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Live coverage: Donald Trump's first criminal trial kicks off third week

by Mark Sumner for Daily Kos Liveblogs

Daily Kos Staff Emeritus

Tuesday, Apr. 30, 2024 Tuesday, Apr. 30, 2024 at 6:30:11am PDT

Former President Donald Trump, followed by his attorney Todd Blanche, exits the courtroom during his trial at Manhattan criminal court , Friday, April 26, 2024, in New York. (Curtis Means/DailyMail.com via AP)

Donald Trump’s trial on 34 counts of falsifying business records to disguise payments made to adult film actor Stormy Daniels kicks off its third week on Tuesday. Prosecutors are expected to resume questioning former managing director of First Republic Bank Gary Farro.

Farro served as a banker for Trump attorney Michael Cohen. His testimony so far has largely focused on laying out the sequence of actions by which Cohen created a shell company to pay Daniels, opened bank accounts for that shell company, and moved funds into those accounts. Through his testimony, prosecutors have entered a series of bank records into evidence.

Farro’s testimony may not be as colorful as that of former National Enquirer publisher David Pecker, but the payments to Daniels are at the heart of the charges against Trump, and prosecutors need to obtain information from Farro in a way that makes Trump’s crimes obvious. Based on where things stood with Farro on Friday, his time remaining on the stand may be relatively brief.

When prosecution and defense wrap up with Farro, it’s not clear which witness will testify next. Prosecutors have been reluctant to announce an order of witnesses to help protect those appearing from social media attacks by Trump.

Trump stopped on his way out of court to win friends and influence people.

Trump: This gag order is totally unconstitutional. I’m the Republican candidate. I received this honor in record time. Nobody has ever gone faster. And I’m sitting in a court house all day long listening to this stuff pic.twitter.com/BhC2p7Epi5
— Acyn (@Acyn) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 9:17:49 PM +00:00 · Mark Sumner

The trial has now adjourned for the day with Davidson still fielding questions.

Davidson continues to comment on Cohen, calling him “highly excitable” and emphasizing the difficulty of closing the deal for Stormy Daniels. Though the money was due on Oct 14, and Cohen promised to pay it himself on Oct 18, it wasn’t until Davidson again pushed Cohen a week later that something actually happened.

At the very end of the day, prosecutors got to an email from Cohen that was forwarded through First Republic Bank, tying back to testimony from Gary Farro. Prosecutors have followed the deal through from just about every angle, but it’s still unclear if either Davidson or Farro had any evidence that Trump was behind the funding other than statements by Cohen.

If “follow the money” is still the guiding principle, they’ve followed the money from Cohen’s pocket, through First Republic, to Daniels. But all of this is preliminary (if necessary) because everything that’s in the indictment concerns how the money went from Trump to Cohen.

There is no trial in the morning. The gag order hearing that was initially set for Wednesday afternoon has now been moved to 9:30 AM ET on Thursday. The jury was instructed to return at 10:00 AM ET on Thursday when we’re likely to see the defense cross-examine Davidson.

Based on hints from earlier in the day, we may see either Karen McDougal or Stormy Daniels on the stand once Davidson is done. From the order of questioning so far, it wouldn’t be surprising to see McDougal up first.

UPDATE: Tuesday, Apr 30, 2024 · 8:52:05 PM +00:00 · Mark Sumner

Apologies for the gap in coverage. I had an ill-timed power outage.

UPDATE: Tuesday, Apr 30, 2024 · 8:18:35 PM +00:00 · Mark Sumner

Apparently, Cohen did directly tell Davidson that Trump was providing the funding. This appears to have been in testimony that came before the break.

STEINGLASS: Did Michael Cohen lead you to believe someone other than Michael Cohen was funding this transaction?
DAVIDSON: Yes
— Katie Phang (@KatiePhang) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 8:16:46 PM +00:00 · Mark Sumner

This is part of what Team Trump definitely didn’t like. Davidson didn’t just assume Trump was frugal. He and Howard assumed Trump was broke.

On Oct. 18, 2016, Howard cracked in a text: "I reckon that trump impersonator I hired has more cash."

Davidson, who replied to him "lol," says he took that to mean Trump isn't as wealthy as he claimed. pic.twitter.com/3DtkISsnFU
— Adam Klasfeld (@KlasfeldReports) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 8:14:03 PM +00:00 · Mark Sumner

Trump’s attorneys apparently objected to something about the prosecution’s questioning of Davidson and Merchan has sustained that objection after an extended sidebar. Emil Bove has been raising objections from the defense table all through the last few minutes of testimony.

Would not be surprised to see all of Davidson’s assumptions about Trump being behind the payments stricken. Could even be an instruction to the jury.

UPDATE: Tuesday, Apr 30, 2024 · 8:10:21 PM +00:00 · Mark Sumner

Meanwhile, in appeals court … Trump loses on another effort to delay the trial over claims that Merchan has a conflict.

Side note:

Another of Trump's Hail Mary passes to an appellate court to halt his in-progress trial has been DENIED.

This one sought delay because Justice Merchan declined to recuse himself, forced Team Trump to ask permission to file pre-trial motions, and denied immunity. pic.twitter.com/0Tr7lEvlxT
— Adam Klasfeld (@KlasfeldReports) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 8:07:19 PM +00:00 · Mark Sumner

Sidebar underway. Lonely Trump left to slouch at the defense table alone.

UPDATE: Tuesday, Apr 30, 2024 · 8:05:46 PM +00:00 · Mark Sumner

Davidson is once again talking about his understanding that Trump was behind the deal, and expressing the thought that Trump was “frugal” so he was trying to avoid payment. But what I still haven’t seen is anything showing that Davidson had actual knowledge of Trump’s involvement.

UPDATE: Tuesday, Apr 30, 2024 · 8:03:10 PM +00:00 · Mark Sumner

Davidson was so pissed about Cohen’s late payment that he was ready to end the deal.

We're back.

On Oct. 18, 2016, Davidson texted Howard: "I can't believe Cohen let this go. It's going to be a shit show."

He says he believed that Daniels' manager Gina Rodriguez had a backup deal waiting in the wings, something he alluded to in the follow-up messages. pic.twitter.com/Cl0HhfiRnA
— Adam Klasfeld (@KlasfeldReports) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 8:01:09 PM +00:00 · Mark Sumner

According to CNN, Trump was late getting back from the break and he entered the courtroom with his phone out in his hand. Both of these are things that Merchan has already warned him about.

Merchan still taking with attorneys off-mic.

UPDATE: Tuesday, Apr 30, 2024 · 7:58:41 PM +00:00 · Mark Sumner

Here we go again. Davidson still up.

UPDATE: Tuesday, Apr 30, 2024 · 7:45:53 PM +00:00 · Mark Sumner

Summary of Davidson’s last few minutes of testimony: He not only though Cohen was a jerk, he thought Trump was stonewalling him, delaying payment until after the election when Daniel’s story might be worthless.

UPDATE: Tuesday, Apr 30, 2024 · 7:43:29 PM +00:00 · Mark Sumner

10 minute break. Please don’t smoke ‘em, even if you got ‘em.

UPDATE: Tuesday, Apr 30, 2024 · 7:40:07 PM +00:00 · Mark Sumner

I would say “one more time,” except you can bet this won’t be the last time the prosecution hammers this point.

Did you ever believe Cohen would be the ultimate source of the funds?
Davidson: Never prior to funding it.
Where did you understand the money to be coming from?
Davidson: From Donald Trump or some corporate affiliation of the Trump Organization.
— Anna Bower (@AnnaBower) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 7:37:41 PM +00:00 · Mark Sumner

Honestly, we’re all missing out by not hearing Keith Davidson describe his phone conversations with Michael Cohen. Those in court today are getting a show.

As CNN reports, not one moment of this went smoothly, and after Cohen had opened the deal by insulting Davidson, the entertainment lawyer got his chance at revenge.

After days of excuses with no money wire, Davidson said he told Cohen, "I don't believe a word really that you say."

Cohen responded, "goddamnit what do you expect me to do, my guy is in five different states today."

UPDATE: Tuesday, Apr 30, 2024 · 7:34:55 PM +00:00 · Mark Sumner

Expect the defense to hammer Davidson on whether he actually knew Trump was involved in the paynments, or if he was only speculating.

UPDATE: Tuesday, Apr 30, 2024 · 7:32:34 PM +00:00 · Mark Sumner

Continuing the Trump had to know theme, Davidson testifies that Cohen was late sending the money.

Davidson says he believed that Cohen didn't have the authority to send the money:

"I let him know that [Daniels'] level of dissatisfaction was quite high."

Then, Cohen said: "Goddamn it, I'll just do it myself," according to Davidson.
— Adam Klasfeld (@KlasfeldReports) April 30, 2024

This certainly speaks to Farr’s testimony about what a hurry Cohen was in to get things finished.

UPDATE: Tuesday, Apr 30, 2024 · 7:29:51 PM +00:00 · Mark Sumner

Maggie Haberman reports that the testimony has now moved toward making it clear that Cohen wasn’t acting on his own.

Davidson is now being asked about the settlement agreement with Daniels. A lot of evidence is mounting that cuts against the idea Trump would have been unaware of all this.

UPDATE: Tuesday, Apr 30, 2024 · 7:27:39 PM +00:00 · Mark Sumner

The money quote from Keith Davidson re Stormy Daniels deal: “After AMI washed their hands of the deal, AMI handed it off to Cohen. In essence, Michael Cohen stepped into AMI’s shoes.”
— erica orden (@eorden) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 7:23:50 PM +00:00 · Mark Sumner

Bidding on Daniel’s story was sluggish until the Access Hollywood tape came out and increased concerns that one more thing might do in Trump’s campaign.

A reminder that in his testimony, Pecker said that one of the reasons that AMI didn’t want to get involved with Daniels is that he worried a story about Trump sleeping with an adult film star would be too tawdry for National Enquirer distributors, Like Walmart.

Please don’t make “Is it good enough to be in the tabloid lane at Walmart” the standard for your actions.

summary: tape drops. 120k. Dylan dropped out, AMI would not complete deal. Dylan asked Gina to call Cohen. She said no and asked him to call on behalf of Stormy. He refused but then agreed when Dylan asked him.

Got that?😀
— Harry Litman (@harrylitman) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 7:17:07 PM +00:00 · Mark Sumner

Davidson is still bludgeoning Cohen, saying that “no one wanted to talk to Cohen.” But the prosecution has the quote they really wanted.

“I believe that Michael Cohen was the personal attorney or general counsel for Donald Trump and that this story involved his client, that that was his interest in the story.”

UPDATE: Tuesday, Apr 30, 2024 · 7:13:42 PM +00:00 · Mark Sumner

This happened after Pecker complained to Trump after the cost of nabbing the McDougal story and made it clear they had no appetite for taking another large hit so soon.

Text messages show Dylan Howard passing Davidson off to Michael Cohen for the Daniels deal.

Asked if it was "unusual" for Howard to connect him with someone outside of AMI to purchase a story, Davidson replies that this was the only time that happened. pic.twitter.com/1gONXpT8IY
— Adam Klasfeld (@KlasfeldReports) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 7:11:13 PM +00:00 · Mark Sumner

Howard has been in the middle of apparently every conversation, but don’t expect him to appear as a witness. According to Susanne Craig at The New York Times, Howard is in Australia and has spinal damage that prevents him from making the long trip to New York.

Which is too bad. I made the flight to Brisbane once while dealing with a kidney stone and that was certainly bad enough.

But still, it seems like maybe we could get someone to check in with Howard, just to be sure.

UPDATE: Tuesday, Apr 30, 2024 · 7:05:56 PM +00:00 · Mark Sumner

Prosecution solicits still more That Michael Cohen, what an ass testimony from Davidson. including saying that conversations with Cohen included lengthy periods of accusations, insinuations, and insults.

If the prosecution gets it to the point where jurors expect Cohen to enter court with horns and a pitchfork, then he looks like a regular guy on the stand, that will be a good thing.

UPDATE: Tuesday, Apr 30, 2024 · 7:00:22 PM +00:00 · Mark Sumner

CNN has more of Trump “closing his eyes.” How much drool would be necessary before someone just admitted he was falling asleep?

UPDATE: Tuesday, Apr 30, 2024 · 6:57:35 PM +00:00 · Mark Sumner

That the prosecution is soliciting a lot of negative comments about Cohen seems like another effort to take the steam out of anything the defense wants to say later. You say Cohen is a jerk? We already admitted he’s a jerk.

UPDATE: Tuesday, Apr 30, 2024 · 6:54:55 PM +00:00 · Mark Sumner

This trial is definitely not the Michael Cohen love and kisses tour.

Davidson:

After Daniels' manager Gina Rodriguez received a voicemail from Michael Cohen, Rodriguez called him to complain "some jerk" called her, was "very aggressive," and threatened to sue her.

Q: I hate to ask this way, but who was that jerk?
A: (chuckling) Michael Cohen
— Adam Klasfeld (@KlasfeldReports) April 30, 2024

This was Cohen’s first move in trying to shut down the Daniels story. It will be very interesting to know whether Cohen spoke to Trump before making this call.

UPDATE: Tuesday, Apr 30, 2024 · 6:51:44 PM +00:00 · Mark Sumner

Just as the prosecution did when questioning Pecker, Steinglass is being very careful to draw a line between Trump’s personal reputation and damage to his campaign.

But there was an unspoken understanding that there was a close relationship between AMI and Trump, Davidson continues. And that the story would hurt Donald Trump.

Steinglass: And when you say "hurt Donald Trump," you mean hurt his campaign?

Davidson: Yes.
— Anna Bower (@AnnaBower) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 6:49:33 PM +00:00 · Mark Sumner

Questioning of Davidson moves on to the main reason we’re all here.

Now moving to Stormy Daniels story with Davidson
— Harry Litman (@harrylitman) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 6:48:45 PM +00:00 · Mark Sumner

Jonah Bromwich at The New York Times

The jury this afternoon is hearing, over and over again, that Trump was married when the hush-money deal with Karen McDougal was being negotiated. The judge has not permitted much of the potential evidence that would paint Trump in the most harshly negative light. But it is really difficult — given the context of the charges and the trio of hush-money deals in question — for the witnesses to avoid making him look dishonest, if not worse. No wonder it’s so rare to see a witness make eye contact with the former president while on the stand.

The jurors have also reportedly been refusing to look at Trump as they pass him entering the courtroom. But that may have more to do with how Trump refuses to rise for their entry.

UPDATE: Tuesday, Apr 30, 2024 · 6:45:05 PM +00:00 · Mark Sumner

Prosecutors just confirming again that everyone was on the same page.

Keith Davidson testifies that it was his understanding that the reference to Karen McDougal's relationship with any "then-married man" referenced in her agreement with AMI was about Donald Trump.
— Kaitlan Collins (@kaitlancollins) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 6:42:42 PM +00:00 · Mark Sumner

Davidson confirms that AMI told him they were not going to publish the story he had just sold them.

UPDATE: Tuesday, Apr 30, 2024 · 6:40:23 PM +00:00 · Mark Sumner

Everyone seemed to be happy when the deal was finally handled. This doesn’t seem to have been fun for any of them.

Davidson says that after the deal closed with AMI, he called Michael Cohen. He let him know that the deal involving Cohen's client--Donald Trump--had closed. He told Cohen that the deal would not have happened without him. Cohen was "pleased," Davidson testifies.
— Anna Bower (@AnnaBower) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 6:38:23 PM +00:00 · Mark Sumner

Davidson reports that he groaned when told by Howard that he needed to pass the deal by Cohen. He’d had to do some deal with Cohen before and found him “unpleasant.” This echoes testimony from both Farr and Pecker, both of whom expressed some less-than-glowing opinions about how it was to work with Cohen.

UPDATE: Tuesday, Apr 30, 2024 · 6:32:45 PM +00:00 · Mark Sumner

The eventual deal Davidson negotiated for McDougal wasn’t just $150,000, but a regular column in two magazines owned by AMI as well as a cover-model appearance.

In this exchange, Davidson pressed for a deal at "150k."

"Fuck it. Not my money. I'll ask," Howard replied.

The witness smoothed the edge on the text by abbreviating it as "F--- it." pic.twitter.com/aFkog0LNHP
— Adam Klasfeld (@KlasfeldReports) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 6:25:03 PM +00:00 · Mark Sumner

Davidson testifies that while McDougal wanted to make the deal with National Enquirer (AMI), ABC was making repeated efforts to get access to her story.

Davidson pushes Howard to wrap up deal. She was getting repeated call from ABC news investigative reporter who worked for Brian Ross.
— Harry Litman (@harrylitman) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 6:22:51 PM +00:00 · Mark Sumner

Davidson and Eric Trump apparently exchanged nods on their way into court. What’s the story behind that?

UPDATE: Tuesday, Apr 30, 2024 · 6:19:48 PM +00:00 · Mark Sumner

Davidson on the stand, Mercham on the bench, and jurors coming in. Here we go for the afternoon.

UPDATE: Tuesday, Apr 30, 2024 · 6:18:08 PM +00:00 · Mark Sumner

Friendsies.

Ken Paxton walked into the courtroom behind Donald Trump. Paxton is sitting in the front of the gallery, a few seats down from Eric Trump.
— erica orden (@eorden) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 6:16:40 PM +00:00 · Mark Sumner

Trump is back in the courtroom, pretty much exactly on time. So he’ll probably avoid a second finger wag.

UPDATE: Tuesday, Apr 30, 2024 · 6:06:32 PM +00:00 · Mark Sumner

Trump has also pulled two pages off his campaign site in which he attacked Cohen. That seems to put him in compliance with Merchan’s order with 30 minutes to go.

UPDATE: Tuesday, Apr 30, 2024 · 5:58:33 PM +00:00 · Mark Sumner

Trump appears to have taken down the social media posts that were part of the gag order ruling this morning. So he’s not willing to make such a black and white violation of Merchan’s instructions.

Instead, you can bet that Trump will continue to poke around the edges, attacking Merchan, attacking prosecutors, insisting that this is all the work of Biden, and a good dash of general whining. The question will be whether he can resist doing a review of witness statements in a way that lands him back in front of Merchan.

And of course, we have another hearing tomorrow afternoon over four additional instances of Trump violating the gag order. Since Merchan didn’t make his ruling in the initial ten instances brought up by the prosecution until this morning, it seems likely Trump will face the same $1,000 per instance fine as on the nine where he was found in violation today. But you never know.

UPDATE: Tuesday, Apr 30, 2024 · 5:16:24 PM +00:00 · Mark Sumner

This is a key point out of those last few minutes of testimony.

McDougal preferred the AMI deal to the ABC deal because she preferred not to make public the story w/ Trump.
— Harry Litman (@harrylitman) April 30, 2024

McDougal didn’t want to become famous as yet another woman who had an affair with Trump. She was content to participate in the Trump-Pecker-Cohen scheme.

UPDATE: Tuesday, Apr 30, 2024 · 5:04:58 PM +00:00 · Mark Sumner

Davidson goes through a series of messages showing how he and Howard negotiated a final agreement after Davidson initially proposed $1 million.

With that, the trial breaks for lunch. Lawyers due back at 2 PM ET, and testimony is to resume around 2:15.

Grab a sammy, folks.

UPDATE: Tuesday, Apr 30, 2024 · 5:01:04 PM +00:00 · Mark Sumner

I’m pointing out this post from Alan Feuer at The New York Times not because I agree, but because it very much shows the attitude of the Times and some other outlets.

The gossip industrial complex that Keith Davidson is describing is remarkable — and remarkably crass. He’s out there leveraging his client’s sexual liaisons for money and employment opportunities in a way that resembles a Mafia shakedown.

Notice that it’s McDougal’s effort to find some means of compensation after her long affair with Trump that’s “remarkably crass” and not the fact that a married man had an affair with a much younger model at a time when his wife was pregnant.

Saving those backhands for the little people. It’s what they do.

UPDATE: Tuesday, Apr 30, 2024 · 4:53:00 PM +00:00 · Mark Sumner

Davidson explains that there were other possible outlets for McDougal’s story. It may genuinely have made a difference if he had completed his negotiations with another source that made the public aware of a 10-month affair that took place when Melania was either pregnant or recovering after the birth of Trump’s son.

Davidson explain some of the context to these messages. During that time, Davidson says, he had been negotiating w/ ABC news on Karen McDougal’s behalf. They were interested in acquiring the story. And Davidson was using that interest to reel in a deal w/ AMI.
— Anna Bower (@AnnaBower) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 4:47:32 PM +00:00 · Mark Sumner

Davidson explains why he went immediately to Howard when McDougal signed on as a client.

Davidson: I knew that Dylan’s boss, David Pecker, and Mr. Trump were longtime friends and had a former business relationship. Mr. Pecker published Trump [in his] magazine and at the time AMI had kind of announced explicitly that they had endorsed Mr. Trump’s candidacy.
— Katie Phang (@KatiePhang) April 30, 2024

Everyone understood that AMI would pay up to protect Trump.

UPDATE: Tuesday, Apr 30, 2024 · 4:45:26 PM +00:00 · Mark Sumner

Davidson refused to answer the “did he cheat” question until he could meet Howard face to face.

On June 20, 2016, Howard went to Davidson's office for a meeting, where McDougal alleged she had an affair with Trump.

The meeting is memorialized in the text exchange. pic.twitter.com/41QJ8sdCGG
— Adam Klasfeld (@KlasfeldReports) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 4:39:49 PM +00:00 · Mark Sumner

Here’s a big note between Davidson and former National Enquirer editor Dylan Howard. It indicates that Davidson already understood that the National Enquirer was running defense for Trump and that he knew taking McDougal’s story there was likely to generate the best results for his client.

Which makes it sound as if Howard or publisher David Pecker must have made at least a few PR agencies aware that they were open to buying anything that popped up about Trump.

Also in Howard’s communication back to Davidson: “Did he cheat on Melania?”

The prosecution displays text messages from June 2016 between Davidson and Howard.

"I have a blockbuster Trump story," Davidson texted Howard.

“Talk 1st thing. I will get you more than anyone for it, you know why…” Howard replied.
— Anna Bower (@AnnaBower) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 4:32:49 PM +00:00 · Mark Sumner

Jury gets shown an agreement between Davidson and McDougal showing that he was hired to deal with her involvement with Trump. A portion of the document reads, “Client is hiring attorney to represent client in the matter of client’s claim against Donald Trump...”

Davidson, pushing back at a question that he perceived edged close to privileged conversations:

"I can't and won't discuss what I discussed with Ms. McDougal. I think the paragraph speaks for itself."
— Adam Klasfeld (@KlasfeldReports) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 4:28:51 PM +00:00 · Mark Sumner

After talking about Daniels long enough to cover admission of documents covering his conversations with Cohen, prosecutors press Davidson on another front.

Do you know somebody named Karen McDougal? Joshua Steinglass asks on behalf of the prosecution.

She was a client of mine, Davidson replies. He began representing her in 2016 regarding her personal interactions with Donald Trump.
— Anna Bower (@AnnaBower) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 4:27:18 PM +00:00 · Mark Sumner

Repeated reports of eyes-closed Trump today, though he reportedly woke up t watch himself in some of the earlier video clips.

Trump hasn’t been standing for jurors when they enter, was late returning from break, and is often sitting slumped in his chair with eyes closed and arms crossed. Everything in his actions signals his disdain for the court, the state, and the jurors.

UPDATE: Tuesday, Apr 30, 2024 · 4:24:54 PM +00:00 · Mark Sumner

This is the key thing that Davidson has said so far: Cohen was primarily working for Trump when he negotiated with Daniels. Expect the defense to question how Davidson was sure of this during cross.

Davidson confirms some correspondence with Cohen which goes in as exhibits.

UPDATE: Tuesday, Apr 30, 2024 · 4:21:28 PM +00:00 · Mark Sumner

Davidson testifies that he often worked on NDAs for media properties, but rarely worked with tabloids. He also says he’s testifying under immunity, but didn’t ask for it. Presumably, the prosecution brought this point up to defuse any attempt by the defense to use it to impugn Davidson during cross.

UPDATE: Tuesday, Apr 30, 2024 · 4:15:39 PM +00:00 · Mark Sumner

Prosecutors move quickly through who Davidson is and a bit of his background, then get straight into some questions related to Daniels and the deal with Cohen.

Davidson is asked about Gina Rodriguez, an L.A.-based talent manager who reportedly helped negotiate Stormy Daniels' confidentiality agreement pursuant to the hush-money deal.
— Adam Klasfeld (@KlasfeldReports) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 4:11:59 PM +00:00 · Mark Sumner

And now Thompson is gone. Another new witness, and this one looks to be more exciting.

And now, after several witnesses who were put on the stand primarily to introduce documents into evidence...we've got a fact witness!

It's Keith Davidson, the attorney who represented Karen McDougal and Stormy Daniels.
— Anna Bower (@AnnaBower) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 4:10:02 PM +00:00 · Mark Sumner

The deposition includes Trump being asked about the Access Hollywood tape, but that tape still can’t be entered into evidence.

UPDATE: Tuesday, Apr 30, 2024 · 4:08:45 PM +00:00 · Mark Sumner

It’s easy to understand why Trump’s team didn’t want the document that prosecutors are now asking Thompson about to be entered into evidence.

Because it’s the deposition of Trump’s statement in the 2022 E. Jean Carroll sexual assault trial.

UPDATE: Tuesday, Apr 30, 2024 · 4:05:10 PM +00:00 · Mark Sumner

Katie Phang suggests the reason we’re getting all these documents witnesses is that Trump’s defense refused to allow the admission of documents without going through this unnecessary step. As a result, the jury is getting a bonus viewing of some things Trump’s defense would rather not be referenced.

Katie's Sidebar:

There are an unusual number of Records Custodians being called by the prosecution this morning. Why? Well, it's reasonable to assume that Trump's defense team refused to stipulate to the admissibility of certain items of evidence, like the C-Span videos or…
— Katie Phang (@KatiePhang) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 4:00:52 PM +00:00 · Mark Sumner

I think people are underestimating Trump’s ability to weasel out of anything. He’ll come up with an excuse. Too much publicity. Radical leftists planned to disrupt the event. Something that makes this another golf day.

Honestly, the judge basically forcing Trump to attend Barron’s graduation is probably worse for him than the $9000 in contempt fines.
— Mueller, She Wrote (@MuellerSheWrote) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 3:57:51 PM +00:00 · Mark Sumner

If it wasn’t already clear, Thompson is another documents witness.

First questions to Thompson are about court dispositions, how they are recorded, and where they are stored. That gives a pretty good clue about where this is going.

UPDATE: Tuesday, Apr 30, 2024 · 3:55:24 PM +00:00 · Mark Sumner

New witness.

Next witness up:

Phillip Thompson, another custodial witness for Esquire Deposition Solutions
— Adam Klasfeld (@KlasfeldReports) April 30, 2024

Esquire is a court reporting company. and Thompson is listed as “Regional Director, Field Operations.” (I’m not linking to his LinkedIn resume because that seems a little … squee.)

UPDATE: Tuesday, Apr 30, 2024 · 3:51:54 PM +00:00 · Mark Sumner

A video of Trump and Cohen is entered into evidence, and just like that Browning is off the stand. No cross.

UPDATE: Tuesday, Apr 30, 2024 · 3:49:39 PM +00:00 · Mark Sumner

More clips being entered into evidence. So far, all of them seem to be instances where Trump claimed he didn’t know Karen McDougal or Stormy Daniels.

"As you have seen, right now I’m being viciously attacked with lies and smears. It’s a phony deal. I have no idea who these women are," Trump says in the first clip they're playing from October 2016.

UPDATE: Tuesday, Apr 30, 2024 · 3:47:34 PM +00:00 · Mark Sumner

Maggie Haberman reports that the court is now viewing C-Span clips. “starting with one from a Trump campaign rally in North Carolina in October 2016, where he talks about two women who said Trump touched them inappropriately.”

So nice that Eric and Paxton are on hand for this viewing.

UPDATE: Tuesday, Apr 30, 2024 · 3:44:00 PM +00:00 · Mark Sumner

A few minutes were spent explaining what C-Span is, and that the organization as a whole was sent a subpoena to which Browning is responding. The first questions to Browning had him explaining things like a press pool, C-Span’s commitment to run events in their entirety, and how they verify the media feed.

Browning talks about the record keeping practices of C-SPAN and his efforts to locate documents responsive to a subpoena served on C-SPAN.

Browning, it seems, is a documents witness. The prosecution needs him to authenticate certain videos to get them admitted into evidence.
— Anna Bower (@AnnaBower) April 30, 2024

Like the bank records admitted during Farro’s testimony, the prosecution needs this to allow the videos to become evidence that they can cite later.

UPDATE: Tuesday, Apr 30, 2024 · 3:36:22 PM +00:00 · Mark Sumner

Prosecutors called Dr. Robert Browning to the stand.

Browning is an executive director of archives at C-SPAN.

Like some of Farro’s testimony, the goal in questioning Browning is likely so that the prosecution can enter documents into evidence.

UPDATE: Tuesday, Apr 30, 2024 · 3:31:55 PM +00:00 · Mark Sumner

That earlier argument over whether some documents could be admitted into evidence without retractions, may indicate some exciting testimony is coming soon.

Merchan asks the prosecution when they need a ruling.

Matthew Coangelo, on behalf of the DA's office, says that it would help them plan the rest of the case if Merchan rules by Thursday.

This suggests Cohen or Daniels could begin testifying as soon as Thursday/Friday.
— Anna Bower (@AnnaBower) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 3:29:26 PM +00:00 · Mark Sumner

Merchan issues another warning to Blanche and Trump after Trump is the last one to get back in the courtroom. “Try to keep the breaks short.”

UPDATE: Tuesday, Apr 30, 2024 · 3:28:28 PM +00:00 · Mark Sumner

CNN reports that Texas Attorney General Ken Paxton is also sitting in the courtroom today. Why this day? Who knows.

UPDATE: Tuesday, Apr 30, 2024 · 3:24:22 PM +00:00 · Mark Sumner

Attorneys are starting to wander back in. Expect things to be underway again in a few minutes.

Then we’ll get an answer to the vital question asked so poignantly by Ray Parker Jr. — “Who you gonna call?”

UPDATE: Tuesday, Apr 30, 2024 · 3:22:45 PM +00:00 · Mark Sumner

Trump already has a fundraising email out over the contempt finding complaining that a “liberal judge just silenced me.”

There’s no question that Trump would trade $9,000 slaps on the wrist for the chance to milk his fan base any day. Which is why it’s very unlikely that we’ll see Merchan issue so small a punishment again.

And remember: there are four more potential violations to be examined in a hearing tomorrow afternoon. (Yes, we’ll be covering that.)

UPDATE: Tuesday, Apr 30, 2024 · 3:19:54 PM +00:00 · Mark Sumner

I misread a portion of Merchan’s gag order ruling earlier.

The judge says that, due to the limits of fines on findings of contempt, he can’t fine Trump enough to make it hurt, such as tapping him $150,000 per violation.

But he does have the option of throwing Trump in jail.

UPDATE: Tuesday, Apr 30, 2024 · 3:15:11 PM +00:00 · Mark Sumner

Jonah Bromwich at The New York Times reports on the continued attorney wrangling during the break.

Now, a prosecutor, Matthew Colangelo, rises and says that if Trump testifies, the prosecution would seek to cross-examine him about the judge’s ruling on the gag order.

That announcement will generate more debate and will require a ruling from Merchan.

UPDATE: Tuesday, Apr 30, 2024 · 3:10:07 PM +00:00 · Mark Sumner

A large part of Blanche’s questioning of Farro seemed fixed on the same thing that the defense had pressed when cross-examining Pecker: All of this was normal for the kind of clients that Farro managed.

Blanche got Farro to say that there was no reason to think there was anything unusual about Cohen’s actions, and that other clients also came to him with requests they needed dealt with in a hurry.

Like painting the Pecker catch-and-kill deal as something other celebrities did with some regularity, Blanche seemed to be framing Farro’s interactions with Cohen as typical of the handling given to select clients.

UPDATE: Tuesday, Apr 30, 2024 · 3:05:55 PM +00:00 · Mark Sumner

Farro was on the stand a bit over two hours.

With the jury out of the room, prosecution and defense are arguing over the redaction of some documents. Spoiler: they don’t agree.

UPDATE: Tuesday, Apr 30, 2024 · 2:59:45 PM +00:00 · Mark Sumner

Mangold finishes re-direct, and it’s now time for the morning break.

On recross:

Todd Blanche asks Farro whether the outcome meant that the bank didn't do appropriate due diligence.

Farro pushes back on that, chalking up the issue to the client misleading them.

Farro's testimony ends.
— Adam Klasfeld (@KlasfeldReports) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 2:56:02 PM +00:00 · Mark Sumner

Blanche has finished his cross-examination of Farro. Prosecutor Rebecca Mangold comes forward for the re-direct.

UPDATE: Tuesday, Apr 30, 2024 · 2:54:05 PM +00:00 · Mark Sumner

Farro testifies that Cohen listed Essential Consultants as a real estate company, but Farro didn’t know if it was connected to Cohen’s role at the Trump Organization or was something Cohen was doing outside of his company job.

Farro testifies that in March of 2017 he received a "bounce back" email from Cohen saying that he had accepted a position as Trump’s personal lawyer. The email was the first time Farro learned that Cohen had left the Trump Org to serve as the then President’s personal attorney.
— Anna Bower (@AnnaBower) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 2:49:09 PM +00:00 · Mark Sumner

Farro notes that he wouldn’t have opened the account for Cohen if he had known that Essential Consultants was a shell company.

Honestly, I’m not sure I buy that. Trump has over 500 LLCs in the Trump Organization. Banks and bankers very definitely had to look the other way to pretend that many, if not most, were anything more than shell companies for shuffling around money.

UPDATE: Tuesday, Apr 30, 2024 · 2:44:00 PM +00:00 · Mark Sumner

As might be expected, Blanche has moved on to questioning Farro about his interactions with Cohen, and specifically whether Cohen told him that he was opening the Essential Consultants LLC account for Trump.

Nope. This was already clear from the prosecution’s questioning, but Blanche wants it underlined.

UPDATE: Tuesday, Apr 30, 2024 · 2:37:06 PM +00:00 · Mark Sumner

One more bit from that contempt ruling. What’s the easist way for Trump to violate the order again? Do nothing.

Per Merchan's contempt order, Trump must remove the gag order violations on Truth Social and his campaign website by 2:15 p.m. today.
— erica orden (@eorden) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 2:35:36 PM +00:00 · Mark Sumner

The New York Times also mentions Eric. so maybe the earlier Don Jr. sighting was a mistake.

Eric Trump, in the courtroom today, is sitting directly behind his father (who has been listening to much of this morning’s testimony with his eyes closed). He has been following along, in part, by watching monitors in the room, which display some of the documents in the case.

Trump’s not sleeping, people. He’s just resting his eyes.

UPDATE: Tuesday, Apr 30, 2024 · 2:33:42 PM +00:00 · Mark Sumner

Wait. CNN says Eric Trump is there. Is it Eric? Is it Don Jr. Is it both?

Maybe they’re tagging the courtroom today just because this testimony doesn’t include Daniels or McDougal giving details about their father’s private affairs. Though either of those witnesses could be up as soon as Blanche finishes with Farro.

UPDATE: Tuesday, Apr 30, 2024 · 2:30:20 PM +00:00 · Mark Sumner

Not sure where Blanche is going with this.

Asked if the witness is paying for his own lawyers, Farro replies that he isn't.

His employer banks have paid his legal bills.
— Adam Klasfeld (@KlasfeldReports) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 2:27:02 PM +00:00 · Mark Sumner

The prosecution finishes with Farro and the “not aggressive enough” Blanche stands up.

No further questions from the prosecution, Mangold announces.

“Any cross?” Merchan asks.

Todd Blache makes his way to the lectern to cross examine Farro on behalf of Trump.
— Anna Bower (@AnnaBower) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 2:25:30 PM +00:00 · Mark Sumner

Much of Farro’s testimony this morning goes to just how hurried all of Cohen’s actions were. The LLC and bank account were opened within a day. The new home equity account was created that same afternoon. Cohen was on hand at the bank in person the next day to see that the transfer was made.

It all suggests someone operating under huge pressure — and just how important it was to keep Daniels quiet.

UPDATE: Tuesday, Apr 30, 2024 · 2:20:18 PM +00:00 · Mark Sumner

Susanne Craig at The New York Times:

Farro’s testimony is a great reminder that moving money around always leaves a footprint. There are wire transfers and so much other paperwork inside the bank. Doesn’t always stop a fraud from happening but sure comes in handy after the fact.

UPDATE: Tuesday, Apr 30, 2024 · 2:18:03 PM +00:00 · Mark Sumner

A day after the money landed in his account, Cohen transferred funds to Daniels.

The wire transfer form prompted Cohen to indicate the purpose of the transfer. Cohen wrote “retainer” in response to that question--as if the funds were being paid to retain an attorney for services, not to pay an adult film star for a media story.
— Anna Bower (@AnnaBower) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 2:16:24 PM +00:00 · Mark Sumner

The New York Times has an article up about Trump’s relationship with lead attorney Todd Blanche. Just like every other attorney he’s had in any case over the last five years, Trump feels that Blanche isn’t being “aggressive” enough.

He has griped that Mr. Blanche, a former federal prosecutor and veteran litigator, has not been following his instructions closely, and has been insufficiently aggressive. Mr. Trump wants him to attack witnesses, attack what the former president sees as a hostile jury pool, and attack the judge, Juan M. Merchan.

There’s no doubt that if Blanche did as Trump instructed, both of them would have already been found in contempt. Oh wait, Trump managed that on his own.

UPDATE: Tuesday, Apr 30, 2024 · 2:13:34 PM +00:00 · Mark Sumner

Meanwhile, up on the witness stand, prosecutors have walked Farro through a whole series of steps in how the money went to Daniels.

That includes:

Creating the Essential Consultants LLC shell company in Delaware.
Setting up a home equity line of credit (!) for Cohen and his wife
An expedited advance payment

Next exhibit:

In an email assigned a "High" importance, the bank's staffer requests expedited processing on a $131,000 advance.
— Adam Klasfeld (@KlasfeldReports) April 30, 2024

And a note to Cohen that the money had been deposited in his checking account.

UPDATE: Tuesday, Apr 30, 2024 · 2:08:29 PM +00:00 · Mark Sumner

Another fun part of the contempt finding. Merchan threatens to fine Trump $150,000 per violation.

This part, too: pic.twitter.com/WeVJDup6qb
— Katie Phang (@KatiePhang) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 2:02:36 PM +00:00 · Mark Sumner

More from the contempt ruling. If Trump doesn’t stop it, Merchan says he will send him to jail. Which has, oddly enough, seemed to be what Trump was shooting for on several occasions.

Maybe he thinks he can sell snippets of orange jumpsuit to his followers as a fund raising device.

Note: Judge Merchan warns Trump that if he continues to violate the order, the Court “will impose an incarceratory punishment.” pic.twitter.com/psvkiOwNWx
— Katie Phang (@KatiePhang) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 1:59:44 PM +00:00 · Mark Sumner

Donald Trump Jr. is in attendance today, rather than just a couple of Trump aides.

Trump enters the room, wearing a red tie.

Today marks the first day that a member of Trump's family has appeared alongside him in court.

It's his son, Don Jr.
— Anna Bower (@AnnaBower) April 30, 2024

So expect plenty of shouting from Jr. now that he’s seen his father’s humiliation in person.

UPDATE: Tuesday, Apr 30, 2024 · 1:56:58 PM +00:00 · Mark Sumner

Back on the stand, Farro is asked a question about the information Cohen used when setting up his “Essential Consultants” shell company account.

Asked what would have happened if the bank knew the money would go to an adult film actress, Farro reiterates that First Republic Bank does not work "with that industry."

Cohen may not have been able to open an account.
— Adam Klasfeld (@KlasfeldReports) April 30, 2024

This is one of the ways in which there has been an attempt to strangle all things related to porn over the last several years. Increasingly, any involvement in this industry results in being “debanked.” When you hear conservatives complaining about some site or person losing the ability to open an account, this is often the root cause.

UPDATE: Tuesday, Apr 30, 2024 · 1:53:13 PM +00:00 · Mark Sumner

This is exactly why prosecutors were so anxious to get these slam-dunk violations out of the way. It’s about ramping up the consequences.

Katie’s Sidebar: Judge Merchan exercised his discretion in only fining Trump.

I suspect that when (not if) Trump violates again, Merchan will be more inclined to put Trump into custody, escalating the punishment.

It’s giving Trump enough rope to hang himself.
— Katie Phang (@KatiePhang) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 1:50:32 PM +00:00 · Mark Sumner

Here is Merchan’s contempt ruling.

This Court rejects Defendant's arguments and finds that the People have established the elements of criminal contempt beyond a reasonable doubt as to Exhibits 2-10. This Court's Expanded Order is lawful and unambiguous. … Posts about known witnesses pertaining to their participation in this criminal proceeding and by making public statements about jurors in this criminal proceeding.

UPDATE: Tuesday, Apr 30, 2024 · 1:46:59 PM +00:00 · Mark Sumner

Merchan rules on Trump’s violation of his gag order.

Now:

Justice Merchan finds Trump in contempt on all but one of the first 10 alleged violations of the gag order.

Trump must pay $1,000 per violation, and he faces a hearing later this week on the last four.
— Adam Klasfeld (@KlasfeldReports) April 30, 2024

The $9,000 fine won’t do much other than to fuel more violations by Trump. But it’s an important step as prosecutors call for Merchan to crank up the penalty.

UPDATE: Tuesday, Apr 30, 2024 · 1:43:15 PM +00:00 · Mark Sumner

The jury is in. Farro is back on the stand, and questioning is underway.

Prosecutors are asking Farro about a “know your customer” form that Michael Cohen filed when opening a new account.

UPDATE: Tuesday, Apr 30, 2024 · 1:41:10 PM +00:00 · Mark Sumner

Side note: Though I tend to refer to Juan Merchan as “Judge Merchan,” his official title is “Justice.” That’s because Merchan serves on the New York Supreme Court, which in New York is a lower court. Because everything about the New York court system is designed to generate confusion.

UPDATE: Tuesday, Apr 30, 2024 · 1:37:56 PM +00:00 · Mark Sumner

And Merchan rules on an issue that Trump, Fox News, and 10,000,000 social media bots have been complaining about for weeks.

Justice Juan Merchan says he won't hold the trial on May 17 to allow Donald Trump to attend his son Barron's high school graduation.
— erica orden (@eorden) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 1:36:02 PM +00:00 · Mark Sumner

One of those pieces of paper whose entry into the trial record was made possible by Gary Farro’s testimony.

Good morning from New York.

An ex-senior managing director of First Republic Bank is expected to testify how Michael Cohen funneled a $130,000 home equity loan through a shell company to Stormy Daniels' lawyer.

The record came into evidence, but the jury hasn't seen it yet.🧵 pic.twitter.com/9d25DjeZQl
— Adam Klasfeld (@KlasfeldReports) April 30, 2024

UPDATE: Tuesday, Apr 30, 2024 · 1:34:40 PM +00:00 · Mark Sumner

Donald Trump and his attorneys are in the courtroom, as are the prosecutors. Just waiting for the jury to enter and things to get underway.

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