Trump trial recap: Judge tells prosecutors to ask Michael Cohen to stop commenting on Trump
Judge Juan Merchan told prosecutors to ask Donald Trump's former lawyer Michael Cohen to stop commenting publicly on Trump or the former president's criminal hush money trial on Friday afternoon. Trump's lawyers argued that it was unfair to Trump that he is under a gag order not to talk about the participation of potential witnesses such as Cohen, but Cohen is free to talk about him.
Earlier in the day, Merchan ruled in favor of the defense team when he barred the prosecution from showing jurors a video of Trump boasting in 1999 about his knowledge about campaign finance laws. Prosecutors wanted to use the video to demonstrate that Trump knew Cohen's hush money payment to porn star Stormy Daniels was an illegal contribution to his 2016 campaign, but Merchan agreed with Trump's lawyer that the video was too old.
On Friday, jurors were shown a series of 2016 text messages between Daniels' former manager, Gina Rodriguez, and ex-editor of the National Enquirer, Dylan Howard. The messages included Rodriguez telling Howard that Daniels was Trump's mistress and Howard responding that he bet she was.
Keep up with USA TODAY's live updates from inside and outside the Manhattan courtroom:
Trump: lack of gag order on Michael Cohen a ‘disgrace’
Former President Donald Trump complained after leaving the courtroom for the week that Judge Juan Merchan hadn’t put a gag order on his former lawyer, Michael Cohen, who is expected to be a key witness next week.
Cohen has been harshly critical of Trump since being imprisoned for lying on his behalf and for paying $130,000 to porn actress Stormy Daniels to remain quiet before the 2016 election. She testified about allegedly having sex with Trump while he was married in 2006.
Trump has bristled about Cohen and Daniels insulting him through social media while he was unable to respond. Trump’s lawyer, Todd Blanche, asked Merchan to gag Cohen.
“There is no gag order to Michael Cohen,” Trump said. “Everybody can say whatever they want, they can say whatever they want, but I’m not allowed to say anything about anybody. It’s a disgrace.”
– Bart Jansen
Michael Cohen to be asked to stop talking about Trump case
Just before the early end of proceedings today, Trump lawyer Todd Blanche asked Judge Juan Merchan to issue a gag order against former Trump lawyer Michael Cohen, who is expected to testify next week. Blanche argued Merchan has the ability to do that for witnesses as well as for a criminal defendant.
Blanche said the order should instruct Cohen not to talk about Trump or the case until the case is over. He argued it's unfair that Cohen can attack Trump and Trump, because of the gag order he is under, isn't allowed to respond.
Prosecutor Joshua Steinglass said his team has repeatedly told all witnesses, not just Cohen, to refrain from making public statements. Because they aren't under a gag order, the prosecution has "no remedy" if the witnesses keep talking anyway, Steinglass said. "We have already asked. We have no power to order," Steinglass added.
"I would direct the People to communicate to Mr. Cohen that the judge is asking him to refrain from making any more statements about this case" or about Mr. Trump, Merchan told the prosecution team. He said to tell Cohen that message "comes from the bench" and that the prosecution is "communicating that on behalf of the bench."
– Aysha Bagchi
Judge wants prosecutors to try to call Allen Weisselberg to testify
Prosecutor Christopher Conroy said the prosecution is willing – if the defense agreed to it – to simply tell jurors former Trump Organization CFO Allen Weisselberg is in jail for perjury. That would be "one way to solve the problem," Conroy added.
Judge Juan Merchan smirked at that. The defense didn't indicate it would agree.
Merchan didn't issue a ruling on whether prosecutors may introduce the agreement involving Weisselberg into evidence. But he said it would be helpful to his decision and "a factor" if he could see that some efforts were made to compel Weisselberg to testify.
Merchan worried that there was a desire to "jump the gun" by explaining why Weisselberg is not at the trial without trying to get him here. He suggested prosecutors could put Weisselberg on the stand outside of the jury's presence to establish whether his testimony is or isn't available.
"Let me think about it," Merchan also said.
– Aysha Bagchi
Prosecution and Trump team fight over Weisselberg evidence
The prosecution and defense have been arguing over whether the judge should allow jurors to learn about an agreement involving Trump Organization Chief Financial Officer Allen Weisselberg. Weisselberg is currently serving a five-month jail term for committing perjury in Trump's New York civil fraud case.
The agreement wasn't shown to the audience in the courtroom, but prosecutor Joshua Steinglass said the agreement seems to put Weisselberg at risk of losing $750,000 in severance pay if he speaks to the prosecution.
Prosecutors want to introduce the agreement to explain why Weisselberg isn't testifying in this trial.
Trump lawyer Emil Bove argued the agreement isn't relevant and creates undue prejudice for Trump. He said if either the prosecution or the defense called Weisselberg as a witness, Weisselberg "would likely invoke." That may have been a reference to invoking the constitutional right against self-incrimination.
– Aysha Bagchi
When will Trump trial end?
Prosecutor Joshua Steinglass said the prosecution expects to call potentially two witnesses, and that it's "entirely possible" the prosecution will rest its case by the end of next week.
Merchan has already announced there won't be proceedings on Friday, May 17, to allow Trump to attend his youngest son Barron Trump's high school graduation.
It's the defense's choice whether to put on its own defense once the prosecution rests. There will still be closing arguments in the case and jury deliberations before a verdict.
Before the trial started, a court media advisory estimated the trial would last between six and eight weeks.
– Aysha Bagchi
Judge invites lawyers to make jury instruction requests
Jurors have been dismissed for the day, but Judge Juan Merchan is continuing to discuss issues with the jurors. Merchan said he will hold a conference with the lawyers later to go over the instructions he will ultimately give to the jurors before they begin their deliberations. But Merchan invited the lawyers to start bringing to his attention any requests for special instructions.
– Aysha Bagchi
Jarmel-Schneider's testimony ends
Paralegal Jarmel-Schneider's testimony has concluded. Trump lawyer Emil Bove's cross-examination went into some records being excluded in the prosecution's presentation of evidence to jurors.
– Aysha Bagchi
Jurors and audience laugh at paralegal enjoying 'tedious work'
Trump lawyer Emil Bove has begun cross-examining Jarmel-Schneider. He asked the paralegal if his preparation of summary documents for jurors was "tedious work"? Jarmel-Schneider said it "could be," but "honestly, I kind of enjoyed it." Many people chuckled or laughed in the courtroom, including several jurors.
– Aysha Bagchi
Chart shows invoices, vouchers, and checks for each count in Trump indictment
Jarmel-Schneider testified about a chart that has been shown to show jurors. It contains the invoices, vouchers, and checks that the prosecution says are linked to each count in the 34-count indictment against Trump.
There are 11 invoices associated with the 34 counts as well as one voucher for every month in 2017, Jarmel-Schneider. There are also checks associated with 11 of the counts in the indictment, he said.
– Aysha Bagchi
Prosecution providing summaries of phone calls to jurors
Jarmel-Schneider described summaries that have been prepared for jurors of calls between many people associated with this case, as well as calls involving the Trump Organization. Here's the full list of those involved in the calls:
Keith Davidson
Hope Hicks
Dylan Howard
David Pecker
Keith Schiller
Allen Weisselberg
Gina Rodriguez
Trump Organization
Donald Trump
– Aysha Bagchi
Witness Jaden Jarmel-Schneider prepared documents on phone calls
The prosecution has called Jaden Jarmel-Schneider, another paralegal in its office. Jarmel-Schneider said he prepared documents designed to give the jury a sense of how the prosecution figured out which phone numbers are associated with which people when it comes to call records in the case.
– Aysha Bagchi
Jurors see texts between Stormy Daniels' manager and National Enquirer editor
Jurors were shown a series of 2016 text messages between Stormy Daniels' former manager, Gina Rodriguez, and ex-editor of the National Enquirer, Dylan Howard.
The messages included Rodriguez telling Howard that Stormy Daniels was Trump's mistress and Howard responding that he bet she was.
Rodriguez also said to Howard that Daniels didn't want to go on the record with her story – meaning put her name behind the story – but would tell the story through a separate source.
Rodriguez said Daniels had sex with Trump and wanted $100,000. Rodriguez said Trump had promised Daniels a condo and a spot on The Apprentice, but never did anything for her. She said Daniels met Trump at a celebrity golf tournament.
– Aysha Bagchi
Jurors see Trump tweets on 'fine person' Michael Cohen
Longstreet testified about a series of tweets Trump posted on April 21, 2018 about his former lawyer, Michael Cohen. Trump said The New York Times and its reporter, Maggie Haberman, were "going out of their way to destroy Michael Cohen and his relationship with me in the hope that he will 'flip.'"Trump described Cohen as "a fine person with a wonderful family," and someone "who I have always liked & respected.
"Most people will flip if the Government lets them out of trouble even if ... it means lying or making up stories. Sorry I don't see Michael doing that despite the horrible Witch Hunt and the dishonest media!" Trump also posted.
– Aysha Bagchi
Georgia Longstreet, Manhattan DA paralegal, testifying
Georgia Longstreet, a paralegal in Manhattan District Attorney Alvin Bragg's office, has taken the stand for the second time in this trial. She testified earlier about several Trump social media posts.
– Aysha Bagchi
Judge sides with Trump on excluding 1999 campaign finance comments
After a short morning break, Judge Merchan said he's siding with the defense team over whether the prosecution can show jurors a video of Trump commenting in 1999 on his knowledge about campaign finance laws. Merchan expressed concerns about how old the comments are, saying they ask a jury to draw an inference about Trump's knowledge many years later, and "that's a lot of speculation."
– Aysha Bagchi
Trump wants his old comments on campaign finance laws kept out of trial
Just before a short morning break was taken, Trump lawyer Emil Bove asked Judge Merchan about excluding from evidence a 1999 video of Trump commenting on campaign finance laws.
“I think nobody knows more about campaign finance than I do because I’m the biggest contributor,” Trump said at the time.
Bove argued that, whatever Trump said in 1999 about his knowledge of campaign finance laws doesn't prove something relevant about his knowledge in 2017, because there were extensive changes to those laws in the interim.
Prosecutor Rebecca Mangold responded that the corporate contribution ban, which she said is the relevant legal provision when it comes to the video, has been part of campaign finance law since 1907. She added that's close to 100 years before Trump's "admission in that video."
Merchan said he will rule later.
– Aysha Bagchi
Allen Weisselberg phone records introduced
The prosecution got phone records introduced into the evidence through their latest witness, Verizon employee Jennie Tomalin. The records state that they are associated with Allen Weisselberg, the former chief financial officer of the Trump Organization. Weisselberg is currently incarcerated for committing perjury during Trump's New York civil fraud trial.
The prosecution and defense only had brief questions for Tomalin, focused on how to read the records. She has now left the witness stand.
– Aysha Bagchi
Who is Jennie Tomalin?
Jennie Tomalin has been called to the witness stand. She is a Verizon employee who also appears to have been brought to testify so the prosecution can introduce phone records into evidence.
– Aysha Bagchi
Rick Scott defends Donald Trump outside the courtroom
Rick Scott, a Republican senator up for reelection in Florida, attended the trial Thursday. While Trump remains under a gag order, his allies in the GOP do not face the same restrictions. Scott stood by Trump as he addressed reporters outside Manhattan criminal court, suggesting the lead prosecutor has political motivations.
“I’m here because I’ve known Donald Trump a long time. I knew him before I was governor. I consider him a friend. And what he is going through is just despicable,” Scott said.
– Rachel Barber
Dixon confirms phone records don't show who did the talking, if call was pocket dial
Asked by Trump lawyer Emil Bove if the AT&T records show who was speaking during a phone call, Dixon confirmed they don't. Dixon also agreed they don't show if a call was an unintended "pocket dial."
Bove ended his cross-examination soon after that, and the prosecution had no further questions for Dixon.
– Aysha Bagchi
Stormy Daniels knocks Trump on X, saying real men take a stand in court
Porn star Stormy Daniels, who gave riveting testimony this week about her alleged sexual encounter with Trump in his hush money trial, fired back at the former president on X, formerly Twitter, after his legal team’s request for a mistrial based on her testimony was denied twice.
“Real men respond to testimony by being sworn in and taking the stand in court. Oh…wait. Nevermind,” Daniels wrote on X.
The tweet also comes after Trump lawyer Todd Blanche asked Judge Juan Merchan to modify Trump’s gag order so he could respond to Daniels’ testimony. Merchan also denied that request.
Trump has previously attacked Daniels, calling her “horseface” and a “sleaze bag.”
– Sudiksha Kochi
Trump lawyer Emil Bove questioning AT&T witness
Trump lawyer Emil Bove is now asking Dixon questions on cross-examination.
– Aysha Bagchi
AT&T witness helps prosecutors introduce phone records
The prosecution quickly ended its questions for Dixon, which appear geared toward getting evidence of phone records admitted. The phone records involve former Trump lawyer Michael Cohen, who the prosecution indicated in opening statements will be testifying in the trial.
– Aysha Bagchi
Who is Daniel Dixon?
A new witness, Daniel Dixon, has been called to the witness stand. He is a lead compliance analyst who helps with complying with legal demands at AT&T.
– Aysha Bagchi
Westerhout talked with Trump's lawyer Wednesday night
Trump lawyer Susan Necheles ended her cross-examination and prosecutor Rebecca Mangold noted Necheles hadn't asked Westerhout if she had spoken with Necheles before. Mangold then posed that question to Westerhout, who said she spoke with Necheles once before, on Wednesday night.
That question may have been designed to plant the idea in the jury's mind that Westerhout is friendly with the defense team, including in the run-up to her testimony, even though she is a witness called by the prosecution.
When Mangold finished her brief follow-up questions for Westerhout, Necheles asked Westerhout whether she had met with the prosecution previously. Westerhout said she has met with the prosecution three times, has met with them for hours, and the most recent meeting was Wednesday morning.
– Aysha Bagchi
Westerhout statement about Stormy Daniels and Trump's concern for family stricken from court record
Westerhout testified that her memory of Trump's reaction to a story that Stormy Daniels got a hush money deal concerning him is "that he was very upset by it." Westerhout added: "He knew it would be hurtful to his family."
However, Westerhout also said: "I don't believe he specifically said that, but I could just tell the whole situation was very unpleasant." Prosecutor Rebecca Mangold then objected to Westerhout's testimony, likely based on her not having a proper foundation to say Trump was upset because he knew the story was hurtful to his family. Judge Merchan sustained the objection and struck Westerhout's answer from the court record.
– Aysha Bagchi
Westerhout says long-time Trump Organization assistant careful with Trump's money
Trump lawyer Susan Necheles asked Westerhout whether it was true that Rhona Graff, Trump's long-time assistant at the Trump Organization, was "very careful about not wanting to spend the president's money without his approval." Westerhout agreed that was true, and that Trump would often times approve expenses for Graff simply by writing "Pay."
– Aysha Bagchi
Westerhout's lawyer showed her materials this morning that Trump lawyer is asking about
Trump lawyer Susan Necheles is asking Westerhout about some materials that haven't been shown to the jury. Prosecutor Rebecca Mangold interjected to ask about Westerhout's familiarity with them. Westerhout said she was familiar and, on further questioning, explained that her lawyer showed them to her this morning. Yesterday, Westerhout said she has counsel who is representing her for free in this trial.
It's unclear why Westerhout's lawyer reviewed materials with her this morning that Trump's defense is now asking her about.
Following Westerhout's statement about the review this morning, Mangold objected to Trump's team introducing the evidence. After a private conversation between the lawyers and Judge Merchan at the bench, Merchan said he was denying Trump's motion to introduce the evidence.
Questioning has now moved on.
– Aysha Bagchi
Lawyers in lengthy private conversation with judge
Trump lawyer Susan Necheles has begun cross-examining Madeleine Westerhout again today, but the lawyers just had a lengthy private conversation with the judge at his bench.
The conversation followed prosecutor Rebecca Mangold making an objection, after Necheles and Westerhout were talking about Trump sending a photo to Allen Weisselberg of Trump boarding Air Force One for the first time. Weisselberg is the former chief financial officer of the Trump Organization, and is currently incarcerated for committing perjury in Trump's New York civil fraud trial that began in the fall.
The Air Force One photo was discussed yesterday when the prosecution was asking questions.
– Aysha Bagchi
Trump ignores questions about whether he will testify
Former President Donald Trump ignored shouted questions from reporters outside the courtroom about whether he would testify at his New York hush money trial.
But he promoted a Saturday political rally in Wildwood, New Jersey, where he said he would be able to campaign for president despite the “horrible gag order” that prevents him from commenting on witnesses or jurors participating in the case.
– Bart Jansen
Merchan rejects Trump subpoena request for former prosecutor as ‘fishing expedition’
Judge Juan Merchan rejected a request from Trump’s defense team to subpoena Mark Pomerantz, a former prosecutor who criticized District Attorney Alvin Bragg’s handling of the investigation, calling it an illegitimate “fishing expedition.”
Pomerantz complained that Bragg was reluctant to pursue charges, although a grand jury eventually indicted Trump on 34 counts of falsifying business records to hide a hush money payment to porn actress Stormy Daniels before the 2016 election.
Trump has argued that other investigators, including Bragg’s predecessor as district attorney and the Justice Department, declined to press charges after reviewing the same evidence.
Merchan ruled that Trump’s request was too broad and sought evidence that he’s not allowed to have about how prosecutors prepared their case.
“Defendant's Second and Third Requests are far too broad and amount to an improper fishing expedition into general discovery,” Merchan ruled.
– Bart Jansen
Will Karen McDougal testify?
The prosecution said Thursday that Karen McDougal won't testify. McDougal is a former Playboy model who was paid $150,000 from the parent company of the National Enquirer, in a deal to stay quiet ahead of the 2016 election about an alleged Trump affair.
– Aysha Bagchi
Americans views on sex work could affect Stormy Daniels’ credibility
American society’s strong puritanical roots have long kept sex and sex work taboo subjects, despite a widespread use of pornography. However, experts say Americans’ perceptions are beginning to change, which could make a difference in how credible they view Stormy Daniels.
The percentage of Americans who found pornography morally acceptable jumped from 36% in 2017 to 43% in 2018, according to a Gallup poll. That number remained relatively flat at 41% in 2022.
The New York Times reported that Trump’s lawyer Susan Necheles referenced Daniels’ occupation to challenge her credibility. “You have a lot of experience in making phony stories about sex appear to be real,” Necheles said.
“That’s not how I would put it,” Daniels replied. “The sex in the films is very much real, just like what happened to me in that room.”
– Charles Trepany and Rachel Barber
Who is Susan Necheles?
Susan Necheles is a seasoned New York criminal defense lawyer and former prosecutor. She cross-examined Stormy Daniels earlier this week, and she is also due to continue cross-examining former White House aide Madeleine Westerhout later today.
– Aysha Bagchi
Is Trump on trial today?
Yes. Proceedings in Trump's trial are scheduled to start at 9:30 a.m. EDT. Madeleine Westerhout, a former White House aide, is slated to re-take the witness stand for more cross-examination by Trump lawyer Susan Necheles.
– Aysha Bagchi
What is Stormy Daniels' real name? Stephanie Clifford.
Stormy Daniels' real name is Stephanie Clifford. When she introduced herself in court earlier this week, as all witnesses do when they take the stand, she called herself Stormy Daniels. On questioning by prosecutor Susan Hoffinger, she acknowledged that her real name is Stephanie Clifford, but said she prefers to go by Stormy Daniels at the proceedings.
– Aysha Bagchi
Why does Stormy Daniels owe Trump money?
A California judge ordered Stormy Daniels to pay Trump's legal fees after she filed a defamation lawsuit against him. She testified that her former lawyer, Michael Avenatti, wanted to file the lawsuit. He is now in prison for embezzlement and other crimes.
The defamation claim Daniels made wasn't based on her and Trump's dispute over whether they had sex in 2006. It had to do with a Trump tweet about a sketch of a different man who Daniels said threatened her in a parking lot in 2011 to keep quiet about Trump.
Trump has sued Daniels in Florida to get the money, but she still hasn't paid, she testified.
– Aysha Bagchi
Who is Madeleine Westerhout?
Madeleine Westerhout served as an assistant to Donald Trump during the beginning of his presidency before becoming director of Oval Office operations.
Westerhout broke down crying on the witness stand Thursday as she described being fired from her last role in the White House. Westerhout got in trouble for making off-the-record comments to reporters about Trump's children that the then-president described as "hurtful."
The prosecution had Westerhout show jurors where she used to work on a map of the White House – she sat in a room adjacent to the Oval Office. She testified Thursday that she was involved in the process of receiving checks from the Trump Organization that required Trump's signature. Some of the allegedly falsified records in Trump's hush money case are checks prosecutors say Trump signed as he paid his former lawyer, Michael Cohen, while he allegedly misdescribed what the checks were for.
– Aysha Bagchi
Stormy Daniels’ depiction in courtroom sketches captures attention
Stormy Daniels' testimony in Donald Trump’s hush money trial Tuesday included plenty of details but it was the court artist's sketch of the former adult film star that captured the internet's attention.
Many agreed that she looked older in the drawing than she actually looked, while others poked fun at Daniels outright.
There seemed to be a difference between the way the sketch artist thought Daniels looked and how everyone else saw her, a difference noted by several people across multiple posts on X, formerly Twitter.
– Amaris Encinas, Sudiksha Kochi
Why did Trump ask for a mistrial and to change the gag order?
On Thursday, Trump lawyer Todd Blanche made zealous pleas for a mistrial and for a modified gag order based on Stormy Daniels' testimony. He said that some of her testimony was basically a "dog whistle for rape" – even though Daniels insisted she hadn't been physically threatened.
Blanche pointed to portions of Daniels' testimony where she described feeling light-headed, being aware of a power imbalance, and knowing Trump's bodyguard was nearby.
Blanche also characterized parts of Daniels' story as "completely different in kind" from earlier accounts – a claim the prosecution disputed.
Judge Juan Merchan said he wouldn't modify the gag order because he's concerned not just about witnesses who have already testified, but also about potential witnesses who could see Trump's attacks on others and be impacted. He described Trump's comments about people tied to his legal cases as "vitriol," adding: "Your client's track record speaks for itself."
Merchan also said Blanche made Daniels' credibility an issue when he called her claims about a sexual encounter false during his opening statement. The prosecution had the right to rehabilitate her credibility by going into her story after Blanche had "immediately attacked it," Merchan said.
– Aysha Bagchi
What did Stormy Daniels say in court?
Stormy Daniels showed Thursday that she's no shrinking violet, even as she was hammered by an aggressive cross-examination. Trump lawyer Susan Necheles tried to portray Daniels' story as changing between iterations, and portray Daniels herself as money-grubbing.
Daniels pushed back as Necheles raised possible inconsistencies in her story, such as Daniels saying Trump approached her about dinner in one telling, and that Trump's bodyguard approached her on Trump's behalf in another. Daniels replied that Trump and his bodyguard are a unit.
When Daniels characterized her decision to participate in a hush money deal in 2016 as about staying safe, Necheles said it was really about Daniels' bottom line.
"You chose to make money, right?" Necheles said.
"I chose to take the non-disclosure," Daniels responded.
– Aysha Bagchi
This article originally appeared on USA TODAY: Trump trial recap: Judge wants Michael Cohen to stop comments on Trump
