First witness testifies in Trump hush money trial following opening statements
Summary
TLDRIn a groundbreaking legal event, former President Donald Trump is on trial for criminal charges related to hush money payments made to adult film star Stormy Daniels during the 2016 election. The trial, which marks the first time a former U.S. president has faced criminal allegations, centers around 34 counts of falsifying business records. The prosecution alleges a criminal conspiracy involving Trump, his former attorney Michael Cohen, and David Pecker, the former publisher of the National Enquirer. The defense counters that Trump was unaware of the payments and that the financial transactions were legitimate legal expenses. The trial is expected to last five to seven weeks, with key witnesses including Pecker, Cohen, and potentially Daniels herself. The outcome could significantly impact the political landscape, as Trump is also a presumptive nominee for the upcoming presidential election.
Takeaways
- ๐ฐ Former President Donald Trump is standing trial for criminal charges related to hush money payments, marking the first time a former president has faced such a situation.
- ๐ผ Trump has pleaded not guilty to 34 counts of falsifying business records in connection to a 2016 payment made to adult film star Stormy Daniels to keep quiet about an alleged affair.
- ๐ง The prosecution alleges a criminal conspiracy and intends to prove that Trump directed payments to Stormy Daniels and later reimbursed his lawyer, Michael Cohen, for those payments.
- ๐ค David Pecker, former publisher of the "National Enquirer," is a crucial witness for the prosecution and is expected to testify about a 2015 meeting with Trump and Cohen.
- ๐ Trump's defense argues that the case is about financial records and that Trump was simply compensating his personal lawyer, not engaging in a cover-up.
- ๐ The prosecution has corroborating evidence including emails, text messages, phone calls, and a bank transaction trail that they say supports their case.
- ๐๏ธ Trump's defense team has questioned the credibility of Michael Cohen, who has a history of campaign finance violations and served prison time.
- ๐ซ The judge has allowed the prosecution to introduce previous trial determinations against Trump, which could impact the jury's perception of his credibility.
- ๐ค The defense is considering Trump's potential testimony, which would bring into question his previous public statements and require him to address specific case details.
- ๐ The trial is expected to last five to seven weeks, with other key witnesses including Stormy Daniels and Michael Cohen yet to take the stand.
- ๐ The ongoing trial and its outcome may have implications for Trump's presidential campaign, although the extent of this impact is still uncertain.
Q & A
What is the nature of the charges against former President Donald Trump?
-Former President Donald Trump is standing trial for criminal charges related to falsifying business records. These charges are in connection with a 2016 payment made to adult film star Stormy Daniels to keep her quiet about an alleged sexual encounter, which the former president has denied.
Who is David Pecker and what is his role in the case?
-David Pecker is the former publisher of the 'National Enquirer.' He is a crucial witness for the prosecution and has agreed to work with federal investigators. He is expected to discuss a 2015 meeting with Michael Cohen and Donald Trump, outlining a 'catch and kill' scheme to handle salacious stories like that of Stormy Daniels.
What is the significance of the 'catch and kill' scheme mentioned in the trial?
-The 'catch and kill' scheme is significant as it is the alleged plan concocted by Michael Cohen, Donald Trump, and David Pecker to acquire and suppress potentially damaging stories, such as that of Stormy Daniels, ahead of the 2016 election. The scheme is central to the prosecution's case for a criminal conspiracy.
What does the defense argue regarding the payments made to Stormy Daniels?
-The defense argues that Donald Trump did not commit any crime and that the payments to Stormy Daniels were not hush money to cover up her story before the 2016 election. Instead, they claim it was a legal payment to Michael Cohen as Trump's personal lawyer.
What evidence does the prosecution have to support their case?
-The prosecution has corroborating evidence through emails, text messages, phone calls, and bank records. They also have phone call records between Donald Trump and Michael Cohen around the time the payment to Stormy Daniels was arranged.
What is the potential impact of this trial on Donald Trump's presidential campaign?
-While it is difficult to predict the exact impact, the trial could affect public perception and voter sentiment. The former president has claimed that he would otherwise be out campaigning and has suggested that the trial is part of political persecution. However, recent polling indicates that about 50% of people believe he is being treated fairly under the law.
What is the current stance on the gag order that has been mentioned?
-The gag order is a partial restriction on what can be said publicly about the case. It has been a point of contention for the former president, who has claimed it is unfair. There is an upcoming hearing regarding potential violations of the gag order.
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What is the role of Michael Cohen in this trial?
-Michael Cohen, former personal lawyer to Donald Trump, is expected to be a key witness in the trial. The defense has questioned his credibility, and the prosecution is preparing to counter any attacks on his character during the trial.
What is the significance of the judge's decision to allow previous trial determinations against Donald Trump?
-The judge's decision allows the prosecution to introduce evidence of previous legal findings against Donald Trump, including a defamation case and a civil fraud trial, to establish a pattern of behavior and potentially influence the jury's perception of his credibility.
How does the defense plan to counter the prosecution's case?
-The defense plans to argue that the financial transactions in question were legitimate legal expenses and that those responsible for maintaining the financial records within the Trump Organization were the ones accountable for their accuracy.
What is the timeline for the trial and what can we expect next?
-The trial is expected to last between five to seven weeks. The next steps include further testimonies from witnesses, including Stormy Daniels and Michael Cohen, with David Pecker resuming his testimony the following day.
What is the potential outcome of the trial for Donald Trump?
-The outcomes of the trial could range from Donald Trump being found guilty, found innocent, or potentially a hung jury. The trial's result will significantly impact his legal fate and possibly his presidential campaign.
Outlines
๐ Opening Statements and Testimony Begin in Trump Criminal Trial
Former President Donald Trump's criminal hush money trial commences with opening statements from both the prosecution and defense. The prosecution alleges a criminal conspiracy involving Trump, Michael Cohen, and David Pecker, the former publisher of the National Enquirer. The case revolves around a 2016 payment to adult film star Stormy Daniels to keep quiet about an alleged affair, which Trump denies. Trump has pleaded not guilty to 34 counts of falsifying business records. The defense argues that Trump was unaware of the payment and that it was a legal fee to his personal lawyer, Cohen. David Pecker is set to testify as a crucial witness for the prosecution, discussing a 2015 meeting with Trump and Cohen.
๐ Prosecution's Evidence Includes Phone Calls, Texts, and Emails
The prosecution in Trump's criminal trial has strong corroborating evidence to support their case, including emails, text messages, and phone calls. Key among this evidence are two phone calls between Trump and his former lawyer Michael Cohen in October 2016, after which Cohen allegedly set up a bank account and wired $130,000 to Stormy Daniels. The defense argues that the case is about financing and maintaining financial records, asserting that those responsible for keeping the records in the Trump Organization should be held accountable, not Trump. The defense also emphasizes Trump's innocence and attempts to relate him to the jury as a relatable father and husband.
๐คต David Pecker's Testimony and the Alleged Conspiracy
David Pecker, former publisher of the National Enquirer, is a critical witness for the prosecution in Trump's criminal trial. Pecker corroborates Michael Cohen's testimony and supports the alleged conspiracy between Trump, Cohen, and Pecker to suppress scandalous stories during the 2016 election. The prosecution aims to downplay Cohen's lack of credibility by highlighting Pecker's testimony and the documentary evidence that corroborates it. The defense may argue that Pecker is biased due to his cooperation with the government.
๐ซ Trump's Testimony, Gag Order, and Impact on Presidential Campaign
Trump has indicated he may testify in his own defense during the criminal trial. However, he has not answered specific questions about the case, including his knowledge of the $130,000 payment to Stormy Daniels. The judge has allowed the prosecution to introduce evidence of previous trial determinations against Trump, which could impact his credibility. The trial's impact on Trump's presidential campaign remains to be seen, though recent polling suggests about half of the public believes he is being treated fairly under the law. The partial gag order in place limits Trump's public comments about the case but allows him to speak out in campaign settings. A hearing on potential violations of the gag order is set for the following day.
Mindmap
Keywords
๐กNBC News Special
๐กJury
๐กCriminal Conspiracy
๐กFalsifying Business Records
๐กHush Money
๐กDavid Pecker
๐กCatch and Kill Scheme
๐ก
๐กDistrict Attorney's Office
๐กFinancial Fraud Allegations
๐กGag Order
๐กPolitical Persecution
Highlights
NBC News reports on the criminal hush money trial of former President Donald Trump, marking the first time a former president has faced criminal charges.
Trump has pleaded not guilty to 34 counts of falsifying business records related to a 2016 payment to adult film star Stormy Daniels.
David Pecker, former publisher of the National Enquirer, is a crucial witness for the prosecution and is expected to discuss a 2015 meeting with Trump and Michael Cohen.
The prosecution alleges a conspiracy where Trump directed payments to Stormy Daniels and later reimbursed Michael Cohen for those payments.
The defense argues that Trump was unaware of the specifics of the payments and that they were made as part of his legal fees to Cohen.
The trial could last between five to seven weeks, with key witnesses including Stormy Daniels and Michael Cohen.
The defense team questions the credibility of Michael Cohen, who previously served as Trump's personal lawyer.
The prosecution has corroborating evidence through emails, text messages, phone calls, and bank records.
The case involves a 'catch and kill' scheme planned by Trump, Cohen, and Pecker to suppress scandalous stories.
Trump's defense team argues that the financial transactions were legal and that Trump was compensating Cohen for his services as his personal lawyer.
The prosecution is expected to introduce previous trial determinations against Trump to challenge his credibility.
The judge has allowed the prosecution to present evidence of Trump's alleged pattern of dishonesty in court.
The trial's outcome could have significant implications for Trump's potential run for president in the upcoming election.
Public opinion polls suggest that about 50% of people believe Trump is being treated fairly under the law.
The gag order's violation hearing is set for the next day, with potential incremental penalties for Trump if violations continue.
Trump's ability to campaign may be affected by the trial, although he could potentially hold events on non-court days.
The defense attempts to humanize Trump by emphasizing his roles as a father and husband, and his status as a New Yorker.
The prosecution's case is built not just on witness testimony but also on a substantial paper trail and phone call records.
Transcripts
โช
โช
>>> THIS IS AN NBC NEWS SPECIAL
REPORT.
HERE'S LESTER HOLT.
>> GOOD DAY, EVERYONE, WE'RE
COMING ON THE AIR WITH BREAKING
NEWS IN NEW YORK.
THE JURY IN FORMER PRESIDENT
DONALD TRUMP'S CRIMINAL HUSH
MONEY TRIAL JUST HEARD TESTIMONY
FROM THE FIRST WITNESS IN THE
CASE AFTER OPENING STATEMENTS
WRAPPED UP FROM BOTH SIDES.
THE PROSECUTION LAYING OUT ITS
CASE FOR WHAT IT CALLS A
CRIMINAL CONSPIRACY AS THE
DEFENSE PREVIEWS HOW IT PLANS TO
REFUTE THAT.
THIS IS THE FIRST TIME A FORMER
PRESIDENT AND A PRESUMPTIVE
NOMINEE IS STANDING TRIAL FOR
CRIMINAL CHARGES.
MR. TRUMP PLEADED NOT GUILTY TO
34 COUNTS OF FALSIFYING BUSINESS
RECORDS.
THOSE COUNTS ARE RELATED TO A
2016 PAYMENT MADE TO ADULT FILM
STAR STORMY DANIELS TO KEEP HER
QUIET ABOUT AN ALLEGED SEXUAL
ENCOUNTER, ALL OF WHICH THE
FORMER PRESIDENT HAS DENIED.
WE WANT TO GO RIGHT NOW OUTSIDE
THE COURTHOUSE, NBC'S VAUGHN
HILLYARD IS THERE.
VAUGHN, WHAT CAN WE EXPECT NEXT
IN THE CASE?
>> Reporter: LESTER, THIS IS AN
INTENSE THREE HOURS, AND DAVID
PECKER WILL TAKE THE STAND
TOMORROW AGAIN AFTER TESTIFYING
FOR 30 MINUTES HERE BEFORE THIS
JURY OF 12 AND 6 ALTERNATES.
DAVID PECKER WAS THE FORMER
PUBLISHER OF THE "NATIONAL
ENQUIRER."
HE IS A CRUCIAL WITNESS FOR THE
PROSECUTION.
HE HAD ALREADY AGREED TO WORK
WITH FEDERAL INVESTIGATORS IN
THE PAST AND IS NOW ON THE STAND
HERE TODAY.
HE HAS ALREADY BEGUN HIS
TESTIMONY HERE IN WHICH
PROSECUTORS HAVE OUTLINED THAT
HE WILL DISCUSS A 2015 MEETING
BETWEEN MICHAEL COHEN, DONALD
TRUMP, AND HIMSELF.
THIS WAS JUST TWO MONTHS AFTER
HE LAUNCHED HIS PRESIDENTIAL
BID.
THIS IS WHERE THE THREE OF THESE
INDIVIDUALS PROSECUTORS WILL
OUTLINE CONCOCTED A CATCH AND
KILL SCHEME PLAN TO CATCH
SALACIOUS STORIES LIKE THAT OF
STORMY DANIELS, WHO IN OCTOBER
OF 2016 WHEN SHE CAME FORWARD TO
THE "NATIONAL ENQUIRER," THE
"NATIONAL ENQUIRER" IN TURN
CONTACTED MICHAEL COHEN WHO THEN
PAID HER $130,000 JUST TWO WEEKS
BEFORE THE 2016 ELECTION.
THE D.A.'S OFFICE FROM DISTRICT
ATTORNEY ALVIN BRAGG'S TEAM HAVE
OUTLINED HERE OVER THE COURSE OF
45 MINUTES IN OPENING STATEMENTS
THAT THEY INTEND TO SHOW THAT
THERE IS A CONSPIRACY, THAT
DONALD TRUMP DIRECTED THE
PAYMENTS IN 2016 WEEKS BEFORE
THE ELECTION TO STORMY DANIELS,
AND THAT HE WOULD THEN IN TURN
IN 2017 REIMBURSE MICHAEL COHEN
FOR THOSE PAYMENTS.
THE WHAT DID DONALD TRUMP KNOW
AND DIDN'T KNOW IS AT THE HEART
OF THIS CASE.
BACK IN 2016 WHEN THIS CASE
BECAME PUBLIC, HE INITIALLY
DENIED THAT HE WAS AWARE OF THE
STORMY DANIELS PAYMENT OF
$130,000, BUT WHAT YOU ARE HEARD
FROM HIS DEFENSE TEAM WHEN THEY
TOOK THE OPPORTUNITY TO PUT
FORWARD THEIR OPENING STATEMENTS
OVER 35 MINUTES, HIS DEFENSE
LAWYER OUTLINED THAT DONALD
TRUMP WAS A SYMPATHETIC FIGURE
IN THIS, THAT HE DID NOT COMMIT
ANY CRIME, THAT HE COMPENSATED
MICHAEL COHEN AS HIS PERSONAL
LAWYER, THAT IT WAS NOT A
REPAYMENT TO COVER UP THE STORMY
DANIELS' STORY BEFORE THE 2016
ELECTION, BUT HE WAS SIMPLY
PAYING HIM AS HIS PERSONAL
LAWYER.
HE TOLD THE JURY -- THIS WAS
DONALD TRUMP'S ATTORNEY -- THAT
THEY SHOULD IGNORE THE TESTIMONY
FROM THE LIKES OF STORMY DANIELS
WHEN SHE TAKES THE STAND SAYING
YOU'RE GOING TO HEAR SALACIOUS
MATERIAL ABOUT ALLEGED AFFAIRS
AND AN ATTEMPTED HUSH MONEY
PAYMENT, BUT NONE OF THAT
MATTERS BECAUSE AT THE HEART OF
THIS IS OVER FINANCIAL RECORDS
AND THAT DONALD TRUMP WAS NOT
THE ONE THAT ULTIMATELY WAS
RESPONSIBLE FOR THOSE ACTS.
AND SO THIS IS GOING TO BE AN
INTENSE FIVE TO SEVEN-WEEK TRIAL
HERE.
TOMORROW THEY WILL RETURN TO
COURT FOR SEVERAL HOURS BEFORE
WE LOOK AT OTHER WITNESSES
INCLUDING STORMY DANIELS AND OF
COURSE, MICHAEL COHEN WHOM THE
DEFENSE TEAM FOR DONALD TRUMP
ALREADY WAS QUESTIONING THE
CREDIBILITY OF SAYING THAT
MICHAEL COHEN'S TRUE INTENT HERE
IS JUST TO GET DONALD TRUMP AND
GET HIM INTO JAIL AFTER THOSE
TWO, BEING THE FORMER LAWYER,
FORMER FIXER, THE TWO OF THEM
PARTED WAYS AS ALL OF THIS CAME
TO LIGHT IN 2018.
FOR DONALD TRUMP AND HIS PART
INSIDE OF THAT COURTROOM FOR
LONG PERIODS OF TIME, HE KEPT
HIS EYES SHUT, BUT AT OTHER
MOMENTS, HE WAS LOOKING AT HIS
DEFENSE LAWYER TODD BLANCHE AS
HE BEGAN TO MAKE HIS CASE TO THE
JURY.
AND HE ALSO TURNED AROUND AND
LOOKED AT THE GALLERY, LOOKED AT
THOSE WHO WERE IN THE ROOM.
HE ATTEMPTED TO MAKE EYE CONTACT
WITH DAVID PECKER, THAT
"NATIONAL ENQUIRER" PUBLISHER
WHO WAS A LONG-TIME, ONE-TIME
FRIEND OF HIS.
THIS FOR HIM IS GOING TO BE A
LONG HAUL HERE, BUT ONE THAT
COULD ULTIMATELY LEAD TO HIM AND
HIS LEGAL FATE EITHER BEING
FOUND GUILTY OR INNOCENT OR THE
VERY REAL POTENTIAL OF A HUNG
JURY.
THE FIRST WITNESS TAKE THE STAND
IN WHAT IS A MONUMENTAL DAY FOR
DONALD TRUMP, THE FORMER
PRESIDENT'S CRIMINAL TRIAL.
>> DID YOU HEAR ANYTHING FROM
THE OTHER SIDE THAT SUGGESTS
SOMETHING NEW IN HOW THEY WANT
TO FRAME THIS CASE FOR THE JURY?
>> Reporter: THE QUESTION WAS
ABOUT THE EVIDENCE AND TESTIMONY
THAT THE PROSECUTION WAS GOING
TO BE ABLE TO BRING FORWARD
BECAUSE IF YOU JUST TAKE DAVID
PECKER, THAT MAN WHO WAS AT
TRUMP TOWER WITH MICHAEL COHEN,
WITH DONALD TRUMP, THE QUESTION
WAS WHAT KIND OF TESTIMONY AND
EVIDENCE WOULD HE BE ABLE TO
PROVIDE?
BECAUSE HE HAS NEVER DONE A
PUBLIC INTERVIEW.
HE HAS NEVER PUBLICLY DISCUSSED
THIS, BUT WHAT THE PROSECUTION
OUTLINED IS THAT THEY HAVE
CORROBORATING EVIDENCE THROUGH
EMAILS AND TEXT MESSAGES AND
PHONE CALLS.
THEY EVEN HAVE GOING BACK TO
OCTOBER 26th OF 2016 A PHONE
CALL, TWO PHONE CALLS THAT TOOK
PLACE BETWEEN DONALD TRUMP AND
MICHAEL COHEN IN WHICH THEY
ALLEGE THAT MICHAEL COHEN JUST
AFTER THOSE PHONE CALLS WENT TO
A BANK, SET UP A BANK ACCOUNT IN
THE FOLLOWING DAY, WIRED
$130,000 TO STORMY DANIELS.
SO THE PROSECUTION IS MAKING THE
CASE THAT THIS IS MORE THAN JUST
THE TESTIMONY OF MICHAEL COHEN
BURKS WE HAVE
BUT WE HAVE THE RECORDS.
THE QUESTION IS DO THEY HAVE
ENOUGH TO MAKE DONALD TRUMP THE
TRUE CRIMINAL DEFENDANT HERE AS
HIS DEFENSE TEAM HAS MADE THE
CASE, LESTER, THAT THIS WAS A
MATTER OF FINANCING AND THAT
THOSE IN THE TRUMP ORGANIZATION
WHO WERE RESPONSIBLE FOR KEEPING
THOSE FINANCIAL RECORDS, IT WAS
INCUMBENT ON THEM ON HOW THOSE
RECORDS WERE ACTUALLY MAINTAINED
AND THAT LEGAL EXPENSES CHRKS IS
IS AT THE HEART OF THE FINANCIAL
FRAUD ALLEGATIONS THAT ARE BEING
MADE AGAINST DONALD TRUMP HERE,
THAT THOSE DENOTATIONS OF LEGAL
EXPENSES WERE FAIR AND JUST
BECAUSE THAT IS WHAT DONALD
TRUMP THOUGHT THAT HE WAS
ACTUALLY USING MICHAEL COHEN FOR
AND THAT THE IDEA OF REPAYING
HIM FOR A HUSH MONEY PAYMENT WAS
NOT AT THE FOREFRONT OF DONALD
TRUMP'S MIND WHILE HE WAS
SITTING IN THE OVAL OFFICE
THROUGHOUT THE YEAR OF 2017.
>> ALL RIGHT, VAUGHN, I'M GOING
TO ASK YOU TO STAND BY.
LET ME BRING IN FOR MORE, OUR
SENIOR WASHINGTON CORRESPONDENT
HALLIE JACKSON, AND NBC NEWS
LEGAL ANALYST, DANNY CEVALLOS.
GOOD TO HAVE YOU BOTH HERE.
HALL
HALLIE, FIRST OFF, FRAME WHAT WE
HAVE HEARD TODAY.
>> THE PROSECUTION IS
ESSENTIALLY LOOKING TO LAY OUT
THE CASE, AND YOU HEARD THIS
COME UP A COUPLE OF TIMES IN THE
OPENING STATEMENTS TODAY, THAT
THIS GOES BEYOND SIMPLY WHAT WE
ALL SHORTHAND IT AS THE HUSH
MONEY TRIAL, THAT THIS WAS ABOUT
ELECTION INTERFERENCE.
THEY DID SOMETHING INTERESTING,
THEY TOOK THIS PHRASE THAT IN
MANY WAYS THE FORMER PRESIDENT
HAS CO-OPTED, THIS IDEA OF
ELECTION FRAUD AND THEY TRIED TO
FLIP IT AND USE IT AGAINST
DONALD TRUMP IN THESE OPENING
STATEMENTS, DESCRIBING WHAT HE
DID AS ILLEGAL ELECTION FRAUD,
THAT HE TRIED TO COVER UP ALONG
WITH MICHAEL COHEN AND DAVID
PECKER THIS, YOU KNOW, MONEY TO
COVER UP AN ALLEGED SEX SCANDAL.
WHAT THE DEFENSE DID WAS TRY TO
TAKE THAT BACK.
YOU HEARD THIS VERY INTERESTING
LINE FROM TODD BLANCHE, THE LEAD
ATTORNEY THERE FOR THE FORMER
PRESIDENT WHO SAID SPOILER
ALERT, THERE'S NOTHING WRONG
WITH TRYING TO INFLUENCE AN
ELECTION.
IT'S CALLED DEMOCRACY.
KIND OF AN EXTRAORDINARY LINE TO
HEAR FROM THE FORMER PRESIDENT'S
TEAM, AND SO THE DEFENSE CAME
BACK, BLANCHE SAID THAT, BUT
ALSO TRIED TO MAKE DONALD TRUMP
SEEM SUPER RELATABLE.
THAT WAS STRIKING AT SEVERAL
MOMENTS FOR THE DEFENSE'S
OPENING STATEMENTS TALKING
ABOUT, SURE, HE'S THE FORMER
PRESIDENT, BUT HEY, HE'S JUST
LIKE US.
HE'S A FATHER.
HE'S A HUSBAND, YOU KNOW, WE'RE
ALL NEW YORKERS HERE.
WE ALL GET IT.
TRYING TO ESTABLISH THAT
PERSONAL RELATIONSHIP WITH THE
JURY IN HOPES THAT THAT COULD
SERVE THE DEFENSE TEAM OVER THE
COURSE OF THE NEXT SIX WEEKS
THERE.
WHAT I'M GOING TO BE WATCHING
FOR, YOU ASKED ABOUT WHAT COULD
BE NEW HERE, AND YOU HEARD
VAUGHN ALLUDE TO SOME OF THIS,
THE PROSECUTION HAS RECEIPTS.
THEY'RE ALLUDING TO A TAPE WITH
THE FORMER PRESIDENT'S VOICE ON
IT.
THEY'RE ALLUDING TO A PHOTOGRAPH
FROM THE OVAL OFFICE OF DONALD
TRUMP WITH MICHAEL COHEN.
THEY'RE GOING TO TRY TO PROVE
THAT MICHAEL COHEN, STORMY
DANIELS, THAT THE PAPER
DOCUMENTS, THE EVIDENCE, THE
PAPER TRAIL PROVES THEIR CASE.
>> SO DANNY, THEY'RE GOING TO
SAY, THE DEFENSE IS GOING TO SAY
THERE'S NO CRIME HERE?
>> THEY'RE GOING TO DO THAN
THAT.
THEY ACTUALLY OPENED WITH HE'S
INNOCENT.
WHICH IS AN INTERESTING CHOICE
OF WORDS.
INNOCENCE IS NOT DETERMINED AT
CRIMINAL TRIAL, GUILTY OR NOT
GUILTY.
SOMETIMES IF YOU FEEL THAT YOUR
CASE IS PARTICULARLY STRONG, YOU
MAY TRY TO ESSENTIALLY ARGUE
INNOCENCE TO THE JURY.
MY CLIENT IS SO NOT GUILTY THAT
HE'S INNOCENT, AND THEY
ESSENTIALLY OPENED WITH THAT.
WE ALREADY GOT A PREVIEW AND
THERE WERE NO SURPRISES.
THEY'RE GOING TO POINT TO
MICHAEL COHEN AS SOMEBODY WHO IS
NOT CREDIBLE.
THEY'RE GOING TO POINT TO STORMY
DANIELS AS SOMEONE WHO IS NOT
CREDIBLE, ALTHOUGH YOU COULD
ARGUE THAT STORMY DANIELS IS
ALMOST NOT NECESSARY AS A
WITNESS IN THIS CASE.
HER INVOLVEMENT IS KIND OF
TANGENTIAL
TANGENTIAL.
THE AFFAIR ITSELF IS NOT
CRITICAL TO WHETHER OR NOT IT
ACTUALLY HAPPENED FOR THIS CASE.
SO REALLY WHAT WE GOOD PREVIEW
OF IS EXACTLY WHAT WE EXPECTED
FROM THE PROSECUTION.
THEY GOT OUT IN FRONT OF WHAT
THEY CONSIDER THEIR MICHAEL
COHEN ISSUE, THAT HE MIGHT HAVE
CREDIBILITY RNS. ISSUES.
IN THE SPECTRUM OF COOPERATING
WITNESSES, MICHAEL COHEN, WHO IS
NOT TECHNICALLY A COOPERATING
WITNESS, HE'S PROBABLY ON THE
LOW END OF LACK OF CREDIBILITY.
MOST COOPERATES WITNESSES ARE
BROUGHT IN FROM THE PRISON IN
SHACKLES, AND THEY HAVE TONS OF
ISSUES WITH CREDIBILITY AND
CRIMINALITY.
BUT AS THE PROSECUTION WILL SAY,
AS THEY ALWAYS SAY, IT'S A
STANDARD LINE, WE DIDN'T CHOOSE
THIS WITNESS.
THE DEFENDANT CHOSE THIS
WITNESS.
BUT, YOU KNOW, AS THIS -- THE
OPENINGS COME TO A CLOSE, I
THINK ALL EYES ARE ON THE STAR
WITNESS, AND I DON'T THINK I
MEAN MICHAEL COHEN ANYMORE.
I THINK DAVID PECKER IS GOING TO
BE A CRITICAL WITNESS BECAUSE,
NUMBER ONE, HE CORROBORATES
MICHAEL COHEN.
HE ESTABLISHES THE ALLEGED
CONSPIRACY, AND HE CORROBORATES
A LOT OF DIFFERENT DOCUMENTS
THAT ARE GOING TO SUPPORT
WITNESSES LIKE MICHAEL COHEN.
THE GOVERNMENT, THE PROSECUTION
HAS A WAY OF MAKING MICHAEL
COHEN'S LACK OF CREDIBILITY A
MINIMAL ISSUE, AND IT LOOKS LIKE
THEY'RE GOING RIGHT IN THAT
DIRECTION.
>> THE PROSECUTION MADE AN
EFFORT TO POINT THUTOUT THAT DAV
PECKER HAD BROUGHT A LAWYER TO
THE COURTROOM WITH HIM.
IS THERE SOME STRATEGY IN THAT?
>> NOT NECESSARILY.
WHAT YOU WANT TO DO IS IF YOU'RE
THE STATE AND YOU HAVE A
COOPERATING WITNESS, YOU DON'T
WANT TO LOOK LIKE YOU'RE TOO
HAND IF HAND WITH THAT WITNESS.
I'LL GIVE YOU SOME OF THE
STANDARD LINES AS A DEFENSE
ATTORNEY THAT YOU'RE GOING TO
HIT THAT COOPERATING WITNESS
WITH, WHICH IS ESSENTIALLY FRAME
THEM AS DOING ANYTHING THEY CAN
TO PLEASE THEIR CAPTORS AND
THEIR CAPTORS ARE THE GOVERNMENT
WHO HAVE OFFERED THEM A DEAL.
THEY'VE GOTTEN HAND IN HAND WITH
THE DEVIL.
THEY'RE TOO COZY WITH
PROSECUTORS.
THIS IS A COMMON THEME WHEN
YOU'RE ATTACKING CORROBORATING
WITNESSES OR PEOPLE TESTIFYING
FOR THE GOVERNMENT.
TORD NAR
THE STATE WILL HAVE PREPARED
THEIR WITNESSES FOR THIS.
THEY'LL HAVE AN ANSWER FOR THAT
IN CROSS EXAMINATION, THAT'S
PROBABLY WHAT YOU'LL SEE.
>> I WANT TO GO BACK TO VAUGHN
FOR A MOMENT.
WE KNOW THE FORMER PRESIDENT HAD
MENTION ADD COUPLE OFED A COUPLE
HE WOULD TESTIFY.
I ASSUME THAT DECISION
OFFICIALLY IS STILL WEEKS AWAY,
BUT WHAT DO WE KNOW ABOUT THAT?
>> Reporter: RIGHT, DONALD
TRUMP'S CREDIBILITY, LESTER, IS
GOING TO BE CRITICAL HERE FOR
THIS JURY WHEN THEY'RE
DETERMINING THE EXTENT TO WHICH
HE IS GUILTY OR INNOCENT HERE.
AND YOU SAID TWO TIMES NOW
ALREADY IN THE LAST WEEK HE HAS
MADE CLEAR THAT HE WOULD TESTIFY
IN HIS OWN DEFENSE, BUT THERE
ARE NUMEROUS QUESTIONS THAT
DONALD TRUMP HAS NEVER PUBLICLY
OR PRIVATELY, INCLUDING INSIDE
OF A COURTROOM, ANSWERED WHEN IT
COMES TO THE SPECIFICS OF THIS
CASE.
AND ONE OF THOSE COMES DOWN TO
THE FACT THAT IN JANUARY OF
2018, THAT IS WHEN THE WALL
STREET JOURNAL FIRST REPORTED
ABOUT THE MICHAEL COHEN AND
STORMY DANIELS $130,000
ARRANGEMENT, MORE THAN A YEAR
INTO HIS PRESIDENCY, JANUARY OF
2018, WHEN DONALD TRUMP WAS
FIRST ASKED ABOUT IT IN APRIL OF
2018 ON AIR FORCE ONE, HALLIE
WAS COVERING HIS WHITE HOUSE AT
THE TIME.
DONALD TRUMP WAS ASKED
SPECIFICALLY, DID YOU KNOW ABOUT
THE $130,000 PAYMENT TO STORMY
DANIELS.
DONALD TRUMP REPLIED NO.
HE THEN WENT ON TO SAY, QUOTE,
YOU'LL HAVE TO ASK MICHAEL
COHEN.
MICHAEL IS MY ATTORNEY.
YOU'LL HAVE TO ASK MICHAEL, AND
SO DONALD TRUMP WILL HAVE TO
WEIGH KNOWING THAT HE WILL GET
THESE QUESTIONS AND DEPENDING ON
WHAT THE PROSECUTION HAS IN
TERMS OF EVIDENCE AND TESTIMONY
FROM THE LIKES OF DAVID PECKER,
THAT THEY ARE GOING TO BE ABLE
TO REPLAY THOSE VERY COMMENTS
FROM DONALD TRUMP IN 2018 AND
PUT THEM SIDE BY SIDE TO
COMMENTS THAT HE MADE IN 2016.
ONE OTHER NOTE ON HIS
CREDIBILITY, THERE IS A MAJOR
DECISION EARLIER THIS MORNING AS
WELL BY THE JUDGE.
JUDGE MERCHAN MADE THE
DETERMINATION THAT THE
PROSECUTION WILL BE ABLE TO
INTRODUCE TO THE JURY PREVIOUS
TRIAL DETERMINATIONS AGAINST
DONALD TRUMP, NAMELY TWO OF
THOSE BEING IN JUST THE LAST
YEAR, THE E. JEAN CARROLL
DEFAMATION CASE AS WELL AS THE
CIVIL FRAUD TRIAL IN WHICH JUDGE
ENGORON JUST THIS YEAR FOUND
THAT HE AND THE TRUMP
ORGANIZATION HAD ENGAGED
REPEATEDLY IN FINANCIAL FRAUD.
THOSE CASES WHICH THE JUDGE IS
GOING TO ALLOW THE PROSECUTION
TO BRING FORWARD IN FRONT OF THE
JURY WILL ALLOW THEM TO TELL THE
JURY THAT DONALD TRUMP'S
CREDIBILITY AND HIS PENCHANT FOR
LYING AND NOT BEING WHOLLY
TRUTHFUL ARE GOING TO BE KEY TO
UNDERSTANDING THAT DONALD
TRUMP'S DEFENSE AND HIS LEGAL
TEAM'S DEFENSE ARE NOT ALL THAT
CREDIBLE WHEN YOU LOOK AT HIM IN
THE ENTIRETY OF THE LAST DECADE
THAT STARTED IN AUGUST 2015,
WHEN THAT TRUMP TOWER MEETING
WHICH DONALD TRUMP HAS NOT
PUBLICLY COMMENTED ON, ALL THE
WAY INTO 2017 WHEN DAVID PECKER,
THE "NATIONAL ENQUIRER"
PUBLISHER WAS INVITED TO THE
WHITE HOUSE FOR A DINNER THAT
THE D.A.'S OFFICE SAYS WAS
ARRANGED FOR DONALD TRUMP, THE
THEN PRESIDENT, TO THANK DAVID
PECKER FOR HIS EFFORTS TO SQUASH
THOSE SALACIOUS STORIES FROM
KAREN McDOUGAL AND STORMY
DANIELS.
>> WE'RE SEEING FORMER PRESIDENT
TRUMP, THERE HE IS, OUTSIDE THE
COURTHOUSE OR OUTSIDE THE
COURTROOM.
HE'S PREPARING TO LEAVE AS HE
OFTEN DOES.
HE ADDRESSES THE CAMERAS
GATHERED THERE.
DANNY, LET ME BRING YOU BACK
INTO THE CONVERSATION.
THERE IS ANOTHER MATTER THAT THE
FORMER PRESIDENT FACED.
THAT'S THE QUESTION OF THE GAG
ORDER AND WHETHER HE HAS
RECENTLY VIOLATED THAT.
THAT'S GOING TO COME BACK UP
TOMORROW, CORRECT?
>> YES, AND LAST WEEK I SUSPECT
THAT JUSTICE MERCHAN SAID IT FOR
MORE THAN A WEEK OUT BECAUSE OF
A COUPLE DIFFERENT REASONS.
NUMBER ONE, HE HAD HUNDREDS, IF
NOT THOUSANDS, OF POTENTIAL
JURORS TO GET THROUGH, AND HE
WANTED TO GET THE PARTY STARTED.
WHEN YOU THINK ABOUT IT, BACK
THEN, MONDAY MORNING -- MONDAY
MORNING LAST WEEK WAS MIRED IN
ARGUMENTS AND MOTIONS AND I
SUSPECT THE JUSTICE WANTED TO
JUST PUSH IT OFF TO NEXT WEEK SO
THEY COULD GET THROUGH JURY
SELECTION, AND THEN ALSO, THERE
WAS ALWAYS THE POSSIBILITY THAT
BY THAT NEXT WEEK, BY TOMORROW
THERE WOULD BE MORE VIOLATIONS
OF THE GAG ORDER, AND THEY COULD
PROBABLY JUST BE CONSOLIDATED.
BUT AT THE TIME, IT WAS
APPROXIMATELY SEVEN CLAIMED
VIOLATIONS.
THAT HEARING WILL GO ON
TOMORROW, AND HERE'S WHAT I
SUSPECT.
LOOK FOR THE PEOPLE, THE
PROSECUTORS, TO ASK FOR MINIMAL
PENALTIES AT THE OUTSET.
A LOT OF FOLKS SAY A THOUSAND
DOLLARS, WHAT DOES THAT MATTER
TO DONALD TRUMP?
WELL, THESE VIOLATIONS AND THE
PUNISHMENTS ARE INCREMENTAL.
REALLY WHAT THEY'RE DOING IS
SETTING A FLOOR.
SURE, START HIM OUT WITH A
THOUSAND DOLLARS, $5,000, IT
DOESN'T MATTER, BUT THIS
SPECTRUM, THIS PATH STARTS FROM
ADMONITIONS.
IT GOES TO FINES, AND
EVENTUALLY, AT THE END OF THE
ROAD IS INCARCERATION FOR
SOMEBODY WHO VIOLATES OR IS HELD
IN CONTEMPT BY THE COURT.
NOW, THAT WOULD BE A MONUMENTAL
DECISION AND A DIFFICULT
DECISION BY THE JUDGE, BUT I
THINK THE STATE IS SHOWING THAT
THEY WANT TO MOVE IN INCREMENTS
BUT THAT THEY WILL CONTINUE TO
MOVE IF THERE ARE VIOLATIONS OF
THE GAG ORDER.
>> HALLIE, HOW IS THIS AFFECTING
THE RACE FOR PRESIDENT?
THE FORMER PRESIDENT LIKES TO
MENTION THAT HE WOULD OTHERWISE
BE OUT CAMPAIGNING RIGHT NOW.
>> WE'RE SEEING SOME OF THE
RUBBER MEET THE ROAD ON THAT
FRONT.
COURT IS NOT IN SESSION ON
WEDNESDAY.
HE COULD DO CAMPAIGN EVENTS ON
THOSE DAYS OR THE WEEKEND.
THIS PAST WEEKEND HE WAS
SUPPOSED TO HAVE A CAMPAIGN
RALLY.
IT WAS ESSENTIALLY A WASHOUT,
RAINED OUT, IT HAD TO BE
CANCELED BECAUSE OF WEATHER.
WHICH IS AN INDICATION SOMETIMES
THINGS JUST POP UP.
IT'S NOT ALWAYS IN YOUR CONTROL
WHEN YOU'RE A PRESIDENTIAL
CANDIDATE.
TO GET REAL INSIGHT ON HOW THIS
CASE WILL AFFECT HIM IN THE
GENERAL ELECTION.
REMEMBER, IN THE PRIMARY, ALL OF
HIS LEGAL ISSUES WERE A BOON TO
HIM.
IT RALLIED HIS REPUBLICAN BASE
AROUND HIM AND HELPED HIM GET
THAT PRESUMPTIVE GOP NOMINATION
ALL BUT LOCKED UP HERE.
WHAT HAPPENS IN A GENERAL
ELECTION.
WE MAY NOT KNOW FOR A BIT YET.
WE CAN LOOK AT NUMBERS OUT PR
OUR NBC NEWS POLLING SHOWING
THAT ABOUT 50% OF PEOPLE, AND
THIS IS POLLING IN JUST THE LAST
24 HOURS, BELIEVE THAT THE
FORMER PRESIDENT IS BEING
TREATED FAIRLY BY THE SAME
STANDARD OF LAW AS YOU OR ME OR
ANYBODY ELSE.
43% DISAGREE.
THEY BELIEVE THAT DONALD TRUMP
IS BEING TREATED UNFAIRLY,
SEEMING TO ECHO WHAT HE HAS BEEN
SAYING ALL ALONG THAT HE IS IN
MANY WAYS THE VICTIM OF
POLITICAL PERSECUTION.
THE CONVERSATION YOU WERE JUST
HAVING WITH DANNY ABOUT THAT GAG
ORDER, THE FORMER PRESIDENT
SEIZED THAT THROUGH THE LENS
THROUGH WHICH HE SEES SO MANY OF
HIS LEAGUE PROBLEMS AS AN ISSUE
OF UNFAIRNESS AGAINST HIM.
HE HAS SAID THIS ON TRUTH
SOCIAL, THIS ISN'T FAIR, THEY
CAN TALK ABOUT ME BUT I CAN'T
TALK ABOUT THEM.
HE HAS RALDILED AGAINST THAT AGA
AND AGAIN.
KEEP IN MIND, IT'S A PARTIAL GAG
ORDER.
HE DOES HAVE THE ABILITY TO
SPEAK AGAINST THE JUDGE OR MAKE
COMMENTS IN A CAMPAIGN RALLY
SETTING RELATED TO THAT, BUT THE
POLITICAL IMPOLITICAL OCCASIONS
I THINK ARE GOING TO BE REALLY
TOLD, WHEN WE DO GET A VERDICT
AND WE GET POLLING IN THE FIELD
AFTER THAT.
>> WE SAW FORMER PRESIDENT TRUMP
ADDRESSING THE CAMERAS A MOMENT
AGO.
ANY IDEA WHAT HE SAID?
>> Reporter: YEAH, HE'S STILL
ADDRESSING THE CAMERAS IN
REALTIME, AND HE I SHOULD NOTE
OVER THE LAST WEEK THROUGH JURY
SELECTION WOULD OFTEN GIVE ABOUT
FIVE, 15 SECONDS OF QUICK
REMARKS OR COMMENTS TO THE
PRESS, BUT THIS IS HIS MOST
PROLONGED COMMENTARY WE HAVE
SEEN YET.
AND LARGE AMOUNT OF IT HAS SO
FAR BEEN FOCUSED ON MICHAEL
COHEN, OF COURSE WHO WAS HIS
LONG-TIME PERSONAL LAWYER, AND
HE IS UNDERCUTTING MICHAEL
COHEN'S REPUTATION.
WE SHOULD NOTE THAT, IN FACT, IT
WAS CAMPAIGN FINANCES VIOLATIONS
THAT WERE PART OF WHAT LED TO A
GUILTY PLEA FROM MICHAEL COHEN
BACK IN 2018 WHILE DONALD TRUMP
WAS SERVING AS PRESIDENT, AND IT
WAS A LONG-STANDING DOJ POLICY
TO NOT PROSECUTE A SITTING
PRESIDENT OF THE UNITED STATES.
BUT THAT IS WHEN MICHAEL COHEN
FOR THE ACTS THAT HAVE BEEN
AELGEDAELG
ALLEGED AS PART OF THE ACTUAL
HUSH MONEY SCHEME, LED TO
MICHAEL COHEN SERVING PRISON
TIME.
AND MICHAEL COHEN HAS BEEN VERY
PUBLIC AND VOCAL IN THE YEARS
SINCE ABOUT HIS FRUSTRATIONS AS
TO WHY PROSECUTORS AFTER DONALD
TRUMP LEFT THE WHITE HOUSE, GO
AFTER DONALD TRUMP FOR THE
ALLEGED CRIMES, AND NOW WHAT YOU
ARE HEARING IS MICHAEL COHEN
WITH THE EXPECTATION THAT HE IS
GOING TO BE A WITNESS, YOU'RE
HEARING DONALD TRUMP CALL INTO
QUESTION HIS CREDIBILITY AND
SOMEBODY WHO ONLY HAS THE INTENT
OF UNDERCUTTING HIM NOW THROUGH
THIS PROCESS.
>> VAUGHN, THANKS VERY MUCH, SO
THE OPENING STATEMENTS ARE DONE.
THE FIRST WITNESS ON THE STAND
TODAY, THAT CONCLUDES THIS NBC
NEWS SPECIAL REPORT. MUCH MORE ON OUR STREAMING
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