Day 13 of Trump New York hush money trial | CNN Politics

Stormy Daniels testifies in Trump’s hush money trial

Stormy Daniels is questioned during Donald Trump's hush money trial on Tuesday, May 7.
Kaitlan Collins describes Trump's reaction to Daniels' testimony
01:51 - Source: CNN

What we covered here

  • Adult film actress Stormy Daniels, a central figure in the criminal case against Donald Trump, is set to return to the stand Thursday following her testimony Tuesday in the New York hush money trial.
  • During the prosecution’s questioning, Daniels detailed her alleged sexual encounter with Trump in 2006 and walked the jury through the $130,000 hush money payment from Trump’s ex-attorney Michael Cohen shortly before the 2016 election. She was pressed by Trump’s attorneys on her credibility in multiple tense exchanges.
  • The hush money payment, and how it was reimbursed to Cohen, is at the heart of the charges. Trump, who was in court as Daniels testified, has pleaded not guilty to 34 counts of falsifying business records and has denied the affair.
  • The judge denied a motion for a mistrial from the defense who argued that Daniels’ explicit testimony went too far.

Our live coverage has concluded but will resume Thursday morning. Scroll through the posts below to read more about what happened on Tuesday.

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Here are takeaways from Stormy Daniels' testimony on Tuesday

Former President Donald Trump sits in court while adult film actress Stormy Daniels testifies on Tuesday.

Adult film star Stormy Daniels dished out salacious details of her sexual encounter with former President Donald Trump in 2006 from the witness stand on Tuesday, describing how they met at a celebrity golf tournament and what she says happened when she went to Trump’s Lake Tahoe hotel room.

In a mostly casual and conversational tone, Daniels recounted details from the floors and furniture in Trump’s hotel room to the contents of his toiletry kit in the bathroom. At one point in court, Daniels threw back her arm and lifted her leg in the witness box to re-create the moment she says Trump posed on his hotel bed for her, stripped down to his undergarments.

But some details Daniels described were so explicit that Judge Juan Merchan cut her off at several points. And Trump’s lawyers argued that Daniels had unfairly prejudiced the jury, asking Merchan to declare a mistrial. The judge denied the request but added that some of the details from Daniels were “better left unsaid.”

Here are takeaways from Day 13 of the trial:

Hush money came after “Access Hollywood” tape controversy: Daniels would go on to describe how she stayed touch with Trump, even coming to briefly see him at Trump Tower to talk about the “Celebrity Apprentice” reality show. Daniels said that in 2015 after Trump began running for president, her then-publicist Gina Rodriguez tried to sell her story. But Rodriguez didn’t find much interest until after the “Access Hollywood” tape of Trump was released in October 2016 – eventually leading to the discussions with AMI and then Michael Cohen, who paid Daniels $130,000 not to go public with her case.

Judge denies Trump’s mistrial motion: Trump’s lawyers argued the judge should declare a mistrial after the morning of salacious testimony from Daniels. Trump still vehemently denies the allegations, his attorney Todd Blanche said, arguing there was no way to “un-ring that bell” for jurors who have now heard unfairly prejudicial testimony. Blanche argued that the testimony had nothing to do with the district attorney’s case about falsifying business records.

Defense accuses Daniels of lying for profit: Trump attorney Susan Necheles didn’t take long to challenge Daniels’ story in cross-examination, accusing the adult film actress of hating Trump.

  • “Am I correct that you hate President Trump?” Necheles asked
  • “Yes,” Daniels said.
  • “You want him to go to jail?” Necheles continued.
  • “I want him to be held accountable,” Daniels responded.

Daniels’ body language was tense and her tone notably shifted as Necheles attempted to dismantle her credibility. Daniels gave short, terse answers to many of her questions, defiantly responding “false” and “no” while disputing Necheles’ assertions that she had made up details in her story or that she was trying to extort Trump.

Read more takeaways from Tuesday’s testimony

Judge said he won’t tolerate Trump’s cursing and head shaking during Daniels’ testimony, transcript shows

During the mid-morning break, Judge Juan Merchan called defense attorney Todd Blanche to the bench and ordered him to speak to former President Donald Trump about his “contemptuous” behavior during Stormy Daniels’ testimony Tuesday.

Merchan said he decided to speak to Blanche at the bench because he did not want to embarrass Trump. “You need to speak to him. I won’t tolerate that,” Merchan said.

Blanche again said he would talk to Trump.

Merchan then described Trump’s inappropriate behavior. 

Here's what happened Tuesday at Trump’s hush money criminal trial

Adult film actress Stormy Daniels testifies on Tuesday.

Here are the highlights from Tuesday in court:

Two witnesses on the stand: Adult film actress Stormy Daniels and Sally Franklin, the senior vice president and executive managing editor for Penguin Random House publishing group. 

Here’s what to know about their testimonies: 

Sally Franklin: The publishing executive was first on the stand and she testified for 46 minutes as a records custodian, pursuant to a subpoena

  • Prosecutors used her testimony to enter excerpts from Trump’s books into evidence. 
  • Franklin was asked about the role of a ghostwriter in writing the book, and she testified that she didn’t know how much the ghostwriter contributed, but she was aware that the ghostwriter helped. 

Stormy Daniels: Before the jury was called in on Tuesday, the defense renewed its objection to her testimony. Judge Juan Merchan said he agreed with Trump’s attorneys that she has credibility issues, but that’s why the prosecutors need to be given a chance to establish her credibility. He ruled it’s fine to elicit that Trump and Daniels had sex. “That’s fine. But we don’t need to know the details,” he said. 

  • Daniels said she was subpoenaed.  
  • First meeting: She described her first meeting with Trump at a Lake Tahoe celebrity golf tournament. In a hotel room with Trump, she said she had a “very brief” conversation about his wife, Melania. Daniels said Trump mentioned there may be a spot for her on “Celebrity Apprentice.” She then went on to describe the details of their sexual encounter in 2006. Afterwards, she said she “left as fast as I could” and said she told “very few people that we had actually had sex because I felt ashamed that I didn’t stop it.”  
  • No confidentiality concerns: Daniels said Trump did not express concern about his wife, Melania, nor did he ask Daniels to keep the encounter confidential. 
  • Continued interactions: Daniels testified she met Trump at a night club the next day and that she began to speak with him often, at times once a week. She said Trump started calling her “honey bunch,” which she described as “weird.” (Trump has denied the affair.) She also detailed meeting Karen McDougal and seeing Trump a few times in 2007. 
  • “Access Hollywood” tape: After it came out in 2016, Daniels said she was motivated to get her story out, and later learned from her publicist that Trump and Michael Cohen were interested in buying her story. This marked a shift in her motivations. Daniels wanted to get her story out in 2015, but in 2016, she decided the deal from Trump and Cohen was best, she testified. 
  • A $130,000 agreement: Daniels says Trump and Cohen offered her $130,000 for her story, adding the agreement was a nondisclosure agreement, which benefited Trump. Daniels said she wanted it done quickly. She said, if it wasn’t done before the election, “I wouldn’t be safe or that he wouldn’t pay and there would be a trail to keep me safe.” She outlined how the original hush money deal fell apart because the funds weren’t paid on time and that the deal was revived with a new NDA
  • Cross-examination: Under questioning from Trump attorney Susan Necheles, Daniels said that she hated the former president and wanted him to be held accountable. She confirmed she still owed Trump $560,000 in legal fees after she lost the defamation suit against him. Daniels also testified that while she’s made money telling her story, it’s also cost her a lot of money. 

What’s next: The defense indicated it will continue cross-examining Daniels on Thursday. Court is dark on Wednesday. Prosecution has also said it will do a round of re-direct. 

Here's a timeline of key events in Donald Trump's hush money case

Prosecutors zeroed in on the hush money payment at the center of the case against Donald Trump as Stormy Daniels took the stand today.

Here’s a timeline CNN compiled of key events in the case that Daniels was asked about:

  • August 2015: Trump meets with then-American Media Inc. CEO David Pecker at Trump Tower, prosecutors say, where Pecker agrees to be the “eyes and ears” for Trump’s campaign and flag any negative stories to Trump’s then-fixer Michael Cohen.
  • September 2016: Trump discusses a $150,000 hush money payment understood to be for former Playboy model Karen McDougal with Michael Cohen who secretly records the conversation. McDougal has alleged she had an extramarital affair with Trump beginning in 2006, which he has denied. 
  • October 7, 2016: The Washington Post releases an “Access Hollywood” video from 2005 in which Trump uses vulgar language to describe his sexual approach to women with show host Billy Bush. 
  • October 27, 2016: According to prosecutors, Cohen pays Daniels $130,000 through her attorney via a shell company in exchange for her silence about an affair she allegedly had with Trump in 2006. This $130,000 sum is separate from the $150,000 paid to McDougal. Trump has publicly denied having any affairs and has denied making the payments. 
  • November 8, 2016: Trump secures the election to become the 45th President of the United States. 
  • February 2017: Prosecutors say Cohen meets with Trump in the Oval Office to confirm how he would be reimbursed for the hush money payment Cohen fronted to Daniels. Under the plan, Cohen would send a series of false invoices requesting payment for legal services he performed pursuant to a retainer agreement and receive monthly checks for $35,000 for a total of $420,000 to cover the payment, his taxes and a bonus, prosecutors alleged. Prosecutors also allege there was never a retainer agreement. 
  • January 2018: The Wall Street Journal breaks news about the hush money payment Cohen made to Daniels in 2016. 

See a full timeline and read up on the key players in the case below:

Meanwhile: Federal judge indefinitely postpones Trump classified documents trial

Judge Aileen Cannon has indefinitely postponed Donald Trump’s classified documents trial in Florida, citing significant issues around classified evidence that would need to be worked out before the federal criminal case goes to a jury. 

In an order Tuesday, Cannon canceled the May trial date and did not set a new date.

Remember: The hush money criminal trial against former President Donald Trump is one of four criminal cases he faces while juggling his presidential campaign.

Trump says hush money case is a disaster for the DA

Former President Donald Trump speaks to the media on Tuesday.

Donald Trump called the prosecution’s hush money case against him a disaster in remarks outside of the Manhattan court on Tuesday.

Trump did not discuss witness Stormy Daniels while he spoke to reporters.

The former president said he should be campaigning instead of sitting in court and thanked reporters for waiting outside the court all day.

Daniels testified for 3 hours and 44 minutes today

Stormy Daniels is questioned on Tuesday.

Stormy Daniels testified for a total of 3 hours and 44 minutes today.

She’s expected to return to the stand Thursday to answer more questions from Trump’s attorneys.

Daniels says: "I was pushing. I wanted to tell my story"

Before the judge cut her off, attorney Susan Necheles asked Stormy Daniels whether the text messages between her then-agent Gina Rodriguez and Dylan Howard of the National Enquirer showed that she was trying to sell her story.

Judge is dismissing jury for the day

Judge Juan Merchan cuts off Trump attorney Susan Necheles to dismiss the jurors for the day.

“Alright jurors, let’s call it a day,” he says.

Jury sees texts between National Enquirer editor and Daniels' manager

The jury is now seeing texts between National Enquirer editor Dylan Howard and Stormy Daniels’ then-manager Gina Rodriguez from June 2016.

Necheles asks Daniels to confirm by this time in 2016 that she’d previously denounced the allegations against Trump.

Daniels says she does not know who Howard is. “I don’t know what this is in reference to,” she says of the text exchange.

Daniels is being combative with these text messages, again complaining that she does not know the context of the messages.

Daniels says she didn't "put a price tag" on her story after Trump lawyer claims she wanted to make money

Trump attorney Susan Necheles is now asking Stormy Daniels about why she was going to sell her story if she was so afraid after being threatened.

Necheles implies that Daniels wasn’t really scared, noting that after the supposed threat, Daniels “decided to do the opposite.”

“I was terrified,” Daniels says. “I just had to change my tactic because it was a new ballgame” now that Trump was a presidential candidate, she adds.

“The truth is you saw that opportunity to make money,” Necheles says.

“I saw the opportunity to get the story out. I didn’t put a price tag on it,” Daniels responds.

What Stormy Daniels said in response to questions about her finances

Donald Trump’s attorney Susan Necheles questioned Stormy Daniels about her finances related to Trump. 

Here’s the highlights: 

Making money: Necheles asked if Daniels has made “a lot of money” by “claiming to have had sex with President Trump for more than a decade.” Daniels testified, “I’ve been making money by telling my story about what happened to me.” She also said it cost her a lot of money as well. 

Paying Trump: Necheles asked if Daniels is hiding her assets because she doesn’t want to pay the judgments against her. Daniels denied that assertion. She later testified that she hoped she didn’t have to pay Trump “no matter what happens” in the trial. Daniels also denied setting up a trust for her daughter. 

Being threatened: Daniels discussed a 2011 incident where she said a man threatened her in a parking lot while she was on her way to a mommy-and-me class with her infant daughter. She said she thought at the time that Michael Cohen sent the man, but she was wrong. She said she couldn’t go through with the class following the incident. She also testified that she didn’t tell her husband or the father of the child about it.  

Trump attorney presses Daniels about planned news conference in 2016

Trump attorney Susan Necheles is again challenging Stormy Daniels on the time she planned a news conference in 2016 but never went through with it.

“You are looking to extort money from President Trump,” Necheles asks.

“False,” Daniels says, raising her voice.

“That’s what you did, right?” Necheles follows up.

“False,” Daniels says again.

"I was a much braver person in 2016 than I was in 2011," Daniels says

Susan Necheles is focusing again on the “threats” faced by Stormy Daniels.

“You had been told, ‘Don’t talk anymore…’” so then you decided to sell your story, Necheles asks incredulously.

The Trump attorney briefly returned to the thedirty.com story from 2011, asking whether Daniels authorized Keith Davidson to have the story taken down.

“All I know is I wanted it down,” she says, saying she never spoke to the gossip website about it.

Daniels says: “I was a much braver person in 2016 than I was in 2011.”

Necheles retorts that her story was worth a lot more in 2016 than 2011.

Trump's attorney says her cross-examination will extend to Thursday

Judge Juan Merchan is back and Stormy Daniels is on the stand.

Before the jury entered, Trump attorney Susan Necheles confirmed that her cross-examination would continue into Thursday. Wednesday is an off day for the trial.

Merchan said court will end at 4:30 p.m. today.

Prosecutor Susan Hoffinger said there will also be a redirect of Daniels.

Daniels says she wouldn't call herself and Michael Cohen "buddies"

Trump attorney Susan Necheles asks Stormy Daniels if she hated Michael Cohen when she made the allegation about the man threatening her in the car park.

And she added: Now you’re “buddies.”

Daniels says she wouldn’t call them “buddies.”

Trump started the day outraged about the lack of notice that Stormy Daniels would testify

Given the tense atmosphere in the courtroom as Trump’s attorney Susan Necheles presses Stormy Daniels in various ways in order to damage the adult film star’s credibility, it’s worth remembering that at the beginning of the day Trump was angry about not knowing who today’s witness was.

Trump railed against the timing in which his team became aware of Tuesday’s witness in his criminal trial in an early morning Truth Social post that has since been taken down.

Before the jury came in Tuesday morning, Necheles renewed the defense team’s objection to Daniels testifying.

“We want to renew our objection this morning. We’re informed the second witness will be Stormy Daniels. We want to renew our objection to her testifying, particularly about any details of any sexual acts,” she said.

Prosecutors have made a point of not sharing witness plans with Trump, citing his various social media posts attacking potential witnesses.

The court is taking an afternoon break

The court is taking a short afternoon break. Stormy Daniels is expected to resume her testimony soon.

Donald Trump pursed his lips and exhaled as he walked down the aisle.

Daniels testifies she didn't make up story about man who threatened her in parking lot

Trump attorney Susan Necheles continues to ask Stormy Daniels about her testimony that she was threatened in 2011 by a man in a parking lot.

“This man never existed, did he?” Susan Necheles asks.

“He absolutely existed,” Daniels says.

Necheles then asks if the story was made up.

“None of it’s made up,” Daniels says.

Daniels says that Michael Avenatti hired a sketch artist to recreate a description of the man and offered $100,000 to whoever could identify him.

Daniels describes story she told radio show about her sexual encounter with Trump

Stormy Daniels is now testifying that she told the story about her sexual encounter with Trump on a radio show in 2007.

Trump attorney Susan Necheles clarifies that she wrote names down on a paper of famous people she’d slept with.

Daniels says she mentioned Lake Tahoe and a hotel room which was “obviously” about Trump.

Necheles asks Daniels whether she told Anderson Cooper, “I never told this story publicly before because I was threatened.” She says that’s correct.