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Hope Hicks testifies at Donald Trump’s ‘hush money’ criminal trial

Donald Trump’s former campaign press secretary Hope Hicks became the first member of his White House inner circle to take the witness stand in his historic criminal trial.

Donald Trump again accused of ‘violating’ gag order

Donald Trump’s former campaign press secretary Hope Hicks became the first former member of the ex-president’s inner circle to take the witness stand in his historic criminal trial on Friday.

“I’m really nervous,” said Hicks as Trump, sitting just feet away, stared at her intently. And later, she became emotional and broke down in tears on the witness stand, and needing to take a break, before returning and giving details about her former boss’s relationship with his family.

Hicks was intimately involved with the final stages of Trump’s successful campaign for the White House when hush money payments to X-rated star Stormy Daniels were allegedly made.

Trump, 77, is charged with falsifying business records to reimburse his lawyer, Michael Cohen, for a US$130,000 payment to Daniels just days ahead of the 2016 election against Hillary Clinton.

It is understood that Hicks has not seen Trump since 2020.

Former US president Donald Trump attends his trial and on Friday “stared intently” at Hope Hicks as she gave testimony. Picture: AFP
Former US president Donald Trump attends his trial and on Friday “stared intently” at Hope Hicks as she gave testimony. Picture: AFP

“I reported to Mr Trump” during the 2016 campaign, Hicks told the court, describing him as “very involved.”

Hicks, 35, was asked about the now infamous Access Hollywood recording, released ahead of the 2016 election, of Trump boasting about how he would grab women by the p***y.

Hicks recalled getting an email from a Washington Post reporter about Trump’s lewd hot mic remarks, which threw his campaign into a panic.

Hicks recalled Trump being upset when he saw the tape, and saying the comments didn’t sound like him until he reviewed it directly.

She said Trump’s response was that “it didn’t sound like something he would say.”

There was consensus in the campaign that the tape was “damaging” and that this “was a crisis,” Hicks testified. Trump was involved with the campaign response to the tape, Hicks said.

Hicks was mentioned in earlier testimony by David Pecker, the former publisher of the National Enquirer tabloid which has been key to the prosecution’s case against Trump.

He said Hicks was present at a 2015 meeting at Trump Tower in New York at which he agreed to help Trump’s nascent campaign for the Republican nomination the following year.

Hicks said that she did not recall the encounter.

Hope Hicks smiles at then-US President Donald Trump. Hicks was the first of Trump’s inner circle to take the stand in his criminal trial. Picture: AFP
Hope Hicks smiles at then-US President Donald Trump. Hicks was the first of Trump’s inner circle to take the stand in his criminal trial. Picture: AFP

Hicks said she first heard about Karen McDougal when she got an email about the Wall Street Journal story as she was flying with Trump into Ohio for a rally, which described American Media Inc. buying McDougal’s story of an affair with Trump.

Hicks mentioned the email to Trump before his rally.

Hicks said the WSJ reporter told her over the phone that Stormy Daniels would be mentioned in the story about McDougal.

She told Trump and he “wanted to know the context, and he wanted to make sure that there was a denial of any kind of relationship,” Hicks said.

“I felt the point of the story was that the National Enquirer paid a woman for her story and never published it,” Hicks says.

“It wasn’t necessarily about accusations of, you know, certain behaviour,” she said.

She was “eventually” concerned about how the tape and stories could impact female voters’ opinions, Hicks added.

As Hicks’ testimony continued, Trump seemed more agitated and engaged with his attorneys with comments and facial expressions.

Trump did not react as Hicks walked past him as she exited the courtroom for lunch break. Defense attorney Todd Blanche was seen whispering in his ear.

In this file photo taken on March 29, 2018 US President Donald Trump points to former communications director Hope Hicks shortly before making his way to board Marine One on the South Lawn and departing from the White House. Picture: AFP
In this file photo taken on March 29, 2018 US President Donald Trump points to former communications director Hope Hicks shortly before making his way to board Marine One on the South Lawn and departing from the White House. Picture: AFP

Hicks was shown a copy of an email from reporter David Fahrenthold on October 7, 2016 featuring the inquiry from the Washington Post inviting the campaign to respond.

Hicks said she forwarded the email to senior campaign officials Jason Miller, David Bossie, Kellyanne Conway, and Steve Bannon as Trump was preparing for an upcoming presidential debate.

A transcript of the audio revealed Trump speaking with NBC host Billy Bush on a bus about his attempts to move on women and have sex with them.

Hicks said that Trump was “a little stunned” by the inquiry and they realised the campaign was in crisis.

“It’s hard to describe but it was definitely concerning. I had a good sense this was going to be a massive story,” Hicks said.

As cross-examination began, Hicks started to cry and was briefly excused, then returned to the stand and apologised.

She went on to say she felt she had Trump’s “respect” but that Michael Cohen went “rogue” during the campaign.

Questioned by Trump attorney Emil Bove, Hicks said Trump didn’t want the newspapers delivered on November 4, 2016, when the Wall Street Journal story on Karen McDougal came out.

“I don’t think he wanted anyone in his family to be hurt or embarrassed by anything that was happening on the campaign trail. He wanted them to be proud of him,” Hicks said.

“President Trump really values Mrs. Trump’s opinion, and she doesn’t weigh in all the time, but when she does it’s really meaningful to him and, you know, he really really respects what she has to say,” Hicks said.

After Hicks was excused and left the stand Trump nodded to her with a small smile as she passed the defense table.

Hope Hicks, former adviser to US President Donald Trump walking to Air Force One to depart Washington in 2020. On Friday she took the stand to testify in Trump’s criminal trial. Picture: Supplied
Hope Hicks, former adviser to US President Donald Trump walking to Air Force One to depart Washington in 2020. On Friday she took the stand to testify in Trump’s criminal trial. Picture: Supplied

The trial will continue next week, and is expected to carry on for the month.

Earlier on Friday former Trump defense attorney Bill Brennan told CNN that despite all the dramatic testimony so far, prosecutors have yet to tie wrongdoing to the former president.

“What we’ve heard so far is a lot of salacious conversations and sleazy deals between a disbarred lawyer who was known as the fixer, the [publisher] of a tabloid rag, and a lawyer that makes a living on the bottom selling non-disclosure agreements,” Brennan said, referring to Michael Cohen, David Pecker and Keith Davidson.

“The jury’s heard a lot of...soap opera testimony, but the prosecution has yet to tie it to this defendant,” Brennan said. “They’ve got to do that.”

Former US president Donald Trump attends his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City. Picture: AFP
Former US president Donald Trump attends his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City. Picture: AFP

On Thursday Trump lashed out on social media over reports he frequently closed his eyes in court.

“Contrary to the FAKE NEWS MEDIA, I don’t fall asleep during the Crooked D.A.’s Witch Hunt, especially not today,” he posted on his Truth Social account.

“I simply close my beautiful blue eyes, sometimes, listen intensely, and take it ALL in!!!”

Judge Juan Merchan held another gag order hearing on Thursday morning to consider the prosecution’s four additional allegations against Trumpd who again complained about having to attend his criminal hush money trial while speaking to reporters in the hallway ahead of the tenth day of the trial.

Prosecutors accused Trump on Thursday of “wilfully and knowingly” violating a gag order imposed by Judge Merchan who has already sanctioned the property mogul for defying his gag order on nine occasions, fining him US$9,000 on Tuesday and warning Trump he could face jail for continuing to lash out on social media.

Prosecutor Christopher Conroy urged the judge to fine Trump the maximum US$1,000 for each of four new violations of the gag order barring him from publicly attacking witnesses, jurors, court staff or their relatives.

“We are not yet seeking jail,” Conroy said. “The defendant thinks the rules should be different for him.

“The defendant has proven his willingness to say and do anything to disrupt this process.”

Conroy said “He’s already been found to have violated the court’s order nine times and he’s done it again here,” citing numerous new violations including Trump’s claim the jury was picked “so fast”; and comments where Trump spoke to the cameras outside the courtroom for almost nine minutes about Michael Cohen, a witness expected to testify later in trial.

Conroy said Trump’s “statements are corrosive to this proceeding and the fair administration of justice.”

Donald Trump (L) speaks to the media with lawyer Todd Blanche (R) at his trial. The prosecution says “he’s done it again” with more gag order violations pending. Picture: AFP
Donald Trump (L) speaks to the media with lawyer Todd Blanche (R) at his trial. The prosecution says “he’s done it again” with more gag order violations pending. Picture: AFP

Before and after each day’s proceedings, Trump has assailed journalists outside the courtroom, venting about his legal problems and other issues.

“He went to the press,” Judge Merchan said to Blanche. “Nobody forced your client to stand where he went that day.”

Judge Merchan’s original gag order “was issued because of the defendant’s persistent and escalating rhetoric” aimed at those involved in this trial.

Before going into court on Thursday, Trump denounced his trial as “election interference” and said the case “should never have been brought.”

For two weeks Trump has sat through hours of sometimes technical testimony, visibly irate with the no-nonsense judge, who has required him to be present every day. None of Trump’s family have attended the trial. Trump is the first former US president to face criminal charges.

Former US president Donald Trump is accused of falsifying business records to reimburse his lawyer, Michael Cohen, for hush money paid to porn star Stormy Daniels days ahead of the 2016 election against Hillary Clinton. Picture: AFP
Former US president Donald Trump is accused of falsifying business records to reimburse his lawyer, Michael Cohen, for hush money paid to porn star Stormy Daniels days ahead of the 2016 election against Hillary Clinton. Picture: AFP

Lawyer Keith Davidson, who helped negotiate the payment to Daniels, returned to the witness stand after the hearing about the gag order violations.

Prosecutor Joshua Steinglass had the court look at an email from Australian Dylan Howard, then-lead editor at the National Enquirer, to Davidson and Michael Cohen, who was then Trump’s personal lawyer.

The October 2016 email referenced the agreement, a change to reflect an updated name for a corporation to be used, and the “transfer of funds on Thursday AM to be held in escrow until receipt of agreement.”

The jury then were shown an email response from Michael Cohen at 6:47am on October 27, in which he asked Davidson to confirm “that the wire received today” would be held in the lawyer trust account.

Davidson: “I confirm that I will work in good faith & no funds shall be disbursed unless & until the plaintiff personally signs all necessary settlement paperwork.”

Davidson also wrote that the settlement documents would name the “correct corporation,” (Essential Consultants LLC), and that he would only release the funds to Stormy Daniels after Cohen confirmed he received the signed agreement from her via FedEx.

Messages between Davidson and Howard show them confirming payment in exchange for the confidential settlement agreement paperwork between Stormy Daniels and Trump whose pseudonyms were “David Dennison” and “Peggy Peterson.”

Davidson said he was paid US$10,000 for his role in the deal. He also said he texted Howard as the 2016 election results were coming in.

“What have we done?” Davidson says he texted Howard.

“Oh my god,” Howard responded, according to Davidson.

“What have we done?” Keith Davidson texted Dylan Howard. Picture: Supplied
“What have we done?” Keith Davidson texted Dylan Howard. Picture: Supplied
Dylan Howard texted back: “Oh my god” about helping Trump win 2016 election. Picture: Instagram
Dylan Howard texted back: “Oh my god” about helping Trump win 2016 election. Picture: Instagram

“There was sort of surprise among the broadcasters and others that Donald Trump was leading in the polls and that there was a growing sense that folks were about ready to call the election,” Davidson said.

“There was an understanding that … our activities may have in some way assisted the presidential campaign of Donald Trump,” he continued.

Davidson recalled a phone conversation with a despondent Michael Cohen in December.

“He said something to the effect of ‘Jesus Christ, can you f**king believe I’m not going to Washington after everything I’ve done for that f**king guy? I can’t believe I’m not going to Washington. I’ve saved that guy’s a** so many times, you don’t even know.’”

“That f**king guy is not even paying me the $130,000 back,” Davidson recalled Cohen telling him during the phone call.

Trump’s eyes remained closed while Davidson testified about his conversations with Cohen.

Michael Cohen allegedly texted “I’ve saved that guy’s a** so many times”, referring to Trump. Picture: AFP
Michael Cohen allegedly texted “I’ve saved that guy’s a** so many times”, referring to Trump. Picture: AFP

Davidson also described how he and Cohen handled a Wall Street Journal article about Daniels, and her “strong denial” statement about Trump.

“A denial of what?” Steinglass asked. “Everything,” Davidson said.

“Including the sexual encounter with Donald Trump?” Steinglass asked. “Yes,” Davidson said.

On February 13, Cohen texted Davidson an email address for Chris Cuomo, then a CNN news and current affairs anchor.

Davidson sent him a statement that the payment to Daniels “was in fact paid from [Cohen], not anyone else.”

Davidson confirmed there was “another statement” that was prepared for Stormy Daniels and released on January 30, 2018. “I am denying this affair because it never happened,” Daniels said in the statement.

Davidson says he wrote the statement while in the Marilyn Monroe suite at the Roosevelt Hotel in Los Angeles. He was there with Daniels, her publicist and hair and makeup artists where she was due to appear on “Jimmy Kimmel Live!”

When the court took a break, Trump was seen holding a stack of papers and exhaling heavily as he exited the courtroom.

The defense asked Davidson whether he ever spoke to Cohen about Stormy Daniels having “settler’s remorse” regarding the hush money deal she reached.

“I may have,” Davidson said.

Donald Trump walks into the court following a break during his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City. Picture: AFP
Donald Trump walks into the court following a break during his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City. Picture: AFP

The court heard after a brief break that the Stormy Daniels contract was not signed by Trump. “It’s blank here in the DD space?” Trump’s lawyer Emil Bove asked, referring to Trump’s pseudonym, ‘David Dennison.’

“Yes,” said Keith Davidson.

It was also revealed Davidson told Cohen if Trump lost the election, Daniels would lose her leverage against him.

Davidson told Cohen that Daniels wanted the money “more than you could ever imagine,” and that he said: “If he loses this election, and he’s going to lose, we all lose all f**king leverage.”

It was also revealed that Hustler magazine founder Larry Flynt offered US$1 million to Daniels to get out of her deal with Trump. Daniels wanted to get out of the settlement agreement in 2018 and Flynt offered her the money and payment of her legal costs to get out of the deal, Davidson said.

Originally published as Hope Hicks testifies at Donald Trump’s ‘hush money’ criminal trial

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Original URL: https://www.dailytelegraph.com.au/news/trump-trial-prosecutors-accuse-trump-of-more-violations-of-gag-order-seek-fines/news-story/7275b3e68898a17aeb9e6b8539d232de