National Post

Court hears how Trump payments changed hands

Judge threatens jail time over gag order breach

- MICHAEL R. SISAK, JENNIFER PELTZ, ERIC TUCKER AND JAKE OFFENHARTZ

NEW YORK •Thejudgepr­esiding over Donald Trump’s hush money trial fined him $1,000 on Monday and warned of jail time for future gag order violations while jurors heard detailed testimony for the first time about the financial reimbursem­ents at the centre of the case.

The testimony from Jeffrey Mcconney, the former Trump Organizati­on controller, provided a mechanical but vital recitation of how the company reimbursed payments meant to suppress embarrassi­ng stories from surfacing during the 2016 presidenti­al campaign and then logged them as legal expenses in a manner that Manhattan prosecutor­s said broke the law.

Mcconney’s appearance came as the landmark criminal trial, the first involving a former American president, entered its third week of testimony. His account lacked the drama offered Friday by longtime Trump aide Hope Hicks, but it nonetheles­s helped prosecutor­s trying to pull back the curtain on the transactio­ns designed to protect Trump’s presidenti­al bid during a pivotal stretch of the race.

Mcconney, who told jurors how reimbursem­ent cheques were drawn from Trump’s personal accounts, also provided testimony that could help the defence. He acknowledg­ed, for instance, that Trump never asked him to log the reimbursem­ents as legal expenses or discussed the matter with him at all.

His testimony followed a stern warning from Judge Juan M. Merchan that additional violations of a gag order barring Trump from inflammato­ry out-of-court comments about witnesses, jurors and others closely connected to the case could result in jail time.

The $1,000 fine imposed Monday marks the second time since the trial began last month that Trump has been sanctioned for violating the gag order. He was fined $9,000 last week, $1,000 for each of nine violations.

“It appears that the $1,000 fines are not serving as a deterrent. Therefore going forward, this court will have to consider a jail sanction,” Merchan said before jurors were brought into the courtroom.

Trump’s statements, the judge added, “threaten to interfere with the fair administra­tion of justice and constitute a direct attack on the rule of law. I cannot allow that to continue.”

Trump sat forward in his seat, glowering at the judge as he handed down the ruling. When the judge finished speaking, Trump shook his head twice and crossed his arms.

Yet even as Merchan warned of jail time in his most pointed and direct admonition, he also made clear his reservatio­ns about a step that he described as a “last resort.”

“The last thing I want to do is put you in jail,” Merchan said. “You are the former president of the United States and possibly the next president as well. There are many reasons why incarcerat­ion is truly a last resort for me. To take that step would be disruptive to these proceeding­s.”

The latest violation stems from an April 22 interview with television channel Real America’s Voice in which Trump criticized the speed at which the jury was picked and claimed, without evidence, that it was stacked with Democrats.

Once testimony resumed, Mcconney recounted conversati­ons with longtime Trump Organizati­on finance chief Allen Weisselber­g in January 2017 about reimbursin­g Michael Cohen, Trump’s former lawyer and personal fixer, for a $130,000 payment intended to buy the silence of a porn actor who has said she had a sexual encounter with Trump a decade earlier. Weisselber­g “said we had to get some money to Michael, we had to reimburse Michael.

He tossed a pad toward me, and I started taking notes on what he said,” Mcconney testified. “That’s how I found out about it.”

“He kind of threw the pad at me and said, ‘Take this down,’”’ said Mcconney, who worked for Trump’s company for about 36 years, retiring last year after he was granted immunity to testify for the prosecutio­n at the Trump Organizati­on’s New York criminal tax fraud trial.

A bank statement displayed in court showed Cohen paying $130,000 to Keith Davidson, the lawyer for porn actor Stormy Daniels, on Oct. 27, 2016, out of an account for an entity Cohen created for the purpose.

Weisselber­g’s handwritte­n notes were stapled to the bank statement in the company’s files, Mcconney said.

Those notes spell out a plan to pay Cohen $420,000, which included a base reimbursem­ent that was then doubled to reflect anticipate­d taxes as well as a $60,000 bonus and an expense that prosecutor­s have

described as a technology contract. Mcconney’s own notes were also shown in court. After calculatio­ns that laid out that Cohen would get $35,000 a month for 12 months, Mcconney wrote: “wire monthly from DJT.”

Asked what that meant, Mcconney said: “That was out of the president’s personal bank account.”

Trump is accused of falsifying business records by labelling the money paid to Cohen in his company’s records as legal fees.

Prosecutor­s contend that by paying him income and giving him extra to account for taxes, the Trump executives were able to conceal the reimbursem­ent.

 ?? STEVEN HIRSCH / POOL / GETTY IMAGES ?? The judge in Donald Trump’s hush money trial threatened Monday to jail the former U.S. president if he continues to violate a court-mandated gag order.
STEVEN HIRSCH / POOL / GETTY IMAGES The judge in Donald Trump’s hush money trial threatened Monday to jail the former U.S. president if he continues to violate a court-mandated gag order.

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