NEW YORK — Jurors weighing former President Donald Trump’s fate got a read-back Thursday of testimony from former tabloid executive David Pecker and Trump lawyer Michael Cohen as they weigh a verdict in the hush money case.
They heard a portion in which Mr. Pecker described an August 2015 meeting at Trump Tower in which he agreed with Mr. Trump and his lawyer Michael Cohen to use the National Enquirer to promote flattering stories about Mr. Trump and suppress negative ones as he geared up his 2016 presidential campaign.
They spoke about being on guard against unflattering stories from women, in particular, according to testimony.
Two court reporters, both women with New York accents, read the testimony aloud. One played the role of the attorney and sat in the court reporter’s seat and the other read the witness’ testimony from the witness stand. They both read without emotion.
Jurors also heard Mr. Cohen’s recounting of the meeting, including the power of having the Enquirer at grocery checkouts and his role as the point man between Mr. Pecker and Mr. Trump.
Only the jurors know why they needed to hear the testimony again. It could signal they’re grappling with the prosecutors’ assertion that Mr. Trump falsified business records with the intent to commit campaign-related offenses.
Prosecutors allege Mr. Trump’s catch-and-kill media strategy resulted in payoffs to a trio of people, including a $130,000 payment to porn star Stormy Daniels by Mr. Cohen right before the election. The state says Mr. Trump was part of a criminal scheme to cover up the nature of the payment in 2017 through reimbursement checks to Mr. Cohen.
Mr. Trump slouched slightly in his chair during the lengthy read-backs in the courtroom. Jurors listened closely, with some taking notes.
Jurors also heard testimony in which Mr. Pecker and Mr. Trump debated buying the rights to a story from Karen McDougal, a Playboy model who says she had an affair with Mr. Trump — an allegation he denies.
“Anytime you do anything like this, it always gets out,” Mr. Trump said, according to Mr. Pecker.
Mr. Pecker said he thought it was worth buying the story, and Mr. Trump said he would speak to Mr. Cohen.
The testimony included Mr. Pecker’s decision he didn’t need to be reimbursed the $150,000 his media company paid for Ms. McDougal’s story.
Per another request from the jury, state Supreme Court Judge Juan Merchan reread a critical, if confusing, portion of the law that says falsifying business records at the felony level requires intent to commit a second, or object, crime. Mr. Trump faces 34 counts.
Prosecutors have alleged the second crime was a violation of New York law prohibiting a conspiracy to promote or prevent the election of a person.
The jury doesn’t have to be unanimous on which “unlawful means” Mr. Trump used to do this, though prosecutors theorize the means had been an excessive campaign contribution; the falsification of other records, such as bank documents; or violations of tax laws.
The defense said efforts to influence news coverage around an election are normal, and that other people have paid nondisclosure money, which is legal. They said Mr. Trump wanted to protect his family and brand by suppressing unflattering coverage, and that he was paying legal fees when he cut the checks to Mr. Cohen in 2017.
The jury could deliver a verdict at any time. If convicted, Mr. Trump faces up to four years in prison, though he might not do time because he would be a first-time, nonviolent offender.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.