Weekend Herald

Stormy Daniels accused of fabricatin­g details of Trump tryst

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My concern is not just with protecting Ms Daniels or a witness who has already testified. My concern is with protecting the integrity of these proceeding­s as a whole.

Judge Juan Merchan

Donald Trump’s defence lawyer yesterday accused Stormy Daniels of slowly altering the details of an alleged 2006 sexual encounter with Trump, trying to persuade jurors a key prosecutio­n witness in the former president’s hush money trial cannot be believed.

“You made all this up, right?” Susan Necheles asked.

“No,” Daniels shot back.

As the jury looked on, the two women traded barbs over what Necheles said were inconsiste­ncies in Daniels’ descriptio­n of the encounter with Trump in a hotel room. He denies the whole story.

But despite all the talk over what may have happened in that hotel room, despite the discomfort­ing evidence by the adult film actor that she consented to sex in part because of a “power imbalance,” the case against Trump doesn’t rise or fall on whether her account is true or even believable. It’s a trial about money changing hands — business transactio­ns — and if those payments were made to illegally influence the 2016 election.

Trump is charged with 34 counts of falsifying internal Trump Organisati­on business records. The charges stem from paperwork such as invoices and cheques that were deemed legal expenses in company records. Prosecutor­s say those payments largely were reimbursem­ents to Trump attorney Michael Cohen, who paid Daniels US$130,000 ($215,000) to keep quiet.

This criminal case could be the only one against the presumptiv­e Republican presidenti­al nominee to go to trial before voters decide in November whether to send him back to the White House. Trump has pleaded not guilty and casts himself as the victim of a politicall­y tainted justice system working to deny him another term.

Meanwhile, as the threat of jail looms over Trump following his repeated gag order violations, his attorneys are fighting Judge Juan Merchan’s order and seeking a fast decision in an appeals court. If the court refuses to lift the gag order, Trump’s lawyers want permission to take their appeal to the state’s high court.

At the same time, they also asked Merchan to modify the order so Trump could publicly respond to Daniels’ evidence. Merchan denied the request, as well as two requests for a mistrial.

“My concern is not just with protecting Ms. Daniels or a witness who has already testified.

“My concern is with protecting the integrity of these proceeding­s as a whole,” Judge Merchan said.

Trump fumed outside the courtroom at the end of the day.

“I’m innocent,” he said. “I’m being held in this court with a corrupt judge who’s totally conflicted.”

At the time of the payment to Daniels, Trump and his campaign were reeling from the October 2016 publicatio­n of the 2005 “Access Hollywood” footage in which he boasted about grabbing women’s genitals without their permission.

Prosecutor­s have argued that the political firestorm over the “Access Hollywood” tape hastened Cohen’s payment to keep Daniels from going public with her claims that could further hurt Trump in the eyes of female voters.

The tape rattled the Republican National Committee leadership, and “there were conversati­ons about how it would be possible to replace him as the candidate if it came to that,” according to evidence from Madeleine Westerhout, a Trump aide who was working at the RNC when the recording leaked.

During questionin­g from prosecutor­s, Daniels relayed in graphic detail what she said happened during their encounter, after the two met at a celebrity golf outing at Lake Tahoe where sponsors included the adult film studio where she worked.

Trump scowled and shook his head through much of Daniels’ descriptio­n, including how she found him sitting on the hotel bed in his underwear after she returned from the bathroom and that he did not use a condom.

At one point, the judge told defence lawyers during a sidebar conversati­on that he could hear Trump “cursing audibly”.

Trump’s lawyers have sought to paint Daniels as a liar and extortioni­st who’s trying to take down Trump after drawing money and fame from her story about him.

And they say the hush money payments were an effort to protect his reputation and family — not his campaign.

Yesterday, Necheles grilled Daniels on her descriptio­n of the encounter in which she described fear and discomfort even as she consented to sex. Daniels said earlier this week that while she wasn’t physically menaced, she felt a “power imbalance” as Trump, in his hotel bedroom, stood between her and the door and propositio­ned her.

As for if she felt compelled to have sex with him, she reiterated that he didn’t drug her or physically threaten her, but “My own insecuriti­es, in that moment, kept me from saying no.”

Necheles suggested her work in porn meant her story about being shocked and frightened by Trump’s alleged advances was not believable.

“You’ve acted and had sex in over 200 porn movies, right?” Necheles asked. “And there are naked men and women having sex, including yourself, in those movies?”

Necheles continued: “But according to you, seeing a man sitting on a bed in a T-shirt and boxers was so upsetting that you got lightheade­d.”

The experience with Trump was different from porn for a number of reasons, Daniels explained, including the fact Trump was more than twice her age, larger than she and that she was not expecting to find him undressed when she emerged from the bathroom.

Necheles pressed her on why she accepted the payout to keep quiet instead of going public.

“Because we were running out of time,” Daniels said.

Did she mean, Necheles asked, that she was running out of time to use the claim to make money?

“To get the story out,” Daniels countered.

“The negotiatio­ns were happening in the final weeks of the 2016 presidenti­al campaign.

She testified that she never spoke with Trump about payment, and said she had no knowledge of whether Trump was aware of or involved in the transactio­n.

Prosecutor Susan Hoffinger later asked Daniels: “Have you been telling lies about Mr Trump or the truth about Mr Trump?”

“The truth,” said Daniels, who also said that although she has made money since her story emerged, she also has had to spend a lot to hire security, move homes and take other precaution­s, and she still owes Trump hundreds of thousands of dollars in lawyer’s fees.

“On balance, has publicly telling the truth about Mr Trump been a net positive or net negative in your life?” Hoffinger asked.

“Negative,” Daniels replied quietly.

 ?? Photo / AP ?? Stormy Daniels gives evidence as a promotiona­l image for one of her shows featuring an image of Donald Trump is displayed on monitors in Manhattan criminal court.
Photo / AP Stormy Daniels gives evidence as a promotiona­l image for one of her shows featuring an image of Donald Trump is displayed on monitors in Manhattan criminal court.

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