Why Donald Trump Trial's First Witness Could Destroy His Defense

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David Pecker, the former chairman of the National Enquirer's parent company, is expected to be called as the first witness when evidence begins in Donald Trump's hush-money trial on Monday.

Pecker was allegedly present at a meeting with Trump in 2015 about how the National Enquirer could help him get elected in the 2016 presidential election.

That allegedly led to the Enquirer being used as a front by Trump while he was trying to silence women with whom he had allegedly had affairs.

According to prosecutors, the magazine would buy up the person's story and never publish it—a way of hiding any possible scandal.

donald trump court
Donald Trump speaks to the media as he leaves Manhattan Criminal Court in New York City on April 19, 2024. Publisher David Pecker is expected to be the first prosecution witness in the case. Curtis Means/Getty Images

Trump, the presumptive Republican presidential nominee, is the first former president in United States history to stand trial in a criminal case. He has pleaded not guilty to 34 counts of falsifying business records.

The prosecution seeks to prove that before the 2016 presidential election, Trump paid, or discussed paying, two women—adult film star Stormy Daniels and former Playboy model Karen McDougal—not to disclose his alleged affairs with them.

As part of the "pattern of behavior" narrative to back up those claims, prosecutors allege that a payment was made to a former Trump Tower doorman who claimed to know that Trump allegedly fathered a child with another woman.

Prosecutors say National Enquirer publisher American Media Inc. (AMI) bought the rights to the doorman's story following an agreement between Pecker and Trump to look out for negative stories about the then-presidential candidate. Trump has denied all the allegations and says he is the target of a political witch hunt.

Newsweek sought email comment from Trump's attorney on Monday.

The Manhattan DA's office has refused to release a list of its first witnesses, even to the Trump defense team, because it fears intimidation by Trump supporters. Its decision not to release the list was strongly endorsed by Judge Juan Merchan on Friday.

Pecker is expected to be the first witness after opening statements by both prosecution and defense lawyers. He has been granted immunity from prosecution in exchange for his testimony.

Pecker is expected to testify that, one month before the November, 2016, election, an agent for Daniels contacted the National Enquirer and said that she was willing to go public about her alleged affair with Trump.

Pecker allegedly contacted Trump's attorney, Michael Cohen, who agreed to purchase Daniels' story for $130,000.

The Trump Organization then allegedly repaid Cohen.

Both Cohen and Daniels are expected to corroborate Pecker's account when they give evidence.

Pecker will also testify that the Enquirer's parent company, AMI, paid Playboy model Karen McDougal $150,000 so that she would not reveal details about her alleged affair with Trump before the 2016 election.

Trump was not charged for the McDougal payment but it is being used by prosecutors to show a pattern of behavior.

AMI later paid a $187,500 fine to the Federal Election Commission for what was deemed to be an unlawful campaign contribution to Trump.

MSNBC analyst, Lisa Rubin, wrote on Twitter on Monday that the station previously reported that Trump was at the crucial 2015 meeting with Pecker.

"If Pecker is indeed the first witness, expect this meeting to loom large," she wrote.

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About the writer

Sean O'Driscoll is a Newsweek Senior Crime and Courts Reporter based in Ireland. His focus is reporting on U.S. law. He has covered human rights and extremism extensively. Sean joined Newsweek in 2023 and previously worked for The Guardian, The New York Times, BBC, Vice and others from the Middle East. He specialized in human rights issues in the Arabian Gulf and conducted a three-month investigation into labor rights abuses for The New York Times. He was previously based in New York for 10 years. He is a graduate of Dublin City University and is a qualified New York attorney and Irish solicitor. You can get in touch with Sean by emailing s.odriscoll@newsweek.com. Languages: English and French.


Sean O'Driscoll is a Newsweek Senior Crime and Courts Reporter based in Ireland. His focus is reporting on U.S. law. ... Read more