On both fronts, prosecutors seemed to inflict significant damage. At one point, New York Supreme Court Justice Juan Merchan warned Trump lawyer Todd Blanche he was “losing all credibility.” At another, Trump grimaced and shook his head as Pecker described how he helped kill an allegation — ultimately found to be false — that he had a child with a maid at his building.
The busy court day was punctuated by prosecutors detailing the full factual and legal foundation of their case against Trump — one built around a misdemeanor state charge of trying to illegally influence an election.
Pecker, the former CEO of American Media, the company that once ran the Enquirer and other celebrity gossip publications, said he met with Trump and Trump’s then-lawyer Michael Cohen in 2015 to discuss how the tabloid, which had a long relationship with the real estate mogul and reality TV star, could help Trump’s bid for president.
“I said what I would do is I would run or publish positive stories about Mr. Trump, and I would publish negative stories about his opponents,” Pecker testified.
That wasn’t all he pledged to do.
Pecker said he told Trump: “I would be your eyes and ears … If I hear anything negative about yourself, or if I hear anything about women selling stories, I would notify Michael Cohen as I did over the last several years.”
The deal Pecker described was a mutual back-scratching arrangement in which Cohen would feed stories to the tabloid about Republican rivals like Ted Cruz, and publish glowing stories about Trump. Pecker said he had a “great relationship” with Trump dating to the late 1980s, but that didn’t seem to be his primary motivation. Stories about the brash celebrity businessman helped sell copies of the tabloid.
“I needed the help,” Pecker said.
Prosecutors used testimony by Pecker — who appeared cheerful and relaxed, and occasionally laughed as he testified — as a kind of guide into the world of celebrity gossip, backroom dealmaking, and Trump’s secret fear that stories about his private life could damage his presidential bid.
Prosecutors say that the 34 criminal counts at issue in the case — falsifying business records — grew out of the original idea of the Trump Tower meeting with Pecker, that Trump and his allies would find a way to “catch and kill” bad stories about him to protect his campaign and him.
Trump defense lawyer Emil Bove objected to some of Pecker’s testimony, arguing that the Manhattan district attorney’s office was trying to make legal conduct — meetings and discussions of celebrity gossip stories — sound like a criminal conspiracy, when Trump was not charged with any such conspiracy, and the events described in testimony so far were not crimes.
Assistant District Attorney Joshua Steinglass said the entire prosecution theory “is predicated on the idea that there was a conspiracy to influence the election in 2016,” adding: “Mr. Bove may interpret some of the evidence in a way that’s different from the way that we interpret it.”
Under New York State law, falsifying business records is a misdemeanor, unless it is done to further or conceal another crime. Then it can be charged, as it was in Trump’s case, as a felony. Since indicting Trump, prosecutors have often been vague about what, exactly, is the underlying crime that was allegedly being concealed or furthered in the case.
In court Tuesday, Steinglass said the statute in question is state election law 17-152 — conspiracy to promote or prevent an election. That law makes it a misdemeanor when two or more people “conspire to promote or prevent the election of any person to a public office by unlawful means.”
The defense and the prosecution did agree on one thing: Both sides expect there to be continued disputes at trial over how much testimony about political figures, and political activity, should be presented to the jury. Trump is the likely Republican nominee in the November presidential election.
Manhattan District Attorney Alvin Bragg has charged that Trump falsified business records to conceal a $130,000 payment made ahead of the presidential election in 2016 to adult film actress Stormy Daniels, to prevent her from saying publicly that she had a sexual encounter with Trump years earlier.
Cohen later pleaded guilty in federal court to a campaign finance violation for arranging that payment, and later getting reimbursed by Trump. Trump’s lawyers say their client was unaware of the particulars of how Cohen made the payments and was not part of any criminal pact.
Throughout most of the trial Tuesday, Trump was attentive as Pecker described their relationship.
Pecker described buying the rights to a doorman’s claim of knowing of Trump having a child outside his marriage — a claim that he said was untrue, but could nevertheless damage Trump’s campaign. The Enquirer paid $30,000 for the tale and kept it quiet until two months after the election, Pecker said.
Pecker is scheduled to be back on the witness stand Thursday — the trial is not in session on Wednesdays — where he is expected to describe his discussions with Cohen about other potentially scandalous stories about Trump and women that they tried to keep from becoming public.
Cohen, a disbarred, convicted lawyer and admitted perjurer, is expected to testify in the case, and Trump has spent much of his time out of court publicly denouncing him — despite a gag order issued by Merchan for him not to make comments about witnesses in the case.
The trial resumed Tuesday with a hearing on the prosecutor’s request that Trump be found in contempt for at least 10 violations of the gag order.
Prosecutor Christopher Conroy asked the judge to remind Trump that “incarceration is an option” if he continues to violate the order. Some of the alleged violations occurred in the hallway just steps outside the courtroom.
“His disobedience,” the prosecutor said, “is willful, it is intentional.”
Trump has previously declared he would be willing to go to jail over the issue of the gag order.
Trump “says whatever he needs to say to get the results that he wants,” Conroy said. “He’s doing everything he can to undermine this process. It has to stop.”
Prosecutors have asked the judge to impose a $1,000 per violation fine for the statements.
Trump lawyer Todd Blanche argued against punishing his client, saying he is a presidential candidate who has to be allowed to respond to political attacks, even if those attacks come from Cohen. He also said social media posts that are reposting what others say are not a violation of the gag order.
Unimpressed, the judge asked what legal precedent he could cite for that argument.
“We don’t have any case law to support that, but it’s just common sense, your honor,” Blanche replied.
As the hearing wore on, Merchan grew more impatient with what he said were Blanche’s vague and nonresponsive answers.
“You’ve presented nothing. I’ve asked you eight or nine times, show me the exact post he is responding to. You’ve been unable to do that even once,” Merchan said.
“Mr. Blanche, you are losing all credibility,” Merchan said. “You’re losing all credibility with the court.”
