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Picking up after my "mistrial" thread/ 1/...
All via McB for awhile:
Counsel approaches, brief sidebar
"Binoculars down."
As I mentioned, courtroom rules strictly enforced. During sidebar, court security doesn't allow reporters to use binoculars they had brought to see exhibits and facial expressions better
Hoffinger has stepped out to give the witness, Daniels, instructions to keep her answers limited to the question "and not provide any unnecessary narrative," Merchan says.
It may be difficult to tell from reading the transcript, but Justice Merchan did seem to take the mistrial motion seriously at the hearing just now, even if he ultimately denied it.
3/ Hoffinger returns, and Daniels follows a minute later.
"Good afternoon Ms. Daniels, I remind you that you're still under oath," Merchan says. "Let's get the jury please.
The jury present and properly seated, Hoffinger steps back up to the lectern, and we continue.
We pick back up with the delays in payment in the deal with Cohen and Trump. She displays People's Exhibit 282—an email from Davidson to Cohen, saying that no funds have been received
4/ Davidson goes on to say that Daniels intended to cancel the settlement agreement if no funds had been received.
At this time, Daniels says she had spoken to a news outlet, Slate, about this story, but that Slate was not going to pay her for it.
But on around 10/28/16, the NDA was revived. The terms were essentially the same as the 10/10/16 NDA, Daniels says, including the $1m breach liquidated damages clause.
5/
At some point after signing this, Davidson received the $130k, Daniels says. After fees for Davidson and Rodriguez, Daniels ended up with ~$96k.
Hoffinger displays the WSJ article abt the McDougal deal, and Daniels says that she did not respond to WSJ's request for comment for it
Q: Why didn't you comment?
A: Because I had an NDA.
Q: And was Trump elected president 4 days after this came out?
A: Yes
6/ Hoffinger fast forwards to 2017, "probably my best year ever," Daniels says.
She directed one of the highest budget adult films ever, a horse she purchased in Ireland was ranked 8th in the country, she owned a house in Texas, in short, everything was great.
Now to 1/10/18, WSJ reaches out to Daniels for comment on another article, but still she refused.
7/ Hoffinger displays Daniels denial statement that she signed on 1/10/2018.
She says she initially didn't want to sign it, and that she was happy to stay quiet (objection, sustained), and bc it was not true and saying "anything at all" was a violation of the NDA.
But on Davidson's advice, she had agreed and signed it, Daniels says.
8 It was not entirely truthful, Hoffinger asks and Daniels agrees, and that it was "cleverly misleading"—another objection, again sustained. Daniels did not know that Cohen was was sending it to WSJ.
After WSJ article from 1/12/18 on Daniels came out—
Q: Briefly, what kind of impact did it have on your life?
A: Chaos. People were on the front lawn, my friends asking questions, my family asking questions. It blew my cover. Ostracized from playdates, the stables, etc.
9/ InTouch then released the article based on the interview she had given some time prior, but Daniels says she was not paid as she had been promised at the time.
Now the Hannity appearance: Daniels says she didn't want to, that she had said no.
Q: How did the Kimmel show come about?
A: Gina set it up.
Q: What was to be discussed or not?
A: I wasn't to discuss the relationship or the NDA, anything like that. It was meant to give an example of how I would give appearances and not break the NDA.
Shortly before the appearance, Rodriguez and Davidson came to her with a second denial statement, Daniels says, and she initially said no to signing it but relented again on Davidson's advice.
11/ Q: How did you sign it?
A: I signed it Stormy Daniels, but not how my Stormy Daniels signature is in any other time I had written it, as a tipoff to Jimmy Kimmel that I did not sign it willingly.
Q: Is this denial statement false?
A: Yes.
Daniels says that details about the sexual encounter with Trump started to surface in the media, and that she found out Cohen was shopping a book—objection, hearsay, sustained.
Her legal fees cost just under $100,000, Daniels says, but she was free from the NDA, and so she published a book called Full Disclosure, which included details of the Trump Affair.
Who edited that book? She mentions one person hired by the editor, "then I found out later that Michael Avenatti had done some editing as well" she says as she kind of makes these faces 😑🫤🤨😒
April 2018, Avenatti released a sketch of the man she believes she had an encounter with in 2011—in response to the sketch Trump tweeted that the sketch was a "con job," which became the sole basis for a defamation case, Daniels says.
In July 2023, Trump filed a proceeding in Fla to recover the rest of the legal fees that Daniels was ordered to pay in defamation case. But Hoffinger clarifies that this will have no bearing on this case.
Q: Why did you go on Cohen's podcast?
A: Because I wanted him to apologize to me.
Q: And did he apologize on that podcast?
A: He did.
Q: Why did you agree to go on again?
A: Because we had a good rapport, and he wanted to ask about the Avenatti case.
Hoffinger asks Daniels about the documentary, Stormy, that she was in. Daniels was not paid to appear in it, but the producers paid her $100,000 for the licensing rights from her book.
Q: Was there another reason you did it?
A: To get the truth out, and give an updated account.
3/15/23, Daniels participated in an interview with the Manhattan DA office via Zoom.
Hoffinger displays a post from Trump's truth social account from that same day, below.
Daniels says that she understood the invectives to be about her, and that his claim that he hasn't seen or spoken to her since the golf course is false.
HOFFINGER: Has Trump called you horseface and sleazebag before? DANIELS: Yes
HOFFINGER: Mr. Trump says he hasn't seen you since picture is that true or false?
DANIELS: “False. Because I met with him numerous times after that, and spoke with him on the phone countless times after.”
Q: Even though we've never spoken, you've met with the prosecutors several times?
A: Yes.
Q: You rehearsed your testimony?
A: No.
Q: But according to your testimony the prosecution subjected you to brutal prep sessions?
A: Yes.
Necheles emphasizes the word "brutal."
>>Correction: Necheles says that Daniels was subjected to "grueling prep sessions that included brutal mock cross-examinations"—her tone is a bit adversarial, and Daniels answers in kind, perhaps even more so.
It wasn't rehearsing, it was to have all the facts, to have as much information as possible, Daniels says.
Q: Do you recall saying that you began acting in pornography. It was simple, you wanted more money?
A: Don't we all want more money in our jobs?
Q: That motivates you a lot in life, to make money?
A: Well it's the United Sta—she stops herself—well, this is what we do here. (paraphrased)
Q: Do you want Trump to go to jail?
A: I want him to be held accountable.
👉🏼Straight out the gate, this is a very tense cross.
Necheles questions Daniels about one of her tweets ("I won't walk I'll dance down the street when he's 'selected' to go to jail"), 👉🏼Daniels demands to see it, laughs when she does, and Necheles seizes on it.👈🏼
Her line of questioning now turns to trying to establish a motive of Daniels, that she'd like to see Trump go to jail, bc she owes Trump legal fees.
Necheles says that Daniels was ordered to pay Trump an additional $245k for legal fees incurred in an appeal in the defamation case in which Trump prevailed (but Daniels didn't "lose"). Then again, an additional $121k Daniels owed on another appeal.
Q: Because of your "frivolous litigation"—objection, sustained, she restarts—because of the "cases you brought" against Trump, the total legal fees you owe Trump is $560k
A: About.
Q: And that's before interest—CA has 10% annual interest on this, you know?
A: I did not know.
Q: You didn't pay anything out of your pocket to Trump?
A: No.
Q: You said on direct it's bc you can't afford it, but you have money?
A: We all have money.
Q: It's because you're choosing not to pay him?
A: I don't understand the question.
Necheles asks a string of questions about her defeat in her defamation lawsuit against Trump, along with the six-figure legal fees she's racked up over the years.
Necheles asks another line of questions about Daniels' nonpayment of the award, saying she's openly disobeyed the court order.
Daniels agrees with Necheles that she said, "I will go to jail before I pay a penny."
[After sidebar]
Justice Merchan: Accepted into evidence.
[The tweet: "I will go to jail before I pay a penny."]
Trump's lawyer Necheles: That was you saying you didn't care about a Federal order, right?
Stormy Daniels: I won't pay for telling the truth.
Necheles is asking about a form related to the court order for Daniels to pay the legal fees.
Daniels says she didn't fill it out bc it was asking about her daughter, and Necheles clarifies it was asking her daughter's names, but it's mostly about her assets.
So far, Ben Wittes's Rule of Witnesses is proving to be true:
Never make up your mind about a witness and the significance of their testimony before the cross.
There's a tense moment as Necheles attempts to enter the form into evidence I believe, as the prosecution objects and Daniels looks up at Justice Merchan pleadingly. Perhaps it had to do with her daughter's info on the form, but it's hard to tell.
Necheles restarts, attempting to put something up on the screen, but Hoffinger says "Judge," and Merchan stands: "Take that down!" he says, as the lawyers approach again. Sidebar.
Necheles hands up Exhibit J10A(?), the document they've been discussing. The form has been partially filled out, (we can't see the form, only the parties), and Necheles asks why Daniels refused to fill out spouse's income question. Objection, it's not in evidence, sustained.
Trump's lawyer Necheles: Let me hand you this. It is only partially filled out - it asks income, you say Unknown, right?
Stormy Daniels: I won't fill out info that endangers my daughter.
Necheles: It asked what cars you own & you won't answer, right?
Daniels: Yeah
Necheles is asking Daniels about some tweets of hers, in which she seems to boast about the money made from "pornography" (Necheles' word) and a $1m book deal.
Q Haven't you been hiding your assets bc you don't want to pay?
A No.
Q Didn't you set up a trust in the name of your daughter?
A No
Q Aren't you hoping that if Trump is convicted, you won't have to pay him the half million you owe him?
A I hope I won't have to pay him anything.
Klasfeld:
Asked if she owns a home, Daniels says she doesn't.
Necheles said Daniels tweeted that she paid for a new ranch.
Necheles: You own a home?
Stormy Daniels: No.
Necheles: You tweeted you made so much in porn you could just buy your ranch home?
Daniels: We didn't buy it. I would have to see the tweet
Necheles: J-17
Trump's lawyer Necheles: You said, I just paid for my ranch-
Stormy Daniels: I meant, pay rent.
Necheles: Really. Are you making money claiming to have had sex for more than a decade, right?
Daniels: I make money telling my story. It also costs me money
Necheles finally gets some evidence through: it's the cover of Daniels' book, Full Disclosure.
In the book, Daniels confirms that Rodriguez helped her on several occasions to sell her story, including 2011 w/ Gloria Allred—and Daniels actually turned down her offer at the time.
Necheles is trying to suggest to the jury that Daniels is trying to hide her assets from Trump:
NECHELES: Isn’t it true that you had been hiding your assets because you didn’t want to pay the judgements against you? DANIELS: Nope
Trump's lawyer Necheles: You told Gloria Allred you did not have sex with President Trump, right?
Stormy Daniels: No - I told her I did have sex with him.
Necheles: Let me show you - you say, you left out sex
Daniels: Later I told her
Necheles: Not in the book
Stormy Daniels: I would not go with force so I said no.
Trump's lawyer Necheles: You're just making this up now, aren't you?
Daniels: I didn't trust her.
Trump's lawyer Necheles: It taught you if you want to make money off President Trump, you have to claim sex?
Daniels: No. But it seems to be that way.
Necheles: When you spoke with In Touch, you were trying to sell your story, right?
Daniels: Yes.
Necheles: The lesson you learned is that if you're making money on talking about President Trump, you better be talking about the sex, right?
Daniels: No, although that does seem to be the case (with some hints of good humor)
Q: You denied having had sex with President Trump?
A: Right, because I was afraid.
Q: So you're telling InTouch magazine that you did have sex with him, then The Dirty that you didn't.
A: It was not the same time
Q: You sure about that?
Necheles is trying to trace the inconsistencies in Daniels' testimony, the switchbacks in her narrative, when Daniels tried to tell her story about her sexual encounter with Trump in one place, then deny it in another
Stormy Daniels: I did Anderson Cooper and they didn't pay me anything!
Necheles: We'll get to that. The In Touch was a 22 page transcript. In 15 minutes?
Pagliery:
Necheles tries to cast doubt on the idea that she could do a 20 min interview with In Touch that resulted in a 22-page transcript.
Necheles: "You speak that fast that you think you can generate 22 pages of transcript in 15 minutes?"
Stormy is defiant now. Necheles questions why she didn't tell her exercise class instructor about the man who'd allegedly approached her in the parking lot.
"No, I lied to her and told her my baby had a blowout in her diaper & that's why I was crying in the bathroom."
Necheles seamlessly moves between her podium and the defense table to review some notes, maybe a transcript, maybe excerpts from Daniels' book, and resumes her question.
Necheles seizes on another inconsistency. Daniels wrote in her book that she did the class, but now says that she didn't.
A: There's no way I could do the class as scared as I was.
Q: And you didn't tell anyone, not even the father of the child who received the threat?
A: No.
Q: So the first time you discussed it publicly was 7 years after it happened?
A: Right.
Q: So for 7 years you kept it secret from your husband?
A: I kept everything about this from him.
Q: Your daughter's life was in jeopardy, and you did not tell her father?
A: Right.
Q: You blamed it on Michael Cohen?
A: No, I blamed it on a man in the garage.
Q: But at the time, you believed it to be Cohen?
A: At the time, but I was wrong.
Q: So now, you and Cohen are buddies, right?
A: I wouldn't say we were buddies, no.
Q: Both you and Cohen share a desire to make money off of Trump going to jail?
Objection—sustained.
She changes tack to talk about how in 2018, Daniels went on The View to repeat this threat, and Avenatti hired a sketch artist to depict the threatener.
Klasfeld:
On direct, Daniels blamed Avenatti for releasing the sketch of the supposed parking lot suspect.
Necheles points out Daniels sat next to Avenatti on "The View" when he unveiled it.
Daniels exits through a side door, and Trump and his entourage depart through the main entrance. The prosecution linger to caucus briefly, then exit through the side as well.
@GottaLaff nfl! The more the lawyer pushes Stormy over and over to proclaim she didn't make any of it up, the more likely it looks like she's telling the truth. I think this is a bad strategy by the trumpers.
Necheles resumes to talk about the E! Online article, in which Daniels said that discussing the story is "bullshit." Does Daniels remember "vehemently" denying the story about her and Trump "hooking up" after a golfing event? She doesn't remember, so Necheles shows her an exhibit
"I'm saying that I did not give a statement denying the story," Daniels says, and Necheles changes subject.
Q: But in 2011, you were denying to The Dirty dot come that you had sex with Trump, were you not?
A: I didn't confirm or deny anything to The Dirty—I've never spoken to them.
Q: But your lawyer did right?
A: He told them to take it down, but I'm not sure if he spoke to them.
Trump's lawyer Necheles: In 2011 the story wasn't worth much - but then it was worth more in 2016, right?
Stormy Daniels: I set a free press conference.
Necheles: But you never held it. You say you were threatened if you spoke, so you spoke
Daniels: New ballgame
@GottaLaff NFL so trump's own lawyer is saying the political campaign is why she was able to get him to pay that much??? Aren't they supposed to be denying that?
Q: You were trying to extort money from President Trump, right?
A: False.
Q: That's what you did, right?
A: False.
After Necheles mentions the "supposed incident" in the parking lot, Daniels says:👉🏼 "It wasn't a supposed incident. It was a true incident, and I told a lot of people."
Necheles shows Daniels some text messages entered earlier in the trial, between Daniels' manager Gina Rodriguez and the Enquirer's then-editor in chief Dylan Howard.
Necheles says that Daniels didn't just hold a press conference though because she was looking to "get"—she stops—"extort" money from President Trump right?
Now we see the expected tactic of portraying Trump as the extortion victim, and Daniels and her lawyers as extortionists.
Trump's lawyer Necheles: In this text, Gina said, I have Stormy Daniels. Please read Dylan Howard
Stormy Daniels: denounced it previously - I don't want to comment if I don't understand what they are talking about
Necheles: "She had sex with him. She wants $100K"
Judge is cutting this three minutes early. He's sending the jury home with instructions to remain quiet about this, stay away from news, and not accept any bribes.
@ienvision@GottaLaff
Was unable to access the news until this afternoon, so that’s when I started reading the thread. Finally caught up, and see that I’m 2500 new toots to read. This was a wonderful thread - tyvm
@GottaLaff I like to pretend that if you hadn't been moving, you would have led a group of actors in a live table-reading of the trial transcript in real time.
(Let's do that if the 1/6 trial ever actually occurs!)
@GottaLaff Terrific play-by-play coverage, Laffy. I've just got this lingering image in my head: "you remind me of my daughter." And then he takes his clothes off and jumps into bed. And I'm going to try to wash that away with wine, but I don't think there's enough in the world.
@GottaLaff Oh, I know. He's been a clown since the 70's. I remember when he and Ivanka went to Studio 54 every weekend , and the stories that would come out of that place. All in the papers, but somehow never mentioned in 2016. He never learned to dance, though.
@GottaLaff It’s almost 10PM here in Denmark and only now do I have the time to sit down and read up on what happened in the NY case today. Thanks so much for compiling all this again, Laffy, I really appreciate it!
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