Trump trial: 'What have we done?' Stormy Daniels' lawyer texted on election night

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 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, 3:34 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, 3:23 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.

 May 2, 2:46 PM

Defense seeks to admit phone call recording

Stormy Daniels’ former attorney Keith Davidson testified that he continued to work with Trump’s then-attorney Michael Cohen after the 2016 election.

“He sent me work,” Davidson said, before clarifying.

“He sent me a non-paying client,” Davidson said, prompting at least two jurors to laugh.

“Our relationship changed over time,” Davidson said of Cohen.

Davidson testified that he believed Cohen was secretly recording him in 2018.

“It was a very structured conservation, which wasn’t really his [style],” Davidson said, recounting that Cohen is normally “all over the place.”

“That led me to believe I was being recorded,” Davidson said.

The defense was attempting to introduced a recorded phone call between Cohen and Davidson in which Davidson said, “Sometimes people get settler’s remorse” in connection with the Stormy Daniels hush payment

Bove, Davidson, and Judge Merchan put on headphones to listen to the evidence before it was admitted.

“You were talking about Stormy Daniels with Michael Cohen in March 2018?” Bove asked.

“It certainly appears to be, yes,” Davidson responded.

 May 2, 2:37 PM

Defense resumes cross-examination of Davidson

Defense attorney Emil Bove resumed his cross-examination of Stormy Daniels’ and Karen McDougal’s former attorney Keith Davidson by asking Davidson about the 2011 blog post in TheDirty.com that alleged an affair between Trump and Daniels.

Davidson testified that his effort to kill the 2011 blog post helped Stormy Daniels make the story more marketable to another publication.

“They were using my efforts to create an exclusive opportunity with another publication,” Davidson said.

“They were using you to make more money, right?” Bove asked about the efforts by Daniels and her representative Gina Rodriguez.

“Yes,” Davidson said.

Bove’s questioning was briefly interrupted when a binder fell off a table in the courtroom.

“That drop was catastrophic to my client,” Bove joked, prompting some light laughter from the gallery.

 May 2, 2:28 PM

Judge declines to approve articles for Trump to post

Court has resumed following the lunch break. But before jurors were escorted back into the courtroom, Trump attorney Susan Necheles handed Judge Merchan a series of articles by “legal scholars” like Jonathan Turley that she said are “very critical of this case.”

“These articles are all articles which President Trump would like to post on his Truth,” Necheles said, referring to Trump’s social media platform.

“We think they are perfectly fine, but we think there is ambiguity in the gag order,” Necheles said, asking the judge to “take a look at them” before Trump posts them.

Judge Merchan did not seem inclined to take up the matter, saying, “There is no ambiguity in the order.”

“I am not going to give an advanced ruling on this,” Merchan said. “When in doubt, steer clear.”

 May 2, 1:16 PM

Davidson was to earn 45% of McDougal’s hush payment

Defense attorney Emil Bove asked Stormy Daniels’ and Karen McDougal’s former attorney Keith Davidson about his 2016 effort to negotiate a payment on behalf of McDougal, who was ultimately paid $150,000 by the National Enquirer so the publication could “catch and kill” her story.

Davidson was set to earn 45% of the payment based on the retainer agreement he signed with McDougal, according to testimony.

Bove suggested that the National Enquirer was struggling to verify McDougal’s allegations, which threatened to derail the negotiations.

Former President Donald Trump sits inside Manhattan Criminal Court on May 2, 2024.

“I am drafting a declination of representation letter to send off,” Davidson texted Enquirer editor Dylan Howard in 2016, according to evidence.

Davidson testified he could not recall threatening to end the negotiations.

The judge subsequently recessed the proceedings for lunch, with Davidson’s cross-examination set to resume after the break.

 May 2, 12:54 PM

Davidson was investigated for Hogan extortion but not charged

Under cross-examination, Stormy Daniels’ former attorney Keith Davidson testified that he attempted to negotiate a monetary offer from Hulk Hogan related to the release of an alleged sex tape.

“There was a monetary demand made,” Davidson said while declining to provide specifics.

Davidson denied that he leaked any information about the alleged tape to the National Enquirer though Dylan Howard.

Davidson appeared to admit that he was investigated for extortion related to Hulk Hogan by the Tampa Police Department.

“They conducted an investigation, yes,” Davidson said.

“An investigation related to extortion?” Bove asked.

“I believe so,” Davidson said.

“You were not ultimately charged, right”” Bove asked.

“True,” Davidson said.

When asked if he learned about extortion law from the experience, Davidson mumbled, “Perhaps, I don’t know.”

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