Donald Trump is on trial in Manhattan facing 34 counts of falsifying business records as part of another crime: conspiring to influence the 2016 election. Manhattan District Attorney Alvin Bragg argues that, to squelch negative publicity that might hurt Trump’s 2016 campaign, Trump directed the creation of fake records to hide hush-money payments to women who claimed they’d had extramarital sex with him.
That’s a complicated case to prove. And one in which it does not matter one whit, at least legally, who Trump actually had sex with. All Trump’s lawyers have to argue is that the payoffs, while perhaps unseemly, were legal. And they’re doing that. Yet Trump’s lawyers are also going further, asserting that the former president didn’t have sex with any of the three woman whose possible encounters with him resulted in payoffs for silence.
In one case—a $30,000 payout to a doorman who claimed to know of Trump fathering an out-of-wedlock child—the underlying allegation in fact seems to be false. But it’s striking that Trump’s defense includes denials that he slept with porn star Stormy Daniels (who received $130,000) and Playboy model Karen McDougal ($150,000). That’s because, to exaggerate only a bit, no one believes him.
The ongoing testimony of David Pecker, the former publisher of the National Enquirer, who helped spearhead the so-called “catch and kill” scheme to buy the rights to stories about Trump’s alleged encounters in order to suppress the claims, drives home that point. Pecker on Thursday indicated that he, former Enquirer editor Dylan Howard, and Trump fixer Michael Cohen all believed McDougal’s account of a year-long sexual affair with Trump.
What’s more, according to Pecker, Trump did nothing at the time to counter that impression. Pecker recounted a June 2016 call with Trump which came while Pecker’s company was in the process of buying the rights to McDougal’s story. Trump, who Pecker said knew of McDougal’s claims and the talks about paying her to stay quiet, remarked that “she is a nice girl,” Pecker recalled. Trump then asked: “What do you think I should do?” Pecker said. Pecker said he suggested paying her. Trump, that is, did not deny McDougal’s claims. Nor, according to Pecker, did Trump dispute her claims in a January 2017 Trump Tower meeting in which he thanked Pecker for “handling” the matter.
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