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Why Arnold Schwarzenegger’s 2003 tabloid deal came up at Trump’s hush-money trial

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Why Arnold Schwarzenegger’s 2003 tabloid deal came up at Trump’s hush-money trial

Former California Gov. Arnold Schwarzenegger’s past personal foibles reemerged in the trial of former President Trump over allegations of a hush-money payment to a porn star in an attempt to cover up their sexual relationship.

Former National Enquirer Publisher David Pecker testified Thursday that he was reluctant to pay off a Playboy model who claimed to have an extramarital affair with Trump because of his experience with Schwarzenegger during his 2003 gubernatorial campaign.

“A number of women called” the tabloid with allegations about trysts with Schwarzenegger, Pecker said, adding that before the bodybuilder-turned-movie star’s gubernatorial bid, he had established an agreement with Schwarzenegger that “I would call him and advise him of any stories that were out there, and I ended up buying them for a period of time.”

Pecker made the remarks as he testified about suppressing stories about Trump’s relationships with Playboy model Karen McDougal and adult film actor Stormy Daniels. The trial centers on a $130,000 payment to Daniels to not disclose an alleged 2006 encounter with Trump, 77. He has denied having affairs with both women.

‘Catch and Kill’

The case centers on “catch and kill,” a strategy by tabloids such as the Enquirer to obtain the rights to a story and then bury it.

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Pecker testified that 30 to 40 women approached his company after Schwarzenegger announced his gubernatorial bid in 2003 about alleged sexual relationships with or harassment by the actor, and said he spent “hundreds of thousands of dollars” to obtain the rights for the women’s stories.

The Times reported in 2005 that days after Schwarzenegger entered the race, the publisher of the Enquirer pledged to pay a woman $20,000 to sign a confidentiality agreement about an alleged affair with the action movie star and signed a $1,000 contract with one of her friends.

Governor as magazine editor

In the leadup to the election, The Times reported that more than a dozen women had accused Schwarzenegger of groping them, and after he left office, the paper reported that he had fathered a child with a member of his household staff while married to Kennedy heir and former journalist Maria Shriver.

Months after Schwarzenegger was elected governor, Pecker announced that the former Mr. Universe would serve as executive editor of Muscle & Fitness and FLEX magazines, roles that The Times reported he would be paid millions of dollars to helm.

Schwarzenegger ended the deal in 2005 after it was reported by The Times and the Sacramento Bee, according to The Times’ report.

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Representatives of the former governor did not respond to requests for comment on Thursday.

A caustic relationship

Questioning by Trump attorney Emil Bove on Thursday prompted Pecker to describe his arrangement with Schwarzenegger, and his ensuing qualms about dealings with Trump because of how such deals comport with campaign finance laws.

The former president has had a caustic relationship with Schwarzenegger, who replaced Trump as the host of the reality television competition “Celebrity Apprentice” and has spoken out against his fellow Republican.

Since leaving office in 2011, Schwarzenegger has restarted his Hollywood career while focusing his political efforts on fighting climate change and gerrymandering. After the Jan. 6 insurrection at the U.S. Capitol, he notably spoke out about his personal experiences as a child in Austria after World War II.

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House Vote Count: How Speaker Mike Johnson Survived Motion on Ousting

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House Vote Count: How Speaker Mike Johnson Survived Motion on Ousting

Wednesday’s vote to block the motion

Answer Democrats Republicans Total Bar chart of total votes
0 0 0
0 0 0

Source: Office of the Clerk, U.S. House of Representatives

Republicans and Democrats banded together Wednesday, voting “yes” to block a motion introduced by Representative Marjorie Taylor Greene, a right-wing Republican from Georgia, that sought to remove Mike Johnson as speaker of the House.

Eleven Republicans and 32 Democrats voted against blocking the measure. Seven Democrats voted “present,” declining to register a position.

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How Every Member Voted

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Undercover operation nets arrests as New Mexico's top prosecutor blames Meta for online predators

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Undercover operation nets arrests as New Mexico's top prosecutor blames Meta for online predators

New Mexico’s top prosecutor announced charges Wednesday against three men who are accused of using Meta’s social media platforms to target and solicit sex with underage children.

The arrests are the result of a monthslong undercover operation in which the suspects connected with decoy accounts that were set up by the state Department of Justice. The investigation began in December around the time the state filed a civil lawsuit against the social media giant, claiming Meta was failing to take basic precautionary measures to ensure children were safe on its platforms.

NEW MEXICO’S TOP PROSECUTOR WANTS TO SET UP A CIVIL RIGHTS DIVISION TO HELP CHILDREN IN STATE CUSTODY

New Mexico Attorney General Raúl Torrez said during a news conference Wednesday that the suspects communicated and exchanged explicit sexual content through Facebook’s messenger app and were clear in expressing a sexual interest in children.

“It’s extraordinarily concerning to us just how easily these individuals found the undercover personas that were created,” Torrez said. “And it is, frankly, I think a wakeup call for all of us to understand just how serious these kinds of threats are.”

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He placed blame on Meta executives, including CEO Mark Zuckerberg, and suggested that the company was putting profits above the interests of parents and children.

New Mexico’s top prosecutor has announced charges against three men who are accused of using Meta’s social media platforms to target and solicit sex with underage children.

“For those of us who are engaged in this work, we are simply tired of the rhetoric,” he said. “We are tired of the assurances that have been given to members of our communities, to members of Congress, to policymakers that all reasonable steps have been taken to ensure that this type of behavior doesn’t occur.”

Meta disputed the allegations and reiterated Wednesday that it uses technology to prevent suspicious adults from finding or interacting with children and teens on its apps and that it works with law enforcement in investigating and prosecuting offenders.

The company also said it has hired child safety experts, reports content to the National Center for Missing and Exploited Children and shares information and tools with others to help root out predators.

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“This is an ongoing fight, where determined criminals evolve their tactics across platforms to try and evade protections,” Meta said in an emailed statement.

While the state attorney general’s office will continue working to identify predators who are targeting children, Torrez said it’s too early to say whether that work will have a bearing on the civil litigation.

As part of that lawsuit, New Mexico prosecutors say they have uncovered internal documents in which Meta employees estimate about 100,000 children every day are subjected to sexual harassment on the company’s platforms.

The three defendants in the criminal case were identified as Fernando Clyde, Marlon Kellywood and Christopher Reynolds. Prosecutors are seeking to detain them pending trial on charges that include child solicitation by an electronic communication device.

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Hearings have yet to be scheduled, and court records did not list attorneys who could speak on behalf of Clyde and Kellywood. A message was left with the public defender’s office, which is representing Reynolds.

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Column: Did Stormy Daniels' testimony help or hurt the case against Trump? It's complicated

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Column: Did Stormy Daniels' testimony help or hurt the case against Trump? It's complicated

When Manhattan Assistant Dist. Atty. Susan Hoffinger announced on Tuesday, the 13th day of Donald Trump’s hush-money trial, that “the people call Stormy Daniels,” there was a perceptible tremor of anticipation among the jurors. Although the 34 criminal offenses charged against Trump are legally peripheral to his interactions with the adult-film star, Daniels is central to the drama the prosecution has been framing for the jury.

The seven men and five women tasked with determining the former president’s guilt had been hearing from multiple vantage points about the woman whose allegation of a 2006 sexual encounter with Trump had triggered an existential crisis in his campaign. Daniels was the moving force behind the whole tawdry payout that purportedly necessitated the elaborate document doctoring that is the subject of the New York indictment.

So the jury took obvious notice and listened intently to her story. It’s at once a sort of classic American tale of a rise to success from hardscrabble beginnings and a, well, exotic narrative from a world that is presumably foreign to the jury, one of not only adult films but also celebrity golf tournaments, famous athletes and cavernous hotel suites.

Daniels’ presentation reflected these conflicting forces. She came across on the one hand as intelligent, worldly and proud of her accomplishments. But she also told of stumbling half-aware into sex with a powerful older man whom she found repulsive in many ways, leaving her confused and stupefied.

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She also spoke very quickly, perhaps betraying nervousness, and her answers often wandered well outside what the questions called for. That more than once caused Judge Juan M. Merchan to respond with evident pique, at one point interjecting (and sustaining) his own objection. Like most good trial judges, Merchan seems to command respect from the jurors, so his remonstrations are likely to affect their view of the witness.

Merchan had attempted to establish guardrails to prevent testimony about essentially gratuitous details that are far afield from the criminal charges and could prejudice the jury against Trump. And sure enough, after the prosecutor’s direct examination of Daniels, the defense moved for a mistrial, citing her account of such icky particulars as Trump’s failure to wear a condom.

Even more than the prurient particulars, Daniels’ testimony posed a problem by suggesting her alleged encounter with Trump was in some sense coercive. Although she testified repeatedly that she was not forced to have sex with the defendant, she also noted his greater physical size, the unbalanced power dynamic between them and her care to keep their subsequent encounters public.

Merchan denied the motion for a mistrial while noting that Daniels was in some ways a difficult witness to control. You can be sure that the issue will come up on appeal should Trump be convicted.

At the same time, Daniels’ cross-examination by Trump lawyer Susan Necheles had its own problems and may have increased the jury’s sympathy for the witness. Necheles continually accused Daniels of being a liar and a gold digger. The questions occasionally got a rise out of Daniels, but more frequently she swatted them away with a flat “false” or “no.” That, along with frequent sidebars between the judge and attorneys, disrupted the rhythm of the exchange, which lacked the crisp control and momentum of an effective cross-examination.

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Daniels’ testimony therefore holds potential risks and rewards for both parties, and it’s not easy to calculate how it will play on balance.

From the vantage point of the prosecution, the legal essentials of the hush money payment and alleged fabrication of documents don’t turn on whether the jury believes Daniels. Indeed, a number of analysts suggested the district attorney would have been better off not calling her at all.

What that analysis overlooks, however, is the jury’s natural desire to take the measure of the woman who propelled the crisis and about whom they had heard so much. Not calling her risked leaving them wondering what the prosecution was hiding.

On the other hand, if a good portion of the jury didn’t like Daniels or, worse, didn’t believe her, that could negatively influence their deliberations.

From Trump’s vantage point, the risks are keener. That is in large part because his vanity and arrogance have forced his lawyers to commit to an unnecessary insistence that he never had sex with Daniels. Consequently, if the jury credits the basics of her story, it discredits Trump.

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And it’s very hard to see how the jury could adopt Trump’s absolutist account, including his claim that he met Daniels only once at a celebrity golf tournament. For starters, the evidence that they met several times thereafter is basically undisputed.

The next trial day, Thursday, will begin with the balance of the cross-examination followed by the government’s redirect. Both sides will have studied the transcripts and adjusted their approaches. Yet it’s likely that the 12 most important people in the courtroom have formed their fundamental impressions of the witness. More than with any other witness in this trial to date, the nature and import of those impressions are unpredictable.

That being said, her overall story was credible and, moreover, corroborated by other witnesses in most if not all of its important details. Having watched the jury carefully from my seat in the courtroom Tuesday, I think Daniels did what she needed to do.

Harry Litman is the host of the “Talking Feds” podcast and the Talking San Diego speaker series. @harrylitman

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