Tabloid publisher says he wrangled with Trump over who should buy story of alleged affair

Former President Donald Trump sits in the courtroom at Manhattan criminal court in New York on Thursday.

Former President Donald Trump sits in the courtroom at Manhattan criminal court in New York on Thursday. (Jeenah Moon via Reuters)


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NEW YORK — Former National Enquirer publisher David Pecker testified at Donald Trump's criminal trial on Thursday that he wrangled with Trump and his former lawyer ahead of the 2016 election over who should buy the silence of women who said they had sexual encounters with him.

Pecker's second day of testimony provided further evidence that he worked closely with Trump to suppress stories that could have hurt the businessman-turned-politician's presidential bid at a time when he was facing multiple accusations of sexual misbehavior.

New York prosecutors have charged Trump with falsifying business records to cover up that activity, which they say corrupted the election. Trump has pleaded not guilty. Pecker does not face charges.

Pecker, 72, testified that American Media, the Enquirer's owner, paid to buy the stories of former Playboy model Karen McDougal, who said she had an affair with Trump in 2006 and 2007, and a former Trump Tower doorman who said Trump fathered an illegitimate child, which turned out not to be true.

The tabloid did not run either story but ensured that rivals would not publish them either — a practice known as "catch and kill."

Pecker said he alerted Trump's lawyer Michael Cohen when he heard that porn star Stormy Daniels was looking to sell her story of a 2006 sexual encounter with Trump for $120,000 in the weeks before the election.

Pecker said he was not interested in paying Daniels at that point because he had already paid for the other stories.

"I thought it should come off the market, and if anyone was going to buy it, Michael Cohen and Donald Trump should buy it," Pecker said."

Pecker said Cohen pressed him to buy Daniels' story, but Pecker testified he did not want to be involved with a porn star.

Cohen has said he ultimately paid Daniels $130,000 to stay silent and was reimbursed $420,000 by Trump after the election. Trump faces 34 felony counts of falsifying business records for labeling his payments to Cohen as legal fees.

Pecker testified on Tuesday that he had forged an agreement with Trump and Cohen to serve as the campaign's "eyes and ears" and keep an eye out for unflattering stories.

But the issue of payment proved troublesome, he said.

Pecker said American Media bought McDougal's story after receiving assurances from Cohen that Trump would pay them back.

Pecker said they signed an agreement to transfer the rights to McDougal's story to a shell company to hide the fact that Trump was paying for it.

He said he called off the deal after speaking with a company lawyer.

"Michael Cohen said, 'The boss is going to be very angry with you.' And I said, 'I'm sorry, I'm not going forward, the deal is off,'" Pecker testified.

"He was very angry, very upset, screaming, basically, at me," Pecker said of Cohen.

Nevertheless, the Wall Street Journal published a story four days before the election revealing that American Media had bought McDougal's story.

"Donald Trump was very upset, saying, 'How could this happen, I thought you had this under control,'" Pecker testified.

Pecker said Trump thanked him after the election for handling those stories and asked for an update on McDougal.

"I said, 'She's writing her articles, she's quiet, things are going fine," Pecker said.

McDougal is expected to testify later in the trial.

Trump has denied having sex with Daniels, whose real name is Stephanie Clifford, and McDougal.

Hush money payments themselves are not illegal, and Trump's lawyers have argued the Daniels payout was personal and unrelated to his campaign.

Prosecutors say the payment was a campaign expense that should have been disclosed, and that Trump's arrangement with the Enquirer deceived voters by suppressing stories of alleged extramarital affairs at a time when he faced accusations of sexual misbehavior.

'Electoral fraud'

Pecker testified that he did not notify federal election officials of the McDougal payment, even though he knew that campaign expenditures made in coordination with candidates must be reported.

The Enquirer's editor, Dylan Howard, appeared to be aware of the conflict as well. "At least if he wins, I'll be pardoned for electoral fraud," Howard said in a text message presented by prosecutors. Lawyers argued whether that could be admitted as evidence.

The trial is the first of a former U.S. president and carries political risks for Trump as he prepares for a November election rematch with President Joe Biden and fends off three other criminal indictments, to which he has also pleaded not guilty.

Related:

As Trump watched Pecker testify in New York, the U.S. Supreme Court heard Trump's arguments that he is immune from prosecution for actions taken as president. Justice Juan Merchan denied Trump's request to attend the Supreme Court arguments.

Merchan has imposed a limited gag order on Trump that bars him from publicly attacking witnesses, jurors and other people close to the case, including court staff and their families.

Merchan has not yet ruled on a request by prosecutors to punish Trump for violating that order.

Trump has said the gag order violates his right to free speech and says he is being treated unfairly by Merchan.

Contributing: Susan Heavey

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