Former President Donald Trump's hush money case continued Tuesday in New York City with witness testimony from David Pecker.
Trump slams "totally unconstitutional" gag order
After a nearly hour and a half hearing on potential gag order violations that resulted in no ruling this morning, Trump railed against the order as he walked out of court.
"So they can talk about me, they can say whatever they want. They can lie. But I'm not allowed to say anything," Trump told reporters, calling the gag order "totally unconstitutional."
"I'd love to talk to you people. I'd love to say everything that's on my mind. But I'm restricted because I have a gag order. And I'm not sure if anybody's ever seen anything like this before," he said.
He again slammed Biden who is out campaigning while he is stuck in court, which he added is still "freezing."
Here's what happened in court today
We are halfway into the second week of the trial. Here's a recap of what happened today:
Gag order hearing: The judge held a hearing this morning on whether or not Trump potentially violated the gag order.
Prosecutors presented 10 posts, eight on Truth Social and two from Trump's campaign website. They asked the court to fine Trump the maximum $1,000 for each of the 10 alleged violations and for the posts to be removed.
The defense argued that there was "absolutely no willful violation" of the gag order. After a heated exchange between Judge Juan Merchan and Trump attorney Todd Blanche, the judge ultimately reserved his decision on the matter.
Witness testimony: The prosecution's first witness, David Pecker, returned to the stand today. The former chairman, president and CEO of the National Enquirer's parent company, American Media Inc. (AMI) testified for nearly two hours today. He detailed his "great" relationship with Trump, as well as the "catch and kill" operations.
Schedule: Court ended early today for Passover and will resume on Thursday morning.
Pecker testifies about Karen McDougal
Pecker is now being asked about former Playboy model Karen McDougal.
In June of 2016, Pecker took a call from then-editor in chief of the National Enquirer Dylan Howard. Howard explains that a major source in California says a playboy model wants to sell a story about a romantic relationship she had with Trump for a year, Pecker recalls.
Pecker alerts Cohen who says the story is untrue, but the two agree to vet it. Howard went to California and interviewed McDougal for two to three hours, Pecker says.
Pecker: Doorman's story was "1,000% untrue"
Pecker says Dino Sajudin's story about Trump's alleged illegitimate child was "1,000% untrue."
I made a decision to buy the story because of the "potential embarrassment" it would have been for the campaign and Mr. Trump, Pecker testifies.
Sajudin was released from the exclusivity agreement on Dec. 9, 2016.
Pecker recalls Trump Tower doorman story
Court has returned from a brief break and David Pecker is back on the stand.
Pecker testifies that he had access to the business records of American Media Inc. (AMI), the National Enquirer's parent company. Prosecutors want to submit some of these records, including emails, into evidence.
Pecker is now recalling the doorman story.
In fall of 2015, then-editor in chief of the National Enquirer Dylan Howard flagged a tip from Trump Tower doorman Dino Sajudin, who wanted to sell a story alleging that Trump fathered an illegitimate child, Pecker testifies.
"Dino was in the market selling a story that Donald Trump fathered an illegitimate girl with a maid" at Trump Tower, Pecker said.
Pecker then calls Cohen, who said the claim was "absolutely not true, but I'll check it out."
Pecker later told Howard to buy the story – the first time he paid to kill a story about Trump.
Pecker explains that Howard negotiated a price to buy the story and get it off the market, at $30,000. Prosecutors show the agreement between AMI and the doorman to purchase the rights to the story, dated on Nov. 15, 2015.
Pecker details "highly confidential" agreement
Pecker says following the launch of The Apprentice and The Celebrity Apprentice, interest in Trump through the National Enquirer "skyrocketed."
Pecker refers to a poll conducted among National Enquirer readers about supporting Trump for president, with the results at 80%. He shared this with Trump.
In 2015, Pecker attended a meeting at Trump Tower with Michael Cohen and Donald Trump; Hope Hicks was in-and-out of this meeting, he says.
There, Trump and Cohen asked Pecker "what can I do and what my magazines" could do to help the campaign. He testifies that he would run or publish positive stories about Trump and negative stories about his opponents, including rival Hillary Clinton. Pecker said he would be "eyes and ears."
These agreements with Trump were not put into writing, Pecker says, rather just an agreement among "friends."
After this meeting, Pecker met with Dylan Howard, then-editor in chief of the National Enquirer. Pecker explains the agreement, describing it as "highly, highly confidential." I told him [Howard] that we were going to try to help Trump's campaign and to do that, I want to keep this as quiet as possible, Pecker testifies.
When preparing an article, Pecker testifies they would communicate with Cohen and send a PDF of the story before publication.
Pecker said he expected many women to come forward with stories to sell about Trump because "Mr. Trump was well-known as the most eligible bachelor and dated the most beautiful women."
Prosecutors showed National Enquirer headlines as evidence.
Some headlines that Pecker confirms ran as part of the 2015 agreement with Trump included:
- BUNGLING SURGEON BEN CARSON LEFT SPONGE IN PATIENT'S BRAIN!
- TED CRUZ SEX SCANDAL — 5 SECRET MISTRESSES
- 'FAMILY MAN' MARCO RUBIO'S LOVE CHILD STUNNER!
Pecker back on the stand
Judge Juan Merchan has now returned to the bench and court is back in session.
The jury was brought in as David Pecker retakes the stand after brief testimony Monday. Pecker testifies that he's known Trump since the 1980s, describing their relationship as "great." He said he considered Trump a friend until 2017.
The two saw each other more frequently after Trump announced his bid for the White House in 2015, Pecker explains.
As a businessman, Pecker describes Trump as "very knowledgeable" and detail-oriented, saying he was cautious and frugal in his approach to money.
Pecker is now detailing his relationship with former Trump attorney Michael Cohen, saying they met at a bar mitzvah in the early 2000s.
Trump slams gag order, "kangaroo court"
Moments after the hearing on potential gag order violations concluded, Trump slammed Judge Merchan on Truth Social.
"HIGHLY CONFLICTED, TO PUT IT MILDLY, JUDGE JUAN MERCHAN, HAS TAKEN AWAY MY CONSTITUTIONAL RIGHT TO FREE SPEECH," he posted at 11 a.m.
"EVERYBODY IS ALLOWED TO TALK AND LIE ABOUT ME, BUT I AM NOT ALLOWED TO DEFEND MYSELF. THIS IS A KANGAROO COURT, AND THE JUDGE SHOULD RECUSE HIMSELF!"
The gag order does not prevent Trump from talking about Merchan himself.
The hearing on the matter continued for about an hour and a half, including a heated exchange between the judge and Trump attorney Todd Blanche. Merchan reserved his decision on the matter.
Soon: Witness testimony to continue
Trump is back in the courtroom, whispering to Blanche at the defense table. The judge has not yet returned.
When court resumes, the jury is expected to be brought into the courtroom, and David Pecker is expected to continue his testimony.
Pecker was the former chairman, president and CEO of the National Enquirer's parent company, American Media Inc. (AMI).
The prosecution called him to the stand as its first witness briefly yesterday. Pecker explained that he had the "final say" regarding the celebrity side of magazines under AMI's umbrella.
"We paid for stories," he said, adding editors could not spend more than $10,000 to investigate or publish a story. Anything over $10,000 was vetted through him.
He also said he had a second email he used for more "sensitive" issues.
Among other issues, Pecker is expected to testify that, one month before the November, 2016, election, an agent for Daniels contacted the National Enquirer and said that she was willing to go public about her alleged affair with Trump. Pecker allegedly contacted Trump's attorney, Michael Cohen, who agreed to purchase Daniels' story for $130,000.
Judge to Blanche: "You're losing all credibility"
Merchan and Blanche's heated exchange continues.
The judge says reposting something on social media is not "passive," it means the poster, in this case Trump, "had to do something."
If Trump's position at the time of reposting was that he did not believe he was violating his gag order, "I'd like to hear that," Judge Merchan tells Blanche.
Merchan loses his patience, fiercely warning Blanche, "You're losing all credibility" right now.
Defense: "Absolutely no willful violation" of gag order
Prosecutor Chris Conroy asks the court to fine Trump the maximum $1,000 for each of the 10 violations and for the posts to be removed. The prosecution is not seeking an "incarcerary penalty," he adds.
The defense is now responding. Todd Blanche says there was "absolutely no willful violation" of the gag order.
Blanche argues the posts about Michael Cohen and Stormy Daniels were direct responses and not about this case, saying Trump is allowed to respond to political attacks.
Merchan is asking Blanche to point to these specific attacks, getting impatient.
"I'm asking the questions," Merchan says to Blanche, "Please don't turn it around."
Merchan asks Blanche to show case law supporting his arguments that reposts are not covered by the gag order.
"I don't have any case law to support that. It's just common sense," Blanche says.
Blanche later says, "President Trump truths, repeatedly, virtually all the time, seven days a week."
Watch: Trump addresses pro-Palestinian campus protests
Trump addressed the media for a few moments before entering the courtroom.
He blamed President Joe Biden for the pro-Palestinian protests happening on college campuses across the U.S., calling it a "disgrace."
"It's really on Biden... he has the wrong signal, he's got the wrong tone, he's got the wrong words, he doesn't know who he's backing," Trump said.
Trump then referred to demonstrators trying to gather near the Manhattan courthouse where his trial is underway.
"People who want to come down and they want to protest at the court and they want to protest peacefully. We have more police presence here than anyone's ever seen, for blocks, you can't get near this courthouse."
And yet you have nobody at the college where you have "very radical people wanting to rip the colleges down," he said.
Prosecutors: Eight posts made on Truth Social, two on campaign website
Counsel has returned and Judge Juan Merchan is back at the bench.
The prosecution is handing out documents of the alleged gag order violations, saying they "pose a very real threat" to the judicial proceedings.
Eight of these posts were made on Truth Social and two were made on Trump's campaign website. Prosecutors argue the former president also violated the order on camera during daily press conferences outside of the courtroom.
The judge explains the purpose of this hearing is to find whether Trump should be held in contempt for these violations.
What does the gag order say?
Merchan imposed a gag order against Trump in late March.
It directs Trump to refrain from making public statements about the following: witnesses, jurors, potential jurors, counsel in the case (other than the district attorney), members of the court's staff, members of the district attorney's staff, as well as the family members of any counsel, staff member, the court, or DA Alvin Bragg.
The former president has repeatedly railed against this gag order.
"The judge [Merchan] has a conflict, the worst I've ever seen, and it has to end with the judge," Trump told reporters Friday. "The judge has to take off this gag order. It's very, very unfair that my Constitutional rights have been taken away."
Soon: Judge to hold gag order hearing
Good morning, it's just about 9 a.m. in New York City. Here's what's happening today in court.
Judge Juan Merchan is set to hold a hearing this morning on whether or not former President Donald Trump violated a gag order.
Last week, prosecutors introduced a motion to sanction Trump for social media posts that they argue violate the order, which prohibits him from publicly attacking witnesses and jurors.
The Manhattan district attorney's office is seeking the maximum $1,000 fine for each of the 10 posts it says are in violation. These include Truth Social posts about Michael Cohen, Trump's former lawyer and a key witness for the prosecution in the case.
The hearing is expected to begin at 9:30 a.m ET.
The jury is then expected to be brought into court at 11 a.m. to resume the testimony of David Pecker. Pecker, the former chairman and CEO of the National Enquirer's parent company, took the stand briefly Monday afternoon as the prosecution's first witness.
Court will end at 2 p.m. today for Passover.
Newsweek senior reporter Katherine Fung is inside the courtroom.
