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Trump Hush Money Trial: Judge Denies Modifying Gag Order, Karen McDougal Will Not Testify

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Trump Hush Money Trial: Judge Denies Modifying Gag Order, Karen McDougal Will Not Testify

Stormy Daniels returned to the stand Thursday in the New York hush money trial against former President Donald Trump. Live updates have ended.

Motion for mistrial denied

The motion for a mistrial is denied, now for a second time.

Court is adjourned until tomorrow.

Defense again motions for mistrial

Blanche now argues again for a mistrial, two days after his Tuesday motion was denied.

While Blanche brings up several parts of Daniels' testimony—including her "imbalance of power" comment and the bit about Daniels and Trump's height difference—Merchan notes, "In fact, after many of these anecdotes, there were objections that were sustained."

Steinglass begins by telling Blanche most of what he argued was "flat-out untrue."

He said Daniels' testimony is "not a new account" and that it had been documented in many previous interviews, which he argues that defense has used both "effectively" and "misleadingly" on cross-examination.

Trump is writing something down, and has been for some time now. He passes the note to Blanche.

Blanche had taken issue with the fact that Daniels alleged that she and Trump did not use a condom, but Steinglass argues that the those details are not "insignificant" or "irrelevant" because it helps establish that Daniels' account is consistent.

He cites Daniels and Trump's alleged conversation about the regularity of condom use in the adult entertainment industry. "Those messy details—that is the motive," Steinglass says. Steinglass says the prosecution never planned to call Karen McDougal. She was on the list of possible witnesses, but he "corrects" Blanche, arguing the DA's office did not "change our minds."

"Going back into the very opening statements... Mr. Blanche, in your opening statements you denied there was ever a sexual encounter with Stormy Daniels and the defendant," the judge tells Blanche. "Your denial puts the jury in a position where they have to choose who they believe."

Merchan agrees that certain things shouldn't have come in. He says he wishes those questions weren't asked and those answers weren't given, but asks why the defense didn't object.

"Why [Necheles] wouldn't object to a mention of the condom? I don't understand," he says.

He also dings the defense for then focusing their cross-examination on the exact testimony they took issue with, saying they "drilled it over and over again into the jury's ears."

Motion to modify gag order denied

Now, Blanche is addressing the two motions related to Stormy Daniels.

Blanche argues that Daniels should be removed from the gag order now that she's given her testimony. He says Trump should be allowed to respond to what she said on the stand today and Tuesday.

"The fact that witnesses are brave enough to come in here... shouldn't expose them to this defendant's barrage of attacks," prosecutor Joshua Steinglass says.

"My concern is not just with protecting Ms. Daniels or a witness who has already testified, my concern is protecting these proceedings as a whole," Merchan tells Blanche.

He is worried that witnesses who haven't testified will see Trump's attacks as what's coming their way.

"I can't take your word for it, that 'No, no, this is going to be low-key, it's not going to be an attack,'" Merchan says, noting that hasn't been Trump' s "track record."

The motion to modify the gag order is denied.

Karen McDougal will not testify

Prosecutors informed the defense that they longer intend to call former Playboy model Karen McDougal to testify, Trump attorney Todd Blanche said.

Defense begins cross-examination

The defense begins cross-examination.

Westerhout smiles when affirming Trump forgave her and agrees that Trump was great to work for. When asked about her flattering account of Trump, she says she has nothing negative to say about him, "so why would I write it?"

Westerhout calls Trump "amazing," saying that he never made her feel like she didn't belong in the West Wing, "especially with an office filled with older men."

"I just found him really enjoyable to work for," she says.

When asked about becoming Trump's executive assistant, she says, "There was no transition into the White House, so Rhona [Graff] was really helpful."

Westerhout's testimony is paused here for today. Judge Merchan dismisses the jury.

Westerhout: I don't think Trump is "treated fairly"

Westerhout began crying during her testimony as she recalled her departure from the White House.

She was asked about the dinner where she gave comments to reporters that cost her her job. She begins crying while talking about her regret for her "youthful indiscretion." She explains that she's learned a lot since. She is asked about the book she's written about that experience. She begins sobbing.

"I thought it was really important to share with the American people the man I got to know," she says through tears. "I don't think he's treated fairly."

Trump and Melania's relationship was "really special"

Madeleine Westerhout, the former director of Oval Office operations, describes Trump and Melania's relationship as "really special."

"He was my boss but she was definitely the one in charge," she says of Melania. Trump looks down and smiles.

Trump smiles and laughs as Westerhout testifies

Westerhout says Trump preferred to speak to people in-person or over the phone. Asked how many calls he was making, she said "a lot." Trump laughs.

She recalls sometimes he'd be on the phone even when she was leaving for the night. "I always felt guilty about that," she smiles.

She affirms that Trump pays close attention to details, keeps things organized, and prefers to sign things himself by hand.

Sometimes, he would dictate tweets, which she would write down, type up and print out for his review. Westerhout recalls that Trump liked to capitalize certain words, like "Country," and use exclamation points. Trump laughs to himself.

She reads out emails exchanged between her and Rhona Graff in the early days of the Trump presidency. To help with the transition, Graff puts together a contact list for Westerhout. Prosecutors show the names on the contact list, which include Allen Weisselberg, Tiffany Trump, David Pecker, Michael Cohen and Jeanine Pirro. Pirro sat front row in the overflow press room this morning.

In 2017, Westerhout recalls that Trump's personal expenses "were handled by checks."

"Checks were sent from the Trump Organization to an employee at the White House and I brought them to the president for him to sign," she says. Which employee? First Schiller, then her.

Prosecutors display an invoice for the Winged Foot Golf Club, with a note from Graff that asks Trump if he wanted her to look into suspending his membership. Trump's writing can be seen in Sharpie "PAY" and "ASAP." It's in the amount of $6974.01.

An email exchange between Westerhout and Graff is on display. They are discussing a photo that he wanted to have framed. Graff said she doesn't have a frame but can go to Tiffany's to get one. "Please note that the frames are on the pricey side... about $650 minus %15 discount. Does DTJ want to spend that much?" Graff asks.

Westerhout said that she doesn't recall other instances where he would have to approve purchases at this price point.

Next witness: Madeleine Westerhout

The prosecution has called its next witness, Madeleine Westerhout, the former director of Oval Office operations. She is also here under a subpoena.

DA's office kicks her testimony off by asking if she's nervous.

"I am now, yes," she says with a smile. Trump and Necheles exchanges laughs.

Westerhout was working at the RNC during Trump's 2016 presidential campaign. She's asked how the RNC leadership responded to the Access Hollywood tape.

"There were conversations about how to–if it was needed, how it would be possible to replace [Trump as the nominee]," she says.

In Dec. 2015, Westerhout's then-boss approaches her asking if she'd like a job sitting outside the Oval Office. "I said, yes I do!" she recalls giddily and cheerfully. She adds that she didn't care about the title as long as she got to sit there.

Trump smiles.

On a map, she points out the small area where she sat in the White House, where Hope Hicks, John McEntee and Keith Schiller also sat.

Next witness: Tracy Menzies

Prosecutors have called their next witness, Tracy Menzies. She is from HarperCollins publishing company and testifying as another custodian of records. Menzies is the DA's 15th witness and also here under a subpoena.

She is introducing excerpts of Trump's Think Big: Make It Happen in Business and in Life into evidence. Prosecutors are having Menzies read quotes from Trump's book that emphasize how important loyalty is to him.

"As a matter of fact, I value loyalty above anything else—more than brains, more than drive, and more than energy," it reads in part. "I think the reason we have so many loyal people is that we reward loyalty and everybody knows this. It has become part of the corporate culture of the Trump Organization. My motto is always get even. When somebody screws you, screw them back in spades."

Upon cross-examination, Trump attorney Todd Blanche begins by establishing that Menzies was not part of the publishing of this book when it was released in 2012.

Menzies' brief testimony is now over.

Cross-examination begins

Court is back and Trump attorney Susan Necheles is cross-examining Rebecca Manochio. The Trump Org. junior bookkeeper testifies that she also sent checks via Fed Ex to Ivanka Trump once Trump moved to the White House.

She says while Weisselberg and Trump spoke daily before Trump was elected, they did not speak at all once he moved to the White House.

This concludes Manochio's brief testimony.

Trump rails against gag order

A series of videos have been posted to Trump's Truth Social account over the last 20 minutes which included railing against the hush money case.

"THIS ISN'T A TRIAL, IT'S A POLITICAL CAMPAIGN, A WITCH HUNT, JUST LIKE THE HIGHLY CONFLICTED AND BIASED JUDGE, JUAN MERCHAN, WANTED IT TO BE..." Trump posted.

"This Judge has taken away my Constitutional Right to FREE SPEECH. I am the only Presidential Candidate in History to be GAGGED..." another reads.

Defense raises three issues

Trump attorney Todd Blanche said the defense wants to raise three new issues related to witness testimony. The first, another motion for a mistrial. Second, to preclude Karen McDougal from testifying. Third, an issue related to the gag order concerning Stormy Daniels.

Judge Merchan said the jury will be dismissed from court early today so he can hear the issues.

Lunch break

Court is breaking for lunch. The defense will begin its cross-examination of Trump Org. bookkeeper Rebecca Manochio when we return.

Next witness: Trump Org. bookkeeper

Prosecutors are moving right along and call their next witness, Rebecca Manochio. She is a junior bookkeeper at the Trump Organization, where she has worked for 11 years. She is here under a subpoena.

Previously, Manochio worked as an executive assistant for former Trump Org. CFO Allen Weisselberg and former Trump Org. controller Jeff McConney.

Trump smiles when Manochio recalls that he moved to the White House to become president.

Manochio is testifying as a custodian of records. She explains that Deb Tarasoff, the company's accounts payable supervisor, would give her the checks that needed Trump's signature in a manilla folder, which she would then FedEx that day. She guesses she sent between 10 and 20 at a time. Manochio is verifying FedEx invoices that she sent to Trump's bodyguard Keith Schiller's home address in D.C., but not the White House

The FedExs included unsigned checks that required Trump's signature. She doesn't know why she sent them to Schiller, but was told to do so either by Weisselberg or Rhona Graff.

The jury is familar with McConney, Tarasoff and Rhona Graff who have all previously testified.

Manochio reads a Sept. 7 2017 email from former Trump aide John McEntee to Graff. McEntee asks Graff to put him in touch with Manochio. "With Keith leaving I will need the bosses personal checks mailed to me," McEntee writes.

Stormy Daniels completes testimony

Stormy Daniels has stepped off the stand. The adult film star testified for about two-and-a-half hours today, and several on Tuesday.

Daniels' attorney Clark Brewster shared a photo with his client shortly after she finished her testimony. "Couldn't be prouder of my client," he wrote on X.

Daniels: Trump story has been a "net negative" in her life

Prosecutor Susan Hoffinger begins the redirect and brings up additional context that the defense did not ask Daniels about.

This includes one of the texts between then-editor in chief of the National Enquirer Dylan Howard and Daniels' former attorney Keith Davidson as well as a note on the 2011 interview that mentions it has been "lightly edited."

Trump is whispering back and forth with his attorney Todd Blanche at the defense table. His other counsels have approached the bench with members of the DA's office.

Daniels says she "wasn't sure" but thought Trump's Aug. 4, 2023 "IF YOU GO AFTER ME, I'M COMING AFTER YOU!" post on Truth Social was about her.

She says it coincided with Trump prevailing in the Florida defamation case against her.

Hoffinger asks Daniels if the Trump story has been a net negative or net positive in her life, she answers "net negative."

Redirect ends, Trump attorney Susan Necheles is up again.

Sen. Rick Scott: "This has to stop"

Florida Republican Sen. Rick Scott slammed the politics surrounding the criminal hush money case against Trump after attending court this morning.

"This has to stop," Scott said. The senator echoed Trump's remarks about not being able to campaign amid the trial as he's "holed up" in court.

"We know that President Biden can't win this election fair and square. He has nothing to run on," Scott said. "So that's why this is happening."

Photos: A look inside the courthouse

Earlier this morning, Judge Juan Merchan ruled that photographers can no longer take photos inside of the courtroom during the trial. More on that here.

Cameras are still allowed outside of the courtroom, where Trump typically addresses the media each morning and afternoon. Here's a look at the scene today.

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Cross-examination continues

Court is back and the defense continues its cross-examination of Stormy Daniels. Trump has had his eyes closed for much of Daniels' testimony this morning.

Trump attorney Susan Necheles asks the adult film star if she knows what Trump is indicted for in this case. Daniels responds, "There's a lot of indictments."

Break

Court is taking a short morning break.

Trump attorney: You're well-versed in making "phony stories about sex" appear "real"

Necheles asks Daniels about her adult film career, suggesting that she's well-versed in making "phony stories about sex" appear "real."

"Wow," Daniels says. "That's not how I would put it. The sex in those films is very real—just like what happened in that room."

Necheles then asks Daniels if she made up the story about Trump, she answers she would have written a "better" story.

Necheles is asking questions to point out discrepancies in Daniels' stories from over the years. Necheles attempts to undercut Daniels' testimony with several parts of her 2011 In Touch Weekly magazine interview, pointing out discrepancies about whether it was Trump or his bodyguard Keith Schiller who asked Daniels to dinner and whether they ate during the night of their alleged encounter.

Daniels said she never saw any food and would have remembered because she's "very food motivated."

Daniels "absolutely meant" Trump in turd tweet

Necheles questions Daniels about the $100,000 she made from an NBC documentary. "You're trying to trick me into saying something that's not entirely true," Daniels says.

Trump's attorney then asks Daniels about if she's said she'd be "instrumental" in putting Trump in jail. Necheles points to Daniels' tweet which reads she'd be the "best person to flush the orange turd down."

Daniels replies, "It doesn't say President Trump. It says orange turd, so if that's what you're interpreting then..." Shortly after, she says she "absolutely meant" Trump.

Daniels confirms she celebrated Trump's indictment with champagne and sold her merchandise. She recalls people asking how they could "support her," so Daniels tweeted her store, where her merchandise was sold.

Daniels' statements denying sexual encounter

Trump attorney Susan Necheles reads a 2018 statement from Stormy Daniels in which she denies a sexual encounter with Trump.

It reads, "Rumors that I had received hush money from Donald Trump are completely false."

"Correct," Daniels replies, "because it wasn't a rumor, it was the truth." Daniels confirms that she did not write the statement, but was told to sign it.

Daniels later signed another statement denying a sexual relationship, the adult film star says this one was drafted by Michael Cohen.

Daniels' tour: Later, Necheles turns to Daniels' "Making America Horny Again" tour. Daniels says she fought "tooth and nail" against that name and that she had no control over the promotional materials each individual club posted. One poster had a photo of Trump and Daniels.

What to expect from today's cross-examination

The defense will continue attempting to poke holes in Stormy Daniels' story to discredit her as a witness, including her motivations. Her responses could be briefer and less revealing than Tuesday, something the judge repeatedly asked the adult film star to do.

Read more from Newsweek's Joe Edwards here.

Watch: Trump addresses media before court

Trump spoke with reporters outside of the courtroom for about five minutes before walking into the courtroom.

Trump speaks to media
Former President Donald Trump, with lawyer Todd Blanche (R), speaks to the press before his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City,... ANGELA WEISS/POOL/AFP via Getty Images

Here's what the former president said in part: "Today we have Rick Scott here, Senator Rick Scott, we have other politicians here, we have people, many people in support," Trump said.

"The outside of this building is closed down like Fort Knox. More police that we have ever seen. We have so many police down here, New York's Finest, and they are New York's Finest. It's hard to watch but they're told what to do. They don't have them at Columbia, they don't have them at NYU or any other place.

This is like an armed camp down here. You have nothing to worry about. Believe me. Your problem is from the left, it's not from the right, it's from the left. It's from within, within our country. That's a bigger, in my opinion, a bigger danger than China or Russia. You have it from the outside and you have it from within. From within is a bigger danger to our country, and it's from the left, not from the right."

Stormy Daniels back on the stand

Stormy Daniels is back on the stand and the defense is resuming its cross-examination. Daniels is wearing a v-necked green dress and black cardigan.

Trump attorney Susan Necheles is again leading the questioning and began by asking the adult film star if she wanted money from Trump in 2016.

"I never asked for money from Mr. Trump" or Michael Cohen, Daniels said.

"I never asked for money from anyone in particular, I asked for money to tell my story," Daniels insists.

When asked if she was motivated to sell her story because of her anger towards Trump's positions on abortion and gay marriage, Daniels says "no" with a slight chuckle.

Sen. Rick Scott joins Trump in court

Florida Sen. Rick Scott joins Trump in court today. Alina Habba and Boris Epshteyn are also here; former judge Jeanine Pirro is seated in the press section.

Rick Scott walks into court
Senator Rick Scott (R-FL) looks on after former president Donald Trump addresses the media before he appears in court during his trial for allegedly covering up hush money payments at Manhattan Criminal Court on May... Victor J. Blue-Pool/Getty Images

Who has testified so far?

The prosecution has called 13 witnesses over the past three weeks. Some answered questions for several days, others testified briefly to introduce evidence.

Earlier this week, prosecutors said they need about two additional weeks to make their case. Trump's former fixer Michael Cohen and former Playboy model Karen McDougal are among the expected witnesses who have yet to be called to the stand.

Here's who's testified so far in the hush money trial:

  • David Pecker, former National Enquirer publisher
  • Rhona Graff, longtime Trump assistant
  • Gary Farro, Michael Cohen's former banker
  • Dr. Robert Browning, executive director of C-SPAN archives
  • Phillip Thompson, from court reporting company Esquire Deposition Solutions
  • Keith Davidson, attorney for adult film star Stormy Daniels and former Playboy model Karen McDougal
  • Douglas Daus, processes digital evidence for the Manhattan District Attorney's office
  • Georgia Longstreet, paralegal for New York County's District Attorney's office
  • Hope Hicks, former top Trump aide
  • Jeffrey McConney, former Trump Organization controller
  • Deborah Tarasoff, Trump Organization accounts payable supervisor
  • Sally Franklin, senior vice president and managing editor at Penguin Random House publishing group
  • Stormy Daniels, adult film star

Soon: Stormy Daniels resumes testimony

Good morning, day 14 of the hush money trial against former President Donald Trump is set to begin in 30 minutes.

Today: The defense is expected to start the morning resuming its cross-examination of Stormy Daniels. The adult film star testified for most of the day Tuesday in what featured extremely detailed and explicit testimony.

Photography changes: Judge Juan Merchan is no longer allowing photography in the courtroom for the rest of the trial, according to pool reports. Apparently, someone violated the court order by taking a picture of Trump before he reached the well. Photography will still be allowed in the hallway outside. Read more here.

Here's a recap from our last day in court:

The prosecution called Sally Franklin to testify. Franklin is a senior vice president at Penguin Random House and helped the prosecution introduce excerpts of Trump's books into evidence.

Stormy Daniels then took the stand, answering questions about the alleged sexual encounter with Trump and the $130,000 "hush money" payment from Michael Cohen shortly before the 2016 election. The adult film star testified that she "hates" Trump, and confirms that she still owes him $560,000 in legal fees.

The amount of detail, especially explicit, became a recurring issue throughout her hours of testimony. The judge himself interrupted Daniels more than once, telling her to keep her answers short.

Mistrial motion denied: The defense moved for a mistrial based on Daniels' testimony. The judge denied the motion, saying while "some things were better left unsaid," Daniels was a difficult witness to control.

Get caught up: Complete coverage from day 13.

Newsweek senior reporter Katherine Fung is inside the courtroom.

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