Former President Donald Trump is on trial in New York City, where he is facing felony charges related to a 2016 hush money payment to adult film actress Stormy Daniels. It marks the first time in history that a former U.S. president has been tried on criminal charges.
MORE: Who are the key players in Donald Trump’s Manhattan hush money trial?
Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records in connection with a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.
Latest Developments
May 2, 1:16 PM
Davidson was to earn 45% of McDougal’s hush payment
Defense attorney Emil Bove asked Stormy Daniels’ and Karen McDougal’s former attorney Keith Davidson about his 2016 effort to negotiate a payment on behalf of McDougal, who was ultimately paid $150,000 by the National Enquirer so the publication could “catch and kill” her story.
Davidson was set to earn 45% of the payment based on the retainer agreement he signed with McDougal, according to testimony.
Bove suggested that the National Enquirer was struggling to verify McDougal’s allegations, which threatened to derail the negotiations.
“I am drafting a declination of representation letter to send off,” Davidson texted Enquirer editor Dylan Howard in 2016, according to evidence.
Davidson testified he could not recall threatening to end the negotiations.
The judge subsequently recessed the proceedings for lunch, with Davidson’s cross-examination set to resume after the break.
May 2, 12:54 PM
Davidson was investigated for Hogan extortion but not charged
Under cross-examination, Stormy Daniels’ former attorney Keith Davidson testified that he attempted to negotiate a monetary offer from Hulk Hogan related to the release of an alleged sex tape.
“There was a monetary demand made,” Davidson said while declining to provide specifics.
Davidson denied that he leaked any information about the alleged tape to the National Enquirer though Dylan Howard.
Davidson appeared to admit that he was investigated for extortion related to Hulk Hogan by the Tampa Police Department.
“They conducted an investigation, yes,” Davidson said.
“An investigation related to extortion?” Bove asked.
“I believe so,” Davidson said.
“You were not ultimately charged, right”” Bove asked.
“True,” Davidson said.
When asked if he learned about extortion law from the experience, Davidson mumbled, “Perhaps, I don’t know.”
May 2, 12:48 PM
Defense’s questioning of Davidson turns heated
Trump attorney Emil Bove’s cross-examination of Stormy Daniels’ former attorney Davidson turned heated as Bove asked Davidson about some of his previous cases.
Bove asked about his alleged involvement in a TMZ story related to Lindsey Lohan’s treatment at a rehab facility.
“I don’t recall that,” Davidson.
Bove then asked Davidson about his clients related to Charlie Sheen.
“We asserted that there was tortious activity,” Davidson said, adding there was some kind of settlement.
Bove then attempted to ask Davidson about the specifics of the settlement related to Sheen.
“I’m not going to answer that question,” Davidson said. “I don’t recall.”
“Is it fair to say your memory seems a bit fuzzy?” Bove said.
Davidson appeared to be refusing to answer some questions while invoking attorney-client confidentiality.
“We’re both lawyers here — I’m not trying to play lawyer games with you,” Bove said, telling Davidson he was just demanding truthful answers.
“You are getting truthful answers, sir,” Davidson said bluntly.
May 2, 12:35 PM
Defense attorney suggests Davidson extorted Daniels payment
Defense attorney Emil Bove appeared to suggest that Keith Davidson, as Stormy Daniels’ attorney, was committing extortion when he negotiated the Daniels payment. Bove asked whether the statute of limitations has run out for any extortion offenses.
“What does the word extortion mean to you?” Bove asked.
“Extortion is the attaining property by fear or threat of force,” Davidson said.
“By 2016, you were pretty well versed in getting right up to the line without committing extortion?” Bove asked.
“I don’t understand your question,” Davidson said.
Bove asked Davidson about a 2012 state and federal extortion investigation related to Hulk Hogan.
“I familiarized myself with the law,” Davidson said of the 2012 investigation “I did everything I could to make sure my activities were lawful.”
Bove attempted to suggest that based on that past experience, Davidson intentionally avoided making overt threats related to the 2016 election when negotiating the Daniels payment.
“I made no threats to anyone,” Davidson responded.
May 2, 12:19 PM
Davidson says he provided legal services without retainer
Under cross-examination, Keith Davidson agreed that he provided legal services to Stormy Daniels in 2011 when he sent a cease-and- desist letter to TheDirty.com when the website published allegations of an affair between Daniels and Trump.
“You were acting as Ms. Daniels’ attorney?” Trump lawyer Emil Bove asked.
“Yes,” Davidson responded, while noting there was no formal retainer agreement.
The defense has suggested Trump properly characterized his reimbursement to Michael Cohen, which sits at the heart of the case, as a legal expense because it was a payment to a lawyer.
Prosecutors have repeatedly said there was no retainer agreement between Trump and Cohen.
May 2, 12:24 PM
Defense begins cross-examination of Stormy Daniels’ attorney
After a short morning break, court is now back in session with the cross-examination of Stormy Daniels attorney Keith Davidson.
Defense attorney Emil Bove is questioning Davidson on behalf of Donald Trump, who is back at the defense table.
Trump leaned back in his chair, twisting to the right, to watch his lawyer take his turn.
Bove began by asking Davidson about whether he had ever interacted with Trump, suggesting in his questions that Davidson’s impression of Trump came from television or what he learned from Michael Cohen.
“I have had no personal interactions with Donald Trump,” Davidson said.
Referring to National Enquirer publisher David Pecker’s testimony last week that Davidson was one of the publication’s major sources though his relationship with editor Dylan Howard, Bove asked Davidson, “Would it surprise you to learn that Mr. Howard considered you to be a major source of information?”
“Yes,” Davidson said.
May 2, 12:27 PM
With no ‘relationship,’ denial was ‘effectively true,’ lawyer says
Stormy Daniels’ former attorney Keith Davidson read to the jury Daniels’ denial statement from Jan. 30, 2018.
“I am denying this affair because it never happened,” the statement read.
“I think it’s effectively true,” Davidson testified, arguing that a “relationship is an ongoing interaction.”
At one point, Davidson drafted a statement affirming that Michael Cohen was the source of the Daniels hush money payment. Cohen had texted Davison Chris Cuomo’s email address.
“He is a news broadcaster, then with CNN,” Davidson testified regarding Cuomo.
“Perfect, send to Cuomo,” Cohen texted Davidson about the statement.
“I think he was under some fire and wanted validation or cooperation” that he was the source of the money, Davidson said.
Davidson testified that while he believed Trump would ultimately be the source of the payment, Cohen had made the payment out of his own pocket in October 2016.
Prosecutors subsequently ended their direct examination of Davidson.
May 2, 11:34 AM
Davidson details more Stormy Daniels denials
Jurors were shown more 2018 text messages between Stormy Daniels’ attorney Keith Davidson and Michael Cohen, including one in which Cohen said, about Stormy Daniels. “I have her tentatively scheduled for Hannity tonight” so she could issue additional denials about her alleged relationship with Trump.
“Did your client actually appear on Hannity that night?” Steinglass asked Davidson.
“No,” Davidson said, calling this Cohen’s attempt to book Daniels on Hannity as part of one of his “pants-on-fire stages.”
“He believed she would further deny the interaction,” Davidson said about Cohen’s effort to book Daniels’ on Hannity.
By January 17, Cohen appeared to change his tone about booking Daniels on television.
“The wise men all believe the story is dying,” Cohen texted Davidson.
“Why is she going on Kimmel after the Sotu,” Cohen texted Davidson on January 26, 2018, referring to the State of the Union Address.
“Idk I was pissed. She said this is her shot. Meeting her this weekend to prep her and get the statement,” Davidson texted back.
“She wanted to talk about her life and reinvigorate her career,” Davidson testified about the the Jimmy Kimmel appearance.
May 2, 11:21 AM
Davidson testifies about denials to Wall Street Journal
Sometime in mid-December 2016, after the election, Keith Davidson and Michael Cohen spoke by phone, and Cohen unloaded on Trump.
In Davidson’s recollection, Cohen told him, “Jesus Christ, can you f—– believe I’m not going to Washington? After everything I’ve done for that f—– guy. I can’t believe I’m not going to Washington. I’ve saved that guy’s ass so many times you don’t even know.”
“That guy’s not even paid me the 130,000 back,” Davidson said Cohen told him.
Davidson was then asked about his actions in January 2018 when the Wall Street Journal reached out for comment about the Stormy Daniels contract.
“They wanted a comment on any interaction regarding Stormy Daniels and Donald Trump,” Davidson said.
“Nothing about the present day regurgitation of these rumors causes us to rethink our prior denial issued in 2011,” Davidson wrote in response to the request for comment in 2018. Davidson had sent a cease-and-desist letter in 2011 when the affair was mentioned on a blog.
Davidson said he forwarded the comment to Michael Cohen given their aligned interest at the time.
Jurors were shown the January 10, 2018 denial issued by Stormy Daniels, which Davidson said he wrote.
“An extremely strict reading of this denial would technically be true,” Davidson testified. “I don’t think anyone ever alleged that any interaction between she and Mr. Trump was romantic.”
“OK,” Steinglass responded, prompting some laughs from the gallery.
“It wasn’t a payoff and it wasn’t hush money — it was consideration in a civil settlement,” Davidson said.
May 2, 11:09 AM
‘What have we done?’ Stormy Daniels’ lawyer texted on election night
On election night, as results were coming in that were favorable to Trump, Stormy Daniels’ attorney Keith Davidson texted National Editor Dylan Howard, “What have we done?” according to texts shown the jury.
“This was sort of gallows humor. It was on election night as the results were coming,” Davidson testified.
Asked to explain his text message, Davidson responded, “There was an understanding that our activities may have in some way assisted the presidential campaign of Donald Trump.”
“Oh my god,” Howard responded to the text on election night.
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