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Donald Trump Hush Money Trial Updates: Eric Trump Attends Court, Ex-Lawyer for Daniels, McDougal Testifies

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Donald Trump Hush Money Trial Updates: Eric Trump Attends Court, Ex-Lawyer for Daniels, McDougal Testifies

The third week of former President Donald Trump's hush money trial resumed Tuesday in New York City with witness testimony. Live updates have ended.

Court adjourns

Court has wrapped up for the day and will resume on Thursday at 9:30 a.m. At that time, the judge will hold a hearing on four additional alleged gag order violations presented by the prosecution last week.

Davidson continues testimony

After removing himself from the Stormy Daniels deal, Davidson texted Howard, "I can't believe Cohen let this go. It's going to be a s***show."

He said Rodriguez and Daniels planned to publicize the story and he expected more than just a "flurry" of responses, "There would be a tornado."

"They had this deal on a silver platter," Davidson says, adding that the only reason it wasn't theirs for the taking was "because they didn't want to spend the money."

Asked what Howard meant when he texted Davidson, "I reckon that Trump impersonator I hired has more cash," Davidson told the court, "That Trump wasn't as wealthy as he stated."

"It was very frustrating, the entire matter was very frustrating, that it was on again and off again, that there were delays in funding, cancellations, disengaging from clients, reengaging with clients," Davidson said.

After he told Cohen he didn't believe him, the former Trump attorney forwarded him an email with the subject line, "First Republic Bank Transfer."

"It meant nothing to me," Davidson said, explaining that he had sent Cohen his wiring instructions but rather than wire Davidson the money, Cohen only forwarded an email that showed he had the funds in his account.

Trump responds to gag order, nine posts removed

In accordance with Judge Juan Merchan's order, Trump's nine posts found to be in violation of the gag order have been removed from his Truth Social page and campaign website. Just moments before the 2:15 p.m. deadline, Trump said the judge had taken away his "constitutional right to free speech."

"I am the only Presidential Candidate in History to be GAGGED," Trump posted on Truth Social Tuesday afternoon. "This whole "Trial" is RIGGED, and by taking away my FREEDOM OF SPEECH, THIS HIGHLY CONFLICTED JUDGE IS RIGGING THE PRESIDENTIAL OF 2024 ELECTION. ELECTION INTERFERENCE!!!"

Trump was fined a total of $9,000 and must pay by Friday.

Former attorney for Stormy Daniels, Karen McDougal testifies

We are back from lunch.

Texas Attorney General Ken Paxton walked into court, followed by Eric Trump. Once again, Eric walked to his seat in the front row before turning around to scan the room.

Keith Davidson is now back on the stand to resume his testimony. Davidson was an attorney for former Playboy model Karen McDougal and adult film star Stormy Daniels.

Davidson recalls "trying like hell" to avoid calling Michael Cohen, citing his first interaction with Trump's former fixer as being neither "pleasant or constructive."

"I didn't particularly like dealing with him and that's why I was trying like hell to avoid him," Davidson testified.

He is now discussing the deal with Karen McDougal, explaining it became frustrating for everyone involved and was a lot of heavy lifting. Davidson said the ABC negotiations included "a lot" of discussion about McDougal appearing on Dancing With the Stars, but the offer was never guaranteed.

Davidson then began explaining that Stormy Daniels was referred to him by her manager Gina Rodriguez. He said after the blog post published, Rodriguez received a call from a "jerk" who was "very aggressive" and threatened to sue her. The "jerk" was Cohen, Davidson said, adding Cohen was "just screaming at us" when he called him back.

"Finally, after he [Cohen] finished, I explained to him I was calling because my client Stormy Daniels did not want the story published," Davidson said.

Rodriguez later wanted to sell Daniels' story but there was "very little interest." That all changed with the release of the Access Hollywood tape, "It had tremendous influence," Davidson recalls.

After its release, Rodriguez went directly to Howard and negotiated a deal on Daniels. Davidson testifies that he had nothing to do with the negotiations.

The $120,000 deal falls apart after Howard backs out. Howard tells Rodriguez to call Cohen and finish the deal with him, but she refused. Rodriguez then asks Davidson to call Cohen and finish the deal, Davidson also refuses.

"The moral of the story was no one wanted to talk to Cohen," Davidson says to chuckles in the courtroom.

Eventually, Howard calls Davidson and convinces him to ring Cohen. "After AMI washed their hands of the deal, AMI handed it off to Cohen," Davidson says of the Stormy Daniels payment. "In essence, Michael Cohen stepped into AMI's shoes."

Davidson said Rodriguez approached him, saying: "It's going to be the easiest deal you've ever done in your entire life... all you have to do is pay for it and talk to that a**hole Cohen."

Davidson said Cohen came up with all kinds of excuses and contradictions that did not "leave me with a comfort level that there was a true intention to fund the deal."

Even after he sent Cohen the wiring instructions more than once, he said Cohen came up with other excuses, including Yom Kippur, the Secret Service's firewalls and Trump's traveling schedule.

"It's a situation I run into all the time," Davidson told the jury. "It's someone who doesn't have the purse strings."

"Michael Cohen didn't have the authority to actually spend the money," he said.

Davidson said Daniels and Rodriguez asked for frequent updates but the only ones he could provide were Cohen's various excuses.

"It was a great source of frustration and then when push came to shove, this email that's displayed is the straw that broke the camel's back," Davidson said of an email that shows him bowing out of the deal. In it, Davidson informs Cohen, "Please be advised that my client deems the Settlement Agreement cancelled and void ab initio."

Lunch

Court is taking a lunch break until 2:15 p.m.

Sixth witness called: Keith Davidson

The prosecution has called its sixth witness, Keith Davidson. Davidson was an attorney for former Playboy model Karen McDougal and adult film star Stormy Daniels. He glanced at Trump as he took the stand.

Davidson testifies that between 2015 and 2017, he specialized in civil litigation for "media cases." He was also a key source for Dylan Howard, then-editor of the National Enquirer. When asked how often he spoke with Howard, Davidson answers, "quite often, several times a week."

Davidson explains he was introduced to Michael Cohen in 2011– there was an article published on a blog that involved his client and Trump. When asked who that client was, he responds, "Stephanie Clifford, otherwise known as Stormy Daniels."

Davidson also represented McDougal in 2016. "I represented her in order to provide advice and counsel" about a personal interaction she had with Donald Trump, he testifies. He then confirms he texted Dylan Howard about an opportunity he had about this "interaction." In response, Howard wrote, "Talk 1st thing, I will get you more than ANYONE for it. You know why."

Davidson also confirms that Howard flew to LA to interview McDougal. Howard told him he would return to NYC, "run it up the flagpole" and get back to him. Davidson recalls that, at first, AMI was not interested in McDougal's story because she lacked documentary evidence for her claims.

He later texts Howard that, "It's a story [t]hat should be told," to which Howard replies, "I agree." About a month later, Howard texts Davidson, "Let's talk DT/Ross tomorrow," referring to Trump and Brian Ross, who was then the head of investigative reporting for ABC News. Davidson testifies he was trying to get the best deal for his client.

But McDougal didn't want to tell her story, Davidson testifies, saying her goals were to rejuvenate her career, make money and avoid being termed the "scarlet letter." He explains that McDougal would get more out of the deal with AMI than ABC, and she wouldn't have to tell her story.

Fifth witness called: Phillip Thompson

Prosecutors are moving along and have called their fifth witness to the stand, Phillip Thompson. Thompson works for Esquire Deposition Solutions, a court reporting company.

His company was subpoenaed for Trump's October 2022 deposition in the E. Jean Carroll case. Thompson confirms Esquire complied, producing both a copy of the video and transcript.

He verifies three parts of the deposition: when Trump confirms his Truth Social handle, when Trump confirms he's married to Melania and a bit from the infamous Access Hollywood tape.

Thompson is excused after his brief testimony.

Fourth witness called: Dr. Robert Browning

The prosecution calls its next witness: Dr. Robert Browning, the executive director of C-SPAN archives.

Browning explains he received a subpoena to testify and is a "little bit" nervous. He is explaining how a network pool works and how that video is then saved into C-SPAN's archives.

The DA's office now plays three videos of Trump. One is from an Oct. 2016 rally in Greensboro, NC, in which Trump tells his supporters, "It's a phony deal, I have no idea who these women are."

The second is an Oct. 2016 rally in Gettysburg, PA, in which Trump says, "They're trying to poison the mind of the American voter." The third is a January 2017 clip of Trump calling Cohen a "very talented lawyer."

Browning validates the videos. After a very brief testimony, Browning steps down from the stand.

Highlights from this morning

It's been a busy morning in court. Here's a quick recap:

  • Judge Juan Merchan found Trump in contempt for violating a gag order nine times. Trump was fined a total of $9,000 for nine "offending" posts: seven on his Truth Social account and two on his campaign website. Under the ruling, the former president must remove these posts by 2:15 p.m. today.
  • Merchan announced that Trump can attend his son Barron's high school graduation on Friday, May 17.
  • Trump's son Eric is attending the trial today, the first family member to do so. Texas Attorney General Ken Paxton is also at the courthouse in support of the former president.
  • Michael Cohen's former banker Gary Farro continued testimony this morning. He explained that Cohen transferred $131,000 from his home equity line of credit to a new account– which was then used to pay Stormy Daniels. Farro completed testimony before the break.

Photos: A look inside court

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Break

Garry Farro has stepped off of the witness stand and court is now taking a short break. The jury has left the room.

Although they've "reached a lot of progress," per the DA's office, the two sides are going over three redactions that they cannot agree on. Merchan said he will rule after the break.

Texas AG Ken Paxton supporting Trump in court

Texas Attorney General Ken Paxton is also at the Manhattan Criminal Courthouse this morning to support Trump.

"With President Trump in NYC to sit through this sham of a trial," Paxton posted on X. "This trial is a travesty of justice. I stand with Trump."

Texas Attorney General Ken Paxton arrives
Texas Attorney General Ken Paxton arrives to court during former U.S. President Donald Trump's trial for allegedly covering up hush money payments at Manhattan Criminal Court on April 30, 2024 in New York City. Curtis Means-Pool/Getty Images

Defense cross-examines Farro

After a tedious testimony about the documents and records related to Michael Cohen's 2016 wire transfers, the defense is now cross-examining Gary Farro. Trump attorney Todd Blanche is beginning the questioning.

Farro calls Cohen "a challenging client" because of his "desire to get things done so quickly." He recalls first being introduced to Cohen at his office in Trump Tower, adding that most of their communications were over the phone and "infrequent."

Farro says that he was "taken away from the relationship" with Cohen after news of the hush money payment to Stormy Daniels broke in 2017.

"They didn't want me to have communication with the client any longer," he tells Blanche.

Blanche is now questioning Farro about the LLC account that he says was used to make the $130,000 payment to Stormy Daniels. Farro explains that if he thought Cohen was trying to open up an account for a shell corporation, it would not have been opened.

Blanche asks for a moment and is now whipsering with Trump and attorney Emil Bove.

As Blanche returns, he asks Farro if he ever spoke with Michael Cohen about Trump or spoke with Trump himself. He answers no to both questions.

On redirect, Farro said that Cohen's accounts were closed by First Republic because "we choose not to be attached to what we see as negative press," noting that there are some accounts that can't be closed, like a mortgage.

This concludes Farro's testimony.

Watch Trump's remarks: "I'm going to go into icebox now"

Trump slammed his "hoax" case as he walked into the courthouse this morning, again saying he should be on the campaign trail.

"The whole thing is a hoax," Trump said to reporters, as he delivered remarks for about six minutes. His son Eric is seen standing behind him.

"I'm going to go into icebox now and sit for about 8 hours or 9 hours," he said, referring to the courtroom which has been very cold in previous days. "I'd much rather be in Georgia. I'd much rather be in Florida... I'd like to be able to campaign. Biden's out campaigning, if you call it campaigning."

Gary Farro returns to the stand

Gary Farro, Michael Cohen's former banker, is back on the witness stand.

Prosecutors are showing an email asking Michael Cohen to confirm a bank transfer of $131,000 from his home equity line of credit to a new account. Farro testifies the line of credit was a "second mortgage."

Trump fined for violating gag order

Judge Merchan also just fined Trump for violating the gag order nine times, this pertains to all but one of the first 10 potential violations.

Trump is fined the maximum $1,000 for each violation, totaling $9,000. Per the ruling, the former president must remove the nine "offending" posts by 2:15 p.m. today. Seven are on Trump's Truth Social and two are on his campaign website.

Last week, prosecutors presented four additional potential violations. The judge has scheduled a hearing to discuss those on Thursday morning.

Trump can attend son Barron's graduation

Judge Juan Merchan just announced that Trump can attend his son Barron's high school graduation on Friday, May 17.

Merchan says court has been moving along so it's "not a problem."

Eric Trump supports his father in court

Trump's son Eric is attending court today. He walked into court behind his father and attorney Todd Blanche. Eric is the first family member to attend the trial since it began.

Eric looked back at the reporters seated behind him and smiled at several of us. He then turned to his father, clapped him on the arm and chatted briefly with him.

Eric and Donald Trump walking into court
Former President Donald Trump returns to the courtroom following a break at Manhattan Criminal Court in New York City, on April 30, 2024. EDUARDO MUNOZ/POOL/AFP via Getty Images

Judge delays Jan. 6 lawsuit against Trump

In other legal news, a welcome delay for Trump: A judge has adjourned a January 6 lawsuit against the former president until September, virtually guaranteeing that it will not come to trial before the presidential election.

After discovery ends in September, both sides will present their arguments on why Trump does or does not have presidential immunity from the civil lawsuit–this differs from the arguments over immunity before the Supreme Court.

If Trump is granted immunity, the case is over. If not, a trial will likely not come to court until after inauguration in January 2025.

Read more about this case from Newsweek's Sean O'Driscoll here.

Soon: Michael Cohen's former banker to resume testimony

Good morning, it's 9 a.m. in New York City and former President Donald Trump's criminal hush money trial is set to resume in about 30 minutes.

Here's what's happening today: Prosecutors are expected to continue questioning Gary Farro, Michael Cohen's former banker. On Friday, Farro testified that he helped Cohen set up the account used to make the $130,000 hush money payment to adult film actress Stormy Daniels.

Who has testified so far? Witness testimony began last week. Prosecutors called former National Enquirer publisher David Pecker as their first witness, followed by longtime Trump assistant Rhona Graff. Farro is the third. It's unclear who prosecutors may call next.

Gag order: Judge Juan Merchan scheduled a hearing on Trump's potential gag order violations for this Thursday at 9:30 a.m. ET. Prosecutors have presented 14 total potential violations and are asking that the former president be fined the maximum $1,000 for each.

In a Friday post on Truth Social, Trump requested that Merchan immediately lift the gag order, calling it "unprecedented and constitutional."

What are the charges in the hush money case? In 34 felony counts, Trump is accused of falsifying business records in connection with a payment to adult film actress Stormy Daniels shortly before the 2016 election, allegedly made to keep her from talking about an affair she says they had. Trump has denied all charges as well as the affair. Both Trump and Daniels have said they would testify if called to the stand.

Schedule: There was no court yesterday. Court is scheduled to begin today, Thursday and Friday at 9:30 a.m. There is no court on Wednesdays throughout the trial.

Newsweek senior reporter Katherine Fung is inside the courtroom.

Get caught up: Here are updates from our last day in court.

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