Trump hush-money trial: forensic analyst to resume testimony – live

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Good morning on the final day of the third week of Donald Trump’s hush money criminal trial.

On Thursday, Keith Davidson, the attorney who brokered hush-money payments for both adult film star Stormy Daniels and former Playboy model Karen McDougal, returned to the stand as a witness for the prosecution. Davidson was grilled on communications with Dylan Howard, then the editor of the National Enquirer, and Michael Cohen, Trump’s then fixer.

Davidson testified that as Trump’s presidential victory became clearer on election night in 2016, he texted Howard, asking: “What have we done?” “Oh my god,” Howard replied, with Davidson walking jurors through the texts as they were displayed in court. Davidson told the jury that his phrasing amounted to “gallows humor”. When pressed to explain, Davidson said he meant:

Our activities may have in some way assisted the presidential campaign of Donald Trump.

Prosecutors allege that Cohen paid off Daniels to keep her quiet, and coordinated a payment to McDougal through the National Enquirer’s parent company, American Media Inc, to help Trump’s chances in the election. Trump is on trial in New York for falsification of business records over allegedly listing repayments to Cohen as legal expenses in company documents.

Court is scheduled to begin at 9.30am ET, with forensic analyst Douglas Daus expected to return to the witness stand after a brief appearance yesterday.

We’re at the courthouse again today. Stay with us.

Trump’s criminal hush-money trial: what to know

Key events

Michael Cohen, Donald Trump’s former lawyer and fixer who is now a star witness for the prosecution against his old boss, has not taken the stand yet in this criminal trial in Manhattan. But he’s been a big virtual presence in court.

Under cross examination on Thursday, Trump attorney Emil Bove tried using Keith Davidson’s account of Michael Cohen to create cracks in the expected star witness’ testimony.

Bove asked about Cohen’s behavior in late 2016. Cohen thought he might have become Trump’s chief-of-staff, only to find himself out of the picture, Davidson recalled. He said:

I thought he was gonna kill himself.

Bove also grilled Davidson on his legal dealings related to other former A- and B-listers, such as Hulk Hogan, Charlie Sheen and Tila Tequila, a Playboy model-turned-born again Christian who has allegedly flirted with alt-right ideologies.

In an obvious effort to make Davidson look déclassé, Bove also asked whether Hustler publisher Larry Flynt had offered to indemnify Daniels if she came forward about Trump.

FILE PHOTO: Michael Cohen speaks to the press after attending the Trump Organization civil fraud trial in New York last October.
FILE PHOTO: Michael Cohen speaks to the press after attending the Trump Organization civil fraud trial in New York last October. Photograph: Mike Segar/Reuters

As Donald Trump’s presidential victory became clearer on election night in 2016, Keith Davidson – who brokered hush-money payments for Stormy Daniels and Karen McDougal to bury Trump’s alleged sexual liaisons – seemed shocked that his efforts had worked, texting Dylan Howard, then the editor of the National Enquirer:

What have we done?

Davidson described the phrasing as “gallows humor” about the fact that “our activities may have in some way assisted the presidential campaign of Donald Trump”. Howard responded to the text message with: “Oh my god.”

In addition to being a firsthand account of the purported payoff scheme, Davidson’s time on the stand served to corroborate expected testimony of Michael Cohen, who turned from Trump consigliere to star prosecution witness.

a drawing of a man in a grey suit and blue tie sitting in a courtroom
Lawyer Keith Davidson, who represented former Playboy model Karen McDougal, is cross-examined by defense attorney Emil Bove in Manhattan state court in New York, New York on 2 May 2024 in this courtroom sketch. Photograph: Jane Rosenberg/Reuters

Trump’s lawyers have already signaled they will aggressively attack Cohen’s credibility when he testifies, painting him as a liar with an axe to grind. The prosecution’s questioning of Davidson on Thursday seemed to be a preemptive strike against this defense strategy. Indeed, Davidson’s comments aired problems with Cohen’s credibility before Trump’s lawyers could parade them in front of jurors.

Prosecutor Joshua Steinglass, for example, asked Davidson whether he’d kept communicating with Cohen after the election. Davidson recalled one particularly animated 2016 phone call.

Jesus Christ, can you fucking believe I’m not going to Washington? After everything I’ve done for that fucking guy, I can’t believe I’m not going to Washington.

“I’ve saved that guy’s ass so many times, you don’t even know,” Davidson further recalled of Cohen’s call.

He said I never even got paid. That fucking guy is not even paying me the $130,000 back.

Good morning on the final day of the third week of Donald Trump’s hush money criminal trial.

On Thursday, Keith Davidson, the attorney who brokered hush-money payments for both adult film star Stormy Daniels and former Playboy model Karen McDougal, returned to the stand as a witness for the prosecution. Davidson was grilled on communications with Dylan Howard, then the editor of the National Enquirer, and Michael Cohen, Trump’s then fixer.

Davidson testified that as Trump’s presidential victory became clearer on election night in 2016, he texted Howard, asking: “What have we done?” “Oh my god,” Howard replied, with Davidson walking jurors through the texts as they were displayed in court. Davidson told the jury that his phrasing amounted to “gallows humor”. When pressed to explain, Davidson said he meant:

Our activities may have in some way assisted the presidential campaign of Donald Trump.

Prosecutors allege that Cohen paid off Daniels to keep her quiet, and coordinated a payment to McDougal through the National Enquirer’s parent company, American Media Inc, to help Trump’s chances in the election. Trump is on trial in New York for falsification of business records over allegedly listing repayments to Cohen as legal expenses in company documents.

Court is scheduled to begin at 9.30am ET, with forensic analyst Douglas Daus expected to return to the witness stand after a brief appearance yesterday.

We’re at the courthouse again today. Stay with us.

Trump’s criminal hush-money trial: what to know