1 of 6 | Former President Donald Trump speaks to reporters at the end of the sixth day of his criminal trial at Manhattan criminal court on Thursday. Trump’s trial is in its third week on charges he allegedly falsified business records to cover up a sex scandal during the 2016 presidential campaign. Pool photo by Doug Mills/UPI | License Photo
May 2 (UPI) — The sixth day of Donald Trump’s hush money trial concluded Thursday with more testimony from the attorney of the two women at the center of the case.
Judge Juan Merchan did not issue a ruling on four allegations that Trump violated a gag order in the trial after he was fined for nine other violations earlier this week.
During the hearing, Merchan heard arguments focused on statements Trump made to reporters in the courthouse hallway referring to his former lawyer Michael Cohen, a witness in the case.
There are four new instances of alleged gag law violation, including two comments about Cohen, one about the jury and one about witness David Pecker
Prosecutors told the judge Trump is creating “an air of menace” with his public comments they say violate the gag order. They said his public comments corrode the trial’s fair administration of justice.
Attorney Todd Blanche told Merchan that Cohen uses his podcast for repeated attacks on Trump.
Blanche displayed Cohen’s posts showing Trump in an orange jumpsuit.
“Cohen has been inviting and almost daring President Trump to respond to almost everything he’s saying,” Blanche said.
He also said Trump telling Pecker to “be nice” wasn’t a willful violation of the gag order on comments about witnesses.
Merchan, however, said the comments could impact other witnesses.
“It’s about what everybody else … sees Mr. Trump saying and not saying. It goes to the integrity of the proceedings,” Merchan said.
Blanche told the judge the defendant’s statements were part of a presidential campaign and not aimed at influencing the trial.
Blanche referenced President Joe Biden’s comments at the White House correspondent’s dinner making a joke about “stormy weather” referring to Trump. He said Trump can’t comment on that in the campaign without mentioning witness Stormy Daniels.
Merchan had previously ruled Trump violated the order nine times and has imposed the maximum fine of $1,000 per violation.
The gag order prevents Trump from statements that attack jurors, witnesses, counsel in the case other than the district attorney, court staff, district attorney staff, and family members of any counsel or staff member.
The order is designed to protect those named from statements made to interfere with work in the case. The aim is to protect the integrity of the criminal proceeding and to shield trial participants from threats often made in the wake of Trump’s public attacks.
Following the gag order hearing, testimony continued in the trial with Keith Davidson, a lawyer who negotiated hush money deals to pay Karen McDougal and Stormy Daniels to keep their stories from going public and hurting Trump’s 2016 presidential campaign.
Davidson began his testimony by saying Cohen signed an agreement on Trump’s behalf to pay Stormy Daniels. Prosecutors asked him about a reference to “David Dennison” on the payment document, which they allege was an alias for Trump.
Davidson said he never saw a copy of that agreement document with a signature on the line for “David Dennison.”
Prosector Joshua Steinglass presented Davidson with a side agreement that includes Trump’s real name and not the Dennison pseudonym. Davidson explained from the stand that that side agreement letter in his handwriting “decodes” the agreement using the pseudonyms.
Davidson said he took a $10,000 cut of the $130,000 hush money payment to Daniels and later told prosecutors he wouldn’t call the payment “hush money.” He instead likened it to a person signing a contract to pay for a service.
“It wasn’t a payoff. It wasn’t hush money. It was consideration,” Davidson said.
Davidson testified that his dealings were with either National Enquirer staff or Cohen.
During cross-examination, Trump attorney Emil Bove asked Davison about his past dealings with celebrities, insinuating Davidson helped eak information to TMZ about Lindsay Lohan’s treatment at a rehab facility.
Davidson denied doing so, but admitted to to helping broker Tila Tequila’s sex tape. He denied involvement with other celebrities, including Charlie Sheen and Hulk Hogan.
Prosecutors then called as a witness Doug Daus, a forensic analyst with the district attorney’s office. Daus testified he conducted an analysis of two smartphones Cohen used.
Daus confirmed one of the phones had nearly 40,000 contacts saved on it, which he said was “unusual.”
Prosecutors then played a recording from September 2016, in which Trump can be heard discussing with Cohen over the phone how to pay McDougal for her story of their affair.
Daus is expected to resume his testimony Friday.
Trump was charged with falsifying business records to cover up the hush-money payments to McDougal and Daniels to suppress the news of the alleged affair with Daniels to protect his 2016 election campaign.
New York law makes it a felony to falsify business records to cover up another crime, like campaign finance or tax law.
Davidson testified Tuesday just ahead of the 2016 election he was hustling to get Cohen to wire the hush money to Daniels in return for her silence in the last days of the campaign.
Davidson testified that he thought Cohen was trying to “kick the can down the road until after the election.”
Trump denies breaking the law.
Prosecutors allege the money paid to Daniels was disguised as payments to Cohen for legal services, which constitutes falsification of business records under New York law.
Cohen pleaded guilty to his role in the scheme and served time. He also became a cooperating witness against Trump.
Since Cohen decided to cooperate with prosecutors to testify against Trump, Trump has publicly attacked Cohen as a liar. Cohen was convicted of lying to Congress.
But in a video clip played in court Tuesday Trump is shown saying “Michael Cohen is a very talented lawyer. He’s a good lawyer in my firm.” Dr. Robert Browning, executive director of C-Span archives, verified that the video showing Trump saying that was authentic,
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