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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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ICC issues arrest warrant for Israeli PM Benjamin Netanyahu

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ICC issues arrest warrant for Israeli PM Benjamin Netanyahu

The International Criminal Court has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant “for crimes against humanity and war crimes”.

The move is a dramatic escalation of legal proceedings over Israel’s offensive in Gaza, and marks the first time that the court, which was set up in 2002, has issued a warrant for a western-backed leader.

It means that the ICC’s 124 member states — which include most European and Latin American countries and many in Africa and Asia — would be obliged to arrest Netanyahu and Gallant if they entered their territory. But the court has no means of enforcing the warrants if they do not.

The warrants, however, will reinforce the sense that Israel has become increasingly isolated internationally over the conduct of its war against Hamas in the besieged Gaza strip.

Announcing the decision on Thursday, the court said there were “reasonable grounds” to believe that Netanyahu and Gallant bear criminal responsibility for “the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts”.

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It said there were reasonable grounds to believe the pair bear criminal responsibility “for the war crime of intentionally directing an attack against the civilian population”, and had “intentionally and knowingly deprived” Gaza’s civilians of food, water, medical supplies, fuel and electricity.

The court said it had unanimously decided to reject Israel’s appeal against the ICC’s jurisdiction. Neither Israel nor its largest ally the US are members of the court.

The Israeli prime minister’s office branded the warrants “antisemitic” and said Israel “rejects with disgust the absurd and false actions and charges against it”, calling the ICC “a biased and discriminatory political body”.

“No anti-Israel resolution will prevent the state of Israel from protecting its citizens,” it said. “Prime Minister Benjamin Netanyahu will not give in to pressure, will not flinch and will not retreat until all the war goals set by Israel . . . are achieved.”

Palestinian officials welcomed the ICC’s announcement. Husam Zomlot, Palestinian ambassador to the UK, said the warrants were “not only a step towards accountability and justice in Palestine but also a step to restore the credibility of the rules-based international order”. Hamas called on the court to expand the warrants to other Israeli officials.

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Yoav Gallant at an observation post overseeing southern Lebanon last month © Ariel Hermoni/GPO/dpa
Mohammed Deif
The ICC has also issued an arrest warrant for Mohammed Deif, who Israel in August said it had killed © Israel Defense Forces

The ICC also issued an arrest warrant for Hamas leader Mohammed Deif for crimes against humanity and war crimes over the militant group’s October 7 2023 attack on Israel that triggered the war in Gaza. Israel said in August it had killed Deif in an air strike in Gaza a month earlier.

In the US, figures from both the Biden White House and incoming Republican administration condemned the warrants. The White House said it “fundamentally rejects” the ICC’s decision.

“We remain deeply concerned by the prosecutor’s rush to seek arrest warrants and the troubling process errors that led to this decision,” said the US National Security Council.

Mike Waltz, who will serve as national security adviser when Donald Trump’s administration takes office next year, said the ICC had “no credibility”. “You can expect a strong response to the antisemitic bias of the ICC and UN come January,” he wrote on X.

Senator Lindsey Graham, a close Trump ally, called for fresh sanctions against the court. Trump’s previous administration imposed sanctions on top ICC officials, including then-prosecutor Fatou Bensouda, over its probe into allegations of war crimes in Afghanistan. The Biden administration later lifted them.

“The court is a dangerous joke. It is now time for the US Senate to act and sanction this irresponsible body,” Graham said.

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Republicans will control all three branches of government next year, raising the likelihood that the US will bring in new sanctions against the ICC.

However, the EU’s top diplomat, Josep Borrell, said the warrants were not political, and that the court’s decision should be respected and implemented.

The Dutch foreign minister, Caspar Veldkamp, said the Netherlands “will act on the arrest warrants”, but other European countries struck a more equivocal line.

A spokesperson for UK Prime Minister Keir Starmer said “we respect the independence of the International Criminal Court” and added: “There is no moral equivalence between Israel, a democracy, and Hamas and Lebanese Hizbollah, which are terrorist organisations.”

ICC prosecutor Karim Khan originally sought the warrants in May for Netanyahu, Gallant, Deif and two other Hamas leaders, Yahya Sinwar and Ismail Haniyeh, both of whom Israel has since killed.

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The ICC’s move comes as Israel faces intense criticism over the toll of its offensive in Gaza.

The hostilities began when Hamas militants stormed into Israel in October 2023, rampaging through communities, killing 1,200 people, according to Israeli officials, and taking another 250 hostage.

In response, Israel launched a ferocious assault on Gaza, with Gallant announcing a “complete siege” of the strip. Israel’s offensive has killed almost 44,000 people, according to Palestinian officials, displaced 1.9mn of the enclave’s 2.3mn inhabitants and reduced most of it to rubble.

The UN and aid agencies have criticised Israel for restricting the delivery of aid, while warning of the threat of famine and disease.

The fighting has also triggered legal proceedings at the International Court of Justice, which deals with cases against countries.

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That court, the highest in the UN system, is hearing a case brought by South Africa accusing Israel of genocide against the Palestinians in Gaza, which Israel has vehemently denied.

Additional reporting by Anna Gross

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This year's FAFSA is officially open. Early review says it's 'a piece of cake'

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This year's FAFSA is officially open. Early review says it's 'a piece of cake'

After weeks of testing the application, the U.S. Department of Education released this cycle’s FAFSA form on Thursday.

Seth Wenig/AP


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Seth Wenig/AP

The Free Application for Federal Student Aid (FAFSA) is now open to all students and families hoping to get help paying for college in the 2025-26 school year.

After weeks of testing the online form, the U.S. Department of Education released the official application at studentaid.gov on Thursday. The form may not look new, but it’s certainly improved compared to last year’s version.

“It’s a piece of cake, honestly,” says Christina Martinez, a financial aid advisor at California State University, Los Angeles. She has been helping students fill out the form during the testing period, and says, “It’s been going very smoothly.”

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That’s completely different from what students experienced during the last FAFSA cycle:

After a congressionally mandated overhaul intended to simplify the form, the FAFSA was significantly delayed and the rollout was plagued with problems. As a result, many students had to wait months longer than usual to learn what college would cost them and where they could afford to enroll, forcing many to delay their decisions. There’s concern some students decided to put off college altogether. A recent report from the U.S. Government Accountability Office (GAO) found that problems with the last FAFSA “contributed to about 9 percent fewer high school seniors and other first time applicants submitting a FAFSA, with the largest declines among lower-income students.”

MorraLee Keller, of the college access nonprofit National College Attainment Network (NCAN), says this year’s form looks almost identical to the one from last year, but the user experience is significantly improved.

“We really have to spread a very positive message that there’s been a lot of work put into this system for 2025-26 to make it a whole different experience than last year. So everyone needs to give the system a chance.”

What the Education Department is doing differently this time

Filling out the FAFSA is the only way college students can access financial aid from the federal government and be considered for grants, loans and some scholarships. Every year, more than 17 million students fill out the application.

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Typically, the form becomes available to all students on Oct. 1. But this year, that’s when the department began testing the form with a limited number of students and institutions. FAFSA Executive Advisor Jeremy Singer said in an August press release that the testing period was intended “to uncover and fix issues with the FAFSA form before the form is available to millions of students and their families.”

During the last FAFSA cycle, in addition to glitches in the form, students also struggled to reach FAFSA’s call center for help. According to the GAO, “nearly three quarters of all calls to the call center” went unanswered in the first five months of the rollout. This time around, the Department of Education has increased call center staffing – by nearly 80% since January – and plans to extend the center’s hours of operation.

“So far, the call center is doing very well,” U.S. Under Secretary of Education James Kvaal told NPR. “At the volume we’re at now, people are getting their calls answered very, very quickly.”

He warns there may be times when higher call volumes lead to wait times, but he’s confident it will be a smoother experience overall.

Beth Maglione, CEO and interim president of the National Association of Student Financial Aid Administrators (NASFAA), says she has been keenly monitoring the department’s testing process, and is pleased with what she’s seen.

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“Federal leaders have sort of listened and taken to heart the lessons learned from last year’s troublesome rollout and have used those lessons to chart a more stable path forward.”

So far, a less painful process

Low-income students and students whose parent or spouse does not have a Social Security number (SSN) – which the GAO refers to as “mixed-status families” – suffered most from the previous FAFSA’s troubled rollout. One challenge for mixed-status families was a glitch that blocked anyone without an SSN from filling out the form.

Kvaal says, throughout the beta testing period, “We made a number of changes to make the process easier for parents and spouses who don’t have Social Security numbers. Those people are able to get through now, and that was not always possible six or eight months ago.”

At Cal State LA, where Christina Martinez works, the majority of students are low-income, and many come from mixed-status families. She says most of her students encountered problems with the form last year, but this year is a different story.

Martinez says the form has more instructive language that helps students avoid mistakes. On average, she says it’s taking students about 20 minutes to finish the form, although FAFSA’s website suggests allotting about an hour. (The website also includes a checklist for how to prepare for the application.)

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Keller, of NCAN, says while she’s thrilled about the improvements, she’s waiting to see how the new FAFSA system will respond to an increased volume of applications now that the form is officially out of beta testing and open to all families.

Keller has one piece of advice for students and families, which Martinez and Maglione echoed: Fill out your FAFSA as soon as possible.

“Let’s not wait. Jump in. Do your FAFSA as quickly as you can,” Keller says. “Hopefully students being able to start their FAFSA in mid-November is going to result in things like earlier award letters, more time to make decisions, better decisions.”

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Read the Verdict in the Civil Case Against Amber Guyger

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Read the Verdict in the Civil Case Against Amber Guyger

Case 3:18-cv-02862-M Document 256 Filed 11/20/24
Page 3 of 7 PageID 7099
3. Question 3: Compensatory Damages
What sum of money, if any, would compensate Plaintiffs for injuries they suffered as a result of
Defendant’s conduct?
Claims of Estate of Botham Jean
(a) Mental anguish experienced by Botham Jean
between the time he was shot and his death:
$
2,000,000
(b) Loss of net future earnings by Botham Jean:
$
5,500,000
(c) Loss of Botham Jean’s capacity to enjoy life:
2,750,000
Claims of Allison and Bertrum Jean
(a) The value of the loss of companionship and society
sustained from September 6, 2018, to today
to Allison Jean:
(b) The value of the loss of companionship and society
that, in reasonable probability, will be sustained from
today forward
to Allison Jean:
(c) The value of the mental anguish sustained from
September 6, 2018, to today
500,000
2,000,000
to Allison Jean:
(d) The value of the mental anguish that, in reasonable
probability, will be sustained from today forward
to Allison Jean:
3
$
6,000,000
5,700,000

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