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Trial Resumes After Opening Statements In Hush Money Case; Tabloid Executive David Pecker On The Stand As First Witness; Court Wrapping Up For The Day In Trump Hush Money Trial. Aired 12-12:30p ET

Aired April 22, 2024 - 12:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[12:00:00]

DAVID URBAN, CNN SENIOR POLITICAL COMMENTATOR: I have no doubt that, you know, this jury in New York is going to find him guilty and there'll be an appeal at some point. But in the political realm, I think the case maybe backfired because it's creating a sympathetic character of Donald Trump.

ANDERSON COOPER, CNN ANCHOR: One of the threats that came out in opening statements this morning was motive that the -- that Trump feared that if the Stormy Daniels story came out right after the Access Hollywood tape, that could have been incredibly damaging to his campaign. So that's why he arranged the payoff. I mean, do you think Stormy Daniels story would have been very damaging?

URBAN: Anderson, I can tell you that I was on the -- I was there. OK. I was -- I got the receipts. I was there. I was on the campaign during that the Access Hollywood tape when it was revealed on that, I think either Friday or Saturday night. And I believe I have to go back and check the records. I believe I had the first public event with a president that was candidate Trump at the time at Ambridge, Pennsylvania.

And, you know, nobody cared, nobody cared about at that point in time. And I think that any follow on or subsequent stories -- the negative stories about potential or alleged peccadilloes, I don't think would had an impact. If that tape -- if this Access Hollywood tape didn't have an impact, I don't think any Stormy Daniels story would have had any impact either. So that narrative, I think is a little weak. If you go back and look at the history.

COOPER: You don't think it -- I mean, it certainly had an impact. Plenty of people seem to care. You're saying people at the event, you were at didn't. But I mean, there certainly was a lot of -- there wasn't their concern within the campaign? Were there people within the campaign who were concerned?

URBAN: Anderson, absolutely. So, when that -- when the tape came out, a great deal of concern, right? But as the days went on and the weeks went on, you saw that people didn't -- they weren't -- they weren't electing Donald Trump to be their pastor. They weren't electing Donald Trump to be their -- you know, their moral shaman. They wanted to be president. And they thought that, you know, if it did occur, that -- you know, it was something that happens and is in locker rooms across America as the former president said. So yeah, it did have an impact, but not to the extent that I think that this case is going to try to make it seem like it had an impact. You know, the Trump's -- the Trump campaign one of toppled over with one -- with one more bad news story, you know, a week or two later.

COOPER: David Urban, maybe we can talk to you. Thank you very much.

URBAN: Thank you.

COOPER: We just saw Donald Trump walking back into the courtroom. Here with us Paula Reid and Kaitlan Collins. That was the argument that Donald Trump made that they sort of ended up on, which is -- this was locker room talk about the Access Hollywood tape and that's sort of the line that they embraced.

KAITLAN COLLINS, CNN CHIEF WHITE HOUSE CORRESPONDENT: But it was a moment of complete crisis when this tape came out. I mean, the idea, yes. Now they'll say, you know, when something happens, oh, well it can't be as bad as Access Hollywood. The fact that they survived and lived through that is kind of gallows humor among Trump aides who were there at that time.

Also, there is evidence and documents to back us up where Hope Hicks, Michael Cohen, others were talking about this. I mean, that tape came out when they were in the middle of debate prep. It is lower --

COOPER: It came out on the front. I mean, I remember I did the debate on Sunday. We were doing debate prep Friday is when the tape came out. I mean, it was a bombshell.

COLLINS: Trump spreading rumors that he was going to drop out and then brought the Clinton -- the Bill Clinton accusers to the debate. I mean, it was -- it was a pivotal moment in the campaign. And it also is a pivotal moment that ties back to Stormy Daniels.

Because as we were saying earlier -- initially, she came forward with her demand for $130,000 to not tell her story publicly, and they believed it was too high. After Access Hollywood that changed. And she was paid the $130,000. So that itself speaks to the impact that has had on the campaign.

Also, for Melania Trump, I will say the reason that this case is so personal for Donald Trump is because as this was becoming a public story in the nature of these allegations, which Trump denies to this day were coming out. It deeply disrupted his relationship with the former first lady.

And you have not seen her accompany him to court at any moment during this trial. She is on the campaign trail. She was at that fundraiser over the weekend. It is a deeply personal story. And it's one of the most sensitive for Donald Trump because of how it affects his relationship with Melania.

COOPER: The jury is back in the courtroom.

PAULA REID, CNN CHIEF LEGAL AFFAIRS CORRESPONDENT: And David Pecker has just been called to the stand. So, we'll see what he has to say as he takes the stand. We only have about 25 minutes here before court is expected to wrap. But I completely agree with Kaitlan. I mean, the idea that the Access Hollywood tape was just a blip for the campaign. Now, with the benefit of hindsight, you can see that even some of his closest allies, that was also a breaking point for them.

Now, let's talk about who David Pecker is, right? We've heard a lot about him this morning. But he was a publisher of the National Enquirer, leading up to the 2016 election. And I would expect the prosecutors will start their questioning the same way they started their opening statement.

They're going to take it back to 2015. They could even take it earlier to really set the stage for the relationship -- this closest allyship between Pecker and Trump. And then they're going to walk through their theory of the case and how David Pecker's understanding right, of this effort to help Trump and can help their case.

[12:05:00]

COLLINS: And David Pecker we should note has now been sworn in. He was just formally called by the -- by the prosecution, but he has now been sworn in. I mean, this is someone -- he doesn't speak to Donald Trump. They don't speak to Michael Cohen. The three men who were, you know, at the heart of this meeting that the prosecution is going to talk about, none of them are speaking anymore. And it's just -- it speaks to the relationship that these are two people Trump had a decade's long relationship with. And now none of the three of them speak at all.

COOPER: And we're going to hear in detail about this meeting. But what an extraordinary idea that they would have even had this meeting, which is essentially David Pecker, how can we help you become elected president. Pecker walked behind Trump's chair who did not look at him as he walks slowly to the witness box.

This is -- these are notes from our team of three we have in the courthouse -- in the courtroom, sending out information minute, second by second as it happens. We're reading them out to you. You see them on the lefthand side of your screen. I mean, this is really the idea that they called him as the first witness shows his importance. The importance of this meeting that was held at Trump Tower.

COLLINS: But also, just as someone who has covered Donald Trump since his rise on the campaign trail to -- for it to culminate in this moment where someone that he wants was in meetings discussing sensitive allegations that were being made against him true or false, depending of course on who you're asking here. That is culminated with David Pecker taking the witness stand and Donald Trump at the defendants table --

COOPER: Trump looked up Pecker as he walk-by. COLLINS: Yeah. And these are two men who have not spoken since all of this became public -- since all of this happen. And since David Pecker, who was -- as we were noting earlier, is not someone who can be charged in this case that he can reveal such information about direct conversations with Donald Trump.

COOPER: Imagine what must be going through the mind of Donald Trump. I mean, this is a man who he has had a decades long relationship with Josh Steinglass. He's questioning Pecker for the prosecution. Decades long relationship with Pecker was the keeper of many secrets for Donald Trump.

COLLINS: A style of the magazine. It was literally called Trump style. I mean, these were two people who were like -- just to look at the arc of this relationship that is culminating in this moment is remarkable.

REID: And the importance of David Pecker not only to establish that there was a pattern of Trump --

COOPER: Steinglass apologizes about his first question, which is to David Pecker. How old are you?

REID: It's a tough one, but you got to do it. These are all the customary questions that you ask. I believe he's 72. But not only is it important for David Pecker to establish as a witness that this was a pattern, but also that Trump knew. Because when we heard about that in the defense opening statements a few moments ago, they kept emphasizing Trump had no idea about paperwork. How these things were being handled. This is really important that Trump understands that money is being exchanged to suppress negative stories.

COOPER: Yeah. And Pecker says he is in fact 72. Steinglass is now walking through Pecker's background including that he's married, his educational background and his work as a consultant.

COLLINS: One thing that's important to keep in mind here as we are getting -- hearing the initial questions that prosecutors are asking David Pecker is, this is not someone who is seen as a hostile witness against Trump. And he is someone who went to Trump actively trying to help his campaign.

He published borderline insane, cover stories about Hillary Clinton, when she was on the campaign trail. This is someone who actively wanted Donald Trump to be president and to help -- get him into the White House who was treated to lunches at the White House and tours at the White House, including of the Lincoln Bedroom in the early days of the Trump presidency. So, he's not someone who initially just turned- on Trump or didn't want him to have higher offices.

COOPER: The testimony was briefly interrupted by Judge Merchan to get the jurors' notepads and pens.

COLLINS: Yeah. The judge -- the jurors obviously want to be able to take notes of what they're going to be hearing from David Pecker. But as the judge was saying earlier to the jury when he was instructing them, don't rely on your notes as a transcript. You can have a transcript of what the witness says, but your notes shouldn't be considered that as your -- as you're listening to all of this.

The question, of course, you know, is how long the prosecution is going to question David Pecker for because obviously after that, Trump's team will then have the opportunity to get up. And the question is how they will cross examine him. We know what they'll do with Michael Cohen -- inspected.

Stormy Daniels is a big question. But with David Pecker, you know, this is someone who had an intimate friendship with Donald Trump for decades and did not have an acrimonious relationship with him until now.

COOPER: It'll also be interesting to see how much they tried to establish the friendship that existed between the two to kind of give a sense of, you know, motivation for the jury.

REID: Yeah. And the fact that David Pecker was not directly involved in the Stormy Daniels' payment after he touched Cohen that she was interested in selling her story.

COOPER: Well, the half the jurors had raised their hands when asked by Judge Merchan if they wanted writing materials.

REID: Yeah, makes sense.

COOPER: Not all jurors necessarily want to -- want to take notes, but if they -- if they want to, they're able to.

[12:10:00]

REID: Exactly. I mean -- and the other case you said earlier, and Kaitlan pointed out. The notes help you but they're not what you base your decision on.

COLLINS: But also, just the moment, you know, when we're talking about how they are establishing that friendship. This speaks to what we were talking earlier which is Donald Trump has to sit there and listen to all of these witnesses come forward. He can't, you know, interject at any moment. Maybe he'll make facial expressions or write notes to his attorneys. But he can't comment and push back on what they're saying, which is so -- you know, it's a reflex for Donald Trump to be able to do that.

And in this moment and in this trial that will not be an opportunity that is afforded to him, while he's sitting there at the defendants' table. He'll be listening to David Pecker give his account of that August 2015 meeting and of his relationship with Donald Trump and what that looks like.

COOPER: Yeah. Jake, what a long, strange relationship these two men have had, and now they're staring at each other across a defense table, while David Pecker is testifying.

JAKE TAPPER, CNN CHIEF WASHINGTON CORRESPONDENT: That's right. How unusual and it was nine years ago in August of 2015 that David Pecker allegedly sat down with Trump and some of Trump's aides to talk about how the National Enquirer and the tabloid media empire AMI could help Donald Trump in his race for president. And right now Steinglass -- Josh Steinglass, the assistant district attorney is having David Pecker walk through AMI and what kind of publications it has.

And as Kaitlan noted earlier, one of those erstwhile publications was Trump style. This is a longtime relationship, and Pecker is looking at the prosecutors and toward the jury. As he answers questions, he does not appear to have made eye contact directly with Donald Trump yet, although we're told Donald Trump is looking right at him as he testifies.

And Jim, with the understanding that I'm going to rudely interrupt you to bring the play by play. You say that it makes sense to bring David Pecker out now, even though there's only about 20 minutes left before they adjourn because one of the alternate jurors has a dentist's appointment.

JIM TRUSTY, FORMER TRUMP ATTORNEY: I was prosecuted for 27 years. He'd run into these scheduling moments of where are we going to end the day. You want to end strong every day, particularly Friday afternoons. So, you coordinate your questioning in a way where it lands on a strong point and that's it.

This is not enough time to allow for any cross examination realistically. So, you're not going to face the problem of a straddled cross where they started crossing that overnight to regroup and do more. But you do have an opportunity to end with some strong point. Whether that's a sign check or some sort of communication between him and President Trump will find out. But I'd expect right at the buzzer, they'll come up with something that's kind of catchy.

TAPPER: Yeah. David Pecker says, he was Chairman and President and CEO of AMI, the tabloid enterprise and had a 10 percent ownership stake in the country. Laura Coates, as we're preparing David Pecker to only speak for maybe, I don't know, 15, 20 minutes more. How would the prosecution and strong as Jim Trusty suggests they probably want to do. What's the thought to leave the jury with before they adjourn?

LAURA COATES, CNN ANCHOR & CHIEF LEGAL ANALYST: And recall, they can still go tomorrow or the next or the orders --

(CROSSTALK)

TAPPER: Keep going. Yeah, of course.

COATES: But that moment he wanted -- I'm sorry, he wanted to get some credibility. They want to suggest that he's somebody who's not an insanely character, although his publications may have not been what people consider to be highbrow that he had a relationship with Donald Trump and knew what he wanted. And they had a give and take. And that he wants to show that there was some level of ownership over his ability to catch and kill stories.

This is now going chronological. He wants to -- they want to show that this person, there's a history of this behavior that Stormy Daniels net payment was not a one off. This creates that foundational aspect. ELIE HONIG, CNN SENIOR LEGAL ANALYST: And Jake, the fact that prosecutors have chosen to call David Pecker first. Tells me that they have confidence in him. You want to start off as a prosecutor with someone who you believe is going to make an impact, but also be safe. And that's why you would never start, for example, with Michael Cohen. Now I'm sure the defense has a vigorous cross ready for him. But this is a sign of confidence by the prosecutors and the way they've ordered these witnesses.

TAPPER: It is a big witness, and he has immunity. And Karen, they're walking right through -- right now through basic biographical details. The jury as we covered during jury selection during voir dire, these are -- this is a group of people that hasn't really kept up on the news. They're not really super up on who -- any of these people are, especially David Pecker, arguably the least well known of the three major witnesses.

David Pecker just told the prosecutor. Yes. I had the final say on the celebrity side of the magazines going into the details. So, what is the point of the what the prosecutions are doing here, just establishing the power and the influence this man had?

KAREN FRIEDMAN AGNIFILO, CNN LEGAL ANALYST: Absolutely. I mean, this is where the rubber meets the road, right? This is where -- this is the evidence.

TAPPER: Pecker saying -- by the way, sorry to interrupt. We use checkbook journalism, meaning we pay sources, which is not what journalists -- traditional journalists do. You don't pay sources. And that's people wonder why the National Enquirer is able to break all these stories having to do with John Edwards or celebrities. They pay sources, they pay nurses, they pay policemen. They do all sorts of checkbook journalism. I'm sorry.

[12:15:00]

AGNIFILO: Yeah. So, this is -- this is evidence, right? The opening statements are not evidence. Jury selection is just that. This is the first thing we are seeing that is actually now evidence of the crime. And so, the prosecutor is using David Pecker to set the stage.

TAPPER: And just note that David Pecker is just talking about the checkbook journalism, they practice. If it was more than $10,000, he would have to sign off on it. The only thing that was important was the cover of a magazine. Pecker said, when asked if he had editorial, say.

So, the two things that he's establishing. One, his employees could pay for stories or sources or whatever. But if it's over $10,000, David Pecker needed to be brought in. And two, in terms of what's in the magazine, all that matters to him is the cover.

AGNIFILO: And what the prosecution -- what Josh Steinglass is doing here. Josh Steinglass is a very, very seasoned trial -- experienced trial attorney. He's one of the best in the Manhattan D.A.'s office. What he's doing here is he knows how intimidating it must be for David Pecker to be having Donald Trump's glare at him from across the courtroom and leer at him.

He's trying to get him comfortable. He's having him talk about things that aren't going to be difficult. Get him comfortable in front of the jury, comfortable in front of Trump, comfortable answering questions. So, he hasn't asked him any difficult questions yet. And so, you won't see that until he gets him to use to speaking and used to talking here.

TAPPER: Yeah. Because they're not embarrassed that they practice checkbook journalism. Jamie Gangel, this is what they do.

JAMIE GANGEL, CNN SPECIAL CORRESPONDENT: That's how they make their money. That's why people buy the magazines at the checkout counter. I'm watching to see Trump's behavior now. Opening statements, he behaved himself straightforward, pass some notes. Now someone he knows very well is on the stand.

I don't know if in the next 20 minutes, they're going to get to something that's referred Trump. But you can imagine the jurors are looking at David Pecker. But you can do two things at the same time. They're also going to be glancing to see how Donald Trump reacts.

DANA BASH, CNN ANCHOR & CHIEF POLITICAL CORRESPONDENT: David Pecker was a person who had a classic transactional relationship with Donald Trump way earlier than when he ran for office. As a celebrity in New York, as somebody who then went nationally, when he was on The Apprentice. Pecker is walking through editor meetings for the jury, explaining how they would look at the cover of magazines.

So, to your point, clearly trying to make them comfortable. But Jamie, the whole notion of Pecker saying these things -- being asked these things. Trump's sitting not far away as somebody who's been at the defense table, so to speak, with Donald Trump. How do you keep him calm?

TRUSTY: Why don't you keep calm internally? That's Trump (Ph) asked. But like, there's nothing that's been out here on these reports yet about glaring or leering at the witness.

BASH: Right. That's what I am saying. So far, it's been successful.

(CROSSTALK)

TRUSTY: The two it is characterization. But what I would say is look, any defendant, any kind of executive defendant who's so used to having control over their life, their business, their daily existence is about giving orders to people. It's always a challenge. For them to suddenly be told, you got to be quiet. You have to be respectful. These lawyers are going to do this stuff for you. They're going to be the ones that do the argument. The judge has to be respected.

I think the difference here between anything else that we've seen with President Trump in court is that, you know, probably there's been a speech to him about, if you alienate the jurors, you have only yourself to blame. Like it's one thing to be outside talking about the motivations of this prosecution, have calendula comes from D.C. to suddenly parachute in and revive this misdemeanor case. All of the things you could talk about, about procedural files fall out the window because you're in trial.

So, you have to basically say, do not alienate those 12 people because all we need is one of them. And if you act like you're impatient or disrespectful of the process, it's going to be twisted into them taking --

TAPPER: So, David Pecker was just asked to give the last four digits have multiple cell and office phone numbers. He laughed when he was asked to do so. He confused one, but he was proud. He remembered another. I guess this is just to show that how hands on he was -- he was involved in specifics.

(CROSSTALK)

GANGEL: I'm starting. I just wanted to ask you --

TAPPER: This isn't a quiz.

GANGEL: With someone like Donald Trump though, are you reminding him of that every single day before you go into court about being -- how we send (Ph) him the jury.

TRUSTY: But it's actually not just limited to him. But yes, you know, you've got a lot of people that are going to have very strong opinions. It's times 10. There's a whole political lane here that's different than any other prosecution, I get all that. So yeah, you'd be like, hey, you know, have your spokespeople do their thing. But keep in mind, we need these 12 people to realize you're respectful.

HONIG: On the phone number topic. I think they're also trying to lay a foundation because they're going to have phone records that look like your phone bill -- the list numbers. Prosecutor is going to -- go in and want to be able to say, that's so and so's number. We have an interesting proxy by the way.

[12:20:00]

TAPPER: Just to interrupt for one sec. So, Trump's attorney Todd Blanche is laughing at the routine as Josh Steinglass and David Pecker going back and forth. And Josh just saying, this isn't a quiz, but you know what this number is, you know what that number is, and David Pecker is laughing. Trump is sitting forward facing Pecker, appearing to watch the whole cross examination. Pecker is saying he had two email addresses, one for general work and a private one for emails. I didn't want my assistant to see.

HONIG: That's interesting. I'm sure the jury is now saying, well, I can't wait to see the emails from the latter one, the secret email account. And by the way, this happens. There are light moments in court. And as a lawyer or a party, you want to be human. You don't want to be an automaton. You don't want to be angry. So, something funny happens. Have a laugh, no big deal. Yeah. There Pecker says, he used the more restrictive email for sensitive matters. I'm sure they've whet the jury's appetite for those.

COATES: You also want to think about. I mean, we talked a little bit about the cover of the magazines. But that's really important here because this is somebody whose expertise really fell in that he knew what was going to capture the attention of a nation. And he knew what was going to make people lean in and pick up that magazine.

He also conversely, would know which would make people not pick it up. And what he had to kill in order to not have the attention directed people he didn't want to have (inaudible). So, keep in mind that by nation for this expert -- this particular witness, not expert in terms of like a legal term of art, in terms of expertise.

But his particular expertise here is in knowing what this person on the screen would have wanted to be on the cover. And certainly, around the time of a presidential election, a hush money payment would have been there.

TAPPER: So, David Pecker here was saying that he used this private email account. The more restrictive email that is -- that his assistant didn't get to see for sensitive matters. And the context here is important, Karen, because we're dealing with a tabloid publisher. Everything is a sensitive matter.

So, to be a sensitive matter in his world is super, super sensitive because -- basically he's dealing with airing the dirty laundry of all sorts of famous or semi famous people. Steinglass, the assistant district attorney is now asking David Pecker about Dylan Howard, who was the editor in chief of the National Enquirer at the time. Dylan reported directly to me, Pecker says.

AGNIFILO: He is clearly using David Pecker to set the stage for other evidence that's coming in. And so, he's having him tell the story. What are the email addresses? What are the last four digits of certain numbers? Who is Dylan Howard? He's setting the table with information and witnesses and evidence that is clearly going to become relevant later.

TAPPER: Is this, Jim Trusty, when you said that that what he's -- they're doing right now, having David Pecker testify, even though there's only a roughly eight more minutes left before they adjourn for the day. Is this what you thought that they would be doing to like, just establish the credibility of this co-conspirator according to them?

TRUSTY: Yeah. You get him comfortable on this jury interested in what's coming next. And you set the stage, and frankly, I think you get to like 12:30. You look at the judge. If the judge is doing this, then you show one splashy email that involves President Trump. You want to leave him with something that's kind of sexy for overnight and knowing he's not getting cross examined for a while.

TAPPER: The first rule of showbiz. Leave them wanting more.

TRUSTY: Yeah. I think so. You know, we're dealing with the enquirer. God knows what else is in that secret email account, maybe bigfoot sightings and UFO stuff. But probably take one of those sensitive emails, splashed across the screen and let them go home to that.

TAPPER: So, what is the significance of Dylan Howard, the editor of the National Enquirer?

HONIG: So, he was, you know, David Pecker's right hand essentially. He was out there executing some of these agreements, finding these stories, arranging the deals and it's really important. Remember, the jury knows nothing. You have to assume the jury knows nothing.

They may vaguely be aware of some of the big names, but you have to start from square one. And you have to establish what are the key documents here? And what are the key relationships? Who reported to -- who had what kind of relationship with you? Dylan Howard is going to become an important player sort of under David Pecker.

COATES: We just heard about that -- we've heard about his very name right, in the opening statements. And suggest that the two of them Dylan and David Pecker saying, what have we done in reaction to the actual election of Donald Trump.

TAPPER: And when I asked David Pecker, he confirms that Dylan Howard ran the network of sources for the entire tabloid empire AMI. His job was to maintain and cultivate relationships with potential sources. So again, Dana Bash, not only establishing David Pecker's credibility, but also Dylan Howard.

When it came to juicy stories. The Assistant District Attorney Josh Steinglass asks, did Dylan Howard run those decisions by Pecker? Yes, he did. Pecker said. So, establishing Dylan Howard is the guy running stuff, but if it's over $10,000, or really juicy, David Pecker was involved.

BASH: It's all can you imagine that being your job --

TAPPER: No.

BASH: Nobody here can. Yeah. They're establishing the David Pecker is somebody who is the most credible when it comes to having knowledge and having the ability to carry out, not only the catch and kill but also to be involved in the quote unquote, "scheme" that the prosecution is laying out that the former president along with Michael Cohen falsified his business records.

[12:25:00]

TAPPER: So, David Pecker saying that he and Dylan Howard are no longer in contact. All this information on the left side of your screen that we're reading to you as we get it is coming from our reporters inside the courtroom, as it happens is contemporaneous as possible.

And we should remind people, Jamie Gangel, what we know of Dylan Howard and David Pecker's work when it comes to this story is, they buried stories that the prosecution is alleging were true, such as Donald Trump's relationship with Karen McDougal, such as Donald Trump's dalliance with Stormy Daniels, and pushing stories onto their cover that were flagrant lies. That were attacking Ted Cruz, attacking Ted Cruz's dad, attacking Hillary Clinton. Anybody that Donald Trump perceived as an opponent.

GANGEL: Right. So, Dana earlier talked about a transactional relationship. I think you have to go one beyond that. Donald Trump wasn't paying them to do that. They were friends. He wanted to do it. He wanted. David Pecker wanted Donald Trump to get elected. And Trump gave him -- allegedly gave him dirt.

TAPPER: The judge is now excusing the jury as we approach 12:30. As we covered earlier, one of the alternates has -- one of the alternate jurors has a dentist's appointment. So, the jury is going to adjourn early today. I'm sorry to interrupt.

GANGEL: No. I just think that it's important to know that David Pecker and Donald Trump were friends. He wanted Donald Trump to become President. Donald Trump, when he gets in the White House invites him.

TAPPER: You given him a year's worth of headlines. They've had a long- term some calculation job (Ph).

GANGEL: No question. But at this point, it is October. It is two weeks before the election. I do not think we can minimize or forget what that Access Hollywood tape was like.

TAPPER: Judge Merchan telling the jury to return at 11 a.m. east coast time tomorrow. Instructs them the court will go until 2 p.m. eastern time tomorrow. So, three hours of court tomorrow.

GANGEL: Last point, they don't talk anymore.

TAPPER: But Dylan Howard and David Pecker don't talk.

GANGEL: And David Pecker and Donald Trump don't.

TAPPER: None of them talk. None of them talk.

COATES: Don't forget tomorrow as well, as part of this hearing is the gag order moment. As we're talking about the gag order and the allegations by the D.A.'s office that Trump has violated at least seven times this gag order. So, we'll probably have at some point tomorrow that hearing as well as after two or before 11, I'm not sure.

TAPPER: All right. Anderson?

COOPER: Jake, thanks very much. Back here in New York with Paula Reid and Kaitlan Collins. So, the court is done for the day. Tomorrow at 11 it restarts. What do you think stands out? Obviously, David Pecker was not on the stand long enough to really say anything significant.

REID: Yeah. That was pretty light witness to start things off with right, learning about the process with the National Enquirer, got a few giggles right for some of the questions that they asked him. But overall, it was very much what we expected and what we laid out. But you can see the tension increasing between the prosecution and the defense.

I think that is something that is going to be on display throughout this trial. We already saw it. As our colleagues pointed out, it's unusual to object during someone's opening statement. We said that multiple times. And I think that is only going to escalate over the course of this trial.

COLLINS: But also what they were trying to do in this moment is establish what David Pecker did the National Enquirer, how the National Enquirer worked, which he made very clear. He called it checkbook journalism that they paid for stories.

And as Trump's team was arguing in their opening statements, they were saying that, you know, these kind of catch and kill processes are normal where people pay for stories and no publish them. That's not normal. And that is not what most journalists do just for everyone.

COOPER: We should just point out David Pecker is stepping down from the jury box. He smiled and he said hi to Trump's table as he walked past. The first acknowledgment between the two that we know -- though we don't know.

COLLINS: It's just remarkable. They don't speak anymore. They have known each other for decades. And he did a lot of effort, a lot of work on Trump's behalf to help him get into the White House using the platform of the National Enquirer. And now it has completely turned. Its head on both of them. And now he's a witness in this case, and Donald Trump is seated at the defense table.

But what they're trying -- what the prosecution was clearly trying to do was establish David Pecker's role what he did -- what the editor in chief at the National Enquirer did. What Dylan Howard -- you'll hear his name come up. And essentially how they would go and get these stories and pay for that.

And David Pecker said he was personally involved in any story that cost them more than $10,000, which we know all three of these stories are at the heart of the Trump case, all qualified.

COOPER: You know, I'm sure he will probably be asked this on the stand tomorrow. But what was in it for David Pecker? I mean, why had this meeting at Trump Tower? I assume it's -- they have been friends, quote unquote, friends for a long time -- transactional friends. They each get something out of it. And here's somebody who may become president and David Pecker likes the idea of being friends with somebody who is the president United States and being able to somehow benefit from that.

REID: Yeah. Mutually beneficial business relationship for many, many years. But then if you've read profiles of David Pecker, it does appear that he really considered Trump a friend and admired him in many ways.

[12:30:00]