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Donald Trump Hush Money Trial: Stormy Daniels Testifies, Mistrial Motion Denied

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Donald Trump Hush Money Trial: Stormy Daniels Testifies, Mistrial Motion Denied

Witness testimony continued Tuesday in former President Donald Trump's hush money trial. Live updates have ended.

Here's what happened today in court

It was a busy day in court. Stormy Daniels took the stand and the defense moved for a mistrial over her testimony. Here's a recap:

First witness: The prosecution began the morning with a new witness: Sally Franklin, a senior vice president at Penguin Random House. Franklin helped the prosecution introduce excerpts of former President Donald Trump's books into evidence. Her testimony was brief.

Second witness: Prosecutors then called Stormy Daniels to the stand. Daniels' testimony has been one of the most highly anticipated of the trial and the 45-year-old delivered a jaw-dropping account of her relationship with Trump. Her testimony featured so much detail, at times explicit, prompting the judge himself to interrupt her. "Just listen to the question and answer," Judge Juan Merchan told Daniels.

Merchan also sustained dozens of objections from the defense, including one when Daniels went into great detail about an alleged sexual encounter with Trump. Merchan said he was "surprised" Trump's attorneys didn't object more during Daniels' testimony.

Daniels testified that she "hates" Trump. When Trump's attorney asked if she wants the former president to go to jail, Daniels replied, "I want him to be held accountable." When pressed further she replies, "If he's found guilty, absolutely."

Daniels also still owes Trump $560,000 in legal fees.

Daniels sped through her testimony, prompting Merchan and prosecutor Susan Hoffinger to repeatedly ask her to slow down so court reporters could keep up.

Defense moves for mistrial: After a lunch break, Trump attorney Todd Blanche said the defense was moving for a mistrial based on Daniels' testimony. Blanche argued that many of the details Daniels offered had "nothing to do" with the case and Daniels was telling a different story than what she told in 2016.

Merchan denied the motion, saying that while he agreed that "some things were better left unsaid," Daniels was a difficult witness to control.

Schedule: There is no court tomorrow. The defense will continue its cross-examination of Stormy Daniels on Thursday.

Trump: Case is a "disaster" for the DA

Court adjourned for the day following several hours of Stormy Daniels' testimony.

Trump called the prosecution's case against him a "disaster" as he walked out of court this afternoon.

"So this was a very big day, a very revealing day," Trump said. "As you see their case is totally falling apart. It's just a disaster for the DA."

Alina Habba shakes her head at Daniels' remark

While going over an asset declaration form, several objections from the DA's office have been sustained. Necheles asks Daniels if she's hoping that a Trump conviction mean she won't have to pay him half a million dollars.

"I hope I don't have to pay him no matter what happens," she says.

When asked if she's made a lot of money off the claim that she had sex with Trump, Daniels fires back, "It has also cost me a lot of money."

Necheles asks Daniels about her conversation with prominent lawyer Gloria Allred, and if it taught her that a story about Trump that doesn't involve sex won't make her any money.

"It taught me I should tell the truth and not trust people who I don't trust," Daniels responds. She then adds, "although that seems to be the case, sadly."

Trump's legal spokesperson Alina Habba looks around her in disbelief at Daniels' remark and shakes her head.

After a quick afternoon break, court is back.

Before Trump walked back into the courtroom, he was asked by a pool reporter: "Mr. Trump, how's it going in there?" Trump held his right hand to his mouth, responding, "Very well."

Trump's attorney is continue to cross-examine Stormy Daniels.

Daniels testifies that she "hates" Trump

Trump attorney Susan Necheles asks Stormy Daniels if she hates Donald Trump. Daniels answers "yes."

Necheles then asks Daniels if she wants Trump to go to jail, "I want him to be held accountable." When pressed further she replies, "If he's found guilty, absolutely."

Daniels also confirms that she owes Trump $560,000 in legal fees.

While questioning Daniels' about the judgments against her for Trump's legal fees, Necheles is nearly shouting. "You didn't pay anything out of your pocket did you?!" she says.

When Necheles pushes forward, Merchan interjects, "Please allow [Daniels] to answer the question."

Daniels is shown tweet from March 21, 2022, reading, "I will go to jail before I pay a penny." She says, "that is me saying I will not pay for telling the truth."

Trump's team cross-examines Daniels

Trump attorney Susan Necheles is beginning her cross-examination of Daniels.

Necheles brings up Daniels' previous comments about "grueling" prep sessions that included mock cross-examinations and asked if she rehearsed her testimony. Daniels says no.

Before the cross-examination started, Daniels leaned over to the court reporter and was heard asking, "is that better?" Her speed is slightly slower this afternoon than it was earlier in the morning.

Eric Adams: Rikers will be "ready" if Trump is jailed

New York City Mayor Eric Adams said Rikers Island will be "ready" should former President Donald Trump be jailed for violating the gag order.

"Our commissioner is prepared for whatevever comes on Rikers Island, I'm pretty sure to manage and deal with the situation," Adams said during a press conference Tuesday.

"We have to adjust," he continued. "In this business, particularly around law enforcement, we have to adjust whatever comes our way, but we don't want to deal with a hypothetical. But they're professionals. They'll be ready."

Monday, Judge Juan Merchan found Trump in contempt for the tenth time and threatened jail sanctions should the violations continue.

Read more from Newsweek's Matthew Impelli.

Eric Trump: The case is a "massive extortion play"

Trump's son Eric is back in the courtroom for today's proceedings. He slammed the 20-year-old "garbage" being discussed, saying the "show trial" is to embarrass his father and prevent him from campaigning.

Here's what he said in a series of posts on X, formerly Twitter, today:

"No one believes that on the eve of an election, a former President of the United States & the Current Frontrunner, is being tried for 34 felonies (based on a bookkeeping entry, booked by a person who never spoke with the President and sat in New York while he was in the Oval Office 240 miles away in Washington DC), for booking an legal invoice as a "Legal Expense" in a PERSONAL bank account general ledger nearly 8 years ago."

"This is a show trial with the sole intent to embarrass and prevent the frontrunners ability to campaign."

During lunch, he wrote: "Perspective: Sitting front row attempting to figure out how any of this garbage from 20 years ago relates to "legal" bills submitted by a long time personal attorney being booked as a "legal" expense — but I digress. To be clear, they don't give a s**t about the merits of this case - the 15 Manhattan prosecutors are sitting at their table and behind in the courthouse pews, giddy by this salacious show. This is the intent, not the merits, nor the fact that this entire case is a massive extortion play. Pure EXTORTION!!!!"

Eric Trump walks into court
Former President Donald Trump's son Eric Trump returns to the courtroom from a break at Manhattan Criminal Court on May 7, 2024 in New York City. Mary Altaffer-Pool/Getty Images

Daniels returns to the stand

After a dramatic few minutes, Stormy Daniels is now resuming testimony.

Before lunch, the adult film star explained to the court how Michael Cohen was interested in paying $130,000 for her story after the Access Hollywood tape was released in October of 2016.

Daniels is now talking about how the deal was revived. She confirms that after her attorney and manager take their fees, she ends up with approximately $96,000.

In January of 2018, Daniels signed a statement denying the rumored sexual encounter with Trump. She testifies that she believed "saying anything, anything at all was a violation" of her NDA.

When she signed the statement, she didn't know it was being sent to the Wall Street Journal, which published a story. Daniels says that story turned her life into "chaos."

"Suddenly, I was front and foremost everywhere," she says, adding it "blew my cover."

Daniels is being shown Trump's Truth Social post from March 15, 2023, in which Trump refers to her a "horseface" and "sleazebag." She said he had publicly used those terms to describe her before and has done so since that post.

Judge denies defense's motion for mistrial

Judge Juan Merchan has denied the defense's motion for a mistrial.

Merchan agreed with Trump's attorney Todd Blanche that "some things were better left unsaid," but notes that Daniels was "a little difficult to control" and that he does believe there were guardrails in place.

"I don't believe we're at a point where mistrial is warranted," the judge says. Merchan said he was "surprised" Trump's attorneys didn't object more during Daniels' testimony. During her testimony, Merchan directly asked Daniels twice to limit details and to "just listen to the question and answer."

At the defense's request, prosecutor Susan Hoffinger has left the courtroom to give Daniels instructions for the remainder of her testimony.

Defense moves for a mistrial over Daniels' testimony

Trump attorney Todd Blanche tells Judge Merchan that the defense moves for a mistrial based on Stormy Daniels' testimony this morning.

Blanche argues that many of the details Daniels offered had "nothing to do" with the case and that the reason prosecutors asked such questions "aside from pure embarrassment, is to "inflame the jury."

"This is the kind of testimony that makes it impossible to come back from," Blanche tells Merchan, calling her testimony "prejudicial."

Blanche argues that Daniels told the court a different story. He says there should there be another trial and Daniels' testimony should be excluded, or at the very least limited.

Prosecutor Susan Hoffinger tells Merchan, "This is not new. This is not a new account." She argues the defense already "opened up the door" by bringing up the 2011 threat—which the defense has taken issue with—on their own in their opening arguments.

"At the end of the day, this is what the defendant was trying to hide in terms of the payoff," Hoffinger argues. "This is an exhibit, if you will."

Trump's post: Just a couple of minutes before court returned from lunch, Trump also called for a mistrial.

"THE PROSECUTION, WHICH HAS NO CASE, HAS GONE TOO FAR. MISTRIAL!" Trump wrote on Truth Social.

"This Witch Hunt is FALSE ANCIENT HISTORY that was fully adjudicated by the Voters in the 2016 Presidential Election. It only has to do with Election Interference, and trying to help Crooked Joe Biden get elected because he can't do it by himself," the post reads in part.

Lunch

Stormy Daniels has provided a detailed and quick testimony for the last two hours, court is breaking for lunch. We will be back at 2 p.m.

Daniels is offered $130,000 for her story

After the release of the Access Hollywood tape in October of 2016, Stormy Daniels' manager Gina Rodriguez tells her that Michael Cohen was interested in paying $130,000 for her story.

Daniels tells the court the number "didn't matter to me," she just wanted to sell it so her husband wouldn't find out and she'd be safe. Daniels confirms she was informed that Cohen was representing Trump.

Daniels said she wanted the matter settled before the 2016 election because she felt she wouldn't be safe if it wasn't done before election day. Under the agreement, Daniels understood that if she spoke out, it would cost her a million dollars.

Photos: A look inside the courthouse

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Daniels' interview with In Touch

Daniels finds out that In Touch Weekly magazine knows about her and Trump, she testifies. Daniels recalls she "freaked out" and didn't know who "leaked it."

Her manager said they were going to run the story anyway, so she may as well do an interview. Prosecutor Susan Hoffinger asks Daniels to slow down again. Daniels says she was offered $15,000 and gave a 10-20 minute phone interview. The 2011 story is never published. Daniels says she does not know why.

Some weeks after she was interviewed, Daniels was threatened by a man in a Las Vegas parking lot while with her infant daughter, she recalls.

Questioning turns to TheDirty.com blog post, which Daniels said freaked her out because of the parking lot incident. Her manager, Gina Rodriguez, tells Daniels that attorney Keith Davidson will get it removed. After Trump announces his 2016 presidential candidacy, Rodriguez tells Daniels she can sell her story again.

Merchan sustains a string of objections from the defense as the prosecution attempts to ask Daniels about her efforts to sell her story.

Judge to Daniels: "Just listen to the question and answer"

Judge Juan Merchan just addressed Daniels directly, telling her to limit details as she testifies. "Ms. Daniels, just listen to the question and answer the question," he said.

As Daniels begins detailing one of Trump's parties, the judge again addresses her for a second time. "Ms. Daniels, please just keep the answers short."

In 2007, Daniels recalls going to Trump's launch party for his vodka brand. She says she met former Playboy model Karen McDougal while in the VIP booth.. Daniels did not know who McDougal was at the time, she testifies.

Later, Daniels was in New York for work and arranged a meeting with Trump at Trump Tower. Daniels also saw Trump at a beauty pageant that Trump hosted, then in LA at his bungalow. Daniels said he kept trying to make sexual advances, but she said no.

Daniels saw Trump the next day

The next night, Daniels sees Trump again at one of the nightclub/restaurants located in the lobby of her hotel. Trump's bodyguard Keith Schiller called Daniels and said Trump wanted to see her again. She agreed, citing the meet-up's public location.

The encounter was "very, very short," Daniels said, estimating she was in the lobby bar with Trump for maybe 10 mins. During the conversation, Trump said he would figure out a way to get her on his show after he got home.

She said after Trump would call her on average "once a week." She would "always" put him on speaker and said "dozens and dozens" of people heard them talking on the phone.

What prosecutors need to prove

Stormy Daniels has covered quite a bit of ground as she speeds through her testimony this morning. While she is an exciting witness, her testimony likely won't help the DA's office in the key charges in the case.

Prosecutors need to prove, beyond a reasonable doubt, that Trump falsified business records with the intent to commit or conceal another crime. Witnesses have already testified about the $130,000 payment that Michael Cohen made to Daniels.

On the defense: Former federal prosecutor Randall Eliason says Trump may be able to successfully argue that he was unaware of any scheme to hide hush money payments in his company records.

"Remember, it's not enough for the DA just to show that the documents were false or that Trump signed the checks to Cohen," Eliason wrote on X. "They have to show that at the time the payments were made, Trump personally knew the records were false, and that he caused them to be entered in the records of his company with intent to defraud, including the intent to cover up another crime, at the time the false records were made."

Read more from Newsweek's Ewan Palmer here.

Judge: The degree of detail is "just unnecessary"

Court is back in session.

Before Stormy Daniels is called back to the stand, Judge Merchan addresses prosecutors, saying, "the detail we're going into is just unnecessary."

Daniels is now back on the stand. She testifies about walking out of the bathroom in the hotel room and seeing Trump sitting on the bed. "What did I misread" here? Daniels recalls asking herself.

Prosecutor Susan Hoffinger again asks Daniels to slow down while testifying. When asked, Daniels said she did not feel threatened by Trump, but acknowledges there was an "imbalance of power" given his size.

"Next thing I know, I was on the bed," Daniels recalls, saying they slept together.

There have been several objections while Daniels has recalled this encounter. The judge seems frustrated. He calls counsels to the bench and appears to be addressing them firmly. The courtroom cannot hear the conversation.

Daniels recalls "brief" conversation about Melania

While in the hotel room, Daniels recalls a "very brief" conversation about Trump's wife, Melania. Trump said they did not sleep in the same room, Daniels said.

Daniels also recalls that Trump kept cutting her off during conversation, and at one point, pulled out one of his magazine covers. This pushes Daniels to ask, "are you always this rude?" and suggested that someone should spank Trump with the magazine. She said he gave her a "look" so she told him to turn around and swatted him "right on the butt." After this, Trump was "much more polite," Daniels testified.

The two then discussed Trump's show The Apprentice and Trump suggests she appear on it. She expresses worries that people wouldn't take her seriously or that she'd lose, to which Trump tells her she doesn't have to win, "you just have to show who you are."

Break

Court is taking a break. Neither Daniels nor Trump looked at one another as she left the stand.

Daniels meets Trump for dinner

After initially declining Trump's dinner invitation, Stormy Daniels later discusses the matter with her publicist. Daniels wanted to get out of another work-related dinner and her publicist encourages her to go to dinner.

"What could possibly go wrong?" Daniels recalls him saying.

Trump's bodyguard Keith Schiller gave Daniels very specific instructions to take a certain elevator to get to the penthouse of the hotel. He was waiting for her when she arrived. She recalls the door was already cracked open and described details of the room to the jury.

When Trump greets her inside the doorway, he is wearing silk or satin pajamas.

"I immediately made fun of him... and said, 'Does Mr. [Hugh] Hefner know you stole his pajamas?'" she recalls. "I told him to go change and he obliged very politely," she adds. He returned in a dress shirt and pants.

While getting to know each other, Trump asked about her work.

"He was very interested in a lot of the business aspects of it, which I thought was really cool," Daniels said, noting he asked if there were unions, if stars got residuals, what testing procedures were, etc. Trump also asked Daniels if she had a boyfriend, and she said she did not, she testifies.

At one point, he asked if Daniels ever got a "bad" STI test. She tells him she did not and that she could show him because all that information was available within the industry. She testifies that to this day she has never tested positive for anything. She compared working in the adult film industry to WWE.

For the most part, Daniels has been peering at prosecutor Susan Hoffinger through her glasses while the ADA asks her questions. She occasionally glances over towards the jury.

Hoffinger, again, asks Daniels to slow down. Though Daniels is speaking quickly, she does not appear to be nervous. Judge Juan Merchan is now asking Stormy Daniels to slow down while testifying.

Daniels asked to identify Trump in court

Daniels is asked to point out Trump in the courtroom. She's moving around the microphone and trying to get a better view of him, before quickly pointing at him.

While she's doing so, reporters are heard furiously typing in the room.

Daniels recalls meeting Trump in Lake Tahoe

Stormy Daniels recalls meeting Trump at a celebrity golf tournament in Lake Tahoe in July of 2006. At the time, Daniels was working with adult film company Wicked Pictures. The company sponsored one of the holes on the tournament, she laughs.

Daniels says meeting Trump on the course was "a very brief encounter." After finding out she also directs, she recalls Trump told her, "you must be the smart one." She was 27 at the time. Trump was "probably as old or older than my father," Daniels said. She estimates her father was about 60.

In the gift room, she said Trump talks to his security, who then comes up to Daniels and tells her that Trump wanted to know if she'd like to have dinner with him. She says she declined.

Daniels talks very fast. She is ripping through her testimony, unlike some of the previous witnesses we have heard from.

Stormy Daniels called to the stand

Prosecutors have called Stormy Daniels to testify. The adult film star is the DA's 13th witness.

Daniels did not look at Trump as she walked to the stand. She is wearing all black—loose fitted pants, a scoop-necked shirt and long, hooded cardigan. Her hair is in a messy updo. Daniels recalled her childhood and now is explaining how she got into dancing, nude modeling and adult films.

At age 23, Daniels became one of the youngest feature directors in the industry, she testifies. She has directed over 150 films and won various awards for that work.

Judge calls lawyers to bench

After witness Sally Franklin left the stand, Judge Juan Merchan called lawyers to the bench. Stormy Daniels is set to testify next.

Trump: It was a legal expense

Trump addressed reporters for a few moments before walking into the courtroom this morning ahead of Stormy Daniels' testimony. He discussed lawyers' expense payments/

"You pay a lawyer expense payments, Trump said. "We didn't put it down as construction costs. The purchase of sheetrock, the electrical costs, the legal expense that we paid was put down as legal expense. There's nothing else you could say. You don't have to put down anything I guess. But we put down a legal expense. 'Is that a good statement Mr. Attorney?'" Trump asked attorney Todd Blanche, who was standing at his left side. "Yes" Blanche said with a little smile.

"And everyone is saying oh, that's the fraud, that's what they're trying to get us on, the fact that we called the legal expense a legal expense, they marked it down in the books, the check was signed," Trump said. "And the other thing this was approved by all agencies, everybody saw that, there was nothing hidden at all."

He called the trial "very very unfair," but the good news is "they have nothing."

First witness of the day called

Prosecutors have called Sally Franklin as their first witness of the day.

Franklin is the senior vice president and managing editor at Penguin Random House publishing group. She is here under a subpoena.

She is being asked about two of the former president's books, Trump: How to Get Rich and Trump: Think Like A Billionaire. Excerpts of the books are now being read to jurors. One portion of the book says, "For many years I've said that if someone screws you, screw them back."

In Trump: Think Like A Billionaire, the former president is quoted as writing, "I always sign my checks, so I know where my money's going" and that if he didn't check up on his financial reports regularly, "I would be in big financial trouble and I would have no one to blame but myself."

Trump attorney Todd Blanche is up for cross-examination. Blanche notes a second name on the books next to Trump's, Meredith McIver, and asks Franklin about the roles of a ghostwriter. Franklin explains, but says she doesn't know exactly what McIver did in the publication of these books.

On redirect, Franklin agrees that ghostwriters do not create content without the input of the author and that "the ghostwriter works for the author."

Franklin is now off the stand.

Prosecutors to call Daniels as today's second witness

Court is now in session.

Trump attorney Susan Necheles confirms that Stormy Daniels will be today's second witness and objected to her testimony. Necheles asked that the adult film star be barred from testifying about the "details" of her alleged sexual encounter with Trump.

The DA's office argues that "the details of the encounter" between Trump and Daniels, including the sex act, are important for the prosecution and that her testimony, which will omit "salacious" information, is needed to establish her credibility to the jury.

The judge agreed with Trump's attorneys that the adult film star has a credibility issue and said "we don't need to know the details."

Also in court: Eric Trump and Alina Habba are back in the courtroom this morning.

Trump "just recently" found out who will testify today

This morning, former President Donald Trump said he was "just recently" told who would testify today. In a Truth Social post this morning, he wrote, "I have just recently been told who the witness is today. This is unprecedented, no time for lawyers to prepare." The post has since been deleted.

Before court adjourned Monday, prosecutor Joshua Steinglass raised issue with the defense's arguments that they haven't had sufficient notice of the evidence that the prosecution is introducing, saying, "it's just not true."

Steinglass told the judge that his side has been giving Trump's team a day's notice for the witnesses, out of concerns that the former president will make public comments about them. Steinglass argues that the defense has had the full list of witnesses for months, just not the order in which they'll appear.

Stormy Daniels expected to testify

Good morning, day 13 of the hush money trial is set to begin in about 10 minutes.

Today: Prosecutors are likely to call Stormy Daniels to testify, The Associated Press reports. In a recent interview, the adult film star said she was "absolutely" ready to take the stand.

Trump has been charged with 34 counts related to falsifying business records in connection with the $130,000 hush money payment made to Daniels. She claims she had an affair with the Trump, he has denied it.

Daniel's former attorney Keith Davidson has already testified in the case, saying he would "never" call the payment made to his client "hush money," rather "consideration."

Monday, the prosecution called two Trump Organization executives to the stand, former Trump Organization controller Jeffrey McConney and accounts payable supervisor Deborah Tarasoff. Both witnesses detailed how Michael Cohen was reimbursed for the $130,000 payment to Daniels.

Get caught up: Here's a recap from Day 12 in court.

Newsweek senior reporter Katherine Fung is inside the courtroom. Watch a recap ahead of today's proceeding's below:

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Katherine Fung is a Newsweek reporter based in New York City. Her focus is reporting on U.S. and world politics. ... Read more

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