Donald J. Trump faces a high-pressure day on Thursday as a crucial witness is expected to describe to the jury for the first time the hush-money payment at the center of the Manhattan criminal trial.
The witness, David Pecker, the former publisher of The National Enquirer, will take the stand for a third day on Thursday, and this time is likely to shed light on the circumstances surrounding the payment to the porn star Stormy Daniels during the 2016 election.
Mr. Pecker, whose magazine had previously bought and buried two other salacious stories on Mr. Trump’s behalf, decided not to pay Ms. Daniels for her account of a sexual encounter with Mr. Trump. Instead, Mr. Pecker is expected to explain how he and a top editor brought the story to Mr. Trump’s personal lawyer and fixer, Michael D. Cohen, who then paid Ms. Daniels $130,000 to keep quiet.
Mr. Trump, who later reimbursed Mr. Cohen, denies that he and Ms. Daniels had sex.
The Manhattan district attorney’s office, which brought the case, has said that Mr. Pecker was one member of a conspiracy that also involved Mr. Trump and Mr. Cohen. Mr. Pecker has supported that story, saying that the three men reached a secret agreement in 2015 in which The National Enquirer would promote positive stories about Mr. Trump and, importantly for the prosecution’s case, suppress negative ones.
Mr. Trump, the first American president to be criminally prosecuted, is charged with 34 felonies of falsifying business records related to the reimbursements to Mr. Cohen. If convicted, he could receive probation, or up to four years in prison.
It may be the only trial Mr. Trump faces before Election Day. Three other criminal cases are delayed, including one in Washington, where he is accused of plotting to overturn his 2020 election loss.
On Thursday, the Supreme Court will hear arguments on a key issue in that case, whether Mr. Trump is immune from prosecution for acts he committed while president. The court could determine whether he will face a second criminal trial this year.
His Manhattan case has been a high-intensity spectacle, complete with crowds of reporters and phalanxes of security officers — but, in spite of Mr. Trump’s calls for them, precious few protesters.
Mr. Trump has injected an element of menace, attacking both witnesses and the jury, which prosecutors say could put them in danger. The prosecution has asked the judge presiding over the trial, Juan M. Merchan, to hold Mr. Trump in contempt, saying he violated a gag order that barred such attacks. Justice Merchan could rule as soon as Thursday.
Here’s what to know on Day 7 of the trial:
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When Mr. Pecker was on the stand Tuesday, he testified that Mr. Cohen and Mr. Trump had asked him how he and his magazines could “help the campaign.” That statement supports the prosecution’s argument that the men were not just protecting Mr. Trump’s personal reputation, but aiding his presidential bid. “I would be your eyes and ears,” Mr. Pecker recalled telling them, as he explained to the jury the supermarket tabloid practice of “catch and kill,” in which an outlet bought the rights to a story, only to never publish it.
Mr. Pecker bought the story of a former Playboy model, who said she had an affair with Mr. Trump, as well as a doorman who relayed a false story about Mr. Trump fathering a child out of wedlock.
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The gag-order hearing Tuesday was heated at times, with Justice Merchan scolding Mr. Blanche for his failure to offer any facts in his defense of the former president. “You’ve presented nothing,” he said. One key issue in the hearing involved Mr. Trump’s echoing the remarks of a Fox News commentator in a social media post. The full quote, as shared by Mr. Trump, said: “They are catching undercover Liberal Activists lying to the Judge in order to get on the Trump Jury.” Read more about the hearing.
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The prosecution asked Justice Merchan to fine Mr. Trump and remind him that he could eventually face jail time for violating the order. Last week, as a result of the prosecution’s request, officials with federal, state and city agencies had an impromptu meeting about how to move and protect a former president in a holding cell, according to two people with knowledge of the matter.
