As former President Donald Trump faces his third week in a New York courtroom for alleged hush money violations during his 2016 presidential campaign, the prosecution has begun presenting key witnesses to build its case against him. The defense is expected to challenge their credibility and argue that non-disclosure agreements like those used by former tabloid executive David Pecker are not criminal offenses.
Pecker testified for four days about his “catch-and-kill” practice, which involved buying negative stories from high-profile figures with the intention of never publishing them. The prosecution alleged that this tactic was employed three times to help Trump’s 2016 election campaign, including payments made to adult film actress Stormy Daniels and Playboy model Karen McDougal by Michael Cohen on behalf of Trump.
Cohen himself is a potential witness for the prosecution after pleading guilty in 2018 to lying to Congress about his involvement with Russian collusion during the election campaign, as well as other criminal offenses including tax evasion and violating campaign finance laws related to payments made to Daniels and McDougal. The defense has indicated that they will challenge Cohen’s credibility due to these past convictions.
Daniels herself is also a potential witness in the case after approaching American Media, Inc., (AMI) during the election with allegations of an affair she had with Trump. Daniels negotiated payment for her story through Cohen and Pecker, who then buried it before publication. McDougal’s negotiations over the sale of her own story were also brokered by AMI under instruction from Cohen at the request of Trump himself, according to prosecutors.
Other potential witnesses include Howard Kurtzman, former editor-in-chief of National Enquirer during its alleged involvement in suppressing negative stories about Trump; Gary Farro, a senior managing director at First Republic Bank who oversaw loans made by Cohen’s real estate consulting company used to pay Daniels and McDougal’s lawyers; Rhona Graff, longtime personal assistant for the Trump Organization with access to its contact list that includes both Daniels and Karen McDougal; Hope Hicks, former White House aide who may have knowledge of meetings between Cohen and President Trump related to payments made during his campaign; John Walter Dean Jr., known as “Junior”, heir to the multibillion-dollar fortune controlled by deceased tycoon Ross Perot Sr.; Thomas J. Barrack, former chairman of Trump’s inaugural committee who was convicted in a separate case for lying about efforts made on behalf of United Arab Emirates; and Sarah Sanders, former White House press secretary who may have knowledge regarding the payments to Daniels and McDougal as part of her role working closely with Cohen.
Additionally, prosecutors subpoenaed Lewissa Sajudin Winkelman’s testimony in relation to a 2015 allegation made by former Trump Tower doorman Dino Sajuðin claiming that Donald had fathered a love child through an extramarital affair. Weisselberg, the former CFO of the Trump Organization who was previously sentenced for perjury in another civil case involving business practices at the organization, is also cited by prosecutors as “TO CFO” due to his involvement in facilitating payments made on behalf of both Daniels and McDougal.
The trial has been subjected to criticisms regarding Judge Juan Merchan’s handling of the case with respect to gag orders imposed upon former President Trump, which have restricted him from speaking about known witnesses or court staff members involved in the proceedings. The defense team led by Alan Futerfas and Susan Necheles claims that this order infringes on free speech rights granted under the First Amendment as voters are entitled to hear what their potential presidential candidate has to say during an election campaign, while Merchan maintains his gag orders have been modeled after similar ones implemented in a separate criminal case involving Trump.
The trial is ongoing and it remains unclear when all witnesses will be presented or if any further subpoenas may yet be issued by the prosecution as part of their efforts to prove that Donald Trump conspired with others, including Michael Cohen, David Pecker, Rhona Graff, Hope Hicks, Howard Kurtzman, Thomas J. Barrack and Sarah Sanders, among other potential witnesses, in order to falsify business records before and after the 2016 election campaign for personal gain or political advantage.
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