Donald Trump trial day 5 recap: Lawyers make opening plays in sweeping hush money case
Editor's note: This page recaps the news from Donald Trump's criminal trial for Monday, April 22. For the latest news from Trump's hush money trial, keep up with live updates from the courtroom on Tuesday, April 23.
NEW YORK — The heart of former President Donald Trump's New York hush money trial, overseen by Judge Juan Merchan, kicked off on Monday with opening statements and witness testimony.
Matthew Colangelo delivered the opening argument for the prosecution, alleging that the former president's actions were "election fraud, pure and simple." Trump's attorney, Todd Blanche, criticized accounts from Trump's former lawyer Michael Cohen and porn star Stormy Daniels, telling the jury "There's nothing wrong with trying to influence an election."
Jurors are deciding whether Trump falsified business records to cover up a hush money payment from Cohen to Daniels.
Trump authorized the payment in order to keep Daniels from hurting his 2016 presidential campaign by going public with her story that the pair had sex, according to the prosecutors. Trump denies Daniels' claim and has pleaded not guilty.
David Pecker, the former head of the National Enquirer’s parent company, was the first witness called to the stand in the case. He's expected to face further questions about how the company routinely paid for scandalous stories that it didn’t publish, under what others called a “catch-and-kill” strategy.
Catch up with USA TODAY's live updates from inside and outside the Manhattan courthouse:
Donald Trump insists payments were ‘legal expense’ rather than attempt to affect 2016 campaign
After a morning of opening arguments by prosecutors and defense lawyers in Donald Trump’s hush money trial, the former president gave his own eight-minute summary to reporters in the hallway outside the courtroom.
Trump is charged with falsifying business records to pay hush money to silence women before the 2016 election. But he insisted that his payments to his former lawyer, Michael Cohen, were correctly marked as legal expenses rather than what prosecutors contend were a reimbursement for the $130,000 paid to porn actress Stormy Daniels.
Trump said Cohen was imprisoned for other charges dealing with taxi medallions and tax fraud. But Cohen also pleaded guilty to a campaign finance violation for the payment to Daniels. Trump repeated that Manhattan District Attorney Alvin Bragg’s predecessor and federal prosecutors investigated him and declined to prosecute.
“This is what I got indicted for?” Trump asked. “It’s very unfair.
– Bart Jansen
Donald Trump exits courtroom after day 5 of hush money trial
Donald Trump exited the courtroom at 12:43 p.m. ET. Proceedings will resume Tuesday with arguments over whether Trump has violated Judge Juan Merchan's gag order.
Those will be held in the morning outside the presence of the jury. Jurors have been instructed that proceedings involving them will start at 11:30 a.m. ET on Tuesday, and will end at 2 p.m. ET in light of the Passover holiday.
– Aysha Bagchi
What is ‘catch-and-kill’?
The National Enquirer, a tabloid, routinely paid sources for stories and sometimes refused to publish them, under what prosecutors and witnesses in the Donald Trump hush money trial called a “catch-and-kill” strategy.
The publication’s parent company, American Media Inc., denied a catch-and-kill policy after The Wall Street Journal revealed a $150,000 payment to Karen McDougal, a former Playboy model who claimed a year-long affair with Trump, without ever publishing the story.
But instead, the company put her picture on a couple of magazine covers and had her write a few fitness columns.
AMI later acknowledged spending more than was routine to block McDougal’s story because the company expected to be reimbursed by Trump. The silencing of derogatory stories before the 2016 election is at the heart of Manhattan District Attorney Alvin Bragg’s charges against Trump that he falsified business records to pay hush money.
– Bart Jansen
Lawyers, Judge Juan Merchan talk over lingering trial issues
Although jurors have left for the day, lawyers and the judge are continuing to discuss trial issues, including instructions the judge should give when lawyers introduce newspaper articles later in trial. Trump lawyer Emil Bove also raised concerns about "hearsay" coming into trial that's tied to Dylan Howard, a former editor of The National Enquirer who is unable to travel and come to the trial, according to earlier testimony.
"Hearsay" is a technical legal term referring to statements that were made outside a courtroom but are introduced in court in order to prove the truth of what was said. Such statements are prohibited unless they fall into specific exceptions.
– Aysha Bagchi
Jurors excused for rest of day
Judge Juan Merchan said proceedings would need to wrap up for the rest of the day. He earlier said they would need to end by 12:30 p.m. ET for an alternate juror's emergency appointment over a toothache. The jurors have exited the courtroom. The lawyers have approached Merchan's bench for a private conversation.
– Aysha Bagchi
Prosecutor asks Pecker about former National Enquirer editor, 'juicy stories'
Prosecutor Joshua Steinglass asked Pecker about Dylan Howard, who was once the editor of The National Enquirer. Howard now lives in Australia and has a health condition that prevents him from traveling, to the best of Pecker's knowledge, Pecker said. Pecker confirmed Howard would run "juicy stories" by Pecker.
– Aysha Bagchi
Donald Trump listening intently to David Pecker testimony
Donald Trump has his arms on the table in front of him and is leaning his body forward slightly as he faces David Pecker directly.
– Aysha Bagchi
Why is David Pecker tied to Donald Trump's hush money case? Publisher says he had 'final say' as former head of tabloid publisher
Pecker is describing his responsibilities when he was chairman, president, and CEO of American Media Inc. or "AMI," which owns The National Enquirer and other publications. He worked there from 1999 to 2020.
Pecker described having say over what would get published, including approving expenditures. He confirmed prosecutor Joshua Steinglass' statement that he would have "final say" over whether to publish an article involving a famous person.
– Aysha Bagchi
David Pecker called to the stand
We have gotten our first witness in the case: David Pecker, a tabloid publisher. Prosecutors have alleged Pecker was a key member of a "catch-and-kill" conspiracy involving Donald Trump to prevent stories that could hurt his 2016 presidential campaign from becoming public.
– Aysha Bagchi
Donald Trump returns to courtroom
Donald Trump returned to the courtroom at 12:01 p.m. ET, trailed by members of his defense team. Judge Juan Merchan just asked for jurors to be brought into the courtroom.
– Aysha Bagchi
Judge Juan Merchan enters courtroom
Juan Merchan re-entered the courtroom at about noon ET. Prosecutors are also in the courtroom. We are waiting for Trump and his defense team to return.
– Aysha Bagchi
Trump leaves the courtroom
Trump exited the courtroom at about 11:50 a.m. ET for a short break in proceedings.
– Aysha Bagchi
Trump lawyer ends opening statement
Trump lawyer Todd Blanche ended his opening statement by telling the jurors to "use your common sense." He added: "We're New Yorkers."
Blanche reminded jurors they promised to put aside any views they have about Trump and decide the case based on the evidence presented in the trial. If they do that, there will be a "very swift" not guilty verdict for Trump, Blanche claimed.
– Aysha Bagchi
Trump lawyer and prosecutors argue over Cohen's alleged lies
Trump lawyer Todd Blanche began telling jurors that Michael Cohen has lied multiple times under oath. But prosecutors objected and there was just a private conversation at the judge's bench. "The objection is sustained," Judge Juan Merchan said.
Blanche then told jurors they will learn Cohen has pleaded guilty to lying under oath. There was no objection – Merchan appears to be allowing that statement to the jurors.
Cohen pleaded guilty to lying to Congress in 2018.
– Aysha Bagchi
Michael Cohen 'has a goal, an obsession, with getting Trump,' lawyer for Trump says
Todd Blanche in his opening statement has been focusing on Michael Cohen, a potentially key witness for prosecutors.
Michael Cohen "has misrepresented key conversations, where the only witness who was present for the conversation was Mr. Cohen and allegedly President Trump," Blanche told the jurors.
"He has a goal, an obsession, with getting Trump, and you're going to hear that," Blanche added. "I submit to you that he cannot be trusted."
– Aysha Bagchi
Trump's lawyer says Stormy Daniels' claims are "false" in dramatic moment
Whether Stormy Daniels and Donald Trump actually had sex may be beside the point in this case, which deals with whether Trump falsified business records to cover up an attempt to unlawfully interfere with the 2016 election through the hush money payment to Daniels.
But Trump lawyer Todd Blanche still took his time in emphasizing Trump denies Daniels' claim. Paying Daniels for her agreement to not publicly spread "false – false – claims" about Trump isn't illegal, Blanche told the jurors.
– Aysha Bagchi
Trump lawyer: 'There's nothing wrong with trying to influence an election. It's called democracy.'
"There's nothing wrong with trying to influence an election. It's called democracy," Trump lawyer Todd Blanche told the jurors. Blanche added that prosecutors have put a "sinister" spin on this, as if it's a crime, but jurors will learn it's not.
– Aysha Bagchi
Defense lawyer denies Donald Trump was reimbursing Michael Cohen for Stormy Daniels hush money
Donald Trump's defense is beginning to take shape. Trump lawyer Todd Blanche said a series of payments Trump sent to Michael Cohen weren't payback for Cohen paying porn star Stormy Daniels hush money.
That contradicts prosecutors, who say they were reimbursement payments. Blanche said Cohen was Trump's personal attorney. According to prosecutors, Trump falsely labeled his checks to Cohen as being for legal services.
– Aysha Bagchi
Trump is now looking over in direction of jurors and lawyer
Donald Trump largely looked forward as prosecutor Matthew Colangelo delivered an opening statement to Trump's right, in the direction of the jurors who are also to Trump's right.
Now that Trump lawyer Todd Blanche is addressing jurors, the presumptive Republican presidential nominee has turned his body and face toward his right, facing the jurors often and sometimes turning his head to see Blanche, who is standing both to Trump's right and slightly behind him.
– Aysha Bagchi
'He's a husband. He's a father. He's a person': Trump lawyer addresses jurors
Trump lawyer Todd Blanche said his team will refer to Trump as "President Trump" throughout the trial out of respect for the office he held. Blanche added about his client: "He's also a man. He's a husband. He's a father. He's a person, just like you and just like me."
– Aysha Bagchi
'President Trump is innocent': Trump lawyer begins opening statement
"President Trump is innocent," Trump's defense lawyer said to begin his opening statement on behalf of the former president.
– Aysha Bagchi
Prosecution ends opening statement in Trump hush money case
Prosecutor Matthew Colangelo ended his opening statement by alleging Donald Trump is guilty of 34 counts of falsifying business records.
– Aysha Bagchi
Michael Cohen's testimony will be 'backed up by Donald Trump's own words,' prosecutor says
Prosecutor Matthew Colangelo told jurors Michael Cohen's testimony in the trial will be backed up by a paper trail that includes phone logs and business documents. It will be "backed up by Donald Trump's own words on tape, in social media posts, in his own books, and in video of his own speeches," Colangelo added.
– Aysha Bagchi
Will the jury be sequestered in the Trump trial?
No. While Merchan has cautioned the media to refrain from reporting on some personally identifiable attributes of jurors, he has not decided to sequester the jury.
During Trump's defamation trial earlier this year, the jury was sequestered from the public during breaks and transported to the courthouse by the U.S. Marshals Service, according to the Associated Press.
– Kinsey Crowley
Trump not looking at prosecutor during prosecutor's opening
Prosecutor Matthew Colangelo is standing at a lectern to the right and slightly behind former President Donald Trump. The lectern is facing the jurors on the right side of the courtroom. Trump has been looking forward through most of the statement, rather than at Colangelo or the jury.
Trump has a screen in front of him that shows live video feeds of the proceedings from different vantage points. He has shaken his head at least once so far during the prosecution's opening. He has also leaned over to communicate with his lawyer, Todd Blanche, at least twice.
– Aysha Bagchi
Prosecutor: 'It was election fraud, pure and simple.'
Prosecutor Matthew Colangelo described the alleged scheme to buy porn star Stormy Daniels' story for $130,000 in order to keep it from American voters: "It was election fraud, pure and simple," Colangelo alleged.
– Aysha Bagchi
Prosecutors describe flurries of calls surrounding release of scandalous stories
Years before Donald Trump’s trial, FBI investigators uncovered flurries of calls between his personal lawyer, Michael Cohen, and National Enquirer executives when scandalous stories were breaking.
One cluster of calls happened Oct. 8, 2016, the day after The Washington Post released the now-infamous "Access Hollywood" tape, while negotiations were under way to buy the silence of porn actress Stormy Daniels.
Cohen called David Pecker, CEO of the National Enquirer’s parent company, briefly at 7:39 p.m. and again four minutes later. Then Cohen got a call from Dylan Howard, the company’s chief content officer. After conferring with a Trump spokesperson, Cohen got a call from Pecker and then called Trump. Cohen got two more calls from Howard at 8:39 p.m. and 8:57 p.m.
Another group of calls erupted Nov. 4, 2016, before The Wall Street Journal reported the National Enquirer paid Karen McDougal, a former Playboy model, for her story about the affair and never published it.
– Bart Jansen
Jurors hear Stormy Daniels' story of affair with Donald Trump
Prosecutor Matthew Colangelo is now describing to jurors the effort to buy the rights to porn star Stormy Daniels' story of an affair with Trump (Trump denies her story).
Cohen sent a $130,000 payment to Daniels' lawyer to kill the story before the 2016 election, Colangelo says. "Cohen made that payment at Donald Trump's direction and for his benefit," he tells the jurors.
– Aysha Bagchi
Donald Trump asks 'So what do we gotta pay for this, 150?' on tape, prosecutor says
Prosecutor Matthew Colangelo told jurors about a recorded conversation in which Cohen and Trump are discussing McDougal's story. He said the jurors will hear Trump in his own voice on the tape saying, "So what do we gotta pay for this, 150?"
Cohen recorded the conversation to show David Pecker that Trump planned to pay him back for buying McDougal's story, Colangelo said.
– Aysha Bagchi
Playboy model's catch-and-kill story
Prosecutor Matthew Colangelo is describing a "catch-and-kill" effort to secure the story of former Playboy model Karen McDougal, who said she had an affair with Trump – a claim Trump denies.
Pecker agreed to have his company pay McDougal $150,000 to keep her quiet. The core reason for the payment was to keep the story from hurting Trump's presidential campaign, Colangelo said.
– Aysha Bagchi
Who is Matthew Colangelo, the prosecutor starting off opening arguments?
Matthew Colangelo, who is starting off the prosecution’s opening arguments, joined the Manhattan District Attorney’s Office in December 2022 after serving as a senior official at the Justice Department in Washington.
Colangelo, who was the former acting Associate Attorney General at DOJ, specialized in housing & tenant protection, labor & worker protection and white-collar investigations at the DA’s office.
“Matthew Colangelo brings a wealth of economic justice experience combined with complex white-collar investigations, and he has the sound judgment and integrity needed to pursue justice against powerful people and institutions when they abuse their power,” DA Alvin Bragg said at the time.
– Josh Meyer
Prosecutor describes three-pronged conspiracy to interfere with 2016 election
Prosecutor Matthew Colangelo described to jurors a meeting between Donald Trump, his former lawyer Michael Cohen, and a tabloid publisher, David Pecker. The three agreed to a three-pronged conspiracy to interfere with the 2016 presidential election, Colangelo said:
- Pecker would be the campaign's "eyes and ears," reporting potentially harmful information to Cohen, who would work to keep it quiet. Colangelo described this as the "core" of the conspiracy.
- Pecker would publish flattering stories about Trump.
- Pecker would use his publications to attack Trump's political opponents.
– Aysha Bagchi
'This case is about a criminal conspiracy and a cover-up': Opening statements begin in Trump's hush money trial
"This case is about a criminal conspiracy and a cover-up," said Matthew Colangelo, in beginning his opening statement for the prosecution.
Colangelo continued by telling jurors that Trump orchestrated a criminal scheme to interfere with the 2016 presidential election, and covered it up by lying in his New York business records "over and over and over again."
– Aysha Bagchi
If Trump testifies, prosecutors can inform jurors of Trump civil fraud case, E. Jean Carroll defamation trial
Before jurors entered the courtroom, Judge Juan Merchan said that, should Trump testify, prosecutors would be able to inform jurors that Trump was found liable for violating state law by fraudulently inflating the value of his assets. That determination ties to his civil fraud case, in which Trump is appealing a $454 million judgment against him.
Merchan also said prosecutors could inform jurors that Trump was found liable for defaming New York writer E. Jean Carroll, even though Merchan didn't indicate they can inform jurors about Trump's liability for sexually abusing Carroll.
Merchan also said prosecutors can inform jurors that Trump was found to have violated a gag order twice in his civil fraud case. And prosecutors will be allowed to inform jurors of an agreement that the Trump Foundation would be dissolved as a result of an investigation into self-dealing transactions.
If Trump testifies and prosecutors seek to introduce those determinations, jurors will be instructed to only consider the determinations when it comes to evaluating Trump's credibility.
– Aysha Bagchi
Jurors not permitted to speak to others about the case
Judge Juan Merchan instructed the jurors that they are not permitted to speak with others about the case because only they are authorized to decide the case.
– Aysha Bagchi
Jurors instructed on how to approach deliberations at end of trial
Judge Juan Merchan is giving jurors extensive instructions on the trial and their role within it. He tells them not to be influenced by stereotypes or implicit biases, including when it comes to political affiliation.
– Aysha Bagchi
Who is Stormy Daniels?
Stormy Daniels, born Stephanie Clifford, is an adult film star.
Daniels claims she had an affair with Trump in 2006, months after Melania Trump gave birth to Barron Trump. Michael Cohen paid her $130,000 to stay quiet about the alleged affair ahead of the 2016 presidential election.
Daniels sued to cancel the non-disclosure agreement signed 11 days before the election, which was dismissed in 2020 She also sued Trump for defamation in 2018 over some of his tweets, but that lawsuit was also thrown out.
– Kinsey Crowley
What is Trump on trial for?
Trump has pleaded not guilty to charges that he falsified business records to cover up a hush money payment to porn star Stormy Daniels that was designed to unlawfully interfere in the 2016 presidential election.
The payment was made by former Trump lawyer Michael Cohen and violated federal campaign finance laws, according to prosecutors. They say Trump authorized the payment to help his presidential campaign, and falsified records to cover up the checks he sent to reimburse Cohen for the hush money.
– Aysha Bagchi
Will the Trump trial be televised or live streamed?
No.
New York court rules state that audio-visual coverage of trials is not permitted unless a representative of the news media submits an application and the judge allows it, which has not happened for this trial.
– Kinsey Crowley & Aysha Bagchi
Judge indicates prosecutors can't tell jurors about E. Jean Carroll sexual abuse case
Before the jurors entered, Judge Juan Merchan ruled that prosecutors will be able to inform jurors of six legal determinations against Trump if he chooses to testify. However, Merchan didn't mention a jury's determination in a civil case that Trump sexually abused New York writer E. Jean Carroll, indicating that determination won't be allowed in the criminal case. Trump denies Carroll's claim.
– Aysha Bagchi
Jurors enter the courtroom
The jurors entered the courtroom at about 9:55 a.m. ET. Judge Merchan is instructing them on how things will unfold, including his plan to give them introductory instructions that will last about 30 minutes.
– Aysha Bagchi
Trump Media stock price
At open on April 22, Trump Media & Technology Group Corp share price fell to $35, down 3.79% from previous close
– Kinsey Crowley
Donald Trump attacks officials over hush money trial without offering proof
Donald Trump sharply criticized the Manhattan District Attorney’s Office on Monday morning as opening arguments were set to get underway, telling reporters that the hush money case against him amounts to unfair election “interference.”
“Everybody knows it,” Trump said outside of court, claiming that the trial is preventing him from being on the campaign trail.”
“Fortunately, the poll numbers are very good. They've been going up because people understand what's going on. It's a witch hunt and it's a shame. And it comes out of Washington,” Trump said, without offering any proof.
There is no indication that anyone in Washington, including the Biden administration, has played any role in the first criminal prosecution of Trump on charges of paying hush money to two women just before the 2016 election who claimed to have had sex with him.
– Josh Meyer
Who is Judge Juan Merchan? What to know as Donald Trump's hush money trial continues
Judge Juan Merchan is presiding over the first criminal trial of a former president in U.S. history. Donald Trump has been charged with 34 counts of falsifying business records to cover up the hush money payments issued to Stormy Daniels.
Merchan has been a felony judge for 15 years.
Before that, Merchan served as an assistant attorney general for Nassau County, on suburban Long Island, and in the Manhattan district attorney’s office for five years.
He received his bachelor’s degree is from Baruch College and his law degree is from Hofstra University.
– Kinsey Crowley and Bart Jansen
Juror #9 will remain in trial despite expressing concern over media
Judge Merchan announced that Juror #9, who expressed concern about continuing due to media attention, will remain in the trial. Merchan just met with the juror outside the courtroom.– Aysha Bagchi
Juror expressed concern about continuing due to media attention
A juror called the court expressing concern about attending the trial due to media attention, but the juror is here today, Judge Juan Merchan said. Merchan and members from each legal team are currently meeting with the juror outside the courtroom.
– Aysha Bagchi
Court to end early at 12:30 p.m. ET due to alternate juror toothache
Judge Merchan announced court will be ending at 12:30 p.m. ET today because an alternate juror needs to get to an emergency appointment due to a toothache. Court was already scheduled to end early at 2 p.m. ET today and tomorrow for the Passover holiday.
– Aysha Bagchi
Judge Merchan enters the courtroom
Judge Juan Merchan entered the courtroom at 9:31 a.m. ET.
– Aysha Bagchi
Trump enters the courtroom
Former President Donald Trump entered the courtroom at 9:26 a.m. ET.– Aysha Bagchi
What happens if Trump is found guilty? Will he go to prison?
If Donald Trump is convicted on all counts in his New York criminal hush money trial that started last week, he could theoretically face more than a decade in prison.
But most legal experts who spoke to USA TODAY said such a dramatic outcome is unlikely. Instead, he would likely be sentenced to something between probation and four years in prison.
And he would probably still be out, free to campaign for president as the presumptive or actual 2024 Republican nominee, while his all-but-certain appeal was pending.
– Aysha Bagchi
Donald Trump enters NY courthouse
Donald Trump has entered the Manhattan courthouse as the second week of his hush money trial begins
– Bart Jansen
What is hush money?
Hush money is a wide-ranging term used to refer to paying someone to not speak publicly about an issue. It's not necessarily illegal, so why is Donald Trump in court over a hush money case?
The former president isn’t actually charged with making a $130,000 payment to porn actress Stormy Daniels in exchange for a non-disclosure agreement. Instead, he's accused of falsifying business records to hide the payment.
Manhattan District Attorney Alvin Bragg described the payments to Daniels and another woman, former Playboy model Karen McDougal, as part of a “catch-and-kill” strategy to prevent the women from telling their stories. But the criminal charges are that Trump falsified his company’s business records to conceal the payments.
– Bart Jansen
Who are Donald Trump's lawyers?
Trump's defense team is led by Todd Blanche and Susan Necheles.
Blanche was a federal prosecutor for nine years in the Southern District of New York, which includes Manhattan. As a prominent white-collar defense lawyer he has defended Trump advisor Boris Epshteyn and Trump’s former campaign chairman, Paul Manafort.
Necheles is ranked among the top criminal defense lawyers in New York by the legal rating and head-hunting firm Chambers and Partners. She was also a former counsel to Venero Mangano, the former Genovese crime family underboss known as Benny Eggs..
– Josh Meyer
Is the Trump trial being televised?
No, the trial won't be televised or available to watch online or aired on TV.
New York court rules state that audio-visual coverage of trials is not permitted unless a representative of the news media submits an application and the judge allows it.
Records show an application was submitted to cover the arraignment, but not the trial. Judge Juan Merchan rejected the request to televise the arraignment.
– Kinsey Crowley and Aysha Bagchi
Who is Karen McDougal?
Karen McDougal indirectly received a hush money payment in 2016 after claiming to have an affair with Donald Trump. Cohen funneled the money through the National Enquirer under a "catch and kill" approach, paying the tabloid to buy rights to her story and prevent her from telling anyone else about it.
The National Enquirer, owned by American Media Inc., was fined $187,500 by the Federal Election Commission for paying McDougal $150,000 for exclusive rights to her story with the intent of influencing the election. McDougal also sued the company. She has since spoken out about her affair with Trump, saying it lasted for 10 months starting in 2006.
– Kinsey Crowley
How long will Trump's trial last?
Donald Trump's hush money trial that begins Monday in Manhattan could last as long as eight weeks.
It is the first time a former president has been criminally charged, although Trump has now also been charged in three other criminal cases in other jurisdictions for attempting to overturn the 2020 election and hoarding classified documents after leaving office.
In New York, the presumptive Republican presidential nominee faces 34 felony counts of falsifying business records for allegedly disguising hush money payments issued to porn star Stormy Daniels. He has pleaded not guilty.
– Aysha Bagchi and Kinsey Crowley
What time does trial start today?
Proceedings in Donald Trump's hush money trial are expected to begin at 9:30 a.m. local time in New York.
– Marina Pitofsky
Who is David Pecker? Here's what to know about the first witness in Donald Trump's trial
David Pecker, the former head of the National Enquirer’s parent company, is expected to be the first witness in Donald Trump’s hush money trial about how the company routinely paid for scandalous stories that it didn’t publish, under what others called a “catch-and-kill” strategy.
Pecker was president and CEO of American Media Inc. (AMI) in August 2015, when he met with Trump and his personal lawyer, Michael Cohen, to “help deal with negative stories about Trump” by purchasing them and not publishing them, according to a Federal Election Commission agreement with the company.
After a lawyer for Karen McDougal, a former Playboy model who claimed an affair with Trump, contacted the company, Pecker and Dylan Howard, the company’s vice president and chief content officer, notified Cohen, according to the FEC agreement.
In August 2016, the company McDougal $150,000 for her life story, including about any relationship with “any then-married man” and then didn’t publish the story, according to the FEC agreement.
– Bart Jansen
Wonder what it would be like to watch the Trump trial? Graphics take you inside courtroom.
Opening statements are expected to start at 9:30 a.m. today at Donald Trump's criminal trial. The former president ffaces 34 counts of falsifying business records in connection with a payment of $130,000 in hush money to an adult film actress ahead of his 2016 presidential campaign.
But where is the trial? Who are the key players? Go deeper with USA TODAY's graphics team:
More:Wonder what it would be like to watch the Trump trial? Graphics take you inside courtroom.
Trump's $175 million appeal bond under scrutiny
While the hush money trial is underway Monday morning, Judge Arthur Engoron will be hearing arguments in a courthouse next door over whether Trump's $175 million appeal bond passes muster in his New York civil fraud case.
The bond, if accepted by Engoron, will prevent New York Attorney General Letitia James from seizing Trump's assets while his appeal over the $454 million judgment against him is pending. James is arguing that Trump hasn't demonstrated he provided enough collateral to truly back up the bond, which was provided by Knight Specialty Insurance Company.
The Knight company is owned by self-proclaimed Trump supporter and California billionaire Don Hankey.
An appeal bond functions as a guarantee that a judgment will be paid once the appeal is over, at least in the amount of the bond. A New York appeals court allowed Trump and his co-defendants to post just $175 million, instead of the full $464 million judgment they face – all but $10 million of which Trump faces personally.
– Aysha Bagchi