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Trump Can't Shake Pecker
Cross-examination of David Pecker continued today
Ron Filipkowski MeidasTouch Network
Donald Trump's trial strategy began to take shape yesterday with their brief cross-examination of National Enquirer Publisher David Pecker before court broke for the day. They continued to build on that strategy today.
Basically, their defense is going to look like this:
1. People brought salacious stories about celebrities and political figures to the Enquirer all the time looking to sell them.
2. The Enquirer paid for stories all the time.
3. Sometimes the Enquirer didn't run those stories for a variety of reasons.
4. Sometimes those celebrities and political figures got the Enquirer to kill the stories by granting access to the Enquirer by doing exclusive interviews.
5. None of them were prosecuted for it.
The challenge for the prosecution is establishing why Trump's case is different from all the others because he was a current candidate for president, and that the way the payoffs were done violated campaign finance laws. It's not enough to show that what he did was slimy, wrong, dishonest or unethical. Prosecutors have to show it was illegal.
Trump's lawyer Emil Bove resumed his cross-examination by showing that the Enquirer was already running negative stories on Trump's opponents before the "catch-and-kill" scheme was implemented with him. He also brought up many other publications that did negative stories on Ben Carson's incompetence as a doctor for example, so Trump's planted stories weren't the only ones. Pecker agreed with that. He also made it a point to get Pecker to admit that the term "catch-and-kill" was never used by him, Cohen or Trump - that is a description that the DA came up with to describe it.
Pecker said that he paid for the doorman story about Trump having a secret child even though he didn't believe it because if there was even a small possibility it could be true it would have been a massive story. Bove asked Pecker if McDougal really wanted the story of her affair with Trump published at all and Pecker admitted that their written agreement said she did not, but wanted to use the money and job opportunity with AMI to restart her career. Bove then pointed out that McDougal published 65 stories while working for AMI under their arrangement.
As the cross-examination continues, whenever Bove refers to Trump as "President Trump" during a time when he was not in office, which he has done multiple times, the prosecutor objects and it is sustained each time.
Pecker also testified that when Michael Cohen asked him to have paparazzi take photos of him, he wanted them taken of him leaving a meeting with Mark Cuban to make Trump think that Cuban might be interested him hiring him away from Trump.
Bove then suggested that Pecker had a motive to cooperate with the DOJ investigation in this case because the Enquirer was in the process of being sold and the sale could not go through until the investigation against him was resolved. Pecker said that it was true that the sale could not go through until the buyers were assured there would be no danger that the Enquirer could be in trouble with the Feds. Bove also had Pecker admit that his company would have been worth less in the sale if it was under criminal indictment.
This concluded cross examination. On redirect, the prosecutor noted that, although AMI's agreement with McDougal stated that the reason for it was to restart her career (which was brought up by Bove) that was just a cover story for the real reasons. McDougal wanted money for the story and Pecker said that he didn't especially want to hire her as a writer, but that was being done to hide the real motive - which was to suppress the story "to prevent it from influencing the election."
The prosecutor then got Pecker to state that, although Cohen didn't officially work for the campaign and wasn't on the campaign payroll, he was regularly doing work specifically to benefit the campaign and not for Trump personally or his businesses. The prosecutor then got to the heart of addressing Trump's main defense by getting Pecker to admit that although he killed many stories of celebrities and political figures over the years, he never did it while any of them were running for political office.
One example he gave of this was Arnold Schwartzenegger. He said he killed stories about him not because he was a political candidate (he wasn't then), but because he was a major spokesman at the time for bodybuilding supplements and the stories were buried to protect his endorsement deals.
Pecker also said that they did research on the people who purchased celebrity magazines, and that showed that they loved positive stories on Trump and negative stories about his opponents. That is why this arrangement with Trump also benefitted AMI, since it was clear that the majority of people who tend to buy tabloids are also Trump supporters.
The prosecutor then showed Pecker and article from 2016 that describe the scheme as "catch and kill." Pecker said he remembers seeing that and that he was mistaken that the first time he heard it was from prosecutors because that term had been widely used in the press years before he ever met with them.
He then said that even though he didn't want to pay off a porn star himself, he did contact Cohen to tip him off about it so Trump could buy her off. Pecker then said when the FBI agent wrote in his notes that Trump never thanked him for helping to suppress the Stormy Daniels story, that "the agent got it wrong" because Trump definitely called to thank him for it. He pointed out that the same FBI agent's notes say that Trump thanked him for suppressing the McDougal story.
That concluded Pecker's testimony."
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