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05.13.2024 NYtrial: Tyler McBrien:
Trump walks in, entourage in tow, maybe his largest yet: Eric, Alina Habba, Tuberville, Vance, Malliotakis, Boris Epshteyn, Rep. Nicole Malliotakis.
--
Nice that he was allowed to bring his emotional support MAGAs.
Trump walks in, entourage in tow, maybe his largest yet: Eric, Alina Habba, Tuberville, Vance, Malliotakis, Boris Epshteyn, Rep. Nicole Malliotakis.
--
Nice that he was allowed to bring his emotional support MAGAs.
09:34 AM - May 13, 2024
(Edited)
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Tyler McBrien: Merchan would like to address the Weisselberg separation agreement and general release issue, he reviewed it, but he's not going to allow it in.
Seems to Merchan that it would just be used to provide explanation on why someone isn't here, but not the offense itself.
Seems to Merchan that it would just be used to provide explanation on why someone isn't here, but not the offense itself.
09:38 AM - May 13, 2024
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"The People call Michael Cohen."
It's dead silent, except for some furious typing. The door opens, and Cohen enters, bottle of water in hand, his eyes darting around the gallery.
It's dead silent, except for some furious typing. The door opens, and Cohen enters, bottle of water in hand, his eyes darting around the gallery.
09:41 AM - May 13, 2024
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Adam Klasfeld: Trump's attorney Todd Blanche vowed to show jurors:
"The $35,000 a month was not a payback to Mr. Cohen for the money that he gave to Ms. Daniels."
Jurors have now seen two sworn statements by Trump — and one of the former president's tweets — all describing "reimbursement."
"The $35,000 a month was not a payback to Mr. Cohen for the money that he gave to Ms. Daniels."
Jurors have now seen two sworn statements by Trump — and one of the former president's tweets — all describing "reimbursement."
09:44 AM - May 13, 2024
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On April 22, Blanche also mentioned that Cohen "said that he wanted to see President Trump in an orange jumpsuit. That was last night."
History repeats itself: On Friday, Blanche complained that Cohen posted a TikTok of Trump in an orange jumpsuit—on the eve of testimony.
History repeats itself: On Friday, Blanche complained that Cohen posted a TikTok of Trump in an orange jumpsuit—on the eve of testimony.
09:46 AM - May 13, 2024
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That earned Cohen a rebuke from Justice Merchan, who told prosecutors to convey that the judge asked him from the bench to stop doing that.
Cohen's social media swipes at Trump are almost certain to be an extensive part of cross-ex.
Cohen's social media swipes at Trump are almost certain to be an extensive part of cross-ex.
09:46 AM - May 13, 2024
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Tyler McBrien: Cohen is speaking calmly, in his familiar Long Island accent.
Do you see Mr Trump in court today, and can you point him out?
Cohen wheels around two times in his seat, stands up, then pionts him out.
Do you see Mr Trump in court today, and can you point him out?
Cohen wheels around two times in his seat, stands up, then pionts him out.
09:48 AM - May 13, 2024
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Cohen says he met Trump through Don Jr.—there was a board issue at a Trump building, where Cohen and relatives had a bloc of apartments, and Cohen and his allies took over the board.
That was the start of their relationship.
That was the start of their relationship.
09:49 AM - May 13, 2024
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Adam Klasfeld: Cohen describes his early legal work at the firm Phillips, Nizer — and how he started working for Trump on "some legal" and "some non-legal matters."
Q: Did he pay you for that work?
A: No, ma'am.
Q: Did he pay you for that work?
A: No, ma'am.
09:50 AM - May 13, 2024
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Tyler McBrien: Trump summoned Cohen to his office to discuss the bill and asked him if he was happy at his "sleepy little firm," and whether Cohen would want to come work for him instead.
"I was honored, I was surpised," Cohen recalls.
"I was honored, I was surpised," Cohen recalls.
09:51 AM - May 13, 2024
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The bill never got paid.
Instead, Trump offered him a position as Executive VP of Trump Org and special counsel to Trump, reporting directly and only to Trump, "working on issues that were of concern to him."
After a negotiation, they settled on a $375k base salary.
Instead, Trump offered him a position as Executive VP of Trump Org and special counsel to Trump, reporting directly and only to Trump, "working on issues that were of concern to him."
After a negotiation, they settled on a $375k base salary.
09:52 AM - May 13, 2024
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"I actually never went back, not even that day," says Cohen, as associates from the Trump organization went over to Cohen's old firm to pack up his things and move them to Trump Tower.
Cohen would work there for ten years: 2007 - Jan 2017.
Cohen would work there for ten years: 2007 - Jan 2017.
09:53 AM - May 13, 2024
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Eventually, Cohen got the position of Trump's "special counsel," negotiating a salary of $375k base salary with a bonus to be discussed.
It ultimately added up to $525k, Cohen says.
It ultimately added up to $525k, Cohen says.
09:54 AM - May 13, 2024
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Right out of the gate, Hoffinger is establishing that everything Cohen did, he did at the sole discretion of Donald Trump.
Cohen says his duties "concerned whatever [Trump] wanted."
He had only one boss: "The Boss," Mr. Trump.
Cohen says his duties "concerned whatever [Trump] wanted."
He had only one boss: "The Boss," Mr. Trump.
09:55 AM - May 13, 2024
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Q: Did he ever ask you to renegotiate bills for him?
A: Yes
Q: Examples?
A: A law firm would send an invoice, Trump didn't believe it was fair, reasonable, justified, so he'd give me the task of renegotiating.
Q: What about for specific vendor bills for Trump University?
A: Yes
A: Yes
Q: Examples?
A: A law firm would send an invoice, Trump didn't believe it was fair, reasonable, justified, so he'd give me the task of renegotiating.
Q: What about for specific vendor bills for Trump University?
A: Yes
09:56 AM - May 13, 2024
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Cohen recounts how he renegotiated all the Trump University bills, at Trump's direction. Cohen was able to work out all but two vendors.
"They just...went away," Cohen says of the two vendors who didn't want to accept renegotiations.
"They just...went away," Cohen says of the two vendors who didn't want to accept renegotiations.
09:57 AM - May 13, 2024
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Cohen says he wanted Trump to understand that he was "accomplishing what he wanted." After his work in the Trump University matter, Cohen remembers that Trump said "That's fantastic."
Q: How'd that make you feel?
A: Like I was on top of the world.
Q: How'd that make you feel?
A: Like I was on top of the world.
09:57 AM - May 13, 2024
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Did you do negotiate for Trump in a strong or threatening matter?, Hoffinger asks.
"I would say so," Cohen responds with a note of regret in his voice. "Not all the time, but often."
"I would say so," Cohen responds with a note of regret in his voice. "Not all the time, but often."
09:59 AM - May 13, 2024
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More matters: getting a settlement from a yellow cab that hit a Trump car, handling adjustment with the insurance company about a residence bathroom, and, more to the point, working with the press to minimize negative stories and enhance positive stories about Trump and his biz.
09:59 AM - May 13, 2024
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Hoffinger asks about floor plans, not for the first time this trial: Cohen says he ended up sitting at a desk "maybe 50 feet" from Trump's office.
Q: How often did you speak with Trump when you worked there?
A: "Every single day, and multiple times a day."
Q: How often did you speak with Trump when you worked there?
A: "Every single day, and multiple times a day."
10:01 AM - May 13, 2024
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Q: Did you ever contact Mr Trump through somebody else?
A: Yes
Q: Who?
A: Many people, depending on who he was with. Could be Rhona, Keith Schiller (whom Cohen called his "personal attaché"), Trump's children, Hope Hicks.
A: Yes
Q: Who?
A: Many people, depending on who he was with. Could be Rhona, Keith Schiller (whom Cohen called his "personal attaché"), Trump's children, Hope Hicks.
10:03 AM - May 13, 2024
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Q: Did Trump use email?
A: No, Mr Trump never had an email address.
Q: Did Trump share his philosophy on emails?
A: Trump would comment that emails are like written papers, he knows too many people who have gone down as a direct result of having emails prosecutors can use.
A: No, Mr Trump never had an email address.
Q: Did Trump share his philosophy on emails?
A: Trump would comment that emails are like written papers, he knows too many people who have gone down as a direct result of having emails prosecutors can use.
10:04 AM - May 13, 2024
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Mr Trump had an open door policy, Cohen says. He would often go to Trump's office, knock on the door, say Boss you got a second?, and walk right in.
Would he generally record those meetings in his calendar. "No ma'am," says Cohen.
Would he generally record those meetings in his calendar. "No ma'am," says Cohen.
10:05 AM - May 13, 2024
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Cohen says Trump would say, Keep me informed, let me know what's going on—what he's saying, what everybody did, as soon as you had a result or answer, you'd go straight back and tell him.
Q: Was Trump a micromanager?
A: Yes ma'am.
Q: Was Trump a micromanager?
A: Yes ma'am.
10:06 AM - May 13, 2024
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Q: In working for him for 10 years, what was it like for you?
A Fantastic. Working for *him* especially was an amazing experience in many, many ways. There were great times, several less than great times, but for the most part I enjoyed the responsibilities that was given to me..
A Fantastic. Working for *him* especially was an amazing experience in many, many ways. There were great times, several less than great times, but for the most part I enjoyed the responsibilities that was given to me..
10:07 AM - May 13, 2024
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Q: Did you lie for him?
A: Yes, it was what was needed.
Q: Did you at times bully people for him?
A: Yes, in order to accomplish the task—the only thing that was on my mind was to accomplish the task to make him happy.
Cohen says he was rewarded for this with titles and seats.
A: Yes, it was what was needed.
Q: Did you at times bully people for him?
A: Yes, in order to accomplish the task—the only thing that was on my mind was to accomplish the task to make him happy.
Cohen says he was rewarded for this with titles and seats.
10:09 AM - May 13, 2024
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Q: Are you aware that in connection for your work with him, some called you his "fixer"?
A: Yes some have described me as that.
Q: Is that an accurate moniker?
A: It's fair, (he says solemnly).
Hoffinger is asking about two phone numbers (last four digits), likely CP1 and CP2.
A: Yes some have described me as that.
Q: Is that an accurate moniker?
A: It's fair, (he says solemnly).
Hoffinger is asking about two phone numbers (last four digits), likely CP1 and CP2.
10:10 AM - May 13, 2024
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Thus far, the jury remains as poker-faced as ever, ping-ponging their gaze between prosecutor and witness like tennis spectators, scribbling down a few notes occasionally.
Q: Did you provide those phones in Jan 2023?
A :Yes, that sounds correct.
Q: Did you provide those phones in Jan 2023?
A :Yes, that sounds correct.
10:12 AM - May 13, 2024
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More questions about contacts in his phone—names, email addresses, cell numbers, home numbers.
We ultimately decided, and Trump agreed, to have his contacts synced to my cell phone as well, so that it would be easier when we traveled together, Cohen says.
We ultimately decided, and Trump agreed, to have his contacts synced to my cell phone as well, so that it would be easier when we traveled together, Cohen says.
10:13 AM - May 13, 2024
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Did you communicate with David Pecker using encrypted app called signalapp?, Hoffinger asks.
Sometimes we thought that encryption and not having the message traceable would be beneficial, Cohen says.
Sometimes we thought that encryption and not having the message traceable would be beneficial, Cohen says.
10:16 AM - May 13, 2024
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Before 2015, Cohen communicated with Pecker only on a few matters. One example: trying to place a positive story that Trump donated to Harlem for Hoops.
10:17 AM - May 13, 2024
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Q: Prior to Trump announcing his run for the presidency, did AMI ever pay to suppress negative stories of Trump?
A: No ma'am.
Q: Do you know someone named Dylan Howard, what was his role?
A: Yes, he worked for Mr Pecker to the same extent that I worked for Mr Trump.
A: No ma'am.
Q: Do you know someone named Dylan Howard, what was his role?
A: Yes, he worked for Mr Pecker to the same extent that I worked for Mr Trump.
10:17 AM - May 13, 2024
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Cohen says he would also communicated with Howard using Signal "for the same reason, it was a matter we wanted to keep private."
10:19 AM - May 13, 2024
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n 2011, Cohen says he saw a poll stated 6 percent of respondents thought Trump should be the president, and he showed Trump.
It's interesting, we should look into it, Cohen says Trump said to him, and Cohen started a website: http://shouldtrumprun.com
It's interesting, we should look into it, Cohen says Trump said to him, and Cohen started a website: http://shouldtrumprun.com
10:21 AM - May 13, 2024
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Q: What was your campaign role?
A: I wasn't going to be part of it, just going to be a surrogate—someone who speaks on behalf of the candidate and defends him in the press. Speaks to the press, provides color, but not as a member of the campaign, but rather as an outside person.
A: I wasn't going to be part of it, just going to be a surrogate—someone who speaks on behalf of the candidate and defends him in the press. Speaks to the press, provides color, but not as a member of the campaign, but rather as an outside person.
10:23 AM - May 13, 2024
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Cohen says one of the things he noticed about the Trump campaign is that it was very white—he said that if we're going to win, we need diversity.
10:25 AM - May 13, 2024
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Q: Prior to the campaign announcement, did Trump express any concern about his past?
A: [Trump said] You know that when this comes out—meaning the presidential announcement—just be prepared there's a lot of women that are going to come forward.
A: [Trump said] You know that when this comes out—meaning the presidential announcement—just be prepared there's a lot of women that are going to come forward.
10:25 AM - May 13, 2024
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Cohen describes what was discussed at the meeting with Pecker: the power of the NE in terms of its location at the cash registers of so many supermarkets and bodegas that if can place (+) stories about TFG, that would be beneficial, and if we could place (-) stories bout other candidates
10:28 AM - May 13, 2024
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Q: In the course of the election, did AMI preview for Trump and Cohen some of the positive and negative stories they planned to run?
A: Yes, Cohen says, and describes some of the negatives ones: Hillary Clinton wearing very thick glasses w/ allegations that she had brain injury
A: Yes, Cohen says, and describes some of the negatives ones: Hillary Clinton wearing very thick glasses w/ allegations that she had brain injury
10:29 AM - May 13, 2024
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...photos of Ted Cruz's father with Lee Harvey Oswald, Marco Rubio in a swimming pool with other men, claiming they were having a drug binge of some sort.
Cohen says they would also review the cover material, which he would show immediately to Trump to "show David was loyal"
Cohen says they would also review the cover material, which he would show immediately to Trump to "show David was loyal"
10:30 AM - May 13, 2024
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Hoffinger shows People's 166: it's an email from Cohen to Barry Levine (AMI), cc Howard. Levine sent to Cohen some positive stories, and Cohen responded: "Take out the part of the penthouse pet Sandra, as it offers nothing," along with another bit about Atlantic City.
10:32 AM - May 13, 2024
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The email was from Jan 6, 2016, and Cohen thought the Penthouse pet bit would be negative for Trump, the way it dealth with women and penthouse—ultimately AMI agreed to take it out. The article eventually ran as: "World Exclusive: The Donald Trump That Nobody Knows!" (1/13/2016)
10:33 AM - May 13, 2024
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Hoffinger asks about the doorman story: after Cohen learned a story was circulating, he spoke to to Trump about it, "to get his direction on what he wanted me to do."
Q: Did you provide his name?
A: Yes, I provided all the information.
Q: Did you provide his name?
A: Yes, I provided all the information.
10:34 AM - May 13, 2024
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Cohen says Trump told him to make sure this doorman story doesn't get out: "You handle it."
Q: What did you do?
A: I worked with Pecker and Howard in order to obtain the "life rights" story.
Q: Along the way did you update Trump about the matter?
A: Immediately.
Q: What did you do?
A: I worked with Pecker and Howard in order to obtain the "life rights" story.
Q: Along the way did you update Trump about the matter?
A: Immediately.
10:35 AM - May 13, 2024
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To borrow a phrase from David Pecker, Cohen says they acquired the life rights to "Take it off the market."
Q: Did you tell AMI that Trump would be grateful?
A: Absolutely.
Q: Was Trump grateful?
A: Absolutely.
Q: Did you tell AMI that Trump would be grateful?
A: Absolutely.
Q: Was Trump grateful?
A: Absolutely.
10:37 AM - May 13, 2024
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Cohen describes the ways in which he helped negotiate the NDA: What I found was that the agreement had what I considered to be an end date, so I thought why not make it in perpetuity?
Q: What does that mean?
A: It means forever.
Q: What does that mean?
A: It means forever.
10:38 AM - May 13, 2024
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Cohen puts on glasses to read an email about the liquidated damages amendment (the now familiar $1m clause continuing in perpetuity), then the relevant NDA page.
Cohen told Trump about the damages clause "to get credit for accomplishing the task"—and Trump said it was great.
Cohen told Trump about the damages clause "to get credit for accomplishing the task"—and Trump said it was great.
10:42 AM - May 13, 2024
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June 2016: did Cohen hear about a story from a Karen McDougal?
Yes, Cohen learned about it in a call from Pecker or Howard, that there's a story on the market about a Playmate and her relationship with Trump.
What effect did you think it would have on his campaign?
Significant
Yes, Cohen learned about it in a call from Pecker or Howard, that there's a story on the market about a Playmate and her relationship with Trump.
What effect did you think it would have on his campaign?
Significant
10:45 AM - May 13, 2024
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When Cohen initially asked Trump about the McDougal story, Trump just said, "She's really beautiful."
Cohen: "I said okay, but do you realize there's a story that's being shopped around?"
Finally, Cohen says Trump asked him to handle it.
Cohen: "I said okay, but do you realize there's a story that's being shopped around?"
Finally, Cohen says Trump asked him to handle it.
10:46 AM - May 13, 2024
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We discuss the catch-and-kill scheme for the McDougal story.
Q: Did you want to make sure AMI was doing it?
A: Yes. Objection—sustained. Cohen looks up at Justice Merchan with a confused look, but Hoffinger continues.
Q: Did you want to make sure AMI was doing it?
A: Yes. Objection—sustained. Cohen looks up at Justice Merchan with a confused look, but Hoffinger continues.
10:46 AM - May 13, 2024
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After a few quick questions in succesion, Hoffinger gently urges Cohen: Let me finish the question then you can answer, for the sake of the court reporter too.
Cohen takes a sip of water and agrees.
Cohen takes a sip of water and agrees.
10:47 AM - May 13, 2024
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We see 6/16/16 texts btwn Howard and Cohen about a meeting re: Karen McDougal.
Then, People's 262, texts now, from Cohen to Schiller: Can we speak? I need you No response.
MC: You there? (a few stifled laughs from the press).
KS: In Dallas
MC: Where's the boss?
KS: Next to me
Then, People's 262, texts now, from Cohen to Schiller: Can we speak? I need you No response.
MC: You there? (a few stifled laughs from the press).
KS: In Dallas
MC: Where's the boss?
KS: Next to me
10:50 AM - May 13, 2024
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Tyler McBrien: We move to a bit later in June 2016, a phone call btwn Trump and Pecker, Cohen was present too in Trump's office. Cohen recalls: Trump asked him how things were going with the matter, David said we have this under control, and we'll take care of this.
10:58 AM - May 13, 2024
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Cohen says Pecker went on to say that it would cost them over $100k to control the story, to which Trump said "no problem, I'll take care of it." It was discussed that AMI would "lay out the funds," and understood that Trump would pay them back, though details not discussed.
10:58 AM - May 13, 2024
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Cohen says he asked Pecker to keep him updated. More texts: 7/28/16 from Cohen to Howard, "can you call me?"
Response: I've not heard back from our guy yet, so no update.
Who was this guy? Cohen pauses, as if to recall the name:
I believe it was Keith Davidson
Response: I've not heard back from our guy yet, so no update.
Who was this guy? Cohen pauses, as if to recall the name:
I believe it was Keith Davidson
10:59 AM - May 13, 2024
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On 7/29/16 text from Howard to Cohen (paraphrased): They rejected the offer, told them to come back to me by EOD with a realistic number. He fears McDougal has been convinced to tell her story to ABC.
I implored my guy to GET IT DONE, he's getting back to me
I implored my guy to GET IT DONE, he's getting back to me
11:00 AM - May 13, 2024
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Q: Why were you pressing Howard for this information?
A: 1, I wanted to know what the number was bc I would have to report that back to Mr Trump; 2, I needed to know what day I could update Trump
A: 1, I wanted to know what the number was bc I would have to report that back to Mr Trump; 2, I needed to know what day I could update Trump
11:01 AM - May 13, 2024
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Q: What were the terms of the AMI agreement going to be?
A: Compensation of $150k, as well as 24 penned articles that would bear her name, as well as, she was going to be on 2 covers of one of the magazines they owned.
A: Compensation of $150k, as well as 24 penned articles that would bear her name, as well as, she was going to be on 2 covers of one of the magazines they owned.
11:02 AM - May 13, 2024
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Q: Did Pecker tell you the agreement was "bulletproof"? What did you understand that to mean?
A: That they got it, that it was locked down, that we prevented the story from being released on ABC News.
Effectively the story has now been "caught."
A: That they got it, that it was locked down, that we prevented the story from being released on ABC News.
Effectively the story has now been "caught."
11:03 AM - May 13, 2024
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Cohen says he had worked with KD back in 2011, when there was a story our there about Stormy Daniels on a website called The Dirty dot com, that Stormy atually had wanted to get taken down, "And we had worked together to effectuate that."
11:04 AM - May 13, 2024
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We see People's 62, an 8/5/16 email from Davidson to Cohen: "Michael, Please call me at your convenience," sent after AMI signed deal with McDougal.
Cohen describes the substance of the call, he told KD: Great job, Boss will be very happy about it, matter is now resolved.
Cohen describes the substance of the call, he told KD: Great job, Boss will be very happy about it, matter is now resolved.
11:05 AM - May 13, 2024
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After AMI finalized deal and paid out $150k, did Cohen have any conversations with Trump about him reimbursing Pecker?
Yes, Pecker asked Cohen when he should anticipate the reimbursement—he needed it back bc it was too much money for him to hide from the CEO of parent company...
Yes, Pecker asked Cohen when he should anticipate the reimbursement—he needed it back bc it was too much money for him to hide from the CEO of parent company...
11:06 AM - May 13, 2024
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...and he had just laid out $30k previous, so he was putting pressure on me to speak to Mr Trump and get the money back, Cohen says of Pecker.
Pecker insisted several times, and he was "very" upset in these multiple conversations.
Pecker insisted several times, and he was "very" upset in these multiple conversations.
11:06 AM - May 13, 2024
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Cohen says Pecker asked him if he would meet him as his fav Italian restaurant, and he expressed his anger once again: I need to get this money back Pecker said, and Cohen just said Trump said you'll get this money back, so you'll get it back.
11:07 AM - May 13, 2024
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Apparently there was a locked drawer with files that related to Trump in Pecker's office, when Pecker was being considered for CEO at Time, Inc.—Cohen says he expressed concern about these papers to Trump, "if he goes." Pecker says he told Cohen they could take control over them.
11:10 AM - May 13, 2024
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Hoffinger asks about a 12/6/2016 recorded conversation with Trump about purchasing life rights to McDougal's story and other AMI stories—it was the only conversation Cohen recorded of Trump.
It was so I could show it to Pecker, so that he'd know he would be paid.
It was so I could show it to Pecker, so that he'd know he would be paid.
11:11 AM - May 13, 2024
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Q: How did you record?
A: Cohen says he had his cell in his hand, put it on voice memo, hit record, and walked in to Trump's office.
Not exactly secret agent stuff.
A: Cohen says he had his cell in his hand, put it on voice memo, hit record, and walked in to Trump's office.
Not exactly secret agent stuff.
11:12 AM - May 13, 2024
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Cohen says Trump was not aware he was recording.
Hoffinger hands up a thumbdrive, incl. Peoples 246, 248, a recording and transcript, respectively.
Hoffinger hands up a thumbdrive, incl. Peoples 246, 248, a recording and transcript, respectively.
11:13 AM - May 13, 2024
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https://www.documentcloud.org/documents/24631032-peoples-248-cohen-trump-recording-transcript-962016
On the recording: Cohen, Trump, and Graff, it's the one when Cohen says, "I need to open up a company for the transfer of all of that info regarding our friend, David, you know, so that -- I’m going
On the recording: Cohen, Trump, and Graff, it's the one when Cohen says, "I need to open up a company for the transfer of all of that info regarding our friend, David, you know, so that -- I’m going
11:16 AM - May 13, 2024
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https://soundcloud.com/user-811579891/peoples-246-cohen-trump#t=0:00
(Note: the transcript is only a portion of the recording, which you can find in full here, with thanks to Law360):
(Note: the transcript is only a portion of the recording, which you can find in full here, with thanks to Law360):
11:18 AM - May 13, 2024
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As the tape plays, we're literally in Cohen's hand, and we hear Trump wrap up a phone call.
"Great poll by the way, great poll," Cohen says fawningly to Trump when he hangs up.
The recording continues, and Trump is poker-faced. The jurors are poker-faced. Everyone in the gallery is poker-faced.
"Great poll by the way, great poll," Cohen says fawningly to Trump when he hangs up.
The recording continues, and Trump is poker-faced. The jurors are poker-faced. Everyone in the gallery is poker-faced.
11:19 AM - May 13, 2024
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The clip ends, and Hoffinger says we'll stop and start portions, and she'll ask questions.
Q: Who was our friend David?
A: Pecker
Q: All that info?
A: Including the McDougal matter.
Q: Opening up a company?
A: In order to have separation, keeping it away from Trump.
Q: Who was our friend David?
A: Pecker
Q: All that info?
A: Including the McDougal matter.
Q: Opening up a company?
A: In order to have separation, keeping it away from Trump.
11:20 AM - May 13, 2024
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Q: Why was it important to keep it away from Trump?
A: For privacy purposes and for the benefit of Mr Trump.
Q: Why didn't you use Pecker's full name?
A: It wasn't necessary—Mr Trump knew what I was referring to. It was an ongoing conversation we had been having.
A: For privacy purposes and for the benefit of Mr Trump.
Q: Why didn't you use Pecker's full name?
A: It wasn't necessary—Mr Trump knew what I was referring to. It was an ongoing conversation we had been having.
11:21 AM - May 13, 2024
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Now onto the mention of Allen Weisselberg:
Q: Why did you bring him up?
A: Mr. Trump had previously directed me to speak with Weisselberg about getting this matter handled?
Q: Why did you bring him up?
A: Mr. Trump had previously directed me to speak with Weisselberg about getting this matter handled?
11:24 AM - May 13, 2024
76/124
Now we hear the rest of the tape.
Q: What was the significance of "all that stuff"
A: The information that Pecker had accumulated about Trump, including the McDougal story.
Q: What did hit by a truck mean?
A: Pecker was being considered for CEO at Time Inc and concern was info.
Q: What was the significance of "all that stuff"
A: The information that Pecker had accumulated about Trump, including the McDougal story.
Q: What did hit by a truck mean?
A: Pecker was being considered for CEO at Time Inc and concern was info.
11:25 AM - May 13, 2024
77/124
Q: You mentioned financing?
A: That was not the best usage—what I really meant was funding not financing, meaning how much money needed to be paid to Pecker, AMI.
Q: Why did Trump say pay with cash?
A: To pay with green, which would be one way to avoid a paper transaction.
A: That was not the best usage—what I really meant was funding not financing, meaning how much money needed to be paid to Pecker, AMI.
Q: Why did Trump say pay with cash?
A: To pay with green, which would be one way to avoid a paper transaction.
11:28 AM - May 13, 2024
78/124
Alright jurors, let's take our morning recess, I'll see you in 15 mins, Merchan says.
Cohen flits his head up and looks at each juror as they pass. He then walks out himself, looking a bit uneasy as he heads out the side door.
Cohen flits his head up and looks at each juror as they pass. He then walks out himself, looking a bit uneasy as he heads out the side door.
11:29 AM - May 13, 2024
79/124
Tyler MCBrien: Hoffinger is back up: why did you think it was a bad idea to pay in cash?
A: Bc we needed to acquire the documents, and a check would make it appear to be a proper transaction.
Q: What do you recall about why the recording cut off?
A: Bc I received an incoming phone call.
A: Bc we needed to acquire the documents, and a check would make it appear to be a proper transaction.
Q: What do you recall about why the recording cut off?
A: Bc I received an incoming phone call.
11:48 AM - May 13, 2024
80/124
Q :Was there another reason why you felt comfortable ending the recording?
A: I didn't want to record more, I already had enough to show Pecker that he would receive the $150k back
A: I didn't want to record more, I already had enough to show Pecker that he would receive the $150k back
11:49 AM - May 13, 2024
81/124
Hoffinger displays a record of Cohen's call history to corroborate the incoming call came in when the recording cut off.
(Note on the gallery: no sign of Tuberville and Vance after the morning recess.)
(Note on the gallery: no sign of Tuberville and Vance after the morning recess.)
11:50 AM - May 13, 2024
82/124
After Cohen ended the recording, he says he continued speaking with Trump.
The gist: I'm gonna head over to Allen Weisselberg's office, and I'll get back to him with more of an update.
Q: The point was to convince Pecker he'd receive the $
A: To appease him he'd get the money.
The gist: I'm gonna head over to Allen Weisselberg's office, and I'll get back to him with more of an update.
Q: The point was to convince Pecker he'd receive the $
A: To appease him he'd get the money.
11:50 AM - May 13, 2024
83/124
Q: Did Weiseselberg report directly to Trump?
A: Yes
Now, more floor plans:
Q: Where was Weisselberg's office in relation to Trump's?
A: Also on the 26th closer, toward the back.
Q: Who was closer, you or Cohen?
A: Initially similar, then I saw.
A: Yes
Now, more floor plans:
Q: Where was Weisselberg's office in relation to Trump's?
A: Also on the 26th closer, toward the back.
Q: Who was closer, you or Cohen?
A: Initially similar, then I saw.
11:52 AM - May 13, 2024
84/124
Q: What did you talk about with Weisselberg re: the McDougal transaction?
A: I told him we'd need $150k to "consummate" this transaction—[Interesting choice of words from Cohen.]—but doing so with a Trump entity name would defeat the purpose.
So, Cohen opened up an LLC.
A: I told him we'd need $150k to "consummate" this transaction—[Interesting choice of words from Cohen.]—but doing so with a Trump entity name would defeat the purpose.
So, Cohen opened up an LLC.
11:54 AM - May 13, 2024
85/124
Cohen says he had 10-12 convos with Weisselberg about the McDougal matter.
Hoffinger shows People's 209—communications btwn Cohen and David Rotstein, an associate at AMI, about five possible names for the LLC. The first message was from 9/7/2016—just one day after recorded convo
Hoffinger shows People's 209—communications btwn Cohen and David Rotstein, an associate at AMI, about five possible names for the LLC. The first message was from 9/7/2016—just one day after recorded convo
11:57 AM - May 13, 2024
86/124
Hoffinger is having Cohen walk us through how Cohen set up Resolution Consultants, LLC and the McDougal NDA, the transfer of the McDougal life rights, other documents, etc.
12:03 PM - May 13, 2024
87/124
Q: Why did this agreement reference $125k and not $150k?
A: Pecker said we're going to reduce it from $150k to $125k, but bc they were talking to McDougal about penned articles and covers, compensation to her on their books would be $25k.
A: Pecker said we're going to reduce it from $150k to $125k, but bc they were talking to McDougal about penned articles and covers, compensation to her on their books would be $25k.
12:04 PM - May 13, 2024
88/124
Given his strong performance thus far, many people expect Emil Bove to handle the cross of Cohen—but as AnnaBower points out, it looks ike it'll be Todd Blanche, who has been on objection duty during the direct this morning.
12:05 PM - May 13, 2024
89/124
Adam Klasfeld:
Asked whether the assignment agreement would have him or Trump own McDougal's story, Cohen says it was Trump.
"I had no reason to own, no need to own, the life rights," Cohen says. "What I was doing was at the direction of and for the benefit for Mr. Trump."
Asked whether the assignment agreement would have him or Trump own McDougal's story, Cohen says it was Trump.
"I had no reason to own, no need to own, the life rights," Cohen says. "What I was doing was at the direction of and for the benefit for Mr. Trump."
12:08 PM - May 13, 2024
90/124
Tyler McBrien: Cohen: Pecker stated it was no longer necessary to have Trump pay the $125k. I asked him why, satisfied that I wouldn't have to tell Trump he'd have to pay that much money The reason was bc the McDougal Mens Health front cover had sold more copies than they ever sold.
12:10 PM - May 13, 2024
91/124
Q: What about the other materials in Pecker's "locked drawer"?
A: David was no longer considered for Time, he was going to stay at AMI, so there was no need to worry, and he believed none of the docs in the locked drawer were detrimental to Trump anyway.
A: David was no longer considered for Time, he was going to stay at AMI, so there was no need to worry, and he believed none of the docs in the locked drawer were detrimental to Trump anyway.
12:11 PM - May 13, 2024
92/124
How many conversations did you have with Trump about the Karen McDougal deal?, Hoffinger asks.
Quite a few, says Cohen.
He adds that he never ended up playing the recorded conversation for Pecker: "I just never played it."
Quite a few, says Cohen.
He adds that he never ended up playing the recorded conversation for Pecker: "I just never played it."
12:12 PM - May 13, 2024
93/124
Fast forward to 10/7/16: where were you on that day?
A: I was in London, for my daughter's 21st birthday as well as my anniversary.
Q: While there, did you become aware of the release of the AH tape, and how?
A: Yes, I received a phone call from Hope Hicks.
A: I was in London, for my daughter's 21st birthday as well as my anniversary.
Q: While there, did you become aware of the release of the AH tape, and how?
A: Yes, I received a phone call from Hope Hicks.
12:13 PM - May 13, 2024
94/124
Cohen remembers receiving an email forward from Steve Bannon about the AH tape, and Hoffinger shows Cohen that email (which also includes Hope Hicks, Jason Miller, and Kellyanne Conway) on his monitor.
Hoffinger offers People's 218 into evidence, Blanche objects—overruled.
Hoffinger offers People's 218 into evidence, Blanche objects—overruled.
12:14 PM - May 13, 2024
95/124
We all see the email now, from David Fahrenthold to Hicks, re: Urgent WaPo query, asking her for comment w/r/t the leak of the tape from AccessHollywood, with a transcript attached.
12:16 PM - May 13, 2024
96/124
Hicks had emailed to Bannon and Miller: "Need to hear the tape to be sure" then "deny, deny, deny" — which Bannon had forwarded to Cohen.
Cohen responded: Please call me, "because I wanted to be sure things were properly being taken care of to protect Mr. Trump."
Cohen responded: Please call me, "because I wanted to be sure things were properly being taken care of to protect Mr. Trump."
12:16 PM - May 13, 2024
97/124
Cohen writes in another email to Bannon: "It's all over the place. Whose doing damage control here?"
Q: Were you concerned about the impact of this tape on Trump's campaign?
A: Yes.
Q: Were you concerned about the impact of this tape on Trump's campaign?
A: Yes.
12:17 PM - May 13, 2024
98/124
Adam Klasfeld:
Displaying phone records, the prosecutor shows Cohen on the phone with Trump twice on Oct. 8, 2016.
"The spin he wanted to put on this was that it was 'locker room talk,'" Cohen says, adding that Trump told him that's what Melania "thought it was."
Displaying phone records, the prosecutor shows Cohen on the phone with Trump twice on Oct. 8, 2016.
"The spin he wanted to put on this was that it was 'locker room talk,'" Cohen says, adding that Trump told him that's what Melania "thought it was."
12:20 PM - May 13, 2024
99/124
Tyler McBrien
We see a call log, calls that Cohen took in London while at dinner with family and friends.
Q: What did you at that time to assist with the damage control effort?
A: I reached out to members of the media to have conversations with them.
We see a call log, calls that Cohen took in London while at dinner with family and friends.
Q: What did you at that time to assist with the damage control effort?
A: I reached out to members of the media to have conversations with them.
12:21 PM - May 13, 2024
100/124
Q: What was your understanding about why the press reached out to you about this?
A: The recording was quite damaging, and they wanted comment.
Hoffinger displays People's 257, 10/8/16 texts btwn Cohen and (then CNN anchor) Chris Cuomo
A: The recording was quite damaging, and they wanted comment.
Hoffinger displays People's 257, 10/8/16 texts btwn Cohen and (then CNN anchor) Chris Cuomo
12:22 PM - May 13, 2024
101/124
CC: You going to defend him?
MC: I'm in London
MC: I have been asked by everyone to do shows starting Tuesday [when he'd be back in NYC]
MC: Not sure what I will do
CC: Will be too late. He is dying right now
("He" meaning Trump.)
MC: I'm in London
MC: I have been asked by everyone to do shows starting Tuesday [when he'd be back in NYC]
MC: Not sure what I will do
CC: Will be too late. He is dying right now
("He" meaning Trump.)
12:23 PM - May 13, 2024
102/124
Q: What did you understand "he is dying" to mean?
A: That this is a tremendously negative story w/r/t the Trump campaign.
Q: What did you understand to be the impact of the AH tape on the campaign?
Objection—sustained.
Hoffinger restates, objection—overruled.
A: That this is a tremendously negative story w/r/t the Trump campaign.
Q: What did you understand to be the impact of the AH tape on the campaign?
Objection—sustained.
Hoffinger restates, objection—overruled.
12:24 PM - May 13, 2024
103/124
Cohen says that he understood the Access Hollywood tape "would be significantly impactful—especially with women voters."
Another email is displayed: an email from Cohen to Howard, cc Pecker. It's about a story from Oct 2006, before AMI owned it, Radar Magazine, headline: "Donald Trump, Playboy Man
Another email is displayed: an email from Cohen to Howard, cc Pecker. It's about a story from Oct 2006, before AMI owned it, Radar Magazine, headline: "Donald Trump, Playboy Man
12:26 PM - May 13, 2024
104/124
Cohen says the 2006 Radar Online story "Donald Trump, Playboy Man" talked about a recorded conversation between Trump just how exacting the real estate blowhard's standards are regarding women"—he asked Pecker/Howard to immediately take it down.
12:27 PM - May 13, 2024
105/124
Cohen says he told Trump "the situation would get handled"—"to get credit" he adds—and "I wanted David Pecker to get credit as well."
Now, hours into the direct, we hear the name "Stormy Daniels" for the first time.
Now, hours into the direct, we hear the name "Stormy Daniels" for the first time.
12:28 PM - May 13, 2024
106/124
Q: When Howard told you on 10/8/16 that Stormy Daniels' manager was trying to sell her story, did you know who she was?
A: I did—in reference back to the 2011 scenario that I had dealt previously with Davidson on, in order to have the story removed from The Dirty dot com.
A: I did—in reference back to the 2011 scenario that I had dealt previously with Davidson on, in order to have the story removed from The Dirty dot com.
12:29 PM - May 13, 2024
107/124
Q: In terms of Daniels story getting out, what if anything did you think in terms of potential impact on the campaign?
A: Catastrophic, that this is—he pauses—horrible for the campaign.
A: Catastrophic, that this is—he pauses—horrible for the campaign.
12:30 PM - May 13, 2024
108/124
Q: In 2011, did you have a convo w/ Trump about Stormy Daniels?
A: Yes, after I received info from Howard, I immediately went to Trump's office, and I told him about the conversation, asked him if he knew who she was, he said he did...
A: Yes, after I received info from Howard, I immediately went to Trump's office, and I told him about the conversation, asked him if he knew who she was, he said he did...
12:32 PM - May 13, 2024
109/124
...and I told him that one of the things we needed to do was take care of it, and Trump said "Absolutely, take care of it."
Q: Did Trump tell you anything about meeting her in 2006?
A: He told me he was playing golf with Big Ben, and they had met Daniels and others there.
Q: Did Trump tell you anything about meeting her in 2006?
A: He told me he was playing golf with Big Ben, and they had met Daniels and others there.
12:32 PM - May 13, 2024
110/124
...but she liked Mr Trump, and that women prefer Trump even over someone like Big Ben.
Q: Did you ask him in 2011 whether he had a sexual encounter with Daniels?
A: I did, but he didn't answer me directly.
Cohen says Trump just said that "she's a beautiful woman."
Q: Did you ask him in 2011 whether he had a sexual encounter with Daniels?
A: I did, but he didn't answer me directly.
Cohen says Trump just said that "she's a beautiful woman."
12:33 PM - May 13, 2024
111/124
Hoffinger asks about Cohen's efforts taking down a separate article—one from In Touch magazine also in 2011—after which Cohen heard nothing about the Stormy Daniels matter from then until 2016.
12:36 PM - May 13, 2024
112/124
We see People's 177A, 10/9/16 texts btwn Howard and Cohen—
DH: Emailed you
DH: Keith will do it, let's reconvene tomorrow
Which Keith would that be? Long pause... Keith Davidson.
There are so many Keiths mixed up in this case, not even Cohen can keep them straight.
DH: Emailed you
DH: Keith will do it, let's reconvene tomorrow
Which Keith would that be? Long pause... Keith Davidson.
There are so many Keiths mixed up in this case, not even Cohen can keep them straight.
12:37 PM - May 13, 2024
113/124
More texts, 10/10/16, a 3 way text between Howard, Cohen, and Davidson
DH: Connecting you in regards to that business opportunity. Spoke to the client this AM and they're confirmed to proceed with the opportunity.
DH: Over to you two.
DH: Connecting you in regards to that business opportunity. Spoke to the client this AM and they're confirmed to proceed with the opportunity.
DH: Over to you two.
12:38 PM - May 13, 2024
114/124
Q: What was the business opportunity Howard referred to?
A: The acquisition of the life rights to the story of Stormy Daniels.
A: The acquisition of the life rights to the story of Stormy Daniels.
12:39 PM - May 13, 2024
115/124
Q: After you learned from Howard and Davidson about Daniels' story, did you speak to Trump? Why?
A: Yes, because it was a matter that affected him, and that was what I always did, to keep him abreast of everything. It was also a very serious matter at this time.
A: Yes, because it was a matter that affected him, and that was what I always did, to keep him abreast of everything. It was also a very serious matter at this time.
12:40 PM - May 13, 2024
116/124
Trump was very angry: "I thought you had this under control? I thought you took care of this?" We did in 2011, but I had not control over what she goes out and does. He expressed to me there's previous denial.
"Just take care of it," there was a lot going on in the campaign.
"Just take care of it," there was a lot going on in the campaign.
12:41 PM - May 13, 2024
117/124
Cohen says that upon hearing about Stormy Daniels' intention to sell her story, Trump told him, "This is a disaster—a total disaster—women will hate me.
Guys they think it's cool, but this is gonna be a disaster for the campaign."
Guys they think it's cool, but this is gonna be a disaster for the campaign."
12:42 PM - May 13, 2024
118/124
At the time, Trump was polling very poorly with women, Cohen explains, and this coupled with the previous Access Hollywood [tape], he just stated this is a disaster [and told me] "Get control over it."
12:43 PM - May 13, 2024
119/124
Q: Any conversation about strategy in dealing with it?
A: Well he told me to work with Pecker and get control over this, purchase the life rights, just stop this from getting out.
A: Well he told me to work with Pecker and get control over this, purchase the life rights, just stop this from getting out.
12:44 PM - May 13, 2024
120/124
Q: Any conversation about period of time?
A: Yes, during the negotiation, Trump told me to push it out long as you can, just get past the election, because if I win it will have no relevance, and if I lose I won't even care.
A: Yes, during the negotiation, Trump told me to push it out long as you can, just get past the election, because if I win it will have no relevance, and if I lose I won't even care.
12:45 PM - May 13, 2024
121/124
Hoffinger asks about any conversation about Melania. Cohen says he was concerned about Melania, but Trump don't him don't worry.
"He wasn't thinking about Melania—this was all about the campaign," Cohen sayas.
"He wasn't thinking about Melania—this was all about the campaign," Cohen sayas.
12:45 PM - May 13, 2024
122/124
We see People's 63: an email from Davidson to Cohen 10/11/16—the Daniels NDA and side letter agreement are attached, as are payment details
12:50 PM - May 13, 2024
123/124
Cohen recaps the general terms: for $130k, Daniels would execute a NDA, that the life rights to the story would never come out and she wouldn't speak of it. There was a very large, $1m per violation liquidate punitive damages clause.
12:51 PM - May 13, 2024
124/124
As we see many now familiar exhibits—the NDA, the side letter agreement—relating to now familiar aspects of the narrative, this is a good reminder of the prosecution's strategy w/handling Cohen's "baggage" all along: as much as possible, rely on him for corroboration only.
break for lunch /thread
break for lunch /thread
12:53 PM - May 13, 2024
