Adult film actor Stormy Daniels took the witness stand at Donald Trump's New York criminal trial Tuesday, testifying under oath about the sexual encounter she says she had with him in 2006 and the $130,000 deal for her silence that was struck during the closing days of the 2016 presidential campaign.
In a remarkable day of testimony with the former president sitting roughly 10 feet away from her, Daniels recounted the tryst in detail. She also talked about Trump's supposed efforts to get her on his TV show and her decision to come forward with her story, as well as the payoff and the fallout from doing so.
During cross-examination, which at times became heated, Daniels tangled with one of Trump’s attorneys, Susan Necheles, who accused her of making up a series of false claims to "extort" Trump, then a presidential candidate.
Trump’s lawyers also argued that some of Daniels’ account of the 2006 encounter “was unduly and inappropriately prejudicial.” They then requested a mistrial.
Trump lawyer Todd Blanche told the judge that Daniels’ unfair claims included her testimony that Trump didn’t use a condom and that she thinks she “blacked out” for a part of it.
“There’s no way to unring the bell, in our view,” Blanche said during a dramatic exchange with prosecutors.
Judge Juan Merchan shot down the mistrial motion but acknowledged that "there were things that would have been better left unsaid,” adding that he would strike some of Daniels' testimony from the record.
Court isn’t in session Wednesday. Cross-examination of Daniels will resume Thursday morning.
Trump is headed to Florida on Tuesday evening, with plans to spend Wednesday at Mar-a-Lago, campaign national press secretary Karoline Leavitt said.
Daniels testified that she first met Trump at a celebrity golf tournament in Lake Tahoe, Nevada, in July 2006. Describing their first meeting as a "very brief encounter" on a golf course, Daniels said she was 27 and remembered Trump being as old as her father — around 60.
The jury — which appeared focused intently on Daniels and her testimony — was shown a picture of them together from that trip.
Daniels said that they later ran into each other at the club and that a man she later learned was Trump's bodyguard told her Trump wanted to have dinner with her. She said she replied, "No, with an expletive in front."
She did, however, get the bodyguard's number, and she said that later that day her publicist convinced her she should accept the invitation, telling her: “It’ll make a great story. He’s a business guy. Like, what could possibly go wrong?”
She said she went up to Trump's penthouse hotel suite and was told they'd be going to dinner at one of the restaurants downstairs. When she entered the room, which she described as "three times the size of my apartment," he was wearing "silk or satin" pajamas, she said. She said she quipped, “Does Hugh Hefner know you stole his pajamas?” and asked him to change, which he did.
They then sat at a dining table in the suite, where, she said, Trump asked her numerous questions about her adult film writing and directing. He then asked her about sexually transmitted diseases, and she said she was tested constantly and "I've never had a bad test."
She said that she grew frustrated with him because he kept cutting off her answers and that when he pulled out a magazine with him on the cover, she said, "Someone should spank you with that." She said she then rolled it up and "swatted" him with it. While jurors mostly appeared poker-faced through her testimony, one began rubbing her face and appeared to be holding back laughter.
After that, she said, Trump was "much more polite" and suggested she should come on his TV show, "The Apprentice." Daniels testified that "he said, 'You remind me of my daughter,'" and that appearing on the show would demonstrate she shouldn't be underestimated.
In all, they chatted for about two hours, Daniels said. She said that she went to the bathroom and that when she walked out, Trump was lying on the bed "in boxer shorts and T-shirt." She said she was "startled, like a jump scare. Wasn’t expecting someone to be there, especially minus a lot of clothing.”
She said Trump told her, "I thought you were serious about what you wanted." She said she felt "there was an imbalance of power, for sure. He was bigger and blocking the way, but I was not threatened either verbally or physically.” Asked in court whether she ended up having sex with him on the bed, she said, "Yes."
She described the sex as brief and said Trump told her “it was great. Let’s get together again, honey bunch.” She said he hadn’t used a condom and hadn't expressed any concern about his wife’s finding out what had happened. She said he also didn’t give her his phone number.
Trump's bodyguard reached out to her the next day to invite her to meet Trump at a bar in her hotel, she said. When she got there, she said, he was with then-Pittsburgh Steelers quarterback Ben Roethlisberger. Trump left about 10 minutes later but continued to call her well after the encounter, she said, "with an update — or a non-update if he didn’t have one — for ‘Apprentice.’”
"He always called me honey bunch," she said.
She said they saw each other again in January 2007, when he invited her to the launch of his Trump vodka brand. While she was there, she said, he introduced her to his friend "Karen," who she later learned was Karen McDougal, a former Playboy model who said she was having a monthslong affair with Trump during that period. Former National Enquirer publisher David Pecker testified earlier in the trial that he paid McDougal $150,000 to keep her quiet about the claim during the 2016 presidential campaign. Trump has denied both Daniels' and McDougal's claims.
Daniels said Trump also invited her to Trump Tower around that time and assured her, "I'm still working on the ‘Apprentice’ thing."
She said they last saw each other in the summer of 2007, when he invited her to see him at a bungalow he was staying at in Los Angeles. She said that he "kept trying to make sexual advances" but that she shot him down. "I told him I was on my period," she said. He said he later called her and told her he hadn't been able to get her on his show.
Payments made to Daniels by Trump's then-lawyer Michael Cohen at the end of the 2016 campaign are at the heart of the case, the first criminal trial of a former president. Cohen paid Daniels $130,000 in return for her keeping quiet about her claims of a sexual encounter with Trump.
Daniels said Tuesday that Gina Rodriguez, her manager, spoke to her about going public with her story for money in 2015 after Trump announced he was running for president. Rodriguez didn’t have much success shopping the story until after the release in October 2016 of the "Access Hollywood" tape, in which Trump was recorded in 2005 bragging that he could grope women without their consent.
She said that Rodriguez then told her that Trump and Cohen were "interested in paying" for the story and that she agreed, because it meant the story — which her husband didn’t know about — wouldn’t become public. "I didn't care about the amounts. It was just, 'Get it done,'" she said.
Prosecutors say Trump reimbursed Cohen the money in payments that were falsely described as legal expenses. They have charged him with 34 counts of falsifying business records. Trump has pleaded not guilty.
Daniels' deal with Cohen was revealed in a January 2018 story in The Wall Street Journal. Asked about the impact the story had on her life, Daniels said, "Chaos."
“My husband asking questions, my friends asking questions,” she said, with people showing up on her front lawn.
She said that Cohen started to talk about her allegations publicly but that she couldn’t because of the NDA and the $1 million penalty it included if she violated it. She said she later hired lawyer Michael Avenatti "so that I could stand up for myself."
He helped her get out of the NDA but also filed an unsuccessful defamation suit against Trump on her behalf and against her wishes, she said. Daniels lost the case and was ordered to pay Trump's legal fees. She eventually fired Avenatti, who was convicted of several crimes, including stealing from Daniels.
Daniels had vowed on Twitter, now X, never to pay the legal fees, which she acknowledged on cross-examination totaled over $660,000.
"You said, 'I will go to jail before I pay a penny'?" Necheles asked Daniels. "Correct," she responded.
Daniels also acknowledged that she hates Trump and has called him mean names online, including having referred to him as an "orange turd," but she said Trump, who has repeatedly referred to her as "horseface," made fun of her first.
Necheles also pressed Daniels about earlier accounts of her story. Daniels testified she agreed to do an interview with In Touch magazine in 2011 after it told her it was writing about the alleged encounter with Trump. Daniels said that it had agreed to pay her $15,000 for the interview but that the deal was scrapped after Cohen got the story killed. She said she was threatened weeks later by a man in a Las Vegas parking lot who told her to "leave Trump alone."
Necheles repeatedly suggested the parking lot incident was made up, which Daniels disputed. Daniels said that she was frightened by the encounter and that she stayed quiet until Trump declared his candidacy for president, at which point she gave her manager the green light to shop her story around.
“You weren’t really scared, were you?” Necheles said.
“I was terrified, but the ballgame changed,” Daniels replied, implying that by telling her story when Trump was a candidate, she felt she could ensure her safety.
“You were looking to extort money from President Trump, right?” Necheles said.
“False,” Daniels replied.
Before Daniels first took the stand, Merchan told prosecutors she could testify that she and Trump had sexual relations but that she should leave details out. Once she was on the stand, Daniels often elaborated on her claims without being asked, and Merchan repeatedly told her just to answer the questions that were posed to her.
When Blanche made his mistrial motion, Merchan also faulted the lawyers for not having spoken up during her testimony, saying he was surprised there weren't more objections.
"I think that I signaled to you and to the prosecution that we were going into way too much detail,” Merchan said.
Trump, whom Merchan has fined for repeatedly violating a gag order by attacking Daniels and Cohen, took to his social media platform before Tuesday's court proceedings to complain he had "just recently been told who the witness is today."
“This is unprecedented, no time for lawyers to prepare. No Judge has ever run a trial in such a biased and partisan way,” he wrote in a post that was taken down a short time later.
The Truth Social post went up shortly before The Associated Press first reported that Daniels was expected to testify. It's unclear when Trump and his lawyers were told she'd be testifying — prosecutors have typically not been telling them who would take the stand until the day before, citing Trump's record of witness commentary.
That Daniels would testify wasn’t a surprise, however. Trump’s legal team had argued unsuccessfully that she should be barred from taking the stand, a request Merchan rejected before the trial started. Cohen is also expected to testify.
Before Daniels, prosecutors called a longtime publishing executive to authenticate and read excerpts from some of Trump’s books.
Sally Franklin, an executive at Penguin Random House, read one from "Trump: Think Like a Billionaire" that talked about how closely Trump tracks his money — which prosecutors are likely to use to show he was well aware of what he was paying Cohen back for.
"I always sign my checks so I know where my money is going,” he said in the excerpt.
