Stormy Daniels ex-lawyer in the hot seat at Trump trial
Prosecutor urges judge to fine former president for four new violations of the gag order barring him from publicly attacking witnesses, jurors, court staff or their relatives.
The lawyer who negotiated a hush money payment from Donald Trump to porn star Stormy Daniels has been grilled by the former president’s counsel, who suggested his activities bordered on “extortion”.
Mr Trump, 77, is accused of falsifying business records to reimburse his lawyer, Michael Cohen, for a $US130,000 payment to Daniels just days ahead of the 2016 election against Hillary Clinton.
The trial, the first of an ex-president, resumed on Thursday after a day off, with prosecutors urging judge Juan Merchan to fine Mr Trump for more violations of a gag order he imposed to protect trial participants.
Judge Merchan, who threatened Mr Trump with jail time on Tuesday for further gag order violations, heard arguments from both sides but did not issue an immediate ruling.
Keith Davidson, Daniels’ ex- lawyer, then took the witness stand to continue his testimony as Mr Trump, dressed in a dark blue suit and bright yellow tie, sat flanked by his lawyers.
After prosecutors wrapped up their questioning, Mr Trump’s lawyers began their cross-examination of Mr Davidson, who also represented Playboy model Karen McDougal, who claimed to have had a year-long affair with Mr Trump.
David Pecker, the former publisher of the National Enquirer tabloid, testified last week that he purchased McDougal’s story for $US150,000 and then buried it, a scheme known in the industry as “catch and kill”.
Trump lawyer Emil Bove’s questioning of Mr Davidson quickly turned heated. “When you were negotiating on behalf of McDougal and Daniels one of your concerns was staying on the right side of the law with regard to extortion,” Mr Bove said.
“I suppose so,” Mr Davidson replied. “I did everything I could to make sure my activities were lawful.” Mr Bove asked Mr Davidson about his involvement in other cases where he “extracted” money from celebrities with something to hide, citing a settlement involving the Platoon star Charlie Sheen.
The Los Angeles lawyer objected to the use of the word “extract” in a testy exchange.
Mr Davidson acknowledged he was probed by federal and state investigators for alleged extortion while representing clients who had possession of a sex tape of the former professional wrestler Hulk Hogan. He did not end up facing any charges.
“I made a monetary demand,” said Mr Davidson, which would allow Hogan to acquire the tapes. “I made no threats to anyone.”
Prosecutors earlier walked Mr Davidson through the hush money negotiations with Mr Cohen and damage control efforts after media reports emerged in January 2018 about Daniels’ 2006 sexual encounter with Mr Trump.
Daniels issued a statement at the time denying ever having an “affair” with Mr Trump or receiving hush money from him. She has since said the statement was not true and she did have sex with him at a celebrity golf tournament in 2006.
“(Cohen) wanted her to deny the story to protect his client,” Mr Davidson said, and had threatened to “rain legal hell down” on Daniels.
Earlier on Thursday, prosecutor Christopher Conroy urged Judge Merchan to fine Mr Trump for four new violations of the gag order barring him from publicly attacking witnesses, jurors, court staff or their relatives.
Judge Merchan fined Mr Trump $US9000 ($13,695) earlier this week for violations of his gag order. Mr Conroy pointed to public comments Mr Trump has made about Mr Cohen, who has become a vocal critic of his former boss and is expected to be a star witness in the case.
“The defendant thinks the rules should be different for him,” Mr Conroy said. Todd Blanche, Mr Trump’s lawyer, complained that President Joe Biden had spoken about the trial but his client – Mr Biden’s likely November election rival – “can’t respond”. Judge Merchan said there was nothing in the gag order that limits what Mr Trump could say about Mr Biden.
AFP