#Bove is asking #Pecker about #Dino Sajudin, the #doorman w/a story to sell about #Trump fathering a child out of wedlock. Sajudin was at the heart of the 1st #CatchAndKill deal, in which The NE purchased the story & did not publish it. Bove asks Pecker to repeat that he believed that if the story were true, “it could be the biggest #NationalEnquirer article ever.” Bove appears to be trying to suggest that Pecker would have published it had he been able to verify it.
Even though #Pecker knew the story was false, he paid $30k for it. He previously testified that he thought it would have been an embarrassment to the #TrumpCampaign. But #Bove is trying to get Pecker to agree that he instead paid for the story to avoid losing it to another publication.
Aside - Even when #Trump tried to run for president in 2012, Pecker advanced his #birther #conspiracy against Barack #Obama.
#criminal #law #TrumpTrial #CatchAndKill #ElectionInterference #HushMoney
Prosecutors repeatedly object to defense’s use of “President Trump” to refer to a meeting in June 2016, pointing out that #Trump wasn’t president at that point. Justice #Merchan sustains.
#Bove keeps jumping between topics during his #CrossExamination of #Pecker. Trump seemed engaged yesterday when this line of questioning began, today he’s more lethargic — sitting slumped in his chair, & he just tried to disguise a yawn.
#criminal #law #TrumpTrial #conspiracy #ElectionInterference #NodFarter
#Bove is making an important point right now about an agreement that The #NationalEnquirer made w/ #KarenMcDougal, the fmr Playboy model whose story about an affair w/ #Trump the tabloid purchased & sought to bury. Prosecutors had tried to suggest that the agreement - which included a number of different benefits for McDougal - was made to disguise a $150k #HushMoney payment.
Bove is pointing out that McDougal actually did receive the benefits of the agreement.
#Bove tries to emphasize that #KarenMcDougal's primary focus was not cash, but the desire to restart her career.
#Pecker gets confused for a moment, but eventually agrees that McDougal was focused on her career. This is not an earth-shattering point, but, if the jury is able to follow it, it helps pick away at the prosecution's argument about this agreement.
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney
#Bove's point is that #AMI, The #NationalEnquirer's parent company, did print health columns by #KarenMcDougal - ghostwritten by others - & put her on magazine covers, not in The NE but in its lifestyle publications.
But after executing the deal in Aug, the company did none of that until well after WSJ reporters revealed the existence of the deal in Oct 2016.
When #Pecker wanted to put #KarenMcDougal on the cover of Men's Journal, she refused to cooperate, so they used an old image. His staff believed Pecker did that to make the case that their deal was legit.
#Bove presses Pecker about telling #MichaelCohen the agreement w/McDougal was "bulletproof."
Pecker was trying to please 2 conflicting parties: #Trump, who wanted the story buried, & his own lawyers, who were concerned that the deal w/ McDougal could be illegal.
#Pecker doesn't want to say that he was being misleading, but #Bove is hitting on a contradiction: Either Pecker misled #MichaelCohen, or the legal agreement was in fact "bulletproof" & thus not unlawful.
- of course it doesn’t really matter because the charges have nothing to do w/the McDougal agreement, it’s discussion is purely background.
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney
#Bove raises the Jan 6, 2017 meeting that took place in #Trump’s office at TrumpTower w/ #JamesComey, then the #FBI dir, #MikePompeo, soon to be the #CIA dir, #ReincePriebus, soon to be the #WhiteHouse chief of staff, & #SeanSpicer, soon to be the WH press sec.
Bove asks #Pecker about how #Comey & Trump later had a contentious relationship. Prosecutors object, & Bove asks for a sidebar. Justice #Merchan sustains the objection.
#criminal #law #TrumpTrial #ElectionInterference #conspiracy
#Bove’s voice got very sharp as he asked #Pecker about whether Pecker had made an error yesterday when he said #Trump thanked him for his #CatchAndKill of the doorman’s story. “Was that another mistake?” the lawyer asked, loudly. “Do you believe that President Trump said that to you as you sit here right now?”
Bove reminds Pecker that it’s a crime to lie under oath.
#criminal #law #TrumpTrial #conspiracy #ElectionInterference
Pecker reiterates that #Trump thanked him at the Jan 6, 2017 meeting at Trump Tower, in front of a group of future admin ofcls.
#Bove is suggesting that #Pecker testified inconsistently: in 2018, acc/to #FBI notes, he told agents that Trump had not thanked him at the Jan 6 meeting. That contradicts w/what he said yesterday & again today. Pecker resisted the implication that he contradicted himself but agrees. Bove is satisfied& the jurors are excused for a break.
The jury & judge are back in the courtroom after midmorning break, David #Pecker is on the stand & his #CrossExamination is now resuming.
#Bove is back on cross, #Blanche, another defense lawyer, sits in Bove’s empty seat. Blanche seems intent on flanking #Trump as much as possible.
(Maybe to prod him awake before he starts to drool)
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney #NodFarter
#CrossExamination resumes
#Bove asks #Pecker's about his meetings w/prosecutors.
Pecker says they were not "stressful," as #Trump's lawyer suggests, he says he wanted it to be over - who wouldn’t?
The defense presents #AMl's non-prosecution agreement w/SDNY.
Bove suggests AMI was having financial issues at the time - were discussions w/the Hudson News Group to acquire the #NationalEnquirer.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Bove asks, “You knew that to consummate that deal, you had to finalize the investigations, correct?”
#Pecker admits that put some pressure on the negotiations, but says, “From the tabloid's standpoint, that would have added on to the stress of the transaction.” He doesn’t say it put personal pressure on him.
Pecker says, “There was no drop dead date, that it had to be completed by a certain time.”
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
Again the deal w/ #KarenMcDougal is beside the point when it comes to the charges. As I said, its discussion is just background.
#Bove is trying to discredit #Pecker.
Bove asks, “If #AMI had been indicted, that would have affected the value of its assets?”
Pecker says yes but notes that AMI was never charged or prosecuted.
Yesterday, Pecker said, “We admitted to a campaign violation."
Bove notes "there is no violation in this agreement."
"In this agreement, no," Pecker says.
#Bove points out the section of the non-prosecution agreement stating the federal govt "will not criminally prosecute" #AMI.
Asked whether there's mention of a #CampaignFinancial violation in the agreement, #Pecker answers, “No."
Bove tries to get Pecker to say money wasn’t part of the #Trump Tower meeting agreement.
Pecker corrects Bove, “There was a discussion that I was going to be the eyes and ears of the campaign," including notifying #MichaelCohen of women selling stories.
#Pecker says that led to the #HushMoney payoffs to the women.
#Bove has been trying to get him to admit that his testimony contradicted what his attys told the state in 2019. The statement in question concerns the Trump Tower meeting in 2015, in which Pecker agreed to help #CatchAndKill negative stories about #Trump.
Bove said Pecker’s lawyer had told state prosecutors that it was inaccurate that Pecker had agreed, at that meeting, to suppress the stories on Trump's behalf.
But #Pecker clarifies that what his lawyer said in 2019 was simply that he had never offered to buy those stories on #Trump’s behalf. As Pecker reminds us, he instead offered to serve as Trump’s eyes & ears, looking out for negative stories.
Several times now #Bove has tried to catch Pecker in a lie. But Pecker is not going along w/it, he is repeatedly disagreeing w/Bove & fighting back against the attacks. It’s hurting defense more than helping.
#Bove concludes cross, asking Pecker about his obligations in cooperating w/the prosecution at this trial.
#Pecker says, “I’ve been truthful to the best of my recollection.”
Asst DA #Steinglass begins his redirect.
Steinglass asks about #KarenMcDougal's contract & Pecker's testimony that its "true purpose" was to #CatchAndKill her story.
Pecker agrees w/that the purpose of the provisions about McDougal's career was to establish "plausible deniability."
#Steinglass shows #Pecker the provision of #AMI's non-prosecution agreement that reads:
"AMI's principal purpose into entering into the agreement was to suppress the model's story so as to prevent it from influencing the election."
Pecker agrees it was true.
Steinglass asks Pecker about a plan to sign over #KarenMcDougal's life rights to #MichaelCohen (it was abandoned)
Exhibit from yesterday detailing the original plan:
#criminal #law #Trump #TrumpTrial #CatchAndKill #ElectionInterference
#Steinglass, the prosecutor, uses defense atty #Bove’s repetition of the phrase “standard operating procedure” against him, as he points out all the parts of the agreement w/ #KarenMcDougal that were not standard. Pecker agrees w/ Steinglass throughout as he asks him these questions, hurting the defense's argument.
Redirect gives Pecker the opportunity to clarify testimony muddled under cross-examination.
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference
#Steinglass asks #Pecker about the overlap between #NationalEnquirer's readership & #Trump's political base.
“All that base loved reading positive stories about Donald Trump. And when he announced his presidency, going from The Apprentice to running for the president of the United States, our sales increased. Newsstand sales increased,”Pecker says.
Steinglass sums it up as follows, “Running stories about Mr. Trump appealed to your readership.”
Court breaking for lunch till 2:15 PM US ET
#Pecker will be back on the stand when court resumes.
Before leaving, Todd #Blanche, one of Trump's attys, asked Justice #Merchan to direct prosecutors to say who the next #witness would be. One of the prosecutors responded that Susan Necheles, another #Trump lawyer, already knew. Trump leaned over & asked Necheles, “Who is it?” She seems to have responded because he said, “Ah.” Then he got up.
Back from break.
#CrossExamination resumes
#Steinglass asks if #Pecker considers #NationalEnquirer's circulation to include everyone who looks at covers while waiting in supermarket checkout lines.
#Pecker doesn’t.
Steinglass shows Pecker a section of a Nov 4, 2016 WSJ article which reads:
"Quashing stories that way is known in the tabloid world as 'catch and kill.’”
#criminal #law #Trump #TrumpTrial #CatchAndKill #ElectionInterference