NEW YORK — Porn star Stormy Daniels has begun testifying on the thirteenth day of Donald Trump‘s hush money trial, as the former president faces 34 felony counts of falsifying business records to cover up a hush money deal with Daniels.
Daniels’ testimony began with her sharing biographical information and recounting her alleged sexual encounter with Trump, including details such as his silk-looking pajamas early in the evening and the gold tweezers in his hotel suite bathroom.
Daniels is also expected to testify about the heart of the case against Trump: a $130,000 payment to her to remain silent before the 2016 election.
Daniels’ testimony comes after Trump was dramatically threatened Monday with jail time for future gag order violations.
Judge Juan Merchan had previously warned of potential incarceration in a written decision. But yesterday’s warning was different: it was to Trump’s face, and Merchan made clear the challenges to jailing a former president with Secret Service protection wouldn’t stop him.
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Keep up with USA TODAY’s live updates from inside and outside the Manhattan courtroom:
Court breaks for lunch
Prosecutor Susan Hoffinger suggested she was at a good spot in her questions for Daniels to take a break, and Judge Merchan announced the lunch break. Proceedings will start up again at 2 p.m. EDT.
– Aysha Bagchi
Daniels describes hush money deal
Daniels described the hush money deal that is at the heart of this case: the $130,000 Michael Cohen ultimately paid to keep her quiet ahead of the 2016 election about her alleged affair with Trump. She said she understood Michael Cohen to be representing Trump. She said she didn’t negotiate the dollar figure and cared some but not much about the money. She said her financial outlook at the time was “the best” it had ever been. She said she was directing 10 movies a year at that time and no longer lived in expensive California.
– Aysha Bagchi
Daniels gives In Touch interview on encounter and receives threat: testimony
Daniels described giving an interview to In Touch Weekly magazine in 2011, which was eventually published in 2018. Daniels discussed her alleged sexual encounter with Trump in the interview. Daniels testified that, later in 2011, she was in a parking lot with her infant daughter on the way to a workout class when she was approached by a man who threatened her not to continue to tell her story about her encounter with Trump.
Daniels said she didn’t tell police at the time because the man told her not to say anything and she was scared. She said she also didn’t tell her boyfriend at the time because he was struggling with other things, and also she hadn’t told him previously about sex with Trump, so to tell him then when his world was already “exploding” wouldn’t have been good.
– Aysha Bagchi
Trump tells Daniels he couldn’t get her on The Apprentice: testimony
Daniels said Trump later told her he hadn’t been able to get her on one of his “The Apprentice” brand shows. He referenced how another adult film actress was going to be on the show. Daniels said that woman made a guest appearance when her husband was on the show. Trump thought Daniels would be mad, Daniels testified, seeming to be referring to the other actress who had an appearance. But Daniels testified she didn’t care.
Daniels said that was the last time she talked to Trump. She said she sometimes got calls from a blocked New York number, but didn’t take them.
– Aysha Bagchi
Daniels describes more sexual advances by Trump
Daniels described meeting Trump later at a bungalow. He kept trying to make sexual advances, but she told him she was on her period. They had some discussion about The Apprentice, but a lot less of it than she thought there would be, she said. There was no real update about getting her on the show. She stayed between one. and two hours, she said.
– Aysha Bagchi
Daniels said she met other hush money recipient, Karen McDougal
Daniels described meeting former Playboy model Karen McDougal at an event that Trump was at, although Daniels didn’t know who McDougal was at the time. McDougal also received a hush money payment before the 2016 election to stay quiet about an alleged affair with Trump.
– Aysha Bagchi
Daniels describes meeting Trump and Ben Roethlisberger at nightclub
Stormy Daniels said she later met Trump at a nightclub, after his bodyguard Keith reached out asking if she would be willing to meet Trump. Daniels said when she arrived he was sitting at a booth. He wasn’t drinking but there was a bar, and he was with his friend: former NFL Pittsburgh Steelers quarterback Ben Roethlisberger.
Trump later gave Daniels the phone number of someone named “Rhona,” saying Daniels could get in touch with Trump again through Rhona. That appears to be a reference to Rhona Graff, Trump’s former executive assistant, who has already testified in the trial. Graff described creating a contact information entry on Daniels for Trump, and seeing Daniels in a reception area for an appointment at one time.
– Aysha Bagchi
‘Fantastic together’: Trump after hotel encounter, per Daniels
Daniels testified that, after she and Trump had sex and she was going to leave his hotel suite, he said they are “fantastic together” and that she should be gotten onto his show.
– Aysha Bagchi
Daniels describes having sexual encounter with Trump
Daniels said she laughed nervously when she came out of the bathroom and saw Trump on the bed in his underwear. She said she at first tried to make a joke and step around to leave.
She said she didn’t feel physically threatened by him, although she knew there was a bodyguard right outside. She said there was a power imbalance but she wasn’t threatened. She made a reference to their sexual position when they allegedly had sex and the defense raised an objection to that testimony, which the judge sustained.
Prosecutor Susan Hoffinger asked whether Trump wore a condom and Daniels said no. Hoffinger asked if Daniels said anything about it – appearing to refer to not wearing a condom – and Daniels replied: “I didn’t say anything at all.”
– Aysha Bagchi
Trump on bed in underwear after Daniels leaves bathroom: testimony
Daniels described at one point asking to use the restroom. She and Trump were drinking water, and she had consumed a lot of water, she said. He told her to go through the living room and bedroom and help herself to the facility.
Daniels said she looked at toiletry items in the bathroom and noticed Old Spice and manicure items that appeared to made of gold, such as gold tweezers.
When she came out of the bathroom, Trump was on the bed posing in underwear, as if waiting for her, she described. She said she thought in her head, “Oh my God,” and asked herself what she had misread.
– Aysha Bagchi
Judge tells prosecution to reduce amount of detail from Daniels
After asking Trump lawyer Todd Blanche if he had spoken with his client, Judge Merchan told prosecutor Susan Hoffinger that we don’t need so much detail from Daniels. He referenced a description of detailing the floor, things like that. He instructed Hoffinger to move more quickly when Daniels comes back to the witness stand. He then asked for Daniels to be brought back in.
– Aysha Bagchi
Judge appears to have given warning to Trump
After a short morning break, Judge Merchan said to Trump lawyer Todd Blanche: “Did you speak to your client?” Blanche replied that he had. It’s unclear what that was about, and whether Merchan had complained about some aspect of Trump’s behavior just before the break.
– Aysha Bagchi
Trump said he might be able to get Daniels on The Apprentice: testimony
Daniels said Trump raised an idea that she should go on his show, The Apprentice. Prosecutor Susan Hoffinger asked if it was The Celebrity Apprentice and Daniels said she doesn’t know, she assumes so, but it was some version of The Apprentice.
Trump said to Daniels that she reminded him of his daughter, who is smart and beautiful, Daniels described. He talked to her about public relations things with his show, saying Daniels would really shake things up. He said she could go on the show and prove she’s not a dumb bimbo, that she’s more than people think, according to her testimony.
She said she told him she was never going to be on his show, that even he didn’t have that much power.
– Aysha Bagchi
Daniels swatted Trump’s bottom in hotel suite, she says
Daniels said at one point in his hotel suite she started complaining to Trump that he was being rude. She told him someone should spank him, and he gave her a look as if he was daring her to do it. She took an item from him, instructed him to turn around, and swatted his behind with it, she testified. They then continued to talk “and he was much more polite.” They talked about his golf course in Scotland and about traveling, she said.
– Aysha Bagchi
Trump said he and Melania didn’t sleep in same room: testimony
Daniels described seeing a photo of Melania Trump when she was talking with Donald Trump in his hotel suite. She said to Trump: “She’s very beautiful – What about your wife?” Trump told Daniels not to worry about that, that he and Melania Trump didn’t sleep in the same room, according to Daniels’ testimony.
– Aysha Bagchi
‘You do not have the head designed to be without hair’
Daniels described Trump telling her about a contest in which the loser would have to shave their head. “You do not have the head designed to be without hair,” she says she responded. He agreed, according to her testimony. He said all that stuff was pre-determined in the script, he knew the outcome in advance, and that wouldn’t happen to him.
– Aysha Bagchi
Daniels told Trump she never tested positive for a sexually-transmitted disease: testimony
Daniels described Trump asking her if she had ever had a bad test, referring to a test for a sexually-transmitted disease. She told Trump “nope,” she possessed every test she had ever done for the last “X” amount of years (Daniels used the letter “X” in her testimony), and never had a bad test, never tested positive “for anything.”
Daniels also described from the witness stand having worked at a company that required condoms during work. She said that was a reason she worked there.
Outside of court, Daniels has previously described having sex with Trump on the evening she is continuing to describe inside the courtroom. In out-of-court statements, she has said the pair didn’t use protection.
– Aysha Bagchi
Trump asked about business of adult film industry, Daniels says
Daniels described talking with Trump about get-to-know-you things. She said he asked if she had a boyfriend and she said no, she didn’t at the time.
She also said he asked questions she doesn’t normally receive when people ask about her work in the adult film industry, including whether there was a union, whether there was testing for sexually-transmitted diseases, and how she got paid.
– Aysha Bagchi
Trump came out wearing Hugh Hefner-like pajamas: testimony
Daniels said when she arrived at Trump’s hotel suite, she said hello and he came out wearing silk or satin pajamas. She made a joke by asking if Hugh Hefner, the founder of Playboy magazine, knew Trump was wearing Hefner’s pajamas. She told Trump to go change and he obliged politely, she said. He put on a dress shirt and dress pants.
– Aysha Bagchi
Daniels describes meeting Trump at hotel suite for dinner
Daniels described meeting Trump at his hotel, which was different from hers, for dinner. She went up to his hotel suite, which was “very nice.” The suite was three times the size of her apartment, she testified.
– Aysha Bagchi
Daniels said Trump bodyguard approached about dinner
A Trump bodyguard named Keith approached Daniels at the July, 2006 golf tournament, saying Trump would like to know if she would like to have dinner with him, Daniels testified. She ultimately gave the bodyguard her phone number, she said. Daniels described receiving advice that day about going to the dinner, which could open up professional opportunities.
– Aysha Bagchi
Jurors see photo of Daniels with Trump
Jurors were shown a photo of Stormy Daniels and Trump together. Trump was wearing a yellow polo shirt with what Daniels described as a golf logo. He was wearing a red cap.
– Aysha Bagchi
Daniels identifies Trump, points at him in courtroom
In a question-and-answer that’s typical in courtrooms between a lawyer and a witness, Daniels was asked whether she sees Trump in the courtroom and can identify him. She pointed at Trump at his defense table as she described him wearing a navy blue suit jacket.
– Aysha Bagchi
Daniels testimony moving into meeting Trump in 2006
After describing various aspects of her life, including exploring running for office as a Republican at one point, Daniels has begun testifying about how she met Trump.
Daniels described working at a celebrity golf tournament in Lake Tahoe in July of 2006 while she was under contract as an adult film director, writer, and actress. Daniels was 27 years old, she said. She didn’t know Trump’s age, but she knew he was probably as old or older than her father.
– Aysha Bagchi
Stormy Daniels begins testifying
Adult film star Stormy Daniels has begun testifying. Prosecutor Susan Hoffinger is asking Daniels introductory questions. Daniels described growing up in Louisiana with a single mom after Daniels’ parents split up when she was four years old.
– Aysha Bagchi
Read Trump’s gag order text
Franklin testimony concludes; Stormy Daniels expected next
The prosecution and defense finished questioning publishing executive Sally Franklin. Lawyers are now speaking with the judge at his bench. Trump lawyer Susan Necheles indicated earlier that porn star Stormy Daniels is expected to be the second witness today.
– Aysha Bagchi
Trump lawyer and prosecutor wrangle over ghostwriting
Prosecutor Rebecca Mangold ended her initial questioning of Franklin. Trump defense lawyer Todd Blanche had brief cross-examination for Franklin that focused on how Trump used a ghostwriter for books. A ghostwriter is someone hired to write a piece that is credited at least in part to another person.
Mangold then asked Franklin further questions designed to undermine the suggestion that Trump wasn’t very involved in writing the books Franklin has been reading from today. Trump described in one excerpt working closely with a ghostwriter, whom he said “has heard everything.” He also acknowledged many people who worked at the publisher in an acknowledgments section.
– Aysha Bagchi
‘I always sign my checks’: Trump book excerpt
“I always sign my checks,” Trump said in a book excerpt that was read aloud by Sally Franklin. Trump explained that signing his checks is how he knows where his money is going. He said there is human and now computer error everywhere.
– Aysha Bagchi
Trump described not letting 50 cents go: Trump book excerpt
Publisher Sally Franklin read aloud a portion of a book in which Trump said a magazine ran an experiment once to see who was a cheap rich person by sending a check for 50 cents to a number of wealthy people. The Trump Organization deposited it, Trump said. He added that the magazine may call the organization cheap, but he called it watching the bottom line.
– Aysha Bagchi
Trump told financial controller he was doing a ‘lousy job’ by not questioning invoices: Trump book
Trump said in a book that he once told Jeffrey McConney, the former financial controller at the Trump Organization, that McConney was doing a “lousy job” managing Trump’s cash. That’s according to a portion of the book read aloud by Sally Franklin in the courtroom.
Even though various payments need to be made, “always question invoices” and never accept a contractor’s first bid, Trump said he told McConney, according to the book excerpt. McConney got the message and has been with Trump for a long time and is doing a terrific job, Trump added.
McConney testified yesterday that he is now retired from the Trump Organization.
– Aysha Bagchi
Trump book advice: Ask to see all invoices
Sally Franklin read aloud a portion of a Trump book that advised the reader to make sure to ask to see all the invoices when working with a decorator. Trump added, according to the testimony, that decorators are generally honest, but you should be checking regardless.
– Aysha Bagchi
Trump book: As it says in the Bible, ‘an eye for an eye’
Sally Franklin read aloud a portion of a Trump book in which Trump described having said for many years that if someone screws you, screw them back. Like it says in the Bible, “an eye for an eye,” Trump added, according to what Franklin read.
– Aysha Bagchi
Random House publishing executive testifying on Trump books
The prosecution called Sally Franklin, who is a senior vice president and executive managing editor in publishing at Penguin Random House. She is reading portions of books by Trump, prompted by questions from prosecutor Rebecca Mangold.
– Aysha Bagchi
Judge will allow Stormy Daniels to testify about alleged sex
Judge Merchan said he was satisfied about the representations prosecutor Susan Hoffinger made about the limits on what kind of testimony prosecutors will seek from Stormy Daniels about her alleged sexual encounter with Trump.
Hoffinger then repeated to the judge that the desired details about the sex act will be “very brief.”
“That’s fine,” Merchan said. He added he agrees Daniels has credibility issues, and so it’s important for the prosecution to establish her credibility by eliciting certain things around the alleged encounter. For that reason, he will allow the testimony.
– Aysha Bagchi
Stormy Daniels testimony on sexual encounter important for credibility: Prosecutor
Prosecutor Susan Hoffinger defended the importance of asking porn star Stormy Daniels for some description of her alleged sexual encounter with Donald Trump. Hoffinger agreed that really salacious details weren’t necessary, but she said the general details, including the sex act, are significant to the story and “very important” to the prosecution in terms of establishing Daniels’ credibility.
Hoffinger specifically described wanting to elicit testimony about how Daniels ended up allegedly having sex with Trump, including their alleged conversation in a hotel room. The full conversation, Hoffinger said, “is very, very important.” In terms of the actual sexual act, the desired testimony would be “very basic,” with no description of genitalia or anything of that nature, Hoffinger said.
Hoffinger added it’s important to elicit how Daniels and Trump had sex and how Daniels felt about it.
Trump defense lawyer Susan Necheles repeated her objection, saying there’s just “no need’ for those kinds of details. Necheles said there’s a real question of Daniels’ credibility. Necheles added this case is about books and records and the parties shouldn’t be getting into how Daniels felt about the alleged encounter.
– Aysha Bagchi
Who has already testified in Trump’s criminal trial?
The prosecution wrapped questioning with its 11th witness on Monday afternoon. Here is a look back at who has already taken the stand:
- David Pecker, former CEO and president of AMI, the parent company of tabloid National Enquirer
- Rhona Graff, Trump’s former executive assistant
- Gary Farro, Michael Cohen’s former banker
- Robert Browning, an executive director at C-SPAN
- Phillip Thompson who works for a deposition company
- Keith Davidson, a lawyer who represented former Playboy model Karen McDougal and porn star Stormy Daniels
- Douglas Daus a computer forensic analyst for the Manhattan District Attorney’s Office.
- Georgia Longstreet, a paralegal with Manhattan District Attorney Alvin Bragg’s office
- Hope Hicks, a former Trump aide who was the campaign press secretary in 2016
- Jeffrey McConney, the former controller at the Trump Organization
- Deborah Tarasoff, an accounts payable supervisor at the Trump Organization
Judge arrives in courtroom
Judge Juan Merchan just arrived at 9:28 a.m. EDT for the thirteenth day of this trial. As he does normally, he said a general “Good morning” to the lawyers and a specific “Good morning, Mr. Trump” to Donald Trump.
– Aysha Bagchi
Trump contends reimbursement to Cohen was ‘legal expense’
Former President Donald Trump didn’t mention porn actress Stormy Daniels as he entered the courtroom Tuesday, but again defended his payments to his former lawyer, Michael Cohen, as legal expenses.
Trump is charged with 34 counts of falsifying business records for allegedly trying to hide his reimbursement to Cohen for a $130,000 to Daniels to remain quiet before the 2016 election. But Trump contends he was paying Cohen a legal fee rather than paying hush money to Daniels, to prevent her from claiming they once had sex while was married.
“We didn’t put it down as construction costs,” Trump said. “The legal expense that we paid was put down as legal expense. There’s nothing else you could say. You don’t have to put down anything, I guess.”
During his three-minute hallway statement to reporters, Trump asked his lawyer, Todd Blanche, whether that was the correct thing to do. Blanche nodded.
–Bart Jansen
Trump team arrives in courtroom
Trump and his lawyers entered the courtroom at about 9:24 a.m. EDT. Eric Trump is here today, as he was yesterday. Alina Habba, who represented Trump in his two recent civil fraud and E. Jean Carroll trials and is a big personality defending Trump in media appearances, is also here today.
– Aysha Bagchi
Stormy Daniels to testify about payment at heart of Trump trial
After all the dreary testimony about ledgers and bookkeeping, Stormy Daniels is expected to testify Tuesday about the heart of Donald Trump’s hush money trial: a $130,000 payment to her to remain silent before the 2016 election.
Daniels, whose real name is Stephanie Clifford, claims she had sex with Trump in 2006 and that his former personal lawyer, Michael Cohen, arranged the payment to prevent her from spreading disparaging information about Trump in the closing days of the campaign.
Prosecutors contend the payment represented an unlawful campaign violation, as an in-kind contribution to influence the election.
But Trump denies they had sex and argues he was unaware of the payment by arguing his reimbursements to Cohen were for a legal retainer. Trump has also insulted Daniels’ appearance, calling her “Horseface” in a tweet.
–Bart Jansen
Who is Stormy Daniels and what is her real name?
Stormy Daniels, born Stephanie Clifford, is an adult film star.
Daniels says she had an affair with Trump in 2006, months after Melania Trump gave birth to Barron Trump. Trump’s former lawyer Michael Cohen paid her $130,000 to stay quiet about the alleged affair ahead of the 2016 presidential election.
Trump’s lawyers tried to block Daniels from being called to the witness stand, but New York Judge Juan Merchan ruled that Daniels can testify because her allegations are “inextricably intertwined” with the criminal allegations.
–Kinsey Crowley, Bart Jansen
Prosecutors arrive in the courtroom
The prosecution arrived in the courtroom at about 9:13 a.m. EDT. We are still waiting on the Trump team, the judge, and the jury.
– Aysha Bagchi
Why Stormy Daniels’ testimony could get under Trump’s skin
Porn star Stormy Daniels’ story is both salacious and embarrassing for the former president. Daniels alleges she and Trump had sex in 2006, at a time when Trump was dangling the possibility of having her on one of his “The Apprentice” brand shows. Their alleged encounter, which Trump denies, would have happened within months of Melania Trump giving birth to Barron Trump.
That’s not just an embarrassing story to be heard around the world. It could also be embarrassing when Trump is thinking about his family.
Former top Trump aide Hope Hicks testified last week that, after The Wall Street Journal reported on a hush money deal involving former Playboy model Karen McDougal, Trump wanted to ensure newspapers weren’t delivered to his and Melania Trump’s residence the day the article ran.
– Aysha Bagchi
What have we heard about Stormy Daniels so far in trial?
Multiple witnesses have testified to aspects of the alleged $130,000 payment to Stormy Daniels less than two weeks before the 2016 presidential election to keep her quiet about an alleged affair with Trump. Daniels’ former lawyer, Keith Davidson, said he believed Daniels was going to go public after the Trump team initially failed to pay the agreed-upon settlement.
Whether the Daniels and Trump actually had sex – which Trump denies – is beside the point in the prosecution’s case. Prosecutors allege Trump falsified business records tied to the hush money Daniels was paid in order to conceal or commit another crime. Having an affair isn’t a crime.
Still, Trump lawyer Todd Blanche made a big point of denying Daniels’ allegation in his opening statement in the trial. He told jurors that paying Daniels to not spread “false – false – claims” about Trump isn’t a crime, repeating and emphasizing “false.”
Earlier in the trial, Trump’s former executive assistant Rhona Graff testified to seeing Daniels in the reception area of a Trump building for an appointment. Graff also said she created a contact information entry on Daniels for Trump, and recalled some discussion about potentially casting Daniels on one of “The Apprentice” brand shows.
– Aysha Bagchi
Stormy Daniels likely to testify Tuesday: reports
Porn star Stormy Daniels, whose real name is Stephanie Clifford, is likely to take the witness stand Tuesday, multiple outlets reported.
Clark Brewster, a lawyer for Daniels, told the Associated Press she is “likely” to be called to testify. The New York Times reported shortly after 8:30 a.m. she has arrived at the courthouse.
Trump complained on Truth Social Tuesday morning, saying he was recently told who today’s witness is and it gave “no time for lawyers to prepare.” The post has since been deleted.
Why did Merchan issue a gag order?
Judge Juan Merchan gagged Trump based on what the judge described as a history of “inflammatory” statements about people tied to Trump’s legal cases.
In one post prosecutors noted in their request for a gag order, Trump shared photo to his millions of Truth Social followers in which he was holding a baseball bat to the back of Manhattan District Attorney Alvin Bragg’s head.
Merchan wrote that Trump’s past statements made people tied to his cases fearful and increased security needs.
– Aysha Bagchi
What did prosecutors try to prove Monday?
Prosecutors introduced testimony on checks to Michael Cohen in 2017 that were allegedly falsified in order to conceal a reimbursement for an unlawful hush money payment ahead of the 2016 election. The checks form a portion of the 34 counts Trump faces of falsifying business records.
While the checks were actually mostly reimbursing hush money, they were labeled as monthly payments for legal expenses totaling $420,000 across 2017, according to prosecutors. A lawyer for Trump denied that claim at the start of the trial.
Many of the checks were cut from Donald Trump’s personal bank account and therefore required his signature, according to Deborah Tarasoff, who is the Trump Organization’s accounts payable supervisor. She testified yesterday that she recognized Trump’s signature on those checks.
– Aysha Bagchi
Why was Michael Cohen paid $420,000?
The series of checks Cohen received in 2017 – which were labeled as legal expense payments – totaled $420,000. Why was Cohen paid that amount? According to Cohen’s Feb. 2019 testimony to Congress, the $420,000 included:
- A $180,000 reimbursement for the $130,000 hush money he paid to to Stormy Daniels and for $50,000 he claimed he was owed for campaign-related “tech services”;
- Another $180,000 based on the idea that he would pay 50% taxes on the reimbursement money, and should still be left with the full $180,000; and
- A $60,000 bonus.
Trump’s defense team seems poised to tell a different story. Trump lawyer Todd Blanche said during opening statements that a series of payments from Trump to Cohen weren’t payback for Cohen paying porn star Stormy Daniels to keep quiet about an alleged sexual encounter with Trump. Trump denies Daniels’ claim.
– Aysha Bagchi
