Former President Donald Trump’s criminal trial in New York resumed Thursday morning with porn actress Stormy Daniels.
“Good morning, Ms. Daniels, welcome back,” Judge Juan Merchan said. “I remind you that you’re still under oath.”
Her rapid-fire and sensational testimony in Donald Trump’s criminal trial is expected to continue for a second day Thursday.
The adult film star pointed directly at the former president while testifying on Tuesday, identifying Trump as the man from an alleged 2006 sexual encounter that set off a nearly two-decade chain of events leading to these historic proceedings.
Speaking so fast she had to be frequently interrupted and asked to slow down by the judge or prosecutor, Daniels gave jurors a detailed recounting of the alleged encounter in a hotel suite, which she said happened during a celebrity golf tournament in Nevada. She then explained why she accepted $130,000 in exchange for her silence a decade later, days before Trump was elected president.
Her description of a two-hour long conversation that turned sexual included some details that Judge Juan Merchan said would have been “better left unsaid.” The testimony prompted defense attorneys to unsuccessfully seek a mistrial.
Tuesday’s trial session ended with Daniels under fire in a cross-examination by Trump attorney Susan Necheles, who accused Daniels of fabricating aspects of her story and questioned whether she had financial motive for coming forward.
While Trump appeared relatively stoic throughout the testimony, the transcript of the proceedings shows those within earshot heard him lash out.
Merchan called lawyers and prosecutors to his bench for a sidebar around midday, and said Trump was “cursing audibly” and “shaking his head visually” as Daniels testified.
Calling Trump’s behavior “contemptuous,” he told another Trump attorney, Todd Blanche, to warn the defendant.
Prosecutors have told the jury how a former lawyer for Trump, Michael Cohen, wired Daniels’ attorney $130,000 in October 2016 after she agreed not to tell her story. They say a series of reimbursements from Trump to Cohen were illegally disguised to hide their connection to the Daniels payment.
Trump is charged with 34 counts of falsifying business records stemming from those reimbursements. His defense attorneys have argued the money was to cover Cohen’s legal fees. He has pleaded not guilty to all charges and denies having sex with Daniels.
Stormy’s tweets under the microscope
Necheles highlighted a series of tweets by Daniels that she alleged showed Daniels either belittled Trump, or attempted to profit over the case.
Daniels was shown a March tweet in which she said she’s “the best person to flush the orange turd down.”
Daniels pointed out that it was responding to another person who called her a “human toilet.”
She also tried to parse Necheles’ words.
“It doesn’t say President Trump, it says ‘orange turd.’ If that’s how you’re going to interpret it, that’s on you,” Daniels said.
Necheles then showed tweets, beginning on March 30, 2023 — the day Trump was first indicted — celebrating the criminal cases against him. Some were paired with links to Daniels’ merchandise store.
You’re celebrating indictments by selling things from your store.” Necheles said.
“Not unlike Mr. Trump,” Daniels shot back.
Daniels: “I did 60 Minutes for free,” but Trump attorney accuses her of profiting off of her story
Necheles continued to ask about payment through 2018, when Anderson Cooper interviewed Daniels on “60 Minutes.” Necheles noted that Trump continued to deny any alleged sexual encounter in 2018, although there was no election in 2018. Daniels said no one mentioned to her that Trump was concerned about his family.
Daniels insisted she wanted to get her story out there, that’s why she spoke to Cooper. “I did 60 Minutes for free,” she said.
But Necheles pressed Daniels on the money she made after the “60 Minutes” interview for deals such as her book, a tour and reality television appearances, accusing Daniels of profiting off of the story.
Daniels says “I never asked for money from President Trump”
The cross-examination of Daniels resumed, continuing to be as combative as Tuesday’s. Trump’s attorney Susan Necheles asked her about efforts to sell her story. Daniels said yes, she was trying to sell her story and also spoke to Slate, which would not pay for her story. Daniels admitted that getting money for her story was important to her.
“I never asked for money from President Trump,” Daniels said. “I never asked for money from anyone in particular. I asked for money to tell my story.”
Daniels laughed when Necheles asked if wanted to come forward because of Trump’s stances on abortion on gay marriage, which she felt had changed.
Under questioning from Necheles, Daniels admitted that she was furious when it looked like former Trump personal attorney Michael Cohen wouldn’t pay her on time. Necheles accused her of yelling at her attorney Keith Davidson, who had negotiated the payment, but Daniels denied she yelled at him.
The defense played a recording of Davidson and Cohen, where Davidson said Daniels told him that he better “settle” the story because if Trump lost the election, they were going to lose all their “leverage” and it would be “worth zero.”
Daniels back on the stand
The trial kicked back off with Stormy Daniels back on the stand. Before court started, Trump was leaning in to talk with his attorney Susan Necheles, who is handling the cross-examination of Daniels, and then with Todd Blanche. Trump seemed rather animated, and was wearing a navy suit and blue tie today.
“Good morning, Ms. Daniels, welcome back,” Judge Juan Merchan said. “I remind you that you’re still under oath.”
Just before she was re-called, Merchan told defense attorneys they cannot ask her about a 2003 arrest that ultimately wasn’t prosecuted.
“As I say all the time, anybody can be arrested, any one of us can be arrested if we step outside. It doesn’t prove anything,” Merchan said.
Trump enters court
Trump entered the court on Thursday around 9:18 a.m. with attorney Todd Blanche. Scott was there but did not speak to reporters. Trump noted his attendance and said “we have other politicians here,” although it’s unclear what other politicians he meant. He praised Sen. Ted Cruz’s recent statements about the case.
Trump told reporters that his lawyers filed a “major motion” in appellate division over gag order.
Trump began by criticizing Biden’s decision on arms to Israel. Said: “If any Jewish person voted for Joe Biden they should be ashamed of themselves”
Said his lawyers just filed a “major motion” in appellate division over gag order.
“I think you’ll see some very interesting things today,” Trump told reporters.
No photography in court on Thursday
A court officer told pool photographers that Judge Juan Merchan is no longer allowing photography in the courtroom for the rest of the trial, although the court spokesman then told photographers that he would look into the matter.
The court officers said that someone in the pool violated the court order by a photograph of Trump from the aisle, while walking into the well. The order permitted photographers to take photos only from the well itself, the officer said.
Photographers can still take photos from the hallway outside.
Sen. Rick Scott to join Trump at court
Sen. Rick Scott of Florida, the former chair of the Senate fundraising arm, is joining former President Donald Trump in court on Thursday, a spokesperson for Trump confirmed.
Graham Kates is an investigative reporter covering criminal justice, privacy issues and information security for CBS News Digital. Contact Graham at KatesG@cbsnews.com or grahamkates@protonmail.com
