After a tense week of jury selection, Donald Trump’s criminal hush money trial is now truly underway with opening statements from the prosecution and defence.
The jury will then hear evidence against the former president and his counter-argument before deciding his fate. The first witness will be tabloid mogul and National Enquirer owner David Pecker.
New York Justice Juan Merchan ruled that Manhattan prosecutors can question Mr Trump about a blockbuster fraud ruling, gag order violations and defamation verdicts if he chooses to testify.
The defendant spent much of the weekend complaining about the case on Truth Social and angrily posting his presidential immunity claims — on which the Supreme Court will hear arguments this Thursday.
Meanwhile, figures released by the Federal Election Commission on Saturday revealed that legal fees had eaten up three-quarters of the cash brought in by the pro-Trump Save America PAC, a key fundraising group.
Elsewhere among the myriad legal issues engulfing the former president, Monday will also see a hearing on whether to cancel Mr Trump’s $175m bond to appeal the civil fraud trial ruling and the public filing of witness statements in the classified documents case.
Colangelo says: “No politician wants bad press. But the evidence at trial will show that this was not spin, or communications strategy. This was a planned, coordinated, long-running conspiracy … It was election fraud. Pure and simple.”
Trump has largely been facing forward. Colangelo is speaking at a podium to Trump’s right, slightly behind him.
Alex Woodward22 April 2024 15:59
Karen McDougal meanwhile was offered $150,000 for the “limited life rights to the story of her affair … but the real reason … was to make sure she did not publicise details of her affair of Trump before the 2016 election,” Colangelo says.
He says that Pecker will testify that $150,000 was way more than AMI would normally pay for that kind of story.
Cohen recorded a conversation with Trump in September 2016 — “You’ll get a chance to hear that conversation in this trial,” Colangelo says — on which Cohen said he spoke to then Trump Organization CFO Allen Weisselberg about how to set that up.
“You’ll hear [Trump] ask Cohen, ‘What do we have to pay for this? 150?’” he said. “You’ll hear in his own voice suggest paying in cash.”
AMI then agreed to sell the rights to a shell company set up by Cohen, giving Trump the rights to the McDougal story. Jurors will be shown a “fake” invoice billing the shell company for so-called “advisory” services, and that Cohen, Pecker and Trump would not appear in the transaction. Pecker then told Cohen the deal was off, and that AMI would instead eat the cost.
Jurors just heard Colangelo quote from the Access Hollywood tape, which gives context to the campaign going into “damage control mode” when it learned of the Stormy Daniels story
Alex Woodward22 April 2024 15:54
Three catch-and-kill deals stem from the Trump Tower agreement and lay the foundation for the case: The doorman, Karen McDougal, and Stormy Daniels.
According to Colangelo, the doorman’s story — which shows Cohen actively colluding in a catch-and-kill scheme with a media enterprise” — was ultimately bunk, but Cohen told Pecker not to release him from his NDA until after the election.
Pecker then “deliberately delayed” the release of his NDA, Colangelo says.
Alex Woodward22 April 2024 15:45
“The core of the conspiracy was David Pecker’s agreement to act as eyes and ears of the campaign,” Colangelo says.
He outlines the 2015 Trump Tower catch-and-kill scheme at the heart of the case, in which a publisher “buys a story, demands a source sign a non-disclosure agreement, then declines to publish” – in this case, to support Trump.
“It’s a way of buying damaging information, not to publish it, but to hide it, make it go away,” he says.
Alex Woodward22 April 2024 15:41
Donald Trump, Michael Cohen, and AMI’s David Pecker “conspired to influence the 2016 presidential election” by conceiving of the catch-and-kill scheme, Colangelo says.
Alex Woodward22 April 2024 15:37
Opening statements get underway
Opening statements are now underway with prosecution attorney Assistant District Attorney Matthew Colangelo beginning.
“This case is about a criminal conspiracy – and a cover-up. The defendant Donald Trump orchestrated a criminal scheme to corrupt the 2016 presidential election. Then he covered up that criminal conspiracy by lying in his business records, over and over and over again.”
Oliver O’Connell22 April 2024 15:32
No sign of Trump family in court
There do not appear to be any of the Trump family in court today to support Donald as the historic trial begins.
Oliver O’Connell22 April 2024 15:29
Lawyers smile as judge notes difference between court and fictitious TV trials
While instructing the jury, Judge Merchan says lawyers are not permitted to make any comments on the testimony of witnesses.
“That happens on TV and in the movies, that does not happen in real trials,” he says.
Both prosecutors and Mr Trump’s attorneys smiled at the comment.
Oliver O’Connell22 April 2024 15:24
Prosecutors can confront Trump about Carroll sexual abuse verdict and fraud ruling if he testifies
Alex Woodward reports from the courtroom:
Manhattan prosecutors can question Donald Trump about a blockbuster fraud ruling, gag order violations and defamation verdicts if he chooses to testify in his hush money trial.
Judge Merchan also will allow prosecutors to bring up his repeat violations of a gag order in a civil trial targeting allegations of fraud in his real estate empire.
Oliver O’Connell22 April 2024 15:16
Judge gives jury instructions
Judge Juan Merchan is giving the jury their instructions, including the basic principles of law and evidence, and a reminder that the defendant is innocent until proven guilty.
The prosecution bears the burden of proof and must show it beyond a reasonable doubt — if they satisfy that, you must find the defendant guilty, Merchan says.
That decision must not be based on speculation, bias, or prejudice.
Oliver O’Connell22 April 2024 15:12