Update - 2:00 pm Eastern:
The prosecution continued to question David Pecker regarding the Dino Sajudin story. Pecker testified that the story wasn't true, and ultimately, he broached releasing Sajudin from the exclusivity agreement.
The questioning then turned to model/actress Karen McDougal. Pecker testified that National Enquirer editor-in-chief Dylan Howard advised in June of 2016 that there was a Playboy model shopping a story regarding a year-long romantic relationship with Donald Trump.
According to Pecker, he was speaking with Trump attorney Michael Cohen almost daily at that point, and Cohen suggested they not use a landline to converse, but rather the Signal app.
Testimony has now concluded for Tuesday.
Update - 1:40 pm Eastern:
David Pecker's questioning by the prosecution continues. He was asked about American Media Inc. (AMI) business records. Pecker was asked about the "catch and kill" strategy as to a story floated by former doorman Dino Sajudin regarding an allegation that Trump had fathered a child. Pecker testified he contacted Cohen regarding the story.
The defense has raised several objections and Judge Merchan has instructed the attorneys to take those up at sidebar, outside the hearing of the jury.
Update - 1:00 pm Eastern:
After further testimony from David Pecker as to negative stories regarding 2016 presidential rivals Ted Cruz (R-TX) and Marco Rubio (R-FL), the questioning turned to discussions of Steve Bannon. This drew an objection from Trump's legal team on the basis that testimony regarding statements made by Bannon was hearsay. After a sidebar, the prosecution elected to move on.
A short break was taken. The jury is now back in the courtroom and Pecker is back on the stand.
Trump's lawyer Bove: This is eliciting hearsay from Steve Bannon, he's not alleged to be a co-conspirator in this case, there's no conspiracy charged in this case.
— Inner City Press (@innercitypress) April 23, 2024
Prosecutor: We're eliciting a verbal act: what Bannon asked Pecker to do
Update - 12:30 pm Eastern:
David Pecker's testimony continues. He's laid out the nature of his arrangement with former President Trump and his attorney, Michael Cohen, asserting that the National Enquirer would run stories favorable to Trump and unfavorable to his opponents. He also asserts there was an agreement to notify Cohen if a negative story regarding Trump came up. He maintains the purpose was to benefit the campaign.
Prosecutor: Did you believe it was helping you sell magazines?
— Inner City Press (@innercitypress) April 23, 2024
Pecker: Yes. And I needed help.
Prosecutor: Did you discuss this with anyone?
Pecker: Dylan Howard. I told him, let's keep this quiet.
Prosecutor: Why?
Pecker: Being a tabloid company, we had leaks
Update - 12:00 pm Eastern:
Former National Enquirer publisher David Pecker has been testifying. He described his relationship with Trump, saying he considered him a friend until at least 2017. He described Trump as very detail-oriented in business and very frugal.
Pecker testified that his contact with former Trump attorney Michael Cohen increased after Trump announced his candidacy. He testified that he attended a meeting at Trump Tower in August 2015, in which Trump and Cohen were present. He described Hope Hicks as being "in and out" of the meeting.
Update - 11:30 am Eastern:
The parties and judge are back in the courtroom following a break.
The jury has entered the courtroom.
Former National Enquirer publisher David Pecker has been called back to the stand to resume his testimony. He is being questioned by prosecutor Joshua Steinglass.
Update - 11:00 am Eastern:
Things got a little heated between Judge Juan Merchan and Trump attorney Todd Blanche, as the huge pressed Blanche on the meaning behind certain posts and which post or posts they were in response to. Merchan also noted that Trump's reposting of other posts is more than just a passive action, particularly when Trump included his own typing.
Trump's lawyer Blanche: Here's a post from Jesse Watters, saying the same thing -
— Inner City Press (@innercitypress) April 23, 2024
Justice Merchan: Three hours after your client posted what he posted. Anything else?
Blanche: We are trying to comply with this gag order
Justice Merchan: You are losing credibility
Regarding Michael Cohen, the judge stated that merely saying his name is not prohibited but making a connection to the trial is.
Judge Merchan is reserving his decision on the gag order violations.
The court took a short break, then will be back in session from 11:00 am until 2:00 pm. Court is concluding early Tuesday due to Passover.
Update - 10:30 am Eastern:
Amidst the hearing on the gag order, a man was arrested in the courthouse after arguing with officers over where he was sitting or standing in an overflow room.
The prosecution argues that any contention by Trump's legal team that Trump is merely responding to attacks is just an attempt to "muddy the waters." They are seeking the imposition of a $1,000 fine for each violation.
Trump's legal team is now arguing and pointing out that Trump is under political attack.
Trump's lawyer Blanche: Cohen responds politically.. Cohen wrote, Trump would never pardon him [Avenatti]
— Inner City Press (@innercitypress) April 23, 2024
Justice Merchan: You're saying that is political?
Blanche: Yes. Both talk about their desire for him not to be re-elected
Trump's attorney contends there is no willful violation of the gag order, that Trump's posts regarding Stormy Daniels and Michael Cohen were responses to their statements.
Update - 10:00 am Eastern:
The gag order hearing is underway. Prosecutors contend that Trump has violated the court's order 10 times in posts on Truth Social and his campaign website that "intimidate 'both the defendant's direct targets' and others who may be called to testify." They are asking the court to sanction Trump for each of the 10 violations.
In particular, the prosecution notes that Trump continues to go after his former attorney, Michael Cohen, who is expected to be a key witness for the prosecution, referring to Cohen as a "serial perjurer."
Prosecutor Chris Conroy is also pointing out to the court an instance where Trump quoted Fox News' Jesse Watters, who referred to jurors as "undercover Liberal Activists lying to the Judge."
Tuesday morning's proceedings in the Manhattan criminal trial of former President Donald Trump for alleged falsification of business records will begin with a hearing on the prosecution's motion to find Trump in violation of the court's gag order. That hearing is set to begin at 9:30 am Eastern.
The jury will be brought in at 11:00 am Eastern to begin the second day of the prosecution's presentation of evidence, with the former chairman of American Media Inc. (which publishes the National Enquirer), David Pecker, set to retake the stand and continue his testimony. The prosecution is relying on Pecker to help establish criminal intent on the part of Trump.
Stay tuned here as we bring you live updates of the day's developments in the case.
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