We have breaking news Stormy Daniels is expected to take the stand today in the criminal hush money trial against former president Trump prosecutors argue Trump orchestrated a last minute $130,000 payment to the adult film star ahead of the 2016 election in exchange for her Silence about an alleged Affair that Trump has denied the charges and the.
Affair today he and Stormy Daniels will be face to face in court and her testimony comes a day after the jury got its first look at the allegedly fraudulent documents at the heart of the case and after the judge find Trump for a 10th gag order violation warning the former president could face jail time if he violates the gag order again ABC News.
Senior investigative correspondent Aaron kerki has the latest for a 10th time Donald Trump has been held in criminal contempt and slapped with a fine for violating the gag order but the judge conceded monetary fines have not and will not deter Trump so the judge warned future violations could land Trump in jail this.
Judge is giving me a gag order and said you'll go to jail if you violated Trump is on trial for falsifying business records to keep an adult film actress's long-denied claim of a sexual encounter with Trump from voters before the 2016 election his fixer at the Time Michael Cohen wired Stormy Daniels the money and when Trump paid him back prosecutors.
Said Trump illegally characterized the monthly reimbursements as legal expenses for the first time the jury seeing the invoices coent that asked for payment pursuant to the retainer agreement did you ever see a retainer agreement former Trump controller Jeff mccan was asked he answered I did not jurors also saw mccc's handwritten notes that worked out.
The monthly reimbursements and the checks Trump signed while at the White House on cross-examination the defense asked mccan payments to lawyers by the Trump organization are legal expenses right he answered yes sir ABC News senior investigative correspondent Aon kki joins me from outside the courthouse along with ABC's.
Legal contributor Brian buckmire for more on this Aaron what can we expect today as Stormy Daniels takes the stand she is going to instantly be the the the most interesting witness I would think for the jury Diane stormmy Daniels and Donald Trump I don't believe have been in the same room in quite some time perhaps uh 20 years nearly uh the last.
Time was when stormmy Daniels was at Trump Tower and we heard testimony from Trump's former executive assistant Rona graph that she had seen and remembered Stormy Daniels at Trump Tower because Trump at the time was thinking she might make an interesting contestant on The Apprentice here she is going to be testifying about what happened between.
The two of them back in 2006 in California when according to Stormy Daniels they had a sexual encounter Donald Trump has denied that but on the eve of the 2016 election she was wired $130,000 by Trump's fixer at the Time Michael Cohen that wire transferred took place 12 days before the election the Catalyst prosecutors say was the exess.
Hollywood tape and the Trump campaign prosecutors have suggested did not believe it could take another sex scandal Brian what will you be watching for as the prosecution questions Stormy Daniels I'd be watching to see how deep they get into the question of how damaging would this have been to the Trump campaign are they gonna get fully.
Into the details of that alleged interaction between Stormy Daniels and Donald Trump because we could see this case turn from what is a documents case in many ways and and the falsification or alleged falsification of those documents to someone of a of a did he or did she not have sex or a sexual encounter with each other it's going to.
Be like almost like a sexual abuse case in a sense of the prosecution proving this encounter and then the cross-examination of them trying to deny it that it never happened I think we're going to find out information about this encounter we've never heard before and I just want to clarify that Trump is not being charged with sexual abuse in in.
This case but I I know I understand what you mean where they could get into some of these tody details or they could choose to avoid some of those and just focus on the the basics here and then what about from the defense Brian what are you expecting when they get their chance to cross-examine Stormy.
Daniels I I think and thank you for that clarification I just not want to I just meant the air of how I totally understood what you meant I just wanted to be extra clear uh but I think for the defense it's not just about going against Stormy Daniels for the idea that her information was hidden in an incorrect.
Way I think they are going to attack her in the sense of this never happened I think from what we're seeing uh in Donald Trump's representation a lot of the arguments uh flow from Donald Trump I think he's very much inwin intertwined sorry with his defense as every good defendant should be um and I think they're going to attack Stony Daniels in.
A way to suggest this never happened she's lying a lot of the statements that we've seen Donald Trump make in the campaign about her credibility I think it's going to be a very interesting and has already said uh probably the more entertaining part of this trial but Brian does it matter to this case whether the affair actually happened or.
Not if the if the issue here is the payment and the documents that allegedly tried to cover up that payment I think you you're correct to think to ask that question because in a certain lens whether or not this story was true just like the story of the doorman and Trump having a child was true it's still about the falsification.
Of the documents but I think what we've seen in the representation of Donald Trump is if there's an ability to attack someone's credibility to show the jury or uh voters that someone should not be believed Donald Trump and his attorneys will take that opportunity and I can't imagine a world where the defense will not be focusing on both that the.
Falsification of documents doesn't exist but also that story McDaniels is a liar I think that goes hand inand with their defense here and eron Donald Trump will be in the room just feed away as Stormy Daniels testifies about this alleged Affair and hush money payment how careful does he have to be in terms of his reactions in court.
Today he already took down one truth social post about the impending court day he's on notice that if he violates the gag order again and remarks in the hallway or something like that he could be tossed in jail because the judge said that the the $1,000 per violation fines didn't seem to be much of a deterrent for him but for Trump this cannot be.
Comfortable uh he's going to be reliving an alleged encounter from 20 6 uh that Stormy Daniels at first denied occurred before she went on Jimmy Kimmel on ABC and and when he put up this letter of denial she said that's not my signature and that's when the story began to unravel but it was according to prosecutors part of what they've called.
A catch and kill scheme to conceal information from voters that also involved a payment to Karen McDougall and a payment to a a a Trump World Tower doorman and and finally a payment of $130,000 to Stormy Daniels herself and the jury has already seen the wire transfer they saw how the Trump organization logged the payment as a.
Legal expense and and the handwritten notes of both Alan weiselberg and Jeff mccan uh two of the financial Executives at the Trump organization who who talked about the payment as reimbursement to Michael Cohen for his wire transfer to Keith Davidson Stormy Daniels lawyer at the time so they seen the paper trail now they hear from Stormy Daniels.
Herself all right Aaron kerski Brian buckmire thank you both we will be following the story all day long we'll bring you the latest on former president Trump's criminal hush money trial right here live on ABC News live first
Stomry. Is giving a 3 for 1 this week
Please attach Trump in reformatory
Extortion at it Finest, basically basically based on federal officials.