Donald Trump hush money trial Day 8 recap: Pecker cross-examined, Michael Cohen's banker

NEW YORK — The eighth day of Donald Trump's New York hush money trial gave the former president's legal team their chance to attack the story prosecutors have so far told of Trump colluding with a tabloid executive to boost his 2016 presidential campaign.

Former National Enquirer publisher David Pecker testified this week about an alleged scheme to catch and kill stories that could hurt Trump's 2016 presidential election chances. On Friday, Trump's defense attorney Emil Bove elicited testimony from Pecker that the tabloid had other motives for its actions besides helping Trump's campaign.

After Pecker's testimony concluded, the prosecution called former Donald Trump executive assistant Rhona Graff to the stand. Graff said she believed she created contact information entries for Trump for alleged paramours and hush money recipients Karen McDougal and Stormy Daniels. She was cross-examined by Trump attorney Susan Necheles.

The prosecution then began examining its third witness, Gary Farro, the banker for former Trump attorney Michael Cohen, before the trial concluded for the day. Cohen who allegedly orchestrated the payments to McDougal and Daniels.

Trump challenges Biden to debate in Michigan or at the White House

Former President Donald Trump responded to President Joe Biden’s offer to debate by proposing meeting in Michigan or at the White House.

Biden told radio host Howard Stern on Friday he was willing to debate as part of the 2024 campaign, although he wasn’t sure when. Trump immediately invited Biden to the New York courthouse, where he is on trial on charges of falsifying business records to hide hush money payments to a porn actress.

“We can do it any time he wants, including tonight,” Trump said. “We’re ready, willing and able.”

Trump said the debate could happen any weeknight on national television. He suggested meeting in Michigan, to highlight criticism of what he argued was car manufacturers moving to China and elsewhere because of Biden’s support for electric vehicles. Another option is where they both have lived.

“We’ll do it at the White House,” Trump said. “That would be very comfortable, actually.”

−Bart Jansen

Who is Gary Farro?

Gary Farro is the former senior managing director at First Republic Bank.

Farro was assigned Michael Cohen as a client in 2015, as the banker had expertise managing individuals that "may be a little challenging."

Farro could be used to bring in email evidence about the payment issued to Stormy Daniels. CNN reported Cohen used money from his home equity line to cover Daniels' payment, and an email from a First Republic Bank employee confirmed the transfer.

Proceedings end for the day

Prosecutor Rebecca Mangold said she reached a natural stopping point for the day in her questioning of Farro. The judge dismissed the defense and prosecution at 4:29 p.m. ET.

– Aysha Bagchi

Records for second transaction for Cohen also indicate no political fundraising connection

Prosecutor Rebecca Mangold showed Farro a form related to another possible transaction for Cohen. For this one, too, the form indicated the work wasn't related to political fundraising or a political action committee (PAC).

– Aysha Bagchi

Form for Cohen's planned account indicated no relation to political fundraising 

Prosecutor Rebecca Mangold showed Farro a form related to an account Cohen was trying to open. The form asked if the entity tied to the planned account was associated with political fundraising or a political action committee (PAC). The box indicating "no" was checked. Farro confirmed if the box indicating "yes" had been checked, the bank would have needed to do additional review.

The particular account for that form was never opened, Farro testified.

– Aysha Bagchi

Cohen needed account for new LLC 'immediately' in October of 2016

Prosecution witness Gary Farro is being asked about emails concerning Michael Cohen's efforts in October 2016 to get an account opened at First Republic Bank for a new limited liability company. Cohen said it was related to real estate, according to Farro.

According to an email from October 13, 2016, Cohen needed an account "immediately." Farro said on the stand that it wasn't unusual for Cohen to say he wanted something done immediately.

– Aysha Bagchi

Prosecution witness who worked with Cohen asked about emails

Prosecutor Rebecca Mangold is asking Gary Farro, who said Michael Cohen was his client at a bank, about emails that went through the bank's server. It sounds like Farro could be used as a witness to bring in email evidence.

– Aysha Bagchi

Michael Cohen was Farro's client at bank

Farro testified that former Trump lawyer Michael Cohen was assigned to him as a client at First Republic Bank in 2015. Farro said he was told he was chosen to take over the Michael Cohen relationship because of Farro's knowledge and his ability to handle individuals that "may be a little challenging."

Farro later added: "Frankly, I didn't find him that difficult."

– Aysha Bagchi

Third prosecution witness called: Gary Farro

The prosecution has called its third witness, Gary Farro. He is discussing his experience in the banking industry. In 2016, he was a senior managing director at First Republic Bank, he said.

– Aysha Bagchi

Trump re-enters courtroom after short break

Trump re-entered the courtroom at about 3:32 p.m. EST. We are still waiting for the judge and the jury.

– Aysha Bagchi

Trump stands and extends arm for handshake as Rhona Graff exits courtroom

Graff's testimony ended and, as she was getting off the witness stand, former President Donald Trump stood up, moved toward where she would need to walk to exit the courtroom, said something to her, and extended his hand for a handshake. A court officer obstructed my view of their hands, but she appeared to look at him warmly.

Before that, Graff testified that she didn't want to be at the court proceedings.

Graff was using a cane. She appeared to walk at a normal pace. She was wearing black pants, a black top, a black cardigan, and a long, gold-colored necklace.

– Aysha Bagchi

Who is Rhona Graff?

Rhona Graff is Donald Trump's former executive assistant and the second witness called to the stand in his criminal hush money trial.

She was known as Trump's "gatekeeper" for decades before he became president, several outlets reported. Politico also said she helped with Trump's personal schedule during his first campaign.

Graff was subpoenaed in Trump's New York civil fraud case, according to NBC News. She was also called on by the House Judiciary Committee to submit documents for a 2019 investigation into Trump.

−Kinsey Crowley

Graff recalls Stormy Daniels casting discussion for Celebrity Apprentice

Former Trump executive assistant Rhona Graff testified to remembering a discussion about potentially casting porn star Stormy Daniels on The Celebrity Apprentice.

– Aysha Bagchi

Judge and lawyers privately talk after 'Celebrity Apprentice' raised

Trump lawyer Susan Necheles began asking former Trump executive assistant Rhona Graff about the show, "The Celebrity Apprentice." After Necheles began to ask Graff about Trump's beliefs when it came to potentially boosting the show by having controversial people on it, the prosecution objected and there was a private conversation between the lawyers and the judge at the judge's bench, after which Necheles shifted to a new question.

Stormy Daniels has previously described having sex with Trump as he seemed to be dangling the possibility of casting her on "The Apprentice" of "The Celebrity Apprentice." Trump denies they had sex.

– Aysha Bagchi

Graff testifies to positive memories working for Trump

Trump lawyer Susan Necheles asked former Trump executive assistant Rhona Graff if Trump was a good boss. Graff responded that he was a fair and respectful boss to her. Graff confirmed Trump promoted her and gave her responsibility. Asked whether Trump respected her intelligence, Graff responded: "I don't think I would have been there for 34 years if he didn't."

Graff also said she was given a good spot for witnessing Trump's presidential inauguration.

– Aysha Bagchi

Prosecutor ends questioning of second witness

Prosecutor Susan Hoffinger ended her brief questioning of Graff. Defense lawyer Susan Necheles is now cross-examining Graff.

– Aysha Bagchi

Stormy Daniels was in Trump reception area, witness recalls

Graff said she has a "vague recollection" of seeing porn star Stormy Daniels in the reception area of the 26th floor of a Trump building.

– Aysha Bagchi

Graff confirms creating entries for Trump of Karen McDougal and Stormy Daniels contact information

Graff said she believed she created contact information entries for Donald Trump of contact information for Karen McDougal and Stormy Daniels. The McDougal information, which was displayed in redacted form in the courtroom, included a phone number and email address, while the Daniels information included a cell phone number. The Daniels entry was labeled "Stormy" and Graff said she believes that was Stormy Daniels.

– Aysha Bagchi

Graff may be used by prosecution to bring in evidence

Prosecutor Susan Hoffinger is asking Graff about her awareness of various pieces of potential evidence. For example, Graff confirmed the Trump Organization server captured and saved emails during the ordinary course of its business. Graff also confirmed contact and calendar information tied to Stormy Daniels and Karen McDougal was saved.

– Aysha Bagchi

Former Trump executive assistant Rhona Graff testifying

The prosecution has called former Trump executive assistant Rhona Graff to the stand. She is testifying about her responsibilities when it came to the Trump Organization and Trump's calendar.

– Aysha Bagchi

Pecker testimony ends with Trump lawyer's attempt to focus on family, not 2016 election

Trump lawyer Emil Bove ended his re-cross-examination of David Pecker by asking Pecker to confirm he knows Trump cares about people, including his family. Pecker said he understands that. Bove then asked Pecker to confirm he understands that things discussed at this trial — presumably hush money to women who allege they had affairs with Trump — were stressful when it came to the Trump family. Before Pecker could answer, Judge Merchan sustained an objection from the prosecution. The nature of the objection wasn't explained, but it may have been an objection to speculation from a witness.

– Aysha Bagchi

Trump lawyer conducting cross-examination of Pecker again

Trump lawyer Emil Bove is asking Pecker questions again in his opportunity to conduct re-cross-examination.

– Aysha Bagchi

Pecker re-direct ends with comment on truthfulness

Prosecutor Joshua Steinglass ended his re-direct questioning of Pecker – an opportunity to question a witness again after cross-examination – by asking Pecker if anyone from the New York Attorney General's office ever told him to be anything other than truthful. Pecker said he was told to be truthful on any question he is asked. "And only be truthful," Pecker added.

Just before that question, Steinglass was pointing Pecker to past statements in order to establish Pecker has been consistent over time on many statements.

– Aysha Bagchi

Trump's eyes closed extensively although he appears awake

Former President Donald Trump has his eyes closed for very extensive periods as Pecker continues to testify this afternoon, although Trump appears to be awake. I just counted to 107, with the word "Mississippi" in between each number, until Trump opened his eyes at all. He opened them only briefly. Occasionally, Trump is shifting his head left or right, or giving a slight facial expression that appears to react to Pecker's testimony. His eyes are still closed.

– Aysha Bagchi

Pecker says he first learned phrase, "catch and kill," from press

When Trump lawyer Emil Bove was cross-examining Pecker, Bove suggested Pecker learned of the phrase "catch and kill" from the investigative or prosecuting work behind this case. But prosecutor Joshua Steinglass noted a news article that Pecker was aware of that used the phrase. Pecker then said he first learned the phrase from the press.

– Aysha Bagchi

Trump re-enters courtroom ahead of afternoon witness testimony

Former President Donald Trump re-entered the courtroom at 2:12 p.m. EST, following the lunch break. Prosecution witness David Pecker is set to re-take the stand soon.

– Aysha Bagchi

Who is Karen McDougal?

Karen McDougal is a former Playboy model.

National Enquirer parent company American Media Inc. (AMI) paid McDougal $150,000 in 2016 for the rights to her life story, including an alleged 10-month affair with Donald Trump starting in 2006. (Trump denies the allegation.)

Former Trump lawyer and convicted felon Michael Cohen negotiated the payment she received as part of a "catch and kill" strategy to block negative stories about Trump while he ran for president.

She is expected to take the stand, though the prosecutors have not shared the official witness list.

Who is Judge Juan Merchan?

New York Judge Juan Merchan who is presiding the first criminal trial in history of a former president, is no stranger to the defendant, Donald Trump.

Merchan presided over a 2022 tax-fraud trial of two parts of the Trump Organization, in which the company’s former chief financial officer, Allen Weisselberg, was convicted for not reporting $1.7 million in benefits, and he sentenced Weisselberg to five months in jail.

Trump has attacked Merchan as biased on the grounds that Merchan's daughter works for a marketing firm with Democratic politicians as clients, and he has twice unsuccessfully moved for Merchan to recuse himself from the case. Merchan has refused, citing the New York State Advisory Committee on Judicial Ethics finding that the judge's impartiality couldn't be reasonably questioned based on his daughter's work.

Trump's attacks spurred Merchan to expand a gag order to limit his commentary about the family members of people involved in the trial. On the second day of the trial, Merchan chastised Trump for speaking to prospective jurors.

Merchan has been a felony judge for 15 years.

-Bart Jansen

Court breaks for lunch

Judge Juan Merchan halted proceedings for a lunch break. Trump exited the courtroom at 1:01 p.m. EST.

– Aysha Bagchi

Pecker agrees Karen McDougal's story would have sold magazines

Pecker confirmed in response to Steinglass's questioning that, had he published a story that a Playboy model had an affair with a presidential candidate while the candidate was married, it would have sold magazines. Pecker seemed to have a slight chuckle in his throat as he confirmed that.

– Aysha Bagchi

Steinglass trying to show actions weren't normal for tabloid company, were for Trump campaign

Prosecutor Joshua Steinglass has been trying to push back on Trump lawyer Emil Bove's effort to distance Pecker's actions from Trump and the Trump campaign.

In response to questions from Steinglass, Pecker confirmed it wasn't standard operating procedure for AMI – the National Enquirer's parent company – to be communicating with a presidential candidate's fixer about amendments to an agreement. Pecker also confirmed this was the only time he coordinated with a campaign, and that he ran more attack articles against Trump's opponents when their polling numbers rose.

Pecker did say he didn't run negative Trump stories in earlier times because he and Trump were friends. But he agreed with Steinglass that, before the agreement at Trump Tower with Trump and Cohen in August of 2015, AMI never agreed to be the "eyes and ears" of the Trump campaign.

– Aysha Bagchi

Read the AMI contract with Karen McDougal

McDougal contract left out a lot of details, Pecker confirms

Prosecutor Joshua Steinglass has been going over the contract between Karen McDougal and National Enquirer parent company AMI, which Trump lawyer Emil Bove also asked David Pecker about.

Pecker said the lawyer who reviewed the contract only billed for 30 minutes of work. Pecker also confirmed the contract didn't mention anything about Trump reimbursing Pecker, about a plan to re-assign the rights over McDougal's story to Trump or Michael Cohen, or about the alleged agreement between Pecker, Cohen, and Trump to catch and kill stories in order to help the Trump 2016 campaign.

– Aysha Bagchi

Cross-examination of Pecker ends

Trump lawyer Emil Bove ended his cross-examination of David Pecker, the prosecution's first witness. Prosecutor Joshua Steinglass is now asking Pecker questions again.

– Aysha Bagchi

AMI didn't admit to a campaign violation in conciliation agreement, Pecker confirms on cross-examination

Trump lawyer Emil Bove suggested that Pecker testified inaccurately yesterday by saying the National Enquirer's parent company, AMI, admitted to a campaign violation. In a conciliation agreement, AMI said it wasn't contesting that its arrangement when it came to buying former Playboy model Karen McDougal's story of an affair with Trump constituted a prohibited corporate campaign contribution.

Bove pointed Pecker to this language in the agreement: "Solely for the purpose of settling this matter expeditiously and avoiding litigation, with no admission as to the merit of the Commission’s legal conclusions..."

That language came before specific details on the agreement.

"That's different from an admission, right?" Bove asked Pecker. "Yes," Pecker responded.

– Aysha Bagchi

Why is Trump lawyer Bove asking about campaign violations?

Trump lawyer Emil Bove got prosecution witness David Pecker to confirm that the National Enquirer's parent company didn't admit to a campaign violation in a non-prosecution agreement Pecker signed. The company did pay a $187,500 civil penalty as part of a separate agreement not to contest having committed a violation.

It's an important issue for the defense because, in order for Trump to be convicted on the felony charges, prosecutors have to prove Trump not only falsified business records, but also that he did so to commit or conceal another crime. One of the prosecution's theories is that Trump was trying to conceal that he violated federal campaign finance laws by making a $130,000 hush money payment to porn star Stormy Daniels via his attorney Michael Cohen to benefit his campaign. Cohen pleaded guilty in 2018 to a violation of federal campaign contribution limits for making the payment.

– Aysha Bagchi

Pecker confirms AMI didn't admit to campaign violation in non-prosecution agreement

Trump lawyer Emil Bove got David Pecker to say American Media Inc., the parent company to the National Enquirer, didn't admit to a campaign violation in its non-prosecution agreement with prosecutors. In that agreement, the company and its representatives were promised they wouldn't be prosecuted for a campaign violation if they cooperated and gave truthful testimony and information.

However, Pecker also described yesterday a separate conciliation agreement between the company and prosecutors, in which the company agreed not to contest that it committed a campaign violation. As part of that agreement, AMI agreed to pay a $187,500 civil penalty to the Federal Election Commission.

– Aysha Bagchi, Bart Jansen

More: Donald Trump's strange split-screen moment: SCOTUS immunity case and hush money trial clash

Bove suggesting Pecker has been under pressure

Trump lawyer Emil Bove appears to be trying to establish David Pecker has been pressured by law enforcement investigative work. Bove had Pecker describe being visited by FBI agents, and then asked about pressure on Pecker at later meetings with investigators, although Pecker said he had legal representation and felt okay.

Bove also got Pecker to confirm that American Media Inc's non-prosecution agreement gave the company helpful protection as a business.

– Aysha Bagchi

Pecker describes 2018 FBI visit to home

Trump lawyer asked Pecker about his interactions with the FBI. Pecker said three FBI agents visited his home on April 9, 2018. They didn't search his house, but they took his phone.

– Aysha Bagchi

Proceedings re-start

Trump lawyer Emil Bove's cross-examination of David Pecker started again at 11:35 a.m. EST, after a short morning break.

– Aysha Bagchi

Who is Michael Cohen?

Michael Cohen is the longtime lawyer and political fixer for Trump, but he has become an open critic of him in recent years.

In 2016, Cohen paid $280,000 to silence two women who claimed to have affairs with Trump in 2006. "Everything was done with the knowledge and at the direction of Mr. Trump," Cohen said at a House hearing.

David Pecker, the first witness on the stand for the hush money trial, has testified he frequently communicated with Cohen about stories regarding Trump and his opponents leading up to the 2016 election.

−Kinsey Crowley

Court taking a short break

The judge announced a short morning break. After jurors exited, Trump lawyer Emil Bove said he thinks he has less than an hour of cross-examination left. The prosecution may choose to ask David Pecker some further questions after the cross-examination. Trump exited the courtroom at 11:15 a.m. EST.

– Aysha Bagchi

Pecker sounds meek as he responds to cross-examination

Trump lawyer Emil Bove's tone on cross-examination isn't exactly friendly, but it also isn't terribly aggressive. David Pecker is largely agreeing to every point Bove tries to make, which have largely focuses on distancing Trump from the actions of Pecker and the media companies Pecker was running.

Still, Pecker has sounded strikingly meek in the tone of his answers today, sometimes almost as if he is mumbling. He testified yesterday that he still considers Trump a friend. He is now testifying against that "friend" about details he shared with prosecutors under an agreement to protect the company he used to run, American Media Inc., from prosecution.

– Aysha Bagchi

Trump trial transcripts available online

New York courts announced Monday it would publish the trial transcripts and copies of the evidence shown to the jury.

Transcripts of proceedings aren't always available, but officials decided to make them available due to "unparalleled public interest."

Monday and Tuesday's proceedings are currently available on the New York State Unified Court System's media website. Evidence shown to the jury, including texts, emails and photos, are also available from Tuesday's and Thursday's proceedings.

−Kinsey Crowley

What is AMI?

American Media Inc. (AMI) is the parent company of the tabloid National Enquirer.

David Pecker, the first witness called in the trial, was the CEO and President of AMI when he met with Trump and Michael Cohen to talk about how the publication could help Trump's first presidential campaign.

The National Enquirer bought Karen McDougal's life story but refused to pay for Stormy Daniels', Pecker testified Thursday.

−Kinsey Crowley

Who is Emil Bove?

Emil Bove is one of Trump's lawyers, part of the criminal defense team along with Todd Blanche and Susan Necheles. He is cross-examining the first witness, David Pecker.

Bove is a former federal prosecutor at the U.S. Attorney's Office for the Southern District of New York.

“Emil is an expert in white collar and CIPA-related litigation and his trial skills are among the best in the business,” Blanche said in a statement provided to Politico.

Trump eyes closed for extended period

Trump's eyes have been closed for an extended period during Pecker's testimony, even though he doesn't appear to be actually asleep this morning. Trump's eyes were closed as I counted to 40 with the word "Mississippi" in between each number. In general, I've seen Trump's eyes closed for extended periods especially during the mornings of the trial. I saw him struggling to stay awake last Friday, April 19 – with his head repeatedly dropping and his mouth at one point agape. Other reporters have also seen him appear sleepy in the courtroom.

– Aysha Bagchi

Trump Media stock price

At open on April 26, Trump Media & Technology Group Corp. shares rose to $40, up 3.92% from the previous close.

--Kinsey Crowley

Pecker confirms desire for Sajudin story was self-interested

Trump lawyer Emil Bove got Pecker to confirm that walking away from Dino Sajudin's story wouldn't have made business sense to Pecker's media company, American Media Inc. (AMI). AMI paid Sajudin $30,000 for the story that Trump fathered a child with a housekeeper. The company later concluded the story was false.

"It would be too great a loss to AMI" to lose to lose control of the story if it were true, "right?" Emil Bove asked. Pecker said yes.

– Aysha Bagchi

Bove suggests public knew Pecker was helping Trump before 2016 election

Trump lawyer Emil Bove displayed to the jury a portion of a Wall Street Journal article that ran days before the 2016 presidential election. The portion states: "Since last year, the Enquirer has supported Mr. Trump’s presidential bid, endorsing him and publishing negative articles about some of his opponents."

Bove got Pecker to confirm that statement showed the Enquirer's support for the 2016 Trump campaign was publicly known prior to the election.

– Aysha Bagchi

Bove trying to distance Trump from Pecker's actions?

Trump lawyer Emil Bove has gotten David Pecker to confirm the National Enquirer was already running stories about Bill and Hillary Clinton before the August, 2015 meeting Pecker has already described about assisting the Trump 2016 campaign through The National Enquirer's coverage.

Pecker also confirmed that The Guardian published an article in May of 2015 about several malpractice suits against Dr. Ben Carson, who was a political opponent of Trump's in the Republican primaries ahead of the 2016 election. Pecker confirms having recycled photos from that article in The National Enquirer's own coverage of the malpractice suits.

The questions may be aimed at suggesting to the jury that Pecker's coverage of political issues wasn't shaped by Trump.

– Aysha Bagchi

Trump lawyer asks about Hope Hicks presence in Trump Tower meeting

Trump defense lawyer Emil Bove started his cross-examination for today by asking David Pecker about Hope Hicks' presence at an August, 2015 meeting at Trump Tower. Hicks was the Trump campaign's communications director for the 2016 election, and also held high-level roles in Trump's White House. Pecker previously testified that he, Michael Cohen, and Trump agreed to a scheme at the Trump Tower meeting to catch and kill stories that could hurt the 2016 Trump campaign.

In response to Bove, Pecker confirmed Hicks was in and out of the Trump Tower meeting. Pecker also confirmed he doesn't remember Hicks speaking during that meeting.

– Aysha Bagchi

Jurors enter courtroom, instructed on witness-prosecutor meetings

The jurors entered the courtroom at 9:41 a.m. EST. Witness David Pecker entered about a minute earlier. Judge Merchan just briefly instructed jurors on how it's normal for prosecutors to meet with witnesses ahead of trial. Trump lawyer Emil Bove questioned Pecker yesterday about having met with prosecutors several times before his current testimony.

– Aysha Bagchi

Trump now says he will testify 'if it's necessary'

The former president is starting to equivocate on whether he will testify in the hush money trial.

"I would if it's necessary," Trump said a telephone interview Thursday with Newsmax.

Trump, who once said he would take the stand, told Newsmax television that "there is no case," suggesting that he might not testify after all.

-David Jackson

Trump wishes wife Melania ‘happy birthday’ from hush money trial

Former President Donald Trump wished his wife Melania a happy birthday Friday while complaining about being stuck at his New York hush money trial for allegedly hiding payments to silence porn actress Stormy Daniels, who claimed she had sex with him while he was married.

“I want to start by wishing my wife Melania a very happy birthday. It would be nice to be with her, but I’m in a courthouse for a rigged trial.”

Trump said he would join his wife in Florida after the trial wrapped up for the day.

--Bart Jansen

Judge Merchan arrives in courtroom

Judge Juan Merchan entered the courtroom right at the 9:30 a.m. EST start time. As usual, he said a general good morning to the trial teams and a specific "Good morning, Mr. Trump" to Trump.

Merchan also announced that a hearing over alleged gag order violations by Trump will be held next Thursday at 9:30 a.m. EST

– Aysha Bagchi

Trump arrives in the courtroom

Former President Donald Trump entered the courtroom for Day 8 of his criminal trial at 9:26 a.m. ET. We are still waiting for the judge.

– Aysha Bagchi

Prosecution team arrives for Day 8 of trial

The lead trial prosecutors from Manhattan District Attorney Alvin Bragg's office arrived in the courtroom at 9:18 a.m. EST. We are still waiting for the defense team and the judge.

– Aysha Bagchi

Today is Melania Trump's birthday. Where is she?

Melania Trump turns 54 today. She hasn't attended any of her husband's criminal trial so far.

Melania Trump was furious when she first learned of reports in early 2018 that her husband paid off porn star Stormy Daniels to stay quiet about an alleged affair, according to The New York Times. She left Washington for Florida, and when she returned for her husband's State of the Union address, she took a separate car.

If she were at the trial, she would likely be spared some embarrassing testimony. Judge Juan Merchan issued a tentative ruling last week that Melania Trump's pregnancy during an alleged affair  between former Playboy model Karen McDougal and Trump can't be shared with the jury. McDougal also received a hush money payment.

Trump denies the affairs with both McDougal and Daniels.

– Aysha Bagchi

Who is David Pecker, first witness in Trump trial?

David Pecker, the former head of the National Enquirer’s parent company, wraps up a week of testimony Friday as the first witness in Donald Trump’s hush money trial.

Pecker, 72, the former CEO of American Media Inc., described himself as a friend of Trump’s from the 1980s until 2018, in the aftermath of revelations about the company paying to silence derogatory stories about Trump as he ran for president the first time.

Pecker testified the first payment was $30,000 to a doorman at Trump Tower who was peddling a story that never ran about Trump having an illegitimate child – even though Pecker knew it was “absolutely 1,000% false.”

Pecker also testified about paying $150,000 to former Playboy model Karen McDougal for a story that never ran. McDougal claimed a year-long affair with Trump in about 2006, while he was married. Trump denied the affair.

But as Pecker coordinated with Trump’s former personal lawyer, Michael Cohen, he refused to pay $130,000 payment to porn actress Stormy Daniels, who claimed to have had sex with Trump. Cohen has testified he arranged the payment himself.

Trump is charged with falsifying business business records to hide his reimbursement to Cohen for Daniels. Trump pleaded not guilty and says he didn’t know about paying off the women.

--Bart Jansen

What is Trump on trial for?

Trump faces 34 felony counts of falsifying business records. Prosecutors in Manhattan District Attorney Alvin Bragg's office allege Trump falsified the purpose of checks to his former lawyer, Michael Cohen, in order to conceal a conspiracy to unlawfully interfere in the 2016 presidential election through a hush money payment to porn star Stormy Daniels.

Trump has pleaded not guilty, and also denies Daniels' claim that the pair had sex in 2006.

– Aysha Bagchi

What happens if Trump is found guilty?

Some legal experts believe Trump could face jail or prison time if convicted on all 34 counts, while others believe he would likely only receive probation. Several experts told USA TODAY they would expect a sentence that ranges from no jail time to up to four years in prison. No one predicted Trump would be forced to serve an incarceration sentence before his appeal ran out.

Each felony count carries a maximum sentence of four years in prison, but New York caps such sentencing for these types of felonies – known as Class E felonies – at 20 years.

– Aysha Bagchi

This article originally appeared on USA TODAY: Trump on trial Day 8 recap: prosecution calls Michael Cohen's banker