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Stormy Weather TFG on Criminal Trial in NYC

News and commentary on trials, the law, and expert opinions about legal systems
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Re: Stormy Weather TFG on Criminal Trial in NYC

#121

Post by ti-amie »

Adam Klasfeld
@KlasfeldReports
·
6h
Judge: "Next witness, please."

"The People call Stormy Daniels."

Daniels broadly smiles as she enters the courtroom, before quickly changing to a serious expression.

Assistant DA Susan Hoffinger begins direct examination.

Daniels confirms her birth name is Stephanie Clifford, but she says she prefers to go by the name Stormy.

She describes her upbringing.

Daniels seems to be firing off details about her life and education very quickly, her voice slightly shaky.

Hoffinger: "May I ask you to slow down just a little bit."

Daniels says that she was 23 years old when she got her first adult film contract with Wicked Pictures.

Daniels:

"I was one of the youngest — if not the youngest adult — feature director."

She rattles off her awards as a director.

She is racing through her testimony — speaking much faster than in the Michael Avenatti trial, as I recall.



(...)

Adam Klasfeld
@KlasfeldReports
·
6h
Daniels recalls meeting at a golf tournament in Lake Tahoe.

"He did a lot of cameos and things like that," Daniels says, adding she was 27 at the time. Trump, she says, was older than her father.

Daniels, pointing in the former president's direction, identifies Trump sitting at the defense table.



Exhibit: Schiller's contact information on Stormy Daniels' phone.

The witness authenticates the exhibit.

Schiller's contact info was entered on her phone as "Keith Trump."

"I didn't know his last name. I just knew who he worked for," Daniels says.

Daniels says a publicist made her reconsider her position of "F no" to dinner with Trump:

"It will make a great story," the publicist said, according to Daniels. "He's a business guy. What could possibly go wrong?" (laughs)

She adds those were actually his words.

Hoffinger reminds Daniels, maybe for the third time, to slow down for the court reporter.

She is speaking marginally slower now.

Daniels recalls visiting Trump's hotel suite, where he was wearing a Hefner-esque robe.

"I told him to go change, and he obliged, very politely," she says.

She adds that he quickly came back in a dress shirt. The room, she says, was "three times the size of my apartment."

Another reminder from the prosecutor for Daniels to slow down for the court reporter.

Daniels:

"He asked how I got involved in the adult entertainment business."

She says she had to correct the "misconception" that adult films don't have plots — and they're all cheap lines about the pizza boy.

Then, she recalls being surprised by Trump's perceptive business questions.

Some of those: Are there any unions? Do you get residuals? Do you get health insurance? Do you get tested for STDs? Is there a doctor on staff?

Daniels: "These were very thought-out business questions."

This leads to an extensive back-and-forth about STD testing and other safety precautions, and Daniels discloses that condoms were always a must, even with her husband — even though she's "allergic" to latex, she says.

Daniels testifies that Trump told her that he and his wife don't sleep in the same room, sparking an audible response in the gallery of the coutroom.

Daniels recounts her famous story about spanking Trump with a rolled up magazine, swirling the imaginary mag above her head on the witness stand.

Q: Where did you swat him?
A: Right on the butt.

A little earlier:

Justice Merchan joined the prosecutor in reminding Daniels to slow down.

She seems more nervous here than in Michael Avenatti's trial.

Morning recess.
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Re: Stormy Weather TFG on Criminal Trial in NYC

#122

Post by ti-amie »

Adam Klasfeld
@KlasfeldReports
·
5h
During the recess, let's flag a less-dramatic but important part of Daniels' testimony so far: corroboration.

She has Trump bodyguard Keith Schiller's number on her phone, and prosecutors matched her famous photo of her and Trump from 2006, with the outfit he wore that day.

Some of the anecdotes, like the infamous spank, are ones we've heard before — but the exhibits, subjected to the rules of evidence and entered into the record, land with their own impact on the jury.

Before the witness re-enters, Justice Merchan chides the prosecutor to stay on topic.

"The degree of the detail we're going into are just unnecessary," Merchan tells Hoffinger.

Merchan: "Welcome back, Ms. Daniels."

She's back on the stand.

"Let's get the jury."
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Re: Stormy Weather TFG on Criminal Trial in NYC

#123

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Adam Klasfeld
@KlasfeldReports
·
5h
Court resumes, with Daniels back in the hotel suite.

Q: Did there come a time that you needed to use the restroom?
A: Yes.

She says she had to go through a living room and a bedroom to get into the bathroom.

Daniels:

There was a leather looking toiletry bag on the counter.

"I did look. I'm not proud of it." (laughs)

Daniels:

"When I had opened the door to come out, Mr. Trump was on the bed."

She says he was wearing boxer shorts and a T-shirt. She wasn't expecting someone to be there in "not a lot of clothing."

"I just thought: 'Oh my god, what did I misread to get here?'" Daniels says.

Daniels quoted Trump saying something to the effect of telling her if she "ever wants to get out of that trailer park," prompting a defense objection.

"Sustained," the judge says, impatiently.

Sidebar. The judge doesn't seem happy about the level of detail.

Asked whether she felt threatened by Trump, Daniels says no but notes there was a bodyguard who was waiting outside.

"There was an imbalance of power. Sure. He was bigger," Daniels adds.

Q: At some point, were you on the bed having sex with him?
Yes.

Hoffinger asks Daniels to describe it "briefly."

Stormy starts to say: "We were in missionary position for..."

Defense: Objection, your honor.
Judge: Sustained!

Q: Did you end up having sex with him on the bed?
A: Yes.

Q: Was he wearing a condom?
A: No.

Asked if that concerned her, she said yes, but she says she didn't say anything.

Daniels says she didn't tell anyone about it because she felt "ashamed."

Q: Did you see Mr. Trump again in Tahoe the next day?
A: Yes.

She says that, this next time, it was at one of the nightclubs in her hotel. Her employer, Wicked Pictures, hosted an event.

Daniels says she told lots of people that she went to Trump's room, but a small circle of people about the sex.

Daniels says that she Trump spoke often on the phone:

"I always put him on speakerphone. We thought it was funny. Dozens and dozens of people heard me on the phone with him."

She adds later: "He always called me 'honeybunch."

Daniels says that Trump eventually gave her the number of his assistant: Rhona.

Earlier in the trial, Rhona Graff entered Daniels' phone number on Trump Org's Outlook database into evidence.

Daniels entered her number on her phone as:

"D Trump Rona [sic]."
Analysis:

The dirty details of the testimony will dominate the headlines, but pay attention to any corroborating evidence that emerges as trial continues.
Justice Merchan admonishes Daniels to keep her answers short and responsive.

Daniels says that Trump introduced her at an event to "Karen," whom she did not know at the time.

It was Karen McDougal, she says.

Lots of colorful details drawing many sustained objections.

In 2007, Daniels says, she met with Trump for a "brief" discussion at his office. Trump claimed to be working on "'The Apprentice' thing."

Asked if Trump seemed concerned about being seen with her at Trump Tower, Daniels responds: "Oh, no. [...] He just seemed to be busy."

Daniels recalls meeting with Trump at a bungalow in Los Angeles.

"He kept trying to make sexual advances, putting his hand on my leg," she says.

Q: What was your response?
A: I told him I was on my period.

Trump eventually told Daniels that she wouldn't be on "The Apprentice," she said.

She says she fell out of touch with Trump after that and went on with her life, until someone let her know that "InTouch" would run a story about her.

(Edited to correct the mag)

There have been many animated sidebar discussions today, which will be interesting to review in the transcript.



After Trump announced his candidacy, Daniels says, manager Gina Rodriguez reached out to her trying to sell her story.

Daniels acknowledges both believed they could make money from it: "Of course."

But there was another motive. After Hoffinger asks whether Daniels thought going public would keep her safer, the defense objects. Sustained.

Daniels later says: "My motivation wasn't money; it was to get the story out." [...]

"It was motivated out of fear and not money."

Daniels says she didn't negotiate the $130,000.

Q: Why didn’t you ask for more money?
A: Because I didn’t care about the money.

Daniels says that 2016 was the best year for her business. She'd gotten several raises and bought another house.

Testimony turns to the settlement agreement she eventually side, as prosecutors display an email from Keith Davidson to Michael Cohen.

Daniels is settling into her testimony. She's slowed down and sounds calmer, more decisive and confident than when her testimony began.

Daniels inspects her signature on the "Peggy Peterson" line, with her birth name Stephanie Clifford.

Lunch recess.
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Re: Stormy Weather TFG on Criminal Trial in NYC

#124

Post by ti-amie »

Adam Klasfeld
@KlasfeldReports
·
3h
Good afternoon.

Trump's at the defense table. Eric Trump, Alina Habba, and Boris Epshteyn are back in the gallery.

Stormy Daniels, the judge and jury aren't back yet.

Justice Merchan enters.

"My chambers reached out to People and defense counsel" to see if they wanted a limited instruction on the alleged encounter in the Las Vegas parking lot.

Todd Blanche replies: We want a mistrial.

Blanche:

The judge set "guardrails" that Daniels ran through, and it's impossible to "unring this bell."

Daniels' testimony about her alleged sexual encounter with Trump was "way different" from the one Daniels was "peddling" earlier.

Blanche:

There was testimony about Daniels being blacked out, about Trump not wearing a condom, "the height of the two individuals," the spacing in the room, and "the fact of the bodyguard not being in the room."

Blanche notes Daniels described a consensual sexual encounter back in 2016.

"That's not the story that we heard today," he says, adding that Daniels told a "completely different story."

Blanche:

"How can you unring the bell?"

Blanche says Daniels was talking about "consent" and "danger."

"Just over lunch, people are reporting that she's [discussing] consent."

Daniels later said there was consent, but that's not enough, he says.

Blanche:

"The government must have known this was coming out."

Justice Merchan: "Thank you, Mr. Blanche. People?"

Prosecutor Hoffinger responds.

Hoffinger:

Daniels' account is "highly probative" of Trump's intent. It's "not true" that Daniels is telling a new story, saying she had previously spoken about the detail about the condom.

"This is not new. This is not a new account."

Hoffinger:

"Their position that this is an entirely new story is not accurate."

Hoffinger:

"They opened the door to the threat in 2011."

It goes directly to Daniels' credibility, which Trump's defense attacked, she said.

Blanche responds:

"The reason why this evidence, in theory, is admissible, over our objection," is that they were facts presented to Davidson and Cohen spurring the NDA.


"The problem is, that isn't what came in. What came in is this extraordinarily prejudicial testimony."

Hoffinger:

Daniels made clear that Trump did not threaten her physically or verbally — and that she did not say no.

Judge:

"As a threshold matter, Mr. Blanche, I agree that there were some things that better be left unsaid." [...] The witness was a "little difficult to control."

Judge:

At this point, I do not believe that a mistrial is warranted.

Judge:

"I will also note that I was surprised that there weren't more objections" coming from the defense table.

He says that he objected, "sua sponte" (of his own accord), to some of the testimony. The defense needs to take some responsibility, he says.

Trump's attorney Susan Necheles says they objected to her testimony to begin with, and the judge rejected their request.

Merchan interjects — that's not accurate. He granted some aspects of their objection, rejected others.

Justice Merchan:

"I do not believe we have reached the point that a mistrial is on order."

He also notes, "The more times a story has been changed," the more fodder the defense has for cross-examination.

Merchan: "Let's get the witness, please."
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Re: Stormy Weather TFG on Criminal Trial in NYC

#125

Post by ti-amie »

Adam Klasfeld
@KlasfeldReports
·
2h
Stormy Daniels is back on the stand, and the jury is back in the box.

The afternoon session begins with an email from Keith Davidson to Michael Cohen, dated Oct. 17, 2015.



Daniels says that she wound up with approximately $96,000 after fees.

Daniels says she did not respond to WSJ reporters' request for comment, after the publication of the story about Karen McDougal.

Daniels says she was respecting the terms of the NDA.

Daniels says that 2017 was "probably my best year ever," both professionally and personally.



Daniels confirms testimony from earlier at trial that Cohen wanted her to go on Hannity, but she declined. Why?

"Because I didn't want to," she said.



After freed from her NDA, Daniels published the book: "Full Disclosure."

She said she didn't include every detail about what she says happened in the room with Trump.

Lots of sustained objections during this prosecutor's questioning of Stormy Daniels.

Questioning turns to Michael Avenatti tweeting out a sketch of the man he claimed had threatened Stormy Daniels in a parking lot.

Daniels sued — and lost, badly. It was an expensive defeat.

Prosecution is getting ahead of cross-ex.

Details that prosecutor Susan Hoffinger elicited:

* Daniels says Avenatti posted the sketch without her knowledge.

* The court made no findings about the credibility of her claims about Trump.

* She fired Avenatti for cheating her.

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Re: Stormy Weather TFG on Criminal Trial in NYC

#126

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Adam Klasfeld
@KlasfeldReports
·
2h
Trump's attorney Susan Necheles begins cross-ex.

She notes that Daniels described "grueling" prep sessions, but Daniels denies that this was "rehearsing" her testimony.

Necheles:

Q: They were pushing you, right?
A: The memories were hard to bring up. They were painful.

During the prep sessions, Necheles says, Daniels was asked "why" she acted in pornography.

Daniels responds: She doesn't recall them asking "Why?"

Necheles says the reason was money.

Daniels: Don't we all want to make more money in our jobs?

Necheles asks Daniels: "You want [Trump] to go to jail, right?"

She responds that she wants Trump to be held "accountability," but if found guilty, she "absolutely" wants him in jail.

Necheles asks a string of questions about her defeat in her defamation lawsuit against Trump, along with the six-figure legal fees she's racked up over the years.

Necheles asks another line of questions about Daniels' nonpayment of the award, saying she's openly disobeyed the court order.

Daniels agrees with Necheles that she said, "I will go to jail before I pay a penny."

"Correct," Daniels replies.

Q: You don't care about the court order, do you?
A: Of course I care.

Q: Even though there are three court orders for you to pay President Trump, you are not going to do that, are you?
A: I don't know.

Necheles shows jurors Daniels' tweet from Nov. 9, 2022:

"I don't owe him (expletive) and I'll never give that orange turd a dime. 😂"

Asked if she owns a home, Daniels says she doesn't.

Necheles said Daniels tweeted that she paid for a new ranch.

Daniels says that meant ranch.

Necheles asks whether Daniels hopes she won't have to pay Trump if he's convicted.

"I hope I never have to pay him no matter what happens."

Necheles asks Daniels whether she's made a lot of money claiming she's had sex with Trump.

"I've been making money telling my story about what happened to me," she replies.

Asked if she denied having sex with Trump before claiming that she did, Daniels replies: "Because I had an NDA, yes."

Necheles displays the cover of Daniels' "Full Disclosure" to jurors.

Daniels agrees that the book describes manager Gina Rodriguez arranging for a meeting between her and prominent attorney Gloria Allred.

"I actually turned down her offer," Daniels says.

Q: This is your book, right?
A: Yes.

In the book, Daniels agreed, she left out sex and anything the least bit interesting in her meeting with Allred.

Daniels agreed that Allred told her: I can't do anything else for you, if that's all there is.

Daniels says she rejected Allred's interest because "She wanted to force me into saying things that were not true."

Necheles asks whether the meeting actually showed Daniels that selling her story wouldn't work unless she talked about sex.

Daniels pushes back at the suggestion.

Cross-ex turns to Daniels' account of the parking lot threat.

Necheles says she never told anyone in the exercise class, and Daniels replies: "No, I told her that my baby had a blowout on her diaper and that's why I was crying in the bathroom."


Adam Klasfeld
@KlasfeldReports
·
1h
Daniels says that she used the bathroom, but she didn't go to class.

"There was no way I could possibly have done exercise with how scared that I was."

She says she didn't tell anyone or call the police.

Necheles says that Daniels did not share her story about the parking lot until "seven years after it supposedly happened."

Q: Your daughter's life was in jeopardy, and you didn't tell her father, right?
A: Right.

In 2018, when Daniels went on TV, she told Anderson Cooper: "I never told this story publicly before because I was threatened."

Necheles says Daniels blamed the incident on Michael Cohen.

"No, I blamed it on a man in a garage," Daniels replies, before slightly backtracking.

Daniels acknowledges she did suspect Cohen at the time.

On direct, Daniels blamed Avenatti for releasing the sketch of the supposed parking lot suspect.

Necheles points out Daniels sat next to Avenatti on "The View" when he unveiled it.

Afternoon recess
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Re: Stormy Weather TFG on Criminal Trial in NYC

#127

Post by ti-amie »

Adam Klasfeld
@KlasfeldReports
·
1h
We're back.

Asked if she denied the alleged affair to The Dirty, Daniels replies: "I didn't confirm or deny anything to The Dirty. I never spoke to them."

Necheles: "Your lawyer did, right?"

Daniels says that the lawyer pushed to take the post down.

Q: You were trying to extort money from President Trump, right?
A: False.

Q: That's what you did, right?
A: False.

After Necheles mentions the "supposed incident" in the parking lot, Daniels says: "It wasn't a supposed incident. It was a true incident, and I told a lot of people."

Necheles shows Daniels some text messages entered earlier in the trial, between Daniels' manager Gina Rodriguez and the Enquirer's then-editor in chief Dylan Howard.
Adam Klasfeld
@KlasfeldReports
Over the afternoon recess, the press pool got this exchange:

"'Mr. Trump, how's it going in there?' Trump held his right hand to his mouth, responding, 'Very well.'"


Adam Klasfeld
@KlasfeldReports
·
29m
* Back Thursday
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Re: Stormy Weather TFG on Criminal Trial in NYC

#128

Post by ti-amie »

Some of what Adam Klasfeld left out
Kyle Griffin
@kylegriffin1
Stormy Daniels says, at one point, she was staring at the ceiling wondering how she got there, and trying to think of something other than what was happening.

Prosecutor Susan Hoffinger asks Daniels if Trump was wearing a condom.
Daniels: "No."

Daniels says, while it was a concern, she didn't say anything about it to Trump and that the sex itself was brief.
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Re: Stormy Weather TFG on Criminal Trial in NYC

#129

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Katie Phang
@KatiePhang
HOFFINGER: After you were interviewed for In Touch did you have an encounter in a parking lot in Las Vegas?
DANIELS: My daughter and I were going to a mommy and me workout class and… “I was approached by a man in a parking lot in Las Vegas. I thought he was the husband or something of one of the other women in the class.”

DANIELS: “He threatened me not to continue to tell my story.”

HOFFINGER: What story?

DANIELS: “About my encounter with Mr. Trump”

HOFFINGER: Did you tell the police?
DANIELS: No because I was scared and my daughter's father was also struggling and I did not tell my boyfriend, he was struggling with post-partum stuff with my daughter and alcoholism. I’d never told him about sex with Trump, so if I’d told him then when “his world was exploding,” it wouldn’t have been good.

HOFFINGER: Oct 2011, did you become aware that an article had come out online about your encounter w Trump called http://thedirty.com?
DANIELS: Yes, Gina called….it is a gossip site, she may have sent me over

HOFFINGER: Did you provide info to that site?
DANIELS: No, I’d never even heard of this. I didn’t want the person who threatened me and my baby to think I’d done it.

HOFFINGER: Did you want it taken down?
DANIELS: Yeah, absolutely

HOFFINGER: Was it in fact successful in doing that?
DANIELS: “I assumed so, because it came down”

HOFFINGER: In 2015, “Sometime after he announced that he was running for president, did someone reach out to you again about telling your account” with Mr. Trump
DANIELS: Yes

HOFFINGER: Did Gina reach out you?
DANIELS: Yes

HOFFINGER: What did she say
DANIELS: That she could sell the story again.

HOFFINGER: Did you decide to let Gina sell your story to a news outlet?
DANIELS: Yes

HOFFINGER: Do you remember the Access Hollywood tape coming out publicly.
DANIELS: Yes

HOFFINGER: Was she trying to sell your story before?
DANIELS: Yes

HOFFINGER: Was Gina successful in doing so before that Access Hollywood tape came out?
DANIELS: No

HOFFINGER: Did you believe that she would sell your story after the AH Tape came out?
DANIELS: Yes, more people were calling

HOFFINGER: In Oct 2016, was your focus on selling your story?
DANIELS: yeah

HOFFINGER: “Did you have any intention of approaching either Mr. Trump or Michael Cohen, his attorney, to have them pay for your story?”
DANIELS: No, my motivation wasn’t money. i just wanted to get the story out.
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Re: Stormy Weather TFG on Criminal Trial in NYC

#130

Post by ti-amie »

Additional detail of how the day wrapped up.

Katie Phang
@KatiePhang
NECHELES: Now you and Michael Cohen are buddies??
DANIELS: I wouldn't say we are buddies, he went on my podcast and I went on his.

NECHELES: On that podcast, he told you he had nothing to do with any supposed threat.
DANIELS: Correct.
NECHELES: Both you and Michael Cohen aspire to make money off of seeing President Trump go to jail, correct?

Objection -SUSTAINED

Housekeeping matter:

MERCHAN: If we have to continue to Thursday anyway with Ms. Daniels’ testimony, let’s stop at 4:30 pm today.

NECHELES: Turning back to 2011. You were denying to http://dirty.com...
DANIELS: I never spoke to the http://dirty.com so I could not deny it.
DANIELS: I absolutely did want to have [the story] removed. So I did not confirm or deny anything to http://dirty.com. I never spoke to them.

NECHELES: Your lawyer did though, right?

DANIELS: He told them to take it down.

NECHELES: So you decide, I am going to sell my story, right?
DANIELS: I didn't just decide, I was given advice
DANIELS: “I was a much braver and much different person” than I was in 2011.
DANIELS: An attorney told me to get high, stay high. Get out in front of what you're saying

NECHELES: You then had Gina Rodriguez go on out and try to tell the story
DANIELS: “I didn’t care for how much , i just wanted the story out there, which is why i had the press conference set up for free”

And here is Trump's defense (one of them):

NECHELES: You were looking to extort money from President Trump, right?
DANIELS: False.

NECHELES: Well, that’s what you did, right?
DANIELS: False.

DANIELS: I authorized Gina Rodroguez to shop around the story so i could make it public
DANIELS: Before this, I had a press conference set up for free
NECHELES: but you didn’t give the press conference, right?
DANIELS: Gina came back into the picture so i didnt do the free press conference.
DANIELS: “If i had a chance to get the story out and make some money, yes”

Court recesses for the day. We are back on Thursday morning at 9:30 a.m.
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Re: Stormy Weather TFG on Criminal Trial in NYC

#131

Post by ti-amie »

It pays to check multiple sources when your primary one admits to leaving out a lot of stuff. The details Phang is providing put that cross by TFG's attorney in a different light in my opinion. Again, not a lawyer or a juror.
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Re: Stormy Weather TFG on Criminal Trial in NYC

#132

Post by ti-amie »

The court stenographers are putting out the trial transcripts daily. Here's the link. I don't see the PDF for yesterday's testimony but I could be overlooking it. They're not indexed so that you can jump right to what you want to see which is annoying but putting these out same day is a big deal.

https://pdfs.nycourts.gov/PeopleVs.DTru ... anscripts/
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Re: Stormy Weather TFG on Criminal Trial in NYC

#133

Post by ti-amie »

What Stormy Daniels said happened in Trump’s hotel suite, from the transcript
Despite objections from Donald Trump’s attorneys, adult-film actress Daniels shared details of the alleged sexual encounter in the New York hush money trial.

By Niha Masih and Leo Sands
May 8, 2024 at 8:12 a.m. EDT

Judge requests Trump stop cursing

Even before Daniels described the alleged sexual encounter, the judge was concerned about Trump’s reaction to her initial testimony. As the court rose for its morning recess, Merchan beckoned Trump’s defense lawyers to a sidebar.

Merchan: I understand that your client is upset at this point, but he is cursing audibly, and he is shaking his head visually and that’s contemptuous. It has the potential to intimidate the witness and the jury can see that.

Trump’s attorney Todd Blanche said he would talk to his client.

Merchan: One time I noticed when Ms. Daniels was testifying about rolling up the magazine, and presumably smacking your client, and after that point he shook his head and he looked down. And, later, I think he was looking at you, Mr. Blanche, later when we were talking about The Apprentice, at that point he again uttered a vulgarity and looked at you this time. Please talk to him at the break.

https://www.washingtonpost.com/politics ... ump-trial/
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Re: Stormy Weather TFG on Criminal Trial in NYC

#134

Post by patrick »

Heard that Mr Delay and his attorneys want a mistrial after Daniels spoke
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Re: Stormy Weather TFG on Criminal Trial in NYC

#135

Post by Fastbackss »

Lot of takeaways from today's transcript , but one for me is as usual thinking Gloria Allred is a slimeball version of an ambulance chaser
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