Thursday marked a challenging start for prosecutors in court, yet a small detail—a piece of tape—potentially shifted the tide in their favor.
Later in the day, during the proceedings, prosecutors unveiled an audio recording. In it, a conversation between Donald Trump and his attorney Michael Cohen from September 2016 was heard, openly discussing strategies to prevent former Playboy model Karen McDougal from disclosing her alleged affair with Trump.
“On the September 2016 tape, Cohen can be heard saying, ‘I need to open up a company for the transfer of all of that info regarding our friend David.’
Although this recording has been public since 2018, it’s the first time the jury has been presented with it. The ‘David’ mentioned likely refers to National Enquirer boss David Pecker, who previously testified in the trial, admitting to purchasing McDougal’s silence while offering assistance to Trump’s campaign.
This revelation underscores Trump’s awareness of the scheme, lending weight to the notion that he may have been involved in the efforts to silence adult film star Stormy Daniels regarding her alleged affair with him as well.”
The phone call, surreptitiously recorded by Cohen, was aired following a tumultuous day of testimony from Keith Davidson, the attorney representing both McDougal and Daniels.
This segment of the day proved challenging for the prosecutors.
At a juncture, Davidson expressed that he viewed Daniels’ non-disclosure agreement not as “hush-money” but rather as “consideration for a civil settlement.” This characterization aligns more closely with standard legal practice, undermining the prosecutors’ central contention that Trump violated the law by misrepresenting business expenses when reimbursing Cohen for “legal expenses” to facilitate the payment transfer.
During cross-examination, Trump’s attorneys compelled Davidson to acknowledge that he had never personally encountered Trump. Additionally, they worked to tarnish Davidson’s reputation, insinuating him as an extortionist. Davidson was prompted to concede that authorities had investigated him for allegedly extorting wrestler Hulk Hogan over a sex tape in Florida, although he was never charged. Furthermore, his involvement in controversial cases involving Charlie Sheen and Tila Tequila was emphasized.
Trump attorney Emil Bove went as far as questioning Davidson if his role necessitated “getting right up to the line without committing extortion.”
However, Davidson substantiated his assertion that Cohen had explicitly informed him, both prior to and following the incident, that he was settling Daniels’ matter with Trump’s full knowledge and at his behest. Prosecutors presented audio evidence of a 2018 telephone conversation in which Cohen tells Davidson, “I can’t even tell you how many times he said to me, you know, I hate the fact that we did it,” which Davidson interpreted as a reference to Trump’s payment to Daniels.
Davidson also provided context for his election-night text to National Enquirer editor Dylan Howard. As it became apparent that Trump had secured victory, Davidson messaged, “What have we done?”
Clarifying, Davidson described the text as “gallows humor,” reflecting on the possibility that “our activities may have in some way assisted the presidential campaign of Donald Trump.”
For a comprehensive review of the day’s events, you can find a detailed recap here, along with additional key takeaways. The trial is set to reconvene on Friday morning.
The day commenced with prosecutors urging Judge Juan Merchan to hold Trump in contempt once more, citing four additional breaches of the gag order, and to impose the maximum fine of $1,000 per violation. Prosecutors clarified that they weren’t seeking jail time at present to prevent any disruption to the trial proceedings. Although Merchan appeared inclined to permit Trump to respond to online attacks from Cohen, he expressed discontent with Trump’s targeting of the jury.
Merchan addressed Trump’s remarks about the jury, noting his concern over Trump’s implication that the jury was predominantly Democratic and being hurried through, insinuating unfairness.
Later in the day, following a lunch break, Trump attorney Susan Necheles requested guidance on whether a stack of news articles intended for sharing on social media would breach the gag order.
Merchan promptly dismissed the request, stating, “I’m not going to be in the position of looking at posts and determining in advance whether he should and should not post these on Truth Social. I think the best advice you can give your client is when in doubt, steer clear.”
