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Stormy Daniels ex-lawyer in the hot seat at Trump trial
The lawyer who negotiated a hush money payment from Donald Trump to a porn star was grilled on Thursday by the former US president's defense attorney, who suggested his activities bordered on "extortion."
Trump, 77, is accused of falsifying business records to reimburse his lawyer, Michael Cohen, for a $130,000 payment to X-rated movie actress Stormy Daniels just days ahead of the 2016 election against Hillary Clinton.
The trial resumed on Thursday after a day off on Wednesday, with prosecutors urging Judge Juan Merchan to fine the Republican presidential candidate for violating a gag order he imposed to protect trial participants.
After hearing arguments from both sides, the judge, who held Trump in contempt and fined him $9,000 on Tuesday for gag order violations, said he would issue a ruling later.
Keith Davidson, Daniels' former attorney, then took the witness stand to continue his testimony as Trump, dressed in a dark blue suit and bright yellow tie, sat at the defense table.
After prosecutors wrapped up their questioning, Trump's attorneys began their cross-examination of Davidson, who also represented another woman, Karen McDougal, who claimed to have had a year-long affair with Trump.
David Pecker, the former publisher of the National Enquirer tabloid, testified last week that he purchased McDougal's story for $150,000 and then buried it, a scheme known in the industry as "catch and kill."
Emil Bove, one of Trump's lawyers, began his questioning, which quickly turned heated, by asking Davidson if he was familiar with the laws about extortion.
"When you were negotiating on behalf of McDougal and Daniels one of your concerns was staying on the right side of the law with regard to extortion," Bove said.
"I suppose so," Davidson replied. "I did everything I could to make sure my activities were lawful."
Bove asked him about his involvement in other cases involving celebrities and Davidson acknowledged he was probed by federal and state investigators for alleged extortion of Hulk Hogan. He did not end up facing any charges.
Davidson said he represented clients who had possession of Hulk Hogan's sex tape.
"I made a monetary demand," said Davidson, which would allow the retired professional wrestler to acquire the tapes.
"I made no threats to anyone," he said.
- 'Rain legal hell' -
Prosecutors earlier walked Davidson through the negotiations with Cohen about the hush money payment and damage control efforts after media reports emerged in January 2018 about Daniels' 2006 sexual encounter with Trump.
Daniels issued a statement at the time denying ever having an "affair" with Trump or receiving hush money from him.
She has since said the statement was not true and she did indeed have sex with the married Trump at a celebrity golf tournament in Lake Tahoe in 2006.
"(Cohen) wanted her to deny the story to protect his client," Davidson said, and had threatened to "rain legal hell down" on Daniels.
Earlier Thursday, prosecutor Christopher Conroy urged Judge Merchan to fine Trump for four new violations of the gag order barring him from publicly attacking witnesses, jurors, court staff or their relatives.
Conroy pointed to public comments Trump has made about Cohen, who has become a vocal critic of his former boss and is expected to be a star witness in the case.
"The defendant thinks the rules should be different for him," Conroy said. "The defendant has proven his willingness to say and do anything to disrupt this process."
Merchan fined Trump $9,000 on Tuesday and warned him he could face jail for continuing to lash out on social media.
Todd Blanche, Trump's attorney, complained that President Joe Biden had spoken publicly about the trial but his client -- Biden's likely November election rival -- "can't respond."
The judge said that was not true and there was nothing in the gag order that limits what Trump can say in response to Biden.
On Wednesday, Trump took advantage of a break in the trial to hold campaign rallies in Wisconsin and Michigan -- blaming his legal troubles and America's ills on Biden.
Before going into court on Thursday, he denounced his trial as "election interference" and said the case "should never have been brought."
N.Fournier--BTB