
Davidson: Yes.
Bove: For everyone, the agreement - this is a legal document?
Davidson: Yes.
Update - 2:00 pm Eastern:
As indicated, the court has been on a lunch break. Attorney Keith Davidson will be returning to the stand once the court is back in session for further cross-examination by Trump attorney Emil Bove. Bove has been highlighting some of Davidson's other arrangements and motivations.
Trump's lawyer Bove: So you're relationship with Dylan Howard benefited your law practice, right?
— Inner City Press (@innercitypress) May 2, 2024
Davidson: I don't see how the two are related
Bove: But AMI said Ms. McDougal had not provided enough evidence - so you wrote to Dylan she found her Blackberry
CNN's courtroom sketch artist is documenting the proceedings as cameras are not allowed in the courtroom.
See court sketches from Thursday's proceedings https://t.co/hAUUUHDMLU
— Susie Moore ⚾️🌻🐶 (@SmoosieQ) May 2, 2024
Update - 1:00 pm Eastern:
Trump attorney Emil Bove is cross-examining attorney Keith Davidson, who confirms he has never met Donald Trump. Davidson further confirms that Karen McDougal never wanted her story to go public and considered her deal with AMI a "dream deal."
Davidson testified that he worked with Stormy Daniels' publicist, Gina Rodriguez, to get a story about her removed from gossip site "The Dirty" as well as from the New York Daily News.
Davidson testified about a call he had with former Trump attorney Michael Cohen in December regarding Cohen possibly serving as Trump's chief of staff or attorney general.
Bove questioned Davidson regarding his concerns about running afoul of extortion law.
Davidson has agreed that he knew in 2016 he "had to be careful" not to violate the law prohibiting extortion. But he does not agree when asked in 2016 if he had familiarized himself with the law of extortion.
Bove raised that in 2012, Davidson was investigated in connection with an alleged extortion situation involving Hulk Hogan. The witness confirmed this was true.
"I did everything I could to make sure my activities were lawful," Davidson said.
Davidson further confirmed he never threatened anyone nor linked the negotiations to the 2016 election with anyone.
According to Davidson, a former friend of McDougal's attempted to publicize her interactions with Trump. Davidson was asked further about his representation of McDougal, the retainer agreement, and whether he attempted to show McDougal that there was interest in her story.
Trump attorney Emil Bove is trying to drill down on whether it was helpful for Keith Davidson to be able to tell Karen McDougal that he'd already started generating interest in the story from the National Enquirer, showing text messages between Davidson and Dylan Howard.
"Maybe or maybe not," Davidson responded.
Davidson also confirmed that after an initial meeting with McDougal and Dylan Howard of the National Enquirer, AMI (the parent company) indicated a lack of interest in the story for want of corroborating evidence.
The court is now breaking for lunch.
Update - 12:00 pm Eastern:
Regarding the WSJ article, Cohen urged Davidson to issue a strong denial.
"WSJ called Stormy. She didn’t answer. They say they are running story & have a deadline of tonight for her to comment," Davidson texted Cohen on January 10, 2018.
In court, Steinglass asks Davidson if the email was about the Daniels payout. Davidson corrects him and refers to it as the Daniels "settlement."
"Write a strong denial comment for her like you did before," Cohen texted back five minutes later, according to the court exhibit.
"A denial of what?" Steinglass asks. "Everything," Davidson says.
"Including the sexual encounter with Donald Trump?" Steinglass asks. "Yes," Davidson says.
Asked about the January 10, 2018 statement from Daniels that the story was "absolutely false," Davidson testified he believes he prepared the statement, which he characterizes as "technically true."
He asks Davidson: "How would you categorize the truthfulness of this statement?"
"I think this is a tactic that is often times used in the often times cat-and-mouse interactions between publicists and attorneys and the press. An extremely strict reading of this denial would technically be true," Davidson says, adding "with an extremely fine reading."
Prosecution: Was what was issued true?
— Inner City Press (@innercitypress) May 2, 2024
Davidson: Technically.
Prosecution: How?
Davidson: The relationship was not romantic.
Prosecution: But sexual?
Davidson: It was and/or
Prosecution: So it was cleverly worded?
Davidson: I don't understand the question
Per Davidson, Cohen texted him in January 2018, discouraging Daniels from giving interviews. Daniels opted to appear on Jimmy Kimmel's show nonetheless.
On January 26, 2018, then-Trump attorney Michael Cohen texted Davidson to ask why Stormy Daniels was going on Jimmy Kimmel's late night show after that year's State of the Union, according to messages shown in court.
"Idk I was pissed. She said this is her shot. I’m meeting with her this weekend to prep her and get the statement," Davidson responded.
Davidson prepared a second statement from Daniels denying the affair.
Keith Davidson is now explaining there was "another statement" that was prepared for Stormy Daniels and released on January 30, 2018.
Prosecutor Joshua Steinglass is showing the statement now. "I am denying this affair because it never happened," Daniels said in the statement.
He again characterizes it as "technically true" because there was never an ongoing relationship between Trump and Daniels.
However, when pressed by Kimmel about the letter, Daniels denied it was her signature.
"She just denied the letter," Cohen wrote to Davidson, according to the texts shown in court. "Claiming it’s not her signature."
"You said she did it in front of you," he added.
"She did. Impossible – she posted it on her own Twitter page," Davidson responded.
"They showed her signature and she claimed it was not hers on Kimmel," Cohen responded.
Cohen threatened to "rain legal hell" down on Daniels.
Prosecutor: Did Michael Cohen threaten a suit?
— Inner City Press (@innercitypress) May 2, 2024
Davidson: Many times. He can be a very aggressive guy. He threatened to rain down legal hell on Stormy. He'd say, You don't know who you are f*cking him.
Prosecutor: What did you want you to do?
Davidson: Deny
There was an exchange between Davidson and Cohen in February 2018 regarding the payment made by Cohen to Daniels.
When asked about the context of the message, Davidson testified that he thinks Cohen "was under some fire and wanted validation or cooperation" that the $130,000 payment to Daniels "was in fact paid from him, not anyone else."
Davidson texted Cohen a statement, which said he agreed that Cohen's public comments that the $130,000 was paid from Cohen's personal funds was "in complete harmony with what he informed me of at the time of the transaction."
"Perfect. Send to Cuomo," Cohen responded.
Steinglass wrapped his direct examination of Davidson, asking him if he has any stake in the trial's outcome, to which Davidson responded, "No."
The court has taken a short break ahead of the cross-examination of Davidson.
Update - 11:30 am Eastern:
With Keith Davidson back on the stand, prosecutor Josh Steinglass resumed his questioning of the former attorney for Karen McDougal and Stormy Daniels. Davidson confirmed an email exchange between himself, National Enquirer editor Dylan Howard, and Trump's then-personal attorney Michael Cohen.
The October 26, 2016, email from Howard reads, "Thank you both for chatting with me earlier."
Howard referenced the agreement, a change to reflect an updated name for an LLC to be used, and the "transfer of funds on Thursday AM to be held in escrow until receipt of agreement."
Davidson confirmed he received the funds wired by Cohen on October 27, 2016. The agreement used pseudonyms for Trump and Daniels: David Dennison and Peggy Peterson. Davidson also testified to a "side agreement," which served to "decode" the primary agreement with the pseudonyms. Cohen signed the agreement on behalf of Dennison/Trump.
Prosecutor: Who signed for David Denison?
— Inner City Press (@innercitypress) May 2, 2024
Davidson: Michael Cohen.
Prosecutor: How much did you personally make from this deal?
Davidson: $10,000.
Prosecutor: How much to Stormy Daniels?
Davidson: I feel that invades attorney client privilege.
Davidson further testified regarding a Wall Street Journal article regarding McDougal, which ran four days prior to the election. Per Davidson, Cohen indicated that Trump was very upset about it and threatened to sue McDougal.
On the night of the election, Davidson texted Howard:
"What have we done?" Davidson says he texted Howard.
"Oh my god," Howard responded, according to Davidson.
He characterized this as "gallows humor."
"There was an understanding that our efforts may have in some way — strike that — our activities may have in some way assisted the presidential campaign of Donald Trump."
Davidson recounted a conversation with Cohen near the holidays in which Cohen expressed dismay over not accompanying Trump to Washington, D.C.
Davidson: Later Michael Cohen called me, I was in a strangely decorated department store, he said, Jesus Christ, can you f*cking believe I'm not going to DC, after everything I'd done for that f*cking guy, I've saved his a*s so many times. He didn't pay me $130K
— Inner City Press (@innercitypress) May 2, 2024
Update - 10:30 am Eastern:
After a lively back and forth between the prosecution, defense, and the court regarding Trump's purported (further) violations of the gag order, in which the prosecution again sought imposition of $1,000-per-violation fines, rather than incarceration, and the defense pointed out the instances in which Trump was responding to attacks by others — particularly Michael Cohen — the court took a short break.
During the gag order hearing, Judge Merchan observed that Trump is not prohibited from responding to President Biden. He also asserted Trump doesn't have to speak to the media before court each day, to which Trump's attorney, Todd Blanche, noted that he basically does, given that he's running for president.
Following the break, the prosecution called attorney Keith Davidson back to the stand for further direct examination.
And...we're back in court Thursday morning in Manhattan for the criminal trial against former President Donald Trump for allegedly falsifying business records. The morning's proceedings will begin with a hearing over four additional purported violations of the gag order issued by Judge Merchan, who, on Tuesday, found Trump in violation of the order for nine out of the 10 initial posts/comments raised by the prosecution and fined him $9,000.
READ MORE:
Trump kicked off Thursday morning with a Truth Social post regarding his thoughts on the judge's ruling:
We will, of course, continue to bring you live updates of the day's developments in the case.
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