NEW YORK — Former President Donald Trump’s lawyer sought to cast doubt on arguments at the core of Manhattan District Attorney Alvin Bragg’s case just minutes into cross-examining the prosecution’s first witness.
Defense attorney Emil Bove questioned former National Enquirer publisher David Pecker about the tabloid’s business practices, pointing out that purchasing stories to keep them from getting out, as he did for Trump, is not unusual for what has been described as the publication’s “checkbook journalism.” The prosecution had previously questioned Pecker on the details of purchasing former playboy model Karen McDougal’s story of an alleged affair with Trump, one of three instances they argue demonstrate an illegal “conspiracy” to influence the 2016 election by Pecker, former Trump attorney Michael Cohen and Trump.
Bove sought to flip the script and demonstrate the McDougal deal was just “standard” procedure. He highlighted multiple instances where Pecker’s magazine suppressed damaging stories for other individuals in the public eye, including for politicians like Rahm Emanuel, current U.S. ambassador to Japan and former Democratic mayor of Chicago, and former Republican California Gov. Arnold Schwarzenegger.
He also emphasized that Pecker’s relationship with Trump pre-dated the 2016 election. Pecker had been providing Trump a heads up on potentially negative publicity for over a decade, Bove noted, and Pecker confirmed the first time he did so was in 1998.
Pecker agreed that he ran articles about Trump because it was “good for business.” They had a “mutually beneficial” business relationship: Trump would also tip Pecker off with information about “The Apprentice,” including rating and access to participants.
“Before this investigation started, you had not heard the phrase ‘catch and kill,’ correct?” Bove asked, referencing the prosecutor’s description of Pecker’s purchase of the McDougal story.
Pecker agreed. Trump, sitting next to his attorneys, shook his head.
Prosecutor Joshua Steinglass earlier used his questions to walk through the details of Pecker’s deal to purchase the McDougal story, displaying for the jury various contracts and invoices. Bragg’s team also asked Pecker, among other things, if Trump’s concern was more for his campaign or for his family and whether Pecker had consulted with an election law attorney about the matter.
Pecker began his testimony on Tuesday, a short day for the trial that concluded early due to Passover. Both sides offered opening statements on Monday.
