Trump trial live updates: Custodial witness set to return to stand
Former President Donald Trump is on trial in New York City, where he is facing felony charges related to a 2016 hush money payment to adult film actress Stormy Daniels. It marks the first time in history that a former U.S. president has been tried on criminal charges.
MORE: Who are the key players in Donald Trump’s Manhattan hush money trial?
Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records in connection with a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.
Latest Developments
May 3, 7:40 AM
Custodial witness set to return to the stand
A custodial witness who testified yesterday about the contents of former Trump attorney Michael Cohen’s phone is scheduled to return to the witness stand this morning on Day 11 of the trial.
Douglas Daus, who handles the processing of electronic devices for the Manhattan district attorney’s office, told jurors what he found when he extracted the contents of Cohen’s two iPhones — including a September 2016 recording of Donald Trump discussing the arranged purchase of Karen McDougal’s story that was made public in 2018.
Daus also testified that Cohen had nearly 40,000 contacts on one of this phones, including 10 pages of contact information s for Trump alone.
May 2, 6:02 PM
Trump bemoans gag order after leaving court
Speaking to reporters outside the courtroom, former President Trump signaled that he might not be taking the stand in the trial in response to a question about what he thought of Keith Davidson’s testimony.
Former President Donald Trump walks to reporters to make a statement at the end of the day of his criminal trial at the New York State Supreme Court in New York, May 2, 2024.
“I’m not allowed to testify because this judge who’s totally conflicted has put me under an unconstitutional gag order. Nobody’s ever had that before,” Trump said, despite the limited gag order only keeping him from directing prohibited comments at witnesses, jury members, and attorneys in the case.
“The easiest question so far,” Trump told reporters, “but I’m not allowed to testify because this judge is totally conflicted, has me under an unconstitutional gag order.”
-ABC News’ Kelsey Walsh and Mike Pappano
May 2, 4:35 PM
Expert can’t fully say why Trump-Cohen recording cuts off
In his cross-examination of expert witness Douglas Daus, defense attorney Emil Bove asked Daus why the 2016 Trump-Cohen recording on Cohen’s phone abruptly cuts off, attempting to raise doubts about the integrity of the recording.
Daus suggested that he heard in the recording that another call was coming in, but Daus said he could not say with certainty why the recording ended.
“You don’t have firsthand knowledge of why it cuts off?” Bove said.
Bove — a former prosecutor with plenty of experience handling cellphone extractions — then discussed with Daus the different ways to extract a device. For a brief moment, the tone of the cross-examination shifted from tense to friendly.
Judge Merchan subsequently ended the proceedings for the day, dismissing the parties.
The proceedings are scheduled to resume tomorrow at 9:30 p.m. ET.
May 2, 4:19 PM
In 2016 recording, Cohen tells Trump of ‘transfer’ of ‘info’
Expert witness Douglas Daus testified about a recording on Michael Cohen’s phone from Sept. 6, 2016, at 10:56 a.m.
The recording, approximately two minutes long, captures a conversation between Cohen and Trump.
“I need to open up a company for the transfer for all of that info regarding our friend David,” Cohen says on the call. “I am all over that, and I spoke to Allen about it when it comes time for the financing,” Cohen says.
“What financing?” Trump asks.
“We’ll have to pay him something,” Cohen said.
The prosecution then concluded its direct examination of Daus.
On cross-examination, defense attorney Emil Bove sought to raise doubts about the integrity of the material on Cohen’s phone, suggesting it had been “subject to the risk of manipulation” somewhere in the chain of custody.
May 2, 4:02 PM
Expert says Cohen had 40K phone contacts, 10 pages for Trump
Expert witness Douglas Daus walked jurors through what he found on Cohen’s phones after he extracted the data — including an astounding 39,745 contacts.
Most phones have a few hundred contacts, Daus said.
On one of Cohen’s phones, he had 10 pages of contacts for Donald Trump alone, according to Daus.
On Cohen’s second phone, he had 385 contacts, which is average, according to Daus.
Daus then displayed for the jury text messages between Cohen and former White House Communications Director Hope Hicks.
Former President Donald Trump whispers to his attorney Todd Blanche during his criminal trial in Manhattan state court in New York City, on May 2, 2024 in this courtroom sketch.
“Call me,” Cohen texted Hicks on November 4, 2016.
Jurors then saw a photo of Cohen in the White House briefing room which was contained on his phone. Cohen is standing behind the podium in the photo.
Jurors also saw a calendar entry on Cohen’s phone called “Meeting with POTUS” on February 8, 2017.
Daus identified that Cohen’s phone contained three encrypted messaging apps: WhatsApp, Telegram, and Signal.
Less than an hour after jurors listened to some of Cohen’s recordings of his phone calls with Keith Davidson, Daus showed the jurors the location of some of those recordings on Cohen’s phone.
May 2, 3:40 PM
DA calls expert who extracted Cohen’s cellphone data
Prosecutors have called their next witness: Douglas Daus, who works for the lab that processes devices for the Manhattan district attorney’s office.
Daus works as an analyst in the unit of the Manhattan DA’s office that handles intake and processing of electronic devices, such as a cell phone seized pursuant to a search warrant. Daus said the unit creates “extractions” of the devices, which are copies of the devices called a Cellebrite or GreyKey report.
The extraction contain “anything that is normally on a phone,” according to Daus, including text messages, contacts, call history, and software.
The extraction also includes metadata, which provides a deeper record of when, where, and how a device was used.
For the Trump case, Daus conducted an analysis of two of Michael Cohen’s phones — an iPhone 6S and iPhone 7.
Daus said Cohen consented to the analysis of the devices.
May 2, 5:13 PM
On call, Cohen said Trump ‘hated’ that they did Daniels agreement
During defense attorney Emil Bove’s re-cross examination of Stormy Daniels’ former attorney Keith Davidson, jurors heard Michael Cohen on a recorded 2018 phone call telling Davidson, “And I can’t even tell you how many times he said to me, ‘I hate the fact that we did it.’ And my comment to him was, ‘But every person that you’ve spoken to told you it was the right move.'”
Davidson said that Cohen was referring to Trump and Stormy Daniels’ nondisclosure agreement.
Trump, in the courtroom, leaned forward in his chair as he read the transcript of the recordings displayed on the screen on counsel table.
Bove concluded his re-cross by getting Davidson to say again that he never met Donald Trump.
May 2, 4:07 PM
Jurors hear portion of 2018 call between Davidson, Cohen
Prosecutor Joshua Steinglass led off the re-direct examination of Stormy Daniels’ former attorney Keith Davidson by asking Davidson about the recorded phone call with Cohen in April 2018.
At the time, attorney Michael Avenatti had taken over as Daniels’ lawyer and was suing Davidson, he said.
Steinglass sought to get Davidson to add context to incendiary-sounding remarks during his phone call with Cohen.
“You were not telling Michael Cohen that Stormy Daniels was talking about the election and how she’s going to lose her leverage after the election?” Steinglass asked.
“Correct,” Davidson said.
Lawyer Keith Davidson, who represented former Playboy model Karen McDougal, is questioned during former President Donald Trump’s criminal trial in Manhattan state court in New York City, May 2, 2024 in this courtroom sketch.
Jurors then heard a portion of a recorded call.
“What would you do if you were me,” Cohen said on the call.
“I can’t even imagine,” Davidson replied.
“Would you write a book? Would you break away from the entire Trump … doctrine, you know? Would you go completely rouge? Would you join with (Steve) Bannon? Any thoughts? Because it’s not just me that’s being affected — it’s my entire family. Nobody is thinking about Michael,” Cohen said.
Steinglass then completed his redirect.
May 2, 3:12 PM
Trump stares at Alvin Bragg as DA enters courtroom
Defense attorney Emil Bove moved on to question Stormy Daniels’ attorney Keith Davidson about the nondisclosure agreement Daniels had signed as part of hush money arrangement.
On the signature page, Bove pointed out how there are the initials “esq” next to Michael Cohen’s signature.
“Because he’s signing this agreement as a lawyer?” he asked Davidson, who agreed — appearing to support why Trump reimbursed Cohen and marked it as a legal expense.
Bove then wrapped up his cross-examination, leading to a short break in the proceedings.
Trump remained in the courtroom, standing and speaking with his attorney Susan Necheles and legal adviser Boris Epshteyn.
When Manhattan District Attorney Alvin Bragg entered the courtroom, Trump stared right at him and his eyes appeared to follow Bragg as the DA moved toward his seat.
Although mere feet from one another, Bragg did not appear to look at Trump.
May 2, 2:57 PM
Defense suggests Cohen never said Trump OK’d hush payment
“You used the word leverage,” defense attorney Emil Bove said of the March 2018 recorded phone conversation between Stormy Daniels’ attorney Keith Davidson and Michael Cohen. “And that was Ms. Daniels’ goal was it not? To create leverage over President Trump?”
“No,” Davidson responded.
Davidson pushed back against the timing of the call suggested by Bove.
“I think you are grossly mistaken about the dates. This is years after the settlement,” Davidson said.
Jurors heard the substance of the audio recording in bits and pieces as Bove read from the transcript.
“It’s the truth, Michael. You know that — that you and I both want the truth out there,” Bove read from transcript of Davidson’s remarks.
According to Bove, Davidson said at the time that Cohen getting authorization from Trump for the Daniels payment was “never discussed.”
As the lawyers and the judge in the case listened to the recording on headphones, Trump stared forward as he sat at the defense table. His eyes appear shut at times and he adjusted himself in his seat.
Defense attorneys Todd Blanche and Susan Necheles attempted to communicate across Trump on several occasions.
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