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'Catch-and-kill' to be described to jurors as testimony resumes in hush money trial of Donald Trump

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'Catch-and-kill' to be described to jurors as testimony resumes in hush money trial of Donald Trump

NEW YORK (AP) — A longtime tabloid publisher was expected Tuesday to tell jurors about his efforts to help Donald Trump stifle unflattering stories during the 2016 campaign as testimony resumes in the historic hush money trial of the former president.

David Pecker, the former National Enquirer publisher who prosecutors say worked with Trump and Trump’s lawyer, Michael Cohen, on a so-called “catch-and-kill” strategy to buy up and then spike negative stories during the campaign, testified briefly Monday and will be back on the stand Tuesday in the Manhattan trial.

What to know about Trump’s hush money trial:

Also Tuesday, prosecutors are expected to tell a judge that Trump should be held in contempt over a series of posts on his Truth Social platform that they say violated an earlier gag order barring him from attacking witnesses in the case. Trump’s lawyers deny that he broke the order.

Pecker’s testimony followed opening statements in which prosecutors alleged that Trump had sought to illegally influence the 2016 race by preventing damaging stories about his personal life from becoming public, including by approving hush money payments to a porn actor who alleged an extramarital sexual encounter with Trump a decade earlier. Trump has denied that.

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“This was a planned, long-running conspiracy to influence the 2016 election, to help Donald Trump get elected through illegal expenditures to silence people who had something bad to say about his behavior,” prosecutor Matthew Colangelo said. “It was election fraud, pure and simple.”

Former president Donald Trump, center, awaits the start of proceedings at Manhattan criminal court, Monday, April 22, 2024, in New York. (AP Photo/Yuki Iwamura, Pool)

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A defense lawyer countered by attacking the integrity of the onetime Trump confidant who’s now the government’s star witness.

“President Trump is innocent. President Trump did not commit any crimes. The Manhattan district attorney’s office should not have brought this case,” attorney Todd Blanche said.

The opening statements offered the 12-person jury — and the voting public — radically divergent roadmaps for a case that will unfold against the backdrop of a closely contested White House race in which Trump is not only the presumptive Republican nominee but also a criminal defendant facing the prospect of a felony conviction and prison.

The case is the first criminal trial of a former American president and the first of four prosecutions of Trump to reach a jury. Befitting that history, prosecutors sought from the outset to elevate the gravity of the case, which they said was chiefly about election interference as reflected by the hush money payments to a porn actor who said she had a sexual encounter with Trump.

“The defendant, Donald Trump, orchestrated a criminal scheme to corrupt the 2016 presidential election. Then he covered up that criminal conspiracy by lying in his New York business records over and over and over again,” Colangelo said.

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Trump faces 34 felony counts of falsifying business records — a charge punishable by up to four years in prison — though it’s not clear if the judge would seek to put him behind bars. A conviction would not preclude Trump from becoming president again, but because it is a state case, he would not be able to pardon himself if found guilty. He has repeatedly denied any wrongdoing.

The case brought by Manhattan District Attorney Alvin Bragg revisits a years-old chapter from Trump’s biography when his celebrity past collided with his political ambitions and, prosecutors say, he scrambled to stifle stories that he feared could torpedo his campaign.

Republican presidential candidate and former President Donald Trump sits in the courtroom at his criminal trial at Manhattan state court in New York, Monday, April 22, 2024. (Brendan McDermid/Pool Photo via AP)

Republican presidential candidate and former President Donald Trump sits in the courtroom at his criminal trial at Manhattan state court in New York, Monday, April 22, 2024. (Brendan McDermid/Pool Photo via AP)

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The opening statements served as an introduction to the colorful cast of characters that feature prominently in that tawdry saga, including Stormy Daniels, the porn actor who says she received the hush money; Cohen, the lawyer who prosecutors say paid her; and Pecker, who prosecutors say agreed to function as the campaign’s “eyes and ears.”

In his opening statement, Colangelo outlined a comprehensive effort by Trump and allies to prevent three separate stories — two from women alleging prior sexual encounters — from surfacing during the 2016 presidential campaign. That undertaking was especially urgent following the emergence late in the race of a 2005 “Access Hollywood” recording in which Trump could be heard boasting about grabbing women sexually without their permission.

“The impact of that tape on the campaign was immediate and explosive,” Colangelo said.

Within days of the “Access Hollywood” tape becoming public, Colangelo told jurors that The National Enquirer alerted Cohen that Daniels was agitating to go public with her claims of a sexual encounter with Trump in 2006.

“At Trump’s direction, Cohen negotiated a deal to buy Ms. Daniels’ story to prevent American voters from hearing that story before Election Day,” Colangelo told jurors.

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But, the prosecutor noted, “Neither Trump nor the Trump Organization could just write a check to Cohen with a memo line that said ‘reimbursement for porn star payoff.’” So, he added, “they agreed to cook the books and make it look like the payment was actually income, payment for services rendered.”

Those alleged falsified records form the backbone of the 34-count indictment against Trump. Trump has denied having a sexual encounter with Daniels.

Blanche, the defense lawyer, sought to preemptively undermine the credibility of Cohen, who pleaded guilty to federal charges related to his role in the hush money scheme, as someone with an “obsession” with Trump who cannot be trusted. He said Trump had done nothing illegal when his company recorded the checks to Cohen as legal expenses and said it was not against the law for a candidate to try to influence an election.

Blanche challenged the notion that Trump agreed to the Daniels payout to safeguard his campaign, characterizing the transaction instead as an attempt to squelch a “sinister” effort to embarrass Trump and his loved ones.

“President Trump fought back, like he always does, and like he’s entitled to do, to protect his family, his reputation and his brand, and that is not a crime,” Blanche told jurors.

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Former president Donald Trump leaves Trump Tower on his way to Manhattan criminal court, Monday, April 22, 2024, in New York. Opening statements in Donald Trump's historic hush money trial are set to begin. Trump is accused of falsifying internal business records as part of an alleged scheme to bury stories he thought might hurt his presidential campaign in 2016. (AP Photo/Stefan Jeremiah)

Former president Donald Trump leaves Trump Tower on his way to Manhattan criminal court, Monday, April 22, 2024, in New York. (AP Photo/Stefan Jeremiah)

The efforts to suppress the stories are what’s known in the tabloid industry as “catch-and-kill” — catching a potentially damaging story by buying the rights to it and then killing it through agreements that prevent the paid person from telling the story to anyone else.

Besides the payment to Daniels, Colangelo also described arrangements to pay a former Playboy model $150,000 to suppress claims of a nearly yearlong affair with the married Trump. Colangelo said Trump “desperately did not want this information about Karen McDougal to become public because he was worried about its effect on the election.”

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He said jurors would hear a recording Cohen made in September 2016 of himself briefing Trump on the plan to buy McDougal’s story. The recording was made public in July 2018. Colangelo told jurors they will hear Trump in his own voice saying: “What do we got to pay for this? One-fifty?”

Pecker is relevant to the case because prosecutors say he met with Trump and Cohen at Trump Tower in August 2015 and agreed to help Trump’s campaign identify negative stories about him.

He described the tabloid’s use of “checkbook journalism,” a practice that entails paying a source for a story.

“I gave a number to the editors that they could not spend more than $10,000” on a story without getting his approval, he said.

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Tucker reported from Washington.

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Follow the AP’s coverage of former President Donald Trump at https://apnews.com/hub/donald-trump.

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Wheelchair curler Steve Emt’s path from drunk driver to three-time Paralympian

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Wheelchair curler Steve Emt’s path from drunk driver to three-time Paralympian

American Steve Emt competes in Sunday’s mixed doubles match against Italy, which the U.S. won.

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Anyone watching the Winter Paralympics has probably taken note of Steve Emt, who — along with Laura Dwyer — is representing Team USA in the Games’ first-ever mixed doubles event.

Their performance is one thing: The pair notched three dramatic, back-to-back wins in the round-robin tournament to reach the semifinals, marking the first time the U.S. has qualified for a medal round in wheelchair curling since the 2010 Paralympics.

After losing to Korea in the semifinals, Emt and Dwyer will face Latvia in the bronze medal match on Tuesday, in the hopes of winning the U.S. its first Paralympic medal in wheelchair curling.

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But it’s their teamwork and attitude on ice that really set them apart. Emt, in particular, has charmed the internet, with his booming baritone delivering a steady stream of encouragement to his doubles partner and demands to the granite stones they’re sliding (“curl!” “sit!”).

“I have three older siblings. I was always on the basketball court getting beat up by them, so I had to assert myself on the court, around the kitchen table, everything,” he said when asked about his deep voice this week.

Steve Emt and Laura Dwyer celebrate during a match this week.

Steve Emt and Laura Dwyer have made sure to celebrate their wins, of which there have been many throughout this wheelchair curling mixed doubles round-robin tournament.

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While Emt, 56, is competing in a new event, he’s no stranger to the sport: The 10-time national champion and three-time Paralympian is the most decorated Paralympic curler in U.S. history.

But he didn’t know what curling was until he got recruited off the street just over a decade ago.

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Emt, who is 6 feet, 5 inches tall, was enjoying a day in Cape Cod, Mass., in 2013 when a stranger with slicked-back hair approached and asked if he was local. Emt replied that he lived in Connecticut and suspiciously asked why.

“He said, ‘Well, I train with the Paralympic rowing team here in the Cape. I saw you pushing up the hill back there. With your build, I could make you an Olympian in a year,’” Emt recalled, referring to his wheelchair. “And I heard ‘Olympics,’ I’m like: Let’s go. What the hell is curling?”

After their conversation, Emt drove home and did some research, confirming that curling was not related to weightlifting, as he originally suspected.

“I went back two weeks later and I threw my first stone, and it just bit me,” he said.

Before long, Emt was making the two-and-a-half-hour drive to Massachusetts to spend the weekend training with that stranger-turned-coach, Tony Colacchio. He made the U.S. wheelchair curling team in 2014 and competed at his first world championship in 2015. Emt made his Paralympic debut in Pyeongchang in 2018, five years after that fateful encounter.

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Emt, speaking to reporters in October, said the sport of curling has changed him as a person, mellowing him out. But the existence of the sport as a competitive outlet for athletes with disabilities changed his life.

Emt had been an all-star high school athlete, an Army West Point cadet and a UConn basketball walk-on before a drunk driving incident paralyzed him from the waist down at 25 years old.

“I’m a jock … I need to compete, and I didn’t have anything going on in my life,” Emt said. “Seventeen years after my crash, I had a hole, and then [Colacchio] came along and stalked me into the sport.”

By that point, Emt had spent years working as a middle school math teacher, a high school basketball coach and a motivational speaker. The latter has been his full-time job for almost a decade, taking him to over 100 schools across the country each year. He tells those teenagers about the chance Colacchio took on him, encouraging them to “be a Tony.”

“Go sit with that kid at lunch that’s sitting alone … smile [at] somebody in a hallway, get your heads out of your phones, get your heads out of the sand,” he continued. “We’re all going through something … and a simple ‘hello’ or ‘good morning,’ it could change their day. It could change somebody’s life.”

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Why Emt now shares his story 

This is the third Paralympics for Emt, who is already eyeing Salt Lake City 20

This is the third Paralympics for Emt, who is already eyeing Salt Lake City 2034.

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Emt wasn’t always so willing to open up. For the first half a year after his 1995 crash, he told everyone a deer had run in front of his car rather than admit he had gotten behind the wheel drunk.

“I was lying to myself, I was lying to everybody around me,” he said. “I didn’t want kids to look at me in my hometown, in the state, and everyone around the country, as a drunk driver. I wanted them to look at me as a stud athlete and a great person.”

Emt had been a “stud athlete”: His talents in high school basketball, soccer and baseball made him a star in his hometown of Hebron, Conn., and earned him a spot on the basketball team at West Point.

But he dropped out two years later, after his father’s sudden death from a heart attack. He went home to Connecticut and eventually enrolled at UConn, where he walked on to its storied basketball team, joining future NBA greats like Donyell Marshall. Emt says, with a chuckle, that he had 38.7 seconds of playing time in his two years.

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Emt was wearing his Big East championship jacket the night of his 1995 accident, which he says left him for dead on the side of the highway. When he woke up from a coma a few days later, he learned he would never walk again.

And he didn’t want to tell people why, until a newspaper reporter approached him six months later wanting to tell his story — and encouraged him to be honest. He said the opportunity to “come clean” helped him accept what he’d done and forgive himself.

“That’s my label: Yeah I’m a curler, yeah I’m a speaker, yeah I’m a drunk driver,” he said. “I’m in a wheelchair because of a drunk driving crash, and I want you to know it and I want you to learn from me.”

Emt first got into motivational speaking about eight months after his accident, and has been doing it ever since. He calls it his therapy.

He says that and curling — which is about shaking hands with competitors instead of smack-talking them — has helped him slow down and appreciate the little things. Relocating to Wisconsin and the chiller pace of Midwest life has also helped. And he says he cherishes the platform that curling has given him.

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“I want people to know: ‘Hey, when you’re ready to talk, I’m here for you.’ This is what I do, from my speaking to my curling, whatever it is, there are so many opportunities to be successful again,” he said. “When you wake up and you’re told you’re never going to walk again, it’s like, what do I do now? … And I just want people to know that there are so many avenues out there, so many things to do.”

Emt, the oldest Paralympian on Team USA, originally aimed to make it to three Games. But he’s now eyeing even more, as he’d like to compete on home turf in Salt Lake City in 2034 (two Games away).

“I’m going to be like 90 years old competing at the Paralympics,” he laughed.

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Map: 2.3-Magnitude Earthquake Reported North of New York City

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Map: 2.3-Magnitude Earthquake Reported North of New York City

Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown.  All times on the map are Eastern. The New York Times

A minor, 2.3-magnitude earthquake struck about 12 miles north of New York City on Tuesday, according to the United States Geological Survey.

The temblor happened at 10:17 a.m. Eastern in Sleepy Hollow, N.Y., data from the agency shows.

The Westchester County emergency services department said in a statement that it had not received any reports of damage.

As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.

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Source: United States Geological Survey | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Eastern. Shake data is as of Tuesday, March 10 at 10:30 a.m. Eastern. Aftershocks data is as of Tuesday, March 10 at 2:18 p.m. Eastern.

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Ed Martin, outspoken Justice Department lawyer, is formally accused of ethical violations | CNN Politics

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Ed Martin, outspoken Justice Department lawyer, is formally accused of ethical violations | CNN Politics

Ed Martin, an outspoken Trump administration official, is facing attorney discipline proceedings in Washington, DC, for a letter he sent to Georgetown Law about its diversity programs, the district’s professional conduct investigator announced on Tuesday.

Martin is formally accused of violating his ethical codes as an attorney for telling Georgetown Law’s dean last year that his Justice Department office wouldn’t hire students because of the school’s diversity, inclusion and equity initiatives programs, according to the filing from Hamilton Fox, the disciplinary counsel for DC who acts as a quasi-prosecutor on attorney discipline matters.

Unlike unsolicited complaints, Fox’s formal disciplinary complaint kicks off professional conduct proceedings for Martin in which he will need to respond and could be sanctioned or ultimately lose his law license.

Fox’s announcement on Tuesday marks the first major bar discipline proceeding against a high-profile administration official or attorney supporting President Donald Trump during Trump’s second term. Several Trump lawyers faced disciplinary proceedings after the efforts to overturn Joe Biden’s victory in the 2020 presidential election, including Rudy Giuliani, who lost his law license.

“Acting in his official capacity and speaking on behalf of the government, he used coercion to punish or suppress a disfavored viewpoint, the teaching and promotion of ‘DEI,’” Fox wrote in the complaint. “He demanded that Georgetown Law relinquish its free speech and religious rights in order to continue to obtain a benefit, employment opportunities for its students.”

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Martin was removed from the top prosecutor job in DC after senators made clear he would not be confirmed to the role, but has remained at the Justice Department in several roles, including as pardon attorney.

“Mr. Martin knew or should have known that, as a government official, his conduct violated the First and Fifth Amendments to the Constitution of the United States,” Fox wrote.

Martin is being represented by a Justice Department attorney, a source told CNN.

A spokesperson for DOJ attacked Fox’s complaint. “The DC bar’s attempt to target and punish those serving President Trump while refusing to investigate or act against actual ethical violations that were committed by Biden and Obama administration attorneys is a clear indication of this partisan organization’s agenda,” DOJ said.

Martin had sent the letter to Georgetown Law while serving temporarily as US attorney for DC, a prominent Justice Department position, and told the school his federal prosecutors’ office wouldn’t hire Georgetown’s law school students. It came at a time when the Trump administration was beginning to crack down on universities for their DEI efforts.

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In his letter, Martin claimed a whistleblower told him that the school was teaching and promoting DEI.

Martin also violated attorney ethics rules by contacting judges of the DC court directly, Fox alleged, rather than going through official channels, once he was informed he was under investigation for his professional conduct. The DC Court of Appeals ultimately signs off on attorney discipline findings.

Early last year, Fox’s office had formally asked Martin to respond to a complaint it received by a retired judge regarding the Georgetown letter.

Martin instead wrote to the judges on the DC court complaining about Fox.

“In that letter, he stated that he would not be responding to Disciplinary Counsel’s inquiry, complained about Disciplinary Counsel’s ‘uneven behavior,’ and requested a ‘face-to-face meeting with all of you to discuss this matter and find a way forward,’” Fox wrote.

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“He copied the White House Counsel ‘for informational purposes because of the importance of getting this issue addressed,’” Fox said.

The top judge in the DC courts told Martin the court wouldn’t meet with him about the disciplinary matter and that he would need to follow procedure.

With Fox’s complaint, there will now be several steps ahead of bar discipline authorities looking at Martin’s action, and Fox didn’t specify how Martin should be reprimanded or punished if the discipline boards and the court ultimately determine he violated his ethical codes.

Spokespeople for the Justice Department didn’t immediately respond to requests for comment on Tuesday morning.

In recent days, Attorney General Pam Bondi announced her office would have a more powerful role in reviewing attorney discipline complaints against Justice Department attorneys, potentially setting up an approach that could keep the department at odds with the bar on behalf of DOJ attorneys facing their own individual disciplinary proceedings.

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CNN’s Paula Reid contributed to this report.

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