The Washington PostDemocracy Dies in Darkness
Former president Donald Trump in court before the start of proceedings in his hush money trail, Tuesday, at Manhattan Criminal Court in New York. (John Taggart/for The Washington Post)

Ex-publisher details ‘catch and kill’ at Trump’s hush money trial

2 min
NEW YORK — Donald Trump’s trial on allegations of business fraud related to hush money payments featured former National Enquirer publisher David Pecker, who was back on the stand Tuesday to detail how he offered to deploy the publication’s “catch and kill” strategy to intercept negative stories about the former president.  
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Assistant District Attorney Christopher Conroy asked Merchan on Tuesday to remind the former president that “incarceration is an option” if he continued to violate the gag order in his trial. Conroy said that the prosecution was not seeking jail time over the former president’s recent social media posts, but argued that Trump seemed to be “angling for” incarceration.
Trump’s lawyers said the social media posts flagged by the prosecution as potential gag order violations were not willful violations to the order, arguing that they were responses to political attacks, unrelated to witnesses or the trial.
Merchan’s patience with Trump attorney Todd Blanche appeared to be wearing thin. “Mr. Blanche, you are losing all credibility,” Merchan said at one point. “You’re losing all credibility with the court.”
Merchan has instructed Trump not to publicly comment, or post on social media, about court staff and trial witnesses. If the judge finds Trump has violated that order, he could fine Trump up to $5,000 for each violation, or he could toughen the terms of the order.
The trial is not being televised. The Washington Post has reporters in the courtroom and media overflow room who are posting live updates.
Trump faces 34 counts of falsifying business records related to his reimbursement of longtime lawyer Michael Cohen for a hush money payment to Daniels, who alleged that she had a sexual encounter with Trump years before he sought the presidency
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Assistant District Attorney Christopher Conroy asked Merchan on Tuesday to remind the former president that “incarceration is an option” if he continued to violate the gag order in his trial. Conroy said that the prosecution was not seeking jail time over the former president’s recent social media posts, but argued that Trump seemed to be “angling for” incarceration.
Trump’s lawyers said the social media posts flagged by the prosecution as potential gag order violations were not willful violations to the order, arguing that they were responses to political attacks, unrelated to witnesses or the trial.
Merchan’s patience with Trump attorney Todd Blanche appeared to be wearing thin. “Mr. Blanche, you are losing all credibility,” Merchan said at one point. “You’re losing all credibility with the court.”
Merchan has instructed Trump not to publicly comment, or post on social media, about court staff and trial witnesses. If the judge finds Trump has violated that order, he could fine Trump up to $5,000 for each violation, or he could toughen the terms of the order.
The trial is not being televised. The Washington Post has reporters in the courtroom and media overflow room who are posting live updates.
Trump faces 34 counts of falsifying business records related to his reimbursement of longtime lawyer Michael Cohen for a hush money payment to Daniels, who alleged that she had a sexual encounter with Trump years before he sought the presidency
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