LIVE UPDATES: Trump Manhattan Trial - Day 5

AP Photo/Yuki Iwamura

Update - 12:51 pm Eastern:

The first witness called by the prosecution was David Pecker, former publisher of the National Enquirer. Pecker allegedly brokered a deal with Stormy Daniels and killed a story about an affair between Donald Trump and Karen McDougal:

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According to court documents, an agent for Daniels contacted AMI in October 2016 and said she was willing to go public with her allegations of an affair with Trump. Pecker then allegedly contacted Cohen, who subsequently negotiated the deal, per court filings from Cohen’s plea agreement.

In a separate incident, AMI agreed to pay model and actress Karen McDougal $150,000 months before the 2016 election for her silence about an alleged affair with Trump. While this payment is not part of the charges against the former president, prosecutors are expected to use it to establish a pattern of such payments.

Pecker was granted immunity from prosecution in exchange for his grand jury testimony. Trump's attorneys say they didn't learn Pecker would be the first witness until 3 PM Eastern on Sunday afternoon.

According to CNN, Pecker didn't look at Trump when he entered the courtroom or when he testified, looking at the jurors instead. Here's a recap of his testimony:

  • Pecker told the jury about his role at National Enquirer’s parent company and said that any big stories involving celebrities had to go through him.
  • He said editors could spend up to $10,000 to investigate and publish a story, but anything more than that would have to be vetted and approved by him. 
  • Pecker also testified that he had a private email for things he didn’t want his assistant to see.
  • Remember: Pecker has been granted immunity in exchange for his testimony and the parent company, American Media Inc., signed a non-prosecution agreement with prosecutors.
  • During opening statements, prosecutor Matthew Colangelo focused on the case, telling the jury it is “about a criminal conspiracy and a cover-up.”
  • During his turn, Trump's attorney Todd Blanche told the jury, "President Trump is innocent” and that “none of this was a crime.” He said they will find “plenty of reasonable doubt” in the prosecution's case. 
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After the jurors were excused from the courtroom, Pecker left the stand. As he walked away, he smiled at Trump and said hello.

Prior to Pecker's testimony, Judge Merchan asked jurors if they would like to have writing materials so they can take notes throughout the trial. The jurors replied in the affirmative and were provided notepads, which will be collected by bailiffs at the end of each day and secured.

After the jurors left, the attorneys discussed issues related to Pecker's upcoming testimony. There will be a hearing on the gag order at 9:30 AM Tuesday, and the jurors return at 11 AM.

Update - 12:10 pm Eastern:

Trump's attorney, Todd Blanche, continued with his opening statement, contending that Michael Cohen is "obsessed" with Trump and that "His entire financial livelihood depends on President Trump’s destruction." When Blanche mentioned Cohen's perjuring himself at Trump's civil fraud trial, the prosecution objected and Judge Merchan sustained the objection.

Blanche wrapped the opening statement by encouraging the jurors to use their common sense

"Use your common sense. We’re New Yorkers. It’s why we’re here," Blanche said, adding "we trust you" to decide the case on the evidence.

"If you do that, there will be a very swift not guilty verdict."

Perhaps the key takeaway from the defense's position was that trying to influence an election is not a crime:

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The court took a brief recess after Blanche concluded his opening statement and has now reconvened with David Pecker being called to take the stand. 


Update - 11:43 am Eastern:

Prosecutor Matthew Colangelo laid out the payments to former Trump attorney Michael Cohen, contending that they were structured to look like income from legal fees, rather than reimbursements.

He concluded his opening statement by saying: 

At the end of the case, we are confident you will have no reasonable doubt that Donald Trump is guilty of falsifying business records with the intent to conceal an illegal conspiracy to undermine the integrity of a presidential election.

Defense counsel Todd Blanche is now presenting the opening statement on behalf of Trump. He maintains that Trump's payments to Cohen were "not a payback" and "not a crime," adding, "Ask yourself: would a frugal businessman who pinches pennies repay a $130,000 debt to the tune of $420,000?"


Update - 11:10 am Eastern:

Matthew Colangelo delivered the prosecution's opening statement. In it, he laid out the prosecution's theory of the case. 

In a 2015 meeting, Donald Trump, Michael Cohen and David Pecker, the ex-publisher of the National Enquirer, agreed that Pecker "would help the defendant's campaign," prosecutor Matthew Colangelo says in his opening statement.

The scheme was three-pronged. Colangelo said: Pecker agreed to help Trump kill negative stories on Trump, publish favorable stories about Trump and publish negative stories about Trump's political opponents.

They agreed that AMI, the parent company of the National Enquirer, would use the magazine to prevent harmful information from becoming public and publish flattering stories about Trump, Colangelo said. Silencing the harmful stories was the "core" of the conspiracy," he said.

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Colangelo outlined three separate "catch and kill" transactions: one involving a former doorman at Trump Tower, one involving Karen McDougal, and one involving Stormy Daniels. 

Colangelo contends "It was elections fraud, pure and simple."



Update - 10:27 am Eastern:

After Juror No. 9 expressed concerns about media attention, a discussion was held with the juror and attorneys. Judge Merchan determined the juror would remain on the panel. 

With the jurors not yet present in the courtroom, Judge Merchan outlined several of his rulings. He has reiterated his ruling that the "Access Hollywood" tape will not be played for the jury, though emails describing its contents will be allowed. 

Judge Merchan has also indicated that should he take the stand in his defense, Trump may be questioned about other legal proceedings involving him, including the New York civil fraud trial, the E. Jean Carroll civil verdicts, and the settlement reached with the New York Attorney General which resulted in the dissolution of the Donald J Trump Foundation. However, prosecutors will not be permitted to ask Trump about the 2022 fraud conviction of the Trump Organization nor of the dismissed civil action filed by Trump against Hillary Clinton in which Trump was sanctioned for filing a frivolous claim. 

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The jurors were then brought in and given preliminary instructions. 


Update - 9:38 am Eastern:

Prosecutors have indicated they expect their opening statement to take 40 minutes. Trump's legal team anticipates theirs taking 25 minutes. Court will now recess at 12:30 pm Eastern Monday as an alternate has a dentist appointment. 



With jury selection complete on Friday, the Manhattan criminal trial of former President Donald Trump moves into the next phase Monday morning, beginning with opening statements. Proceedings will get underway at 9:30 am Eastern and are expected to adjourn at 2:00 pm Eastern, as it is Passover. 

Following the presentation of opening statements, the prosecution will begin presenting its evidence. The first witness the prosecution is expected to call is David Pecker, former publisher of the National Enquirer. 

The former publisher of the National Enquirer allegedly helped broker a deal with Stormy Daniels and arranged to “catch and kill” a story about an affair between Donald Trump and Karen McDougal. Pecker has been granted immunity in the federal investigation in exchange for his testimony before a grand jury.

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George Washington University Law Professor Jonathan Turley shared some observations regarding the prosecution's apparent strategy on X Monday morning:

The fact that Bragg is starting with David Pecker to discuss an affair not directly involved in the alleged crimes is telling. With a dubious criminal theory, defuse facts, and delayed charges, the case will focus on a different alleged affair and hush money payment...

.....It is reminiscent of the old story about a man who comes upon another man in the dark looking for his wedding ring. Sympathetic, the man joined the stranger on his knees and looked for almost an hour until he asked if the man was sure that he dropped it here. “Oh, no,” the stranger admitted, “I lost it across the street but the light is better here.”

Stay tuned here as we bring you live updates of the day's developments in the case.

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