Transcript of Trump Manhattan Trial, May 13, 2024 (2024)

Jury TrialSUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK:CRIMINAL TERMPART: 59THE PEOPLE OF THE STATE OF NEW YORKIndictmentNo. 71543/20233255-against-DONALD J. TRUMP,FALSIFYING BUSINESS RECORDSFIRST DEGREEDefendant.-X100 Centre StreetNew York, NY 10013May 13, 2024BEFORE: HONORABLE JUAN M. MERCHAN, JUSTICEAPPEARANCES:For the People:ALVIN L. BRAGG, JR., ESQ.District Attorney, New York CountyBY: JOSHUA STEINGLASS, ESQ.MATTHEW COLANGELO, ESQ.SUSAN HOFFINGER, ESQ.CHRISTOPHER CONROY, ESQ.REBECCA MANGOLD, ESQ.KATHERINE ELLIS, ESQ.For the Defense:BLANCHE LAWBY: TODD BLANCHE, ESQ.EMIL BOVE, ESQ.KENDRA WHARTON, ESQ.NECHELES LAW, LLPBY:SUSAN NECHELES, ESQ.GEDALIA M. STERN, ESQ.SUSAN PEARCE-BATESPrincipal Court ReporterLAURIE EISENBERG, C.S.R.,LISA KRAMSKYTHERESA MAGNICCARISenior Court ReportersLaurie Eisenberg, CSR, RPRSenior Court ReporterR.P.R.

Proceedings32561234+1LO5678910111213141516171819202122232425THE CLERK: Calling People of the State of NewYork versus Donald J. Trump. Indictment 71543/23.Appearances, starting with the People.MR. STEINGLASS: For the People, ADAS JoshuaSteinglass, Susan Hoffinger, Matthew Colangelo, BeckyMangold, Christopher Conroy and Katherine Ellis.Good morning.MR. BLANCHE: Good morning.Todd Blanche. I'm joined by Emil Bove, SusanNecheles, Kendra Wharton, and President Donald Trumpsitting to my right.THE COURT: Good morning, everyone.Good morning, Mr. Trump.Before we get started with the first witness, isthere anything you would like to bring to my attention?MS. HOFFINGER: No, your Honor.THE COURT: I did receive the People's list ofproposed jury charges. I glanced at them. I didn't have anopportunity to really digest them.I did want to address the Separation Agreement ingeneral, the Release issue that came up late on Friday.I had the opportunity to review it.It would come in as a business record, but I'mnot going to allow it in.It seems to me that this would be used to justifyLaurie Eisenberg, CSR, RPRSenior Court Reporter

Proceedings32571234516an explanation for why somebody is not here.It doesn't prove any element of the offense. Itdoesn't move the ball in any way in satisfying your burdenof proof.So, I'm going to deny your application.Can I hold onto this one?(Mr. Steinglass nods yes.)THE COURT: If there's nothing else?Let's get the jury, please.COURT OFFICER: All rise.Jury entering.(Whereupon, the jurors and the alternate jurorsare present and properly seated.)THE CLERK: Do both parties stipulate that alljurors are present and properly seated?78910111213141516171819202122232425 MICHAELMR. STEINGLASS: Yes.MR. BLANCHE: Yes.THE COURT: Good morning, jurors.Welcome back.People, your next witness, please.MS. HOFFINGER: Thank you, your Honor.The People call Michael Cohen.COURT OFFICER:Witness entering.(Whereupon, the witness takes the witness stand.)DE AN COHEN, having first been dulyLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger325812345וס1678910sworn and/or affirmed by the court clerk, was examined andtestified as follows:COURT OFFICER: State your full name, spellingyour last name.THE WITNESS: Michael Dean Cohen. C-O-H-E-N.COURT OFFICER: Your county of residence.THE WITNESS: New York, New York.THE COURT: Good morning, Mr. Cohen.THE WITNESS: Good morning.THE COURT: You may inquire.11MS. HOFFINGER:Thank you, Judge.12DIRECT EXAMINATION13BY MS. HOFFINGER:14Good morning.15AGood morning.1617A1819A20Q21A22If I might ask, how old are you, Mr. Cohen?Fifty-seven.Are you married?I am.How long have you been married?Going on 30 years.Do you have any children?23AI do.241025AHow old are your children?My daughter is 28. My son is 25. Well, 24. He'll beLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger3259Are you testifying here today pursuant to a subpoena?Do you have an attorney here in court with you today?I do.125.2Q3AI am.45A67891011Mr. Cohen, if you could tell the jury a little aboutwhere you grew up and your childhood education.A I grew up in Lawrence, Long Island. It's part of theFive Towns in Nassau County.My father is a Holocaust survivor, who ended up emigratingto Toronto, Canada, where he went to medical school; came tothe United States in the mid-Sixties to teach head and neckreconstructive surgery; met my mom, who is a surgical nurse.Four children later, here I am.Where did you go to college?I went to the American University in Washington, D.C.What did you study in college?Law and Government.1213141516A1718A1920A21222324My grandmother wanted me to be a lawyer.25My family is comprised of doctors and lawyers. My threea lawyer.After college, what did you do?I went straight to law school.Tell the jury a little bit about why you wanted to beA Actually, I didn't want to be a lawyer.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger32601siblings are lawyers. My2obviously, my father, my uncles areeither doctors or lawyers. The lawyers are married to doctors.3I wanted to go to Wall Street.45My grandmother was like, "That's not going to happen."So, you went to law school?Did you graduate from law school?16A(Nods yes.)78AYes.What year?Were you admitted to practice law?Yes.Do you remember what year that was?91610A1991.1112A1314A1992.1516171819AYes.2021A22After law school, where did you move?A I was living at my parents' home and, ultimately,moved to Manhattan.Has New York City been your home since that time?232425Where did you start your legal career?I started over at 225 Broadway with a firm calledEstrin and Associates. It was a personal injury, medicalmalpractice, tort litigation firm.In addition to practicing law, at some point in the1990s, did you also buy part of a business in taxi medallions?Laurie Eisenberg, CSR, RPRSenior Court Reporter

1AI did.M. Cohen Direct/Hoffinger326167892345Explain why you did that.A So, one of my clients was leaving the country to moveto Israel, and it gave me the opportunity to buy 50 percentinterest in a company called Manhattan Maintenance. That was1995. And so I did.I thought it was, and it turned out to be at that time, avery good investment.Did you also invest in some real estate along the10years?11AI did.1213A14Tell us a little bit about that.I started purchasing new developments, specifically inTrump properties. My very first one, in the year 2000, was at15Trump World Tower. I also bought on 60th Street, 431--I'm16sorry. It was called Bridge Tower on 60th Street.17Ultimately, down the road, I ended up going into business181920212223with a friend of mine who had grown up with me, and we startedpurchasing buildings.Q Did there come a time when you became a partner in alaw firm called Phillips, Nizer?AYes.24A25What kind of work did you do there?I was, basically, doing business and corporate law.Did there come a time when you left Phillips, Nizer?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/HoffingerApproximately, what year was that?1AYes.23A2007.4326250Why did you leave Phillips, Nizer?A I left because I was offered an opportunity by6 Mr. Trump to come work at The Trump Organization as his SpecialCounsel.Do you see Mr. Trump in court today?Could you just indicate an article of clothing thathe's wearing, please?(Lifts up from his seat.) He's wearing a blue andwhite tie. (Takes his seat.)THE COURT: Indicating Mr. Trump.MS. HOFFINGER:789AI do.101112A131415161718192021222324had asked me――25Thank you.Tell us how you came to work for Mr. Trump at TheTrump Organization.A Initially, I was introduced to Mr. Trump by Don,Junior, as I was moving into one of his properties.I had purchased several units, and Don, Junior and TheTrump Organization was doing the construction to put the unitstogether.There was an issue over at Trump World Tower that Mr. Trumpbecause not only did I own an apartment there,but my parents did, my in-laws, my friends. We all bought asaLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger32631block, going back, again, to the year 2000.2And, there was an issue with the Board.3What we did is we ended up overtaking the Board and4resolving the issue, which was to Mr. Trump's satisfaction. He5liked the way that that occurred, and then continued to ask me6if I would assist in other issues, legal issues or other7matters that he had.8And did you perform some additional legal work for him9at that time?10AI did.1112A13WhatSome legal. Some non-legal matters.Did he pay you for that work?14ANo, ma'am.15Did there come a time where youthis was when you16were still at Phillips, Nizer?17AYes.18192021Yes.Did there come a time when you presented him with abill in connection with some work you had done in connectionwith one of his properties?A2223A2425Tell us a little bit about that.I was asked to review a series of documents that dealtwith Trump Entertainment Resorts. There was an issueQ Who was it who asked you to do that, first?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger1AMr. Trump had asked me.2Thank you.3AAgain, with Trump Entertainment Resorts.432645I reviewed it. It was quite lengthy. There was some issuesgoing on there in regard to a Chapter 11 reorganization plan.We, ultimately, ended up resolving it.And the bill was, approximately, aboutapproximately,about a hundred thousand dollars.I was then asked to meet Mr. Trump at the office, which IAnd I asked about the bill.He asked me whether or not I was happy at my "sleepy oldfirm".me?"I stated I was.Um, he said, Would you "Do you want to come work forAnd I was honored. I was taken by surprise. And I agreed.What happened--to go back for a moment to the billfor a hundred thousand dollars that you presented from PhillipNizer, your firm78910did.111213141516171819202122232425ACorrect.Awhat happened with that bill?He asked me if I wanted to get fired on the first day.If I asked about the bill.So, did the bill get paid?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger326578910And, you say he offered you a position at that point?1ANo.23A41056Yes.Tell us a little bit about your discussion about theposition that he was offering and the details of it.A So, he offered me the position of Executive VicePresident at The Trump Organization and Special Counsel toDonald J. Trump, whereby I would only answer to him, and Iwould work on issues that were of concern to him.Did you discuss at that point what your salary would11be?12AWe did.1314AIt was15Tell us a little bit about that.a little bit of a back and forth negotiation.He offered me an amount. I said, "It's probably not gonna16work." I gave him a counter. And we ended up resolving on17somewhere in the middle number.18Where did you end up--what's the number that you19sort of ended up at?20A375.21Was that your base salary, bonuses?22AThat's base salary.232425Bonus, of course, was to be discussed.So, did you decide at that point to leave your lawfirm, Phillip, Nizer, and to work for Donald Trump at The TrumpLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger32661Organization?2AI never went back, not even that day.34516He sent over some employees to my office to pack up myoffice and gave me Ivanka Trump's old office on 26, the 26thfloor.Is that near his office on the 26th floor?7AYes.8Are we talking about Trump Tower on Fifth Avenue?9AYes.10Where The Trump Organization offices were?11AYes, ma'am.1213Approximately, how many years did you end up working--at The Trump Organization as Mr. Trump's Special Counsel is14that what you said?15AYes, ma'am.16How long?17ATen years.182007 to approximately when?19AJanuary of 2017.2021How old were you when you first started working atThe Trump Organization for Mr. Trump?22AHuh. Huh.23If you recall.24AI don't.25Were you still in your thirties?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger3267started, what was your title?J. Trump.Executive Vice President and Special Counsel to DonaldQ And just in terms of your salary and your bonus,approximately all in, how much were you making at The TrumpOrganization?1AYes.2QAnd wasI think you mentioned before; but, when you34A56789A10111213141516525,000.And did that change over the years or did it, largely,stay the same?A Well, it changed. Initially, after the second year, hecut my salary. Ultimately gave it back, two years after that.But it stayed the same.Q Tell the jury a little bit about what kind of mattersyou handled for Donald Trump at The Trump Organization duringthat ten years.1718AIt was whatever concerned him, whatever he wanted.192021Um, initially, when I first started working at The TrumpOrganization, I was presented with an opportunity, and Ibrought it to Mr. Trump immediately. We liked it. It was in New22232425Jersey. It was called the EnCap Golf Redevelopment Project. Itwas a 1,000-acre landfill remediation project.new,And this was all very exciting to me because it was alland I enjoyed the challenge.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger3268123456And, along with two other colleagues, we started to getthis project up and running.It, ultimately, didn't come to fruition because the fundinggot pulled by Governor Corzine in New Jersey at the time.But, it was an exciting project.So, this is one of the projects that you handled for7him?8A910A1112Yes.Who did you report to at The Trump Organization?Mr. Trump.Were you at any time part of the General Counsel'sOffice at The Trump Organization?13ANo, ma'am.14And why not?15AThat's not the discussion in terms of when I elected16to take the position.17It was always reporting directly to Mr. Trump?18AJust to Mr. Trump.19202122A232425So, in the course of your work for Mr. Trump at TheTrump Organization, did he ever ask you to renegotiate billsfor him?Yes.Tell the jury, give us some examples of yourrenegotiating bills and what you did.A Well, for example, a law firm would send an invoice.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger32691He didn't believe that the invoice was fair, reasonable,23justified. And so, he would give me the task of renegotiating aspecific bill.4Did you ever renegotiate bills from other types of5vendors?For example, regarding Trump University?7AYes.8910Tell us a little bit about that.A So, Trump University fell into trouble, and there wereapproximately 50 vendors that had not been paid.11There wasa sum certain that was in the bank at the time.1213141516171819202122Approximately $2 million. Unfortunately, the bills far exceededthat $2 million. But, Trump was not going to fund the balance.And so, what I did is I put them onto a spreadsheet, ahandwritten spreadsheet, divided it by the $2 million, and cameup with basically 20 percent of everyone's invoice.I contacted each and every one of the vendors; and all buttwo accepted, ultimately, the 20 percent.We had Releases drafted. And upon the receipt of theRelease, within 48 hours, we had checks sent to them by FedEx.So, did Mr. Trump ask you to renegotiate all thosebills regarding Trump University?23AYes.2425And you said "all but two".What happened with the other two vendors?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger32701AThey just went away.2You mean did you pay them?3ANo, ma'am.456Now,once you accomplished that task for Mr. Trump ofrenegotiating all those bills with the Trump University, didyou report back to him?7AYes. But not in its totality.89Each and every Release was separate. I would go straightinto Mr. Trump's office, and I would advise him of the taskbeing accomplished.Why did you do that?101112AFor two reasons.13141516171819The first was so that he knew I was on it and I was doingwhat he had asked.And the second was, really, to obtain credit so that heunderstood that, again, I was accomplishing what he wanted.Q Do you have a memory of advising him aboutaccomplishing that task of reducing the payments to vendors andhis reaction? Do you have a memory of that?20AYes.2122What do you remember him saying when you told him youaccomplished that task?23A"It's fantastic. It's great."24How did that make you feel?25ALike I was on top of the world.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger3271123456Did you renegotiate other bills for Mr. Trump at TheTrump Organization, besides the ones that you just mentioned?AYes.From your experience over the ten years working at TheTrump Organization, are you aware whether Mr. Trump directed7other employees or executives to negotiate bills, not to takethe first bill, but to negotiate them down?8AYes.91011Let me ask you a question, Mr. Cohen. During the yearsthat you worked for Mr. Trump at The Trump Organization, didyou threaten, at times, to sue people or companies during those12years?13AYes.14And explain why you did that.15AWell, it would depend on what the issue was.16We had an issue, for example, with a Miss USA Pageant17 contestant, who Mr. Trump was being defamed, the Miss1819Universe Organization, so he brought an arbitration againsther. That matter, ultimately, got resolved.20212223Ifwith the press, as an example, that if they saidsomething that angered him, I would reach out to the press, andI would express to them their need to either redact or take thearticle down or we would file an action against them.24Did you do that in a strong and threatening manner at25times?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger32721AI would say so. Not all the time. But, often.2345Q Now, you mentioned a bit about this.During your time working for Mr. Trump at The TrumpOrganization, did you also work on some personal matters forhim?७AYes.78910ACan you just give us a brief example of some of that?So, one instance, his limousine was hit by a yellow111213cab.And, knowing that I had deep roots into the yellow cabindustry, he asked me to meet with the driver, who provided mewith the Police Report, and to have them pay for the repair onthe vehicle.14Did you ever do some personal work for regarding15his residence or his family, for example?16AYes.1718A19Tell us a little bit about that.In his apartment, they had a flood that ended upcausing damage into the main-floor bathroom. They had al fresco20on top.21And I handled the adjustment with the insurance company.22And these are all matters that Mr. Trump asked you to23 handle for him?24AYes.25Did you also, as part of your workand I think youLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger32731mentioned thisinteract frequently with the press for him?2Yes.3ATell us a little bit about that.AAgain, if it was in order to place a story that wouldbe advantageous in some way, shape or form, I would speak with456them.78910111213If there was an article that caused him displeasure, Iwould speak with them about that, as well.So, did you work with the press to try to minimizenegative stories and sort of enhance positive stories aboutMr. Trump and his business?AYes.Was that a good part of your work for him, interactingwith the press for him?It was a portion of it, yes.Now, you mentioned that you worked at Trump Tower atthe Offices of The Trump Organization; is that right?A1415A16171819202122232425That's correct.During the time that you worked there, where,approximately, was your office in relation to Mr. Trump'soffice?A Well, initially, when I started, it was towards theback of the office that was Ivanka's old office, until,ultimately, I moved to a different office that was maybe50 feet, 60 feet from his office.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger3274123During the time you worked there for Mr. Trump,approximately how often would you say you met with him or spokewith him?4AEvery single day and multiple times per day.5And now we're talking about in the period before he6ran for President in 2016; is that right?7AYes.8Now, at the timeagain, we're talking about91011pre-2016.But, in general, explain how you communicated with him.A Generally, it was either in person, on the cell phone,or on the cell phone. Those are really those are the two1213ways.1415Understood.Did you have all of his cell phone and other telephonenumbers in your contacts in your phone at the time?1617AI did.18And you used all those variety of numbers as a way to19 contact him?20AYes.2122When he called you, did he, generally, call you onyour cell phone or your work phone at The Trump Organization?23AWell, it was a combination of both.2425Most of the time, it would be on my cell phone. Unless itwas in the office, he would have one of his assistants ring meLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger32751and ask me just to come to Mr. Trump's office.23Q Did you ever contact Mr. Trump by contacting somebodyelse in order to get in contact with him?4AYes.5Who did you contact at various times to reach him?6AMany people. It depends, also, who he was with at the7time. It could be Rhona, his Executive Assistant. Ultimately,8Keith Schiller, who was his personal attaché. It could be one9of the Trump children. It could be Hope Hicks. It was any10number of people.11And you had, for example, Keith Schiller's number in12your contacts, as well; right?13AYes.1415And Hope Hicks' number in your contacts, as well; andyou used those numbers in your contacts to make those calls; is16that right?17AYes, ma'am.18As far as you know, did Mr. Trump use email to do his19work?20ANo.212223Mr. Trump never had an email address.Did he ever comment to you about folks whotime-to-time get into trouble using email?24AYes.25Can you tell us about that?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger32761AYes.23are like written papers, it's--45--67During certain conversations, he would comment that emailshe knows too many people whohave gone down as a direct result of having emails thatprosecutors can use in ain a case.When you say "going down", do you mean getting in somesort of trouble?8AYes, ma'am.9When you met him in person, you said--where did you,10generally, meet him?11AIn his office.1213A1415A1617What times of day, generally, in his office?All throughout the day.Were they sometimes early in the morning?Yes.Sometimes later, towards the end of the day or evenearly evening?18AYes.1920When you met him at the office, did you, generally,meet in his office?21AYes.2223Did you need to make an appointment to go see him inhis office?24ANo, ma'am.25Can you explain, was there what kind of a policyLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger32771was there at The Trump Organization about executives coming in2to meet with Mr. Trump?3AMr.Trump had an open-door policy, which, if there was456somebody in there, you waited; and if not, you knocked on thedoor, and I would say, "Boss, do you have a second?", and Iwould walk right in.7QAnd others did the same, to your knowledge?8A9To my knowledge, yes.Now, when you met with Mr. Trump at The TrumpOrganization, in his office, did you, generally, need10--I'm11sorry.12Did you, generally, record those meetings in your calendar?13ANo, ma'am.141516As part of your work at The Trump Organization, didyou feel that it was part of your job to keep him updated onmatters that you were handling for him?17AYes.It was actually required.181920212223ATell us what you mean by that.When he would task you with something, he would thensay, "Keep me informed. Let me know what's going on."And what he was saying, what everybody did is, as soon asyou had a result, an answer, you would go straight back andtell him. Especially if it was a matter that was troubling to24him.25So, two things, just to break that down.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger1You said "everybody".2345Do you mean you're aware of other executives whoA I apologize.Yes. Other executives.So, they would report back to him, as well?७AYes.7Q But, you felt it was part of your job, and what he832789wanted from you, to promptly report to him when you werehandling a matter for him about the progress and whether it wasresolved?1011A1213Yes. And that's what I did.Did you have a sense or did you learn from yourexperiences with him that if you didn't keep him updated orthings didn't go well that you were working on, that that would141516AYes.create an issue for Mr. Trump?171819202122Can you explain that just a little bit?A If you didn't immediately provide him with theinformation and he learned of it in another manner, thatwouldn't go over well for you.To the extent that you discussed the requirement toreport frequently to Mr. Trump, was it your sense, based on23 working with him, that he was a micromanager about the work of24his organization and of which he was concerned?25AYes, ma'am.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger327912Did you have a way of referring to Mr. Trump when youworked for him?3AYes.45A678What was that?I would call him "Boss", "Mr. Trump".And in working for him for ten years, all the varietyof the types of work that you did for him, what was it like foryou? How did you feel about working at The Trump Organization9during those years?10AIt was fantastic. It was11121314working for him,(pause)--an amazingespecially, during those ten years wasexperience in many, many ways. There were great times. Therewere several less than great times. But, for the most part, Ienjoyed the responsibilities that were given to me. I enjoyedworking with my colleagues at The Trump Organization, the Trump16 children. It was a big family.15Q During the years that you worked for him at The TrumpOrganization, did you at times lie for him?171819AI did.2021AWhy did you do that?Because it's what was needed in order to accomplish a22task.23Was there also a sensedid you feel a sense of24obligation towards him, as well?25AYes.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger3280123Did you at times during your work for The TrumpOrganizationpeople for him?at The Trump Organization, for Mr. Trump, bully4AYes, ma'am.5Why did you do that?७AAgain, in order to accomplish the task.78910The only thing that was on my mind was to accomplish thetask to make him happy.Now, over the years that you worked for him, did hereward you with some additional titles?11AYes.1213A1415161718192021Whattell us just a little bit about that.Well, he placed me on the Board of the Miss UniverseOrganization. There were three members: Mr. Trump, AllenWeisselberg and myself.Years later, myself and another colleague were madeCo-Presidents of Trump Productions.I sat on the Board of four, five different Trump propertiesas Treasurer.Q Those were some of the additional titles that herewarded you with?22AYes, ma'am.2324Are you aware that in connection with your work forhim, some people described you as his "fixer"?25AYes. Some have described meas that.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger3281From your perspective, is that in some ways an12accurate title, an accurate moniker?3AIt's fair.4567I just want to ask you some questions about yourtelephone numbers, and I'm going to ask you only about the lastfour digits of some of those numbers.During the period of 2015 to 2017, when you were working atThe Trump Organization, did you use a cell phone number endingin 6866?8910AI did.1112A1314Did you also use a cell phone number ending in 0114?I did.And did you continue to use those two numbers for aperiod of time after you left The Trump Organization?Yes, ma'am.Do you still continue to this day to use the cellphone number ending 0114?15A161718AYes.19202122A23Now, during the time that you worked at The TrumpOrganization for Mr. Trump, you also had a landline worknumber; is that right?That's correct.Was that 212-836-3212?24AYes, ma'am.25Obviously, you no longer use that number?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger32821ANo, ma'am.23After you left The Trump Organization, did you alsohave a number associated with a law firm in New York?4AYes.5Was that 212-872-9849?७AYes.7Obviously, you don't still use that number?8ANo, ma'am.91011In connection with the investigation of this case, didour Office ask you to provide two cell phones that you had usedfor a period of time up until April of 2018?12AYes.13And did you agree to provide those two cell phones to14us that you had previously used with the two numbers cell--1516Aphone numbers that I just mentioned, ending in 0114 and 6866?Yes, I did.17Did you provide those phones to us in January of 2023?18ASounds correct. Yes.19And was that pursuant to our request that you turned20those over to us?21AYes. Merely the request.22Did you consent to do that voluntarily?23AI did.2425Now, you keep contacts on your phones; there werecontacts that were kept on those phones; is that right?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger32831AThat's correct.2QWhat kind of information, just generally, was in your3contacts on those phones?45A Names, email addresses, potential addresses, cellphone numbers, home numbers, fax numbers.67Were there also, sometimes, other informationassociated with folks whose contacts you had in there?8AYes, ma'am.910well?Did you keep anybody else's contacts in your phone, as11APersonal ones, yes.12131415In other words, howeverwhat I'm asking about isnot just your contacts, of your contacts and the folks that youknow; but, did you also, at some point, include or sync withyour contacts somebody else's contacts?16AI did.1718ATell the jury about that.Actually, I didn't do it. It was done by the IT19people.202122232425I was spending a significant amount of time with Mr. Trump;and we ultimately decidednumbers synced to my cell number, to my account as well.That way, if we needed to travel, if he needed to getsomebody on the phone, he would just say, "Michael, get me" soand so "on the line," and I would have them in my cell phone.--he agreed--to have his contactLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger328412As a result of this syncing process, did your personalcontacts also end up in his phone?3AI'm not certain about that.4You're not certain.5Just his contacts in your phone?Do you remember, approximately, when you synced or16AYes, ma'am.789A1011someone else synced his contacts into your phone, if you know?I don't. I don't.As a result of having both your contacts andMr. Trump's contacts in your phone, did you have over 30,000contacts in your phone?1213AYes, ma'am.141516During the time you worked at The Trump Organizationfor Mr. Trump, was your email address mcohen@trumporg.com?AYes, it was.1718After you left The Trump Organization, during theyears of 2017 and 2018, did you also use another email address,mcohen@mdpc.com?1920AYes.21You no longer have that email address; is that right?22AThat's correct.23Did you also use a personal Gmail address that you24still currently use?25AYes.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/HoffingerMr. Cohen, do you know someone named David Pecker?12AI do.3Who is he, and how do you know him?4AI knew David Pecker before I even knew Mr. Trump.328556789We had mutual friends, and we had met at a function atout in Long Island. Many, many years ago.--I then was re-acquainted with David Pecker, who is thePresident, CEO of AMI. Most people know him more from hismagazines and his newspapers: National Enquirer, Star, Okay!and Men's Health, et cetera.1011When youdid you, from time to time, speak to12Mr. Pecker even before he camebefore you started at The13Trump Organization?141516A Not regularly, no.Once you were at The Trump Organization and introducedto him again by Mr. Trump, did you speak to him from time to17time?18AYes.19When you spoke to him, did you speak to him by phone?20AYes.2122Did you have his cell phone and work numbers in yourphone contacts?23AYes.24Did you use those contacts to speak with him?25AYes, ma'am.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger3286At times, did you also speak with Mr. Pecker using anencrypted application called Signal?1е23AYes.47891015Why did you do that?A Well, depending upon the matter, sometimes we thought6 that encryption, not having the event traceable would bebeneficial.Was it because it was something you wanted to keepconfidential and didn't want anybody to be able to trace it orlook into those communications?11AYes, ma'am.1213And did you also, at times, communicate withMr. Pecker by email?14AYes.1516And you had his email address, as well, in yourcontacts; is that right?17AYes, ma'am.181920Now, did you speak with Mr. Pecker at The TrumpOrganization about matters having to do with Mr. Trump prior toJune of 2015?21AYes, but rarely.22And was itwhat sort of matters were the few23matters that you spoke to him about, if you can remember, prior24to 2015?25AThere was some things that had come up.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger32871For example, Mr. Trump had donated money to a charity. It2was Harlem for Hoops. We had come into information that they345had no funding, and I brought it to Mr. Trump's attention."He said, "Yes, we wanted to get the story out.So, it would be things like that. And16To try to get a nice--a good story out about him?7AA good story, yes.8And--to your knowledge, prior to 2015, when91011Mr. Trump announced that he was running for the Presidency, didyou know whether Mr. Pecker or AMI ever paid for public storiesto prevent them from becoming public?12AThere were stories.13141516I apologize.My question is quite wrong.Prior to Mr. Trump announcing his run for the Presidency,are you aware of AMI ever paying to suppress stories?17ANo, ma'am.18Would you say you had a good relationship with19Mr. Pecker?20AI would, yes.21Did you know someone named Dylan Howard?22AI do.23Who was Dylan Howard?24ADylan Howard was an employee over at AMI.25What was your understanding about what his role was atLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger328812A34567AMI, if you knew?He worked for Mr. Pecker to the same extent that Iworked for Mr. Trump.by phone?Did you speak with Mr. Howard in person or, generally,A I spoke to everybody in three different manners: byphone, by email, and in person.8Did you have Mr. Dylan's [sic] phone numbers and9contacts in your contacts in your phone?10AYes, ma'am.1112A1314Did you use those numbers to contact him?I did.Now, at times, did you also communicate withMr. Howard using that encrypted application, Signal?15AYes, ma'am.161718A1920And why did you choose to do that with yourcommunications with Mr. Howard?For the same reason. It was a sensitive matter that wewanted to keep private.Q Did you also communicate by text with Mr. Howard?21AYes.22And sometimes by email?23AYes.24Again, using your contacts that you had in your phone?25AYes, ma'am.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger1Did there come a time, in 2011, that Mr. Trump was2 exploring a run for the Presidency?3AYes.4Can you tell us a little bit about that?328950ASo, in 2011, I had come across, while reading the6paper, a poll that stated 6 percent of all the people who had7taken the poll thought Mr. Trump should be President of the8910111213A1415United States of America.And so,I took that article, and I brought it to Mr. Trump.And I said, "What do you think?"He said, "It's interesting. We should look into it."And did he look into it in some degree in 2011?He did.Do you recall whether he spoke publicly in 2011 aboutexploring a run for the Presidency?16AHe did.1718192021222324That was posts I had created for him, my own website calledshouldtrumprun.com. And many people came to that website.And it was further proof that his name recognition, hispopularity, especially because of the hit show The Apprentice,was so strong.And just to go back to the question, do you remembergiving some public speech him giving public speeches abouthis considering a run for the Presidency in 2011?25AYes.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/HoffingerWere those, if you recall, covered in the news?12AYes.345ANo.3290in 2011?Did he, ultimately, decide to run for the Presidency167A8What was your understanding why he decided not to run?There were several large real estate projects heacquired, as well as another season of The Apprentice.910And, as Mr. Trump told me, "You don't leave Hollywood.Hollywood leaves you."1112A1314So, he decided to stay and do that work instead?Yes, ma'am.Did there come a time, then, in June of 2015, whenMr. Trump announced that he was running for President?Yes.15A1617AI do.And how did he make that announcement, if you recall?1819202122timeIt was at The Atrium at Trump Tower. He came down thestairs to the lowest level. And we had set up a podium. He madethe announcement and a speech.Now, at the time, in June of 2015, were youan official paid member of Mr. Trump's campaign?or any23ANo.24Nevertheless, did you assist Mr. Trump in his25 campaign?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger1ASo, just some colorfulness.2In 2011, when Mr. Trump decided not to run, he actually3 promised me that he was going to do it in the next election32919101112134cycle. And for years thereafter, we would talk about him5running in 2015.678At the very beginning, when he ultimately said, "I'm doingit, "there was a lot of back and forth about which date theannouncement should be.A very small group of people were attached to the campaignwhen it first launched.Did you have some discussions directly with Mr. Trumpabout what your role might be in terms of assisting with hiscampaign?14AI wasn't going to be part of it.1516I was just going to be a surrogate.Explain what you mean by "surrogate".17ASure.18192021222324"Surrogate" was someone who speaks on behalf of thecandidate and defends him in the press. Speaks to the press,provides color, but not as a member of the campaign, but,rather, as an outside person. So, again, as to give theappearance that it's unbiased.And that's the role that you performed for him and forthe campaign?25AYes.Laurie Eisenberg, CSR, RPRSenior Court Reporter

1234M. Cohen Direct/Hoffinger3292And did you make public appearances for him and forhis campaign?AI did.Tell usa little bit about that. What kind of public5678appearances?A I would make public appearances on television, CNN,MSNBC, ABC, whoever, CBS. I would frequently provide comment topress regarding different matters that kept popping up.9Did you leverage your press contacts in that way, from10Mr. Trump's campaign?11AYes.1213A141516Your relationships?Yes.Did you also develop some relationships with some keypeople on behalf of the campaign who put together some kind ofcommittees or groups for him?17AYes.18Tell the jury a little bit about that.19ASo, while watching the rallies, I had gone to2021222324Mr. Trump, and I said, "One of the things that I notice is thatit's very white. And we really need diversity. If you're goingto win, you're going to need diversity."And so,I started a group called National DiversityCoalition for Trump, along with Pastor Carol Scott, an25Evangelical Pastor from Cleveland, Ohio.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/HoffingerAnd you did that for his campaign; is that right?12AI did.329334Did you have other important contacts in the ChristianEvangelical community that you sort of worked with for5 Mr. Trump?७AYes.78A9Did you have a campaign email address, by the way?Yes. I was given a campaign email address.Around the time that the campaign began, did Mr. Trumpexpress to you any concern about negative stories about hispersonal life that might affect his candidacy?What101112AYes.1314A15161718generally, what did he say, in substance?You know, that, "When this comes out," meaning theannouncement, "just be prepared. There's going to be a lot ofwomen coming forward."Q Now, turning back to his announcement of running forthe Presidency in June of 2015, did you invite David Pecker to19 attend that announcement?20AI did.2122A2324Did you invite other people, as well?I did.Now, sometime after the announcement in June, in aboutAugust of 2015, did you and Mr. Trump meet with David Pecker at25Trump Tower to discuss what AMI could do for the campaign?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger32941A2Yes, ma'am.Where exactly did the three of you meet?3AMr.Trump's office on the 26th floor.456Could you tell the jury, please, what was discussedand what was agreed to at that meeting?7A What was discussed was the power of the NationalEnquirer in terms of being located at the cash register of so89101112many supermarkets and bodegas; that if we can place positivestories about Mr. Trump, that would be beneficial; that if wecould place negative stories about some of the othercandidates, that would also be beneficial.Q Was there anything else that Mr. Pecker said he couldalso do for Mr. Trump's candidacy?1314AYeah.15What, in substance, did he say?16AWhat he said was that he could keep an eye out for17 anything negative about Mr. Trump, and that he would be able to1819help us to know in advance what was coming out and try to stopit from coming out.20And who did he say he would get in touch with if21hishe was able to identify those types of stories?22AThe answer was: Me.232425Mr. Trump also.Knowing my relationship with David, "The two of you shouldwork together. And anything negative that comes,you letLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger32951Michael know, and we'll handle it."2Q Now, during3subsequent to that meeting, during thecampaign, did AMI run stories that were positive for Mr. Trump?4AYes, ma'am.516And did they run stories that were negative onMr. Trump's opponents?Can you describe just a few that you recall that theyran, specifically to benefit Mr. Trump, some stories that wereeither negative on his opponents or positive for him?7AYes, ma'am.8910And in the course of that, did AMI preview forMr. Trump and for you some of those stories that they weregonna run in their magazines and periodicals?11AYes, ma'am.1213141516171819202122232425A So, some of the negative ones that I would receivefrom David or from Dylan Howard was Hillary Clinton wearingvery thick glasses and some allegations that she had some braininjury.There was Ted Cruz, a photo of his father with Lee HarveyOswald, claiming that Ted Cruz's father was involved in theassassination of JFK.There was an article on Marco Rubio in a swimming pool witha bunch of other men, claiming that they were having a drugbinge of some sort.Did AMI sometimes send over the covers of some ofLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger32961these stories to you before they ran them?2AYes.34516And what did you do with that material when they sentit over to you?AImmediately showed it to Mr. Trump.And for what purpose did you show it to Mr. Trump?7ASo that he knew that David was loyal, was on board,8was doing everything that he said he was going to do in that9August meeting and was actually doing it.10And do you recall, from time to time, when you showed1112Mr. Trump some of those stories, what hisreactions were?--in general, his13A"That's fantastic. That's unbelievable."141516Now, did AMI ever actually seek your input into thetypes of stories or the content of some of the stories thatthey were gonna run?17AYes.18192021MS. HOFFINGER: Can we show, please, People'sExhibit 166, which is in evidence.(Whereupon, an exhibit is shown on the screens.)Are you able to read that, Mr. Cohen?22AYes, ma'am.2324A2510Do you recognize, generally, this email?I do.Can you just tell the jury a little bit about whatLaurie Eisenberg, CSR, RPRSenior Court Reporter

1this email was?M. Cohen Direct/Hoffinger32972A This is an email from me, Trump Org, on January 6,3 2016, to Barry Levine and cc'd to Dylan Howard.4516Barry Levine was an employee, as well, at AMI.A789Did Barry Levine send you something in this email?Yes.What did he send you?A He sent to me an email that says: "Michael:Greetings and happy new year. As our readers can't get enoughof Mr. Trump, we are repackaging and repurposing past materialfrom our files and adding additional materialof course also101112of a positive nature."13141516AThen goes on. There's a series of bullet points."Donald has quietly given away"He's describing the content of some of these articles?Yes.17MS. HOFFINGER: Can we blow up the top email to181920Barry Levine?And you copied Dylan Howard on it.Read your response.21AI stated: "Yes. Take out the part of the Penthouse22pet Sandra as it offers nothing. Also, I would like to reword23the part about Atlantic City. Let's speak tomorrow."2425(Whereupon, Senior Court Reporter Lisa Kramskyrelieves Senior Court Reporter Laurie Eisenberg, and theLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger32981transcript continues on the following page.)234510678910111213141516171819202122232425Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Direct/Hoffinger123456(The following proceedings are continued from thepreceding page.)CONTINUED DIRECT EXAMINATIONBY MS. HOFFINGER:Why did you ask AMI to remove the Penthouse pet32997 reference?8910A I thought it would be negative to Mr. Trump as, again,it dealt with women and Penthouse.And did AMI agree to make the edits that you11 suggested?12AYes, ma'am.13What is the title of the story?14MS. HOFFINGER:Can you just scroll down just a15little bit.16Thank you so much.1718(Displayed.)The title of that story――can you see what the title19of that story was going to be, was it: "The Trump that Nobody20 Knows?"21AYes. It was going to go under the headline "The Donald22 Trump Nobody Knows.12 223Q24And, I'm sorry, would you say again what the date ofthis email was?25AJanuary 6th of 2016.Lisa Kramsky,Senior Court Reporter

L23QOkay.M. Cohen Direct/Hoffinger3300MS. HOFFINGER: And can we now take that down andput up People's 152 in evidence.(Displayed.)45QAnd canwe direct your attention to the articleentitled "The Trump Nobody Knows.'10678that."MS. HOFFINGER: And maybe you can just center on61011A12(Displayed.)Did this article actually come outYes, ma'am.that you spoke to AMI about?13AI'm sorry.14Q1516That's all right.You said that the email that you sent was either January 6thof 2016and what's the date of this article here?17AIt was posted on January 13th of 2016.1819So, about a week later, AMI ran the article with yoursuggestions?20AYes, ma'am.212223A2425And is this an example of your working with AMI to getarticles out that benefitted Mr. Trump's campaign?It is an example.And this was consistent with what was discussed at theTrump Tower meeting with Mr. Pecker and Mr. Trump?Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

L2AYes.M. Cohen Direct/HoffingerMS. HOFFINGER:Thank you.330134QWe can take that down.Now, in the Fall of 2015, did you come to learn of a5 negative story being circulated by a former doorman at Trump106Tower?7AYes, ma'am.86And how did you learn of that story?AI was told of the story by either David Pecker or Dylan10Howard.11Q1213A14Q1516And, very briefly, what was the nature of the storythat they indicated to you was out there circulating?That there was a love child.Actually, I think I take my question back about thecirculating, that they heard about the doorman who had thisstory; right?17AYes, ma am.'1819After you learned of the story, did you speak toMr. Trump about it?20AI did.21Why did you do that?22AWell, I went to him immediately to advise him that23there was a story, because it was a negative story for him, and24to get his direction on what he wanted me to do.25Did you indicate to him at the time the name of theLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger1employees who were referenced in this potential story?2AYes. I provided him with all of the information.33302Q And did it involve actually two employees at The TrumpOrganization?5AYes, ma'am.10QWho were married to each other?7AYes.8610Did Mr. Trumpcan you describe your conversationthat you had with Mr. Trump when you advised him of this?What did he tell you to do?He told me to: Make sure that this story doesn't getYou handle it.Q Did he ask you, also, to do anything with respect tothe affected employees?What did he say, in substance?He asked me to speak to them and let them know it's11A12out.131415AYes.16Q17A1819202122232425being taken care of.Q Now, what did you do in terms of, at that point, interms of making sure that the story didn't get out?A I worked with David Pecker and Dylan Howard.And you worked with them to do what?Athe story.In order to obtain the story, all of the life rights toWho did you understand was going to either purchase orLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger33031try to take care of well, take care of purchasing the life2rights to the story or otherwise making sure that the story3didn't get out?4ADavid Pecker.510678And, along the way, did either Dylan Howard or DavidPecker update you about what they were doing with respect tothat story?AYes, ma'am.610Q And as the matter progressed and you got updates fromDylan Howard or David Pecker, did you update Mr. Trump about thematter?1112A13Immediately.Now, at some point, did you learn that AMI had enteredinto an Agreement with the doorman regarding this story?1415AYes.16Q17What did you learn, just briefly, about what thegeneral terms were of the Agreement that AMI entered into withthis particular doorman?A That they were going to pay $30,000.They wereexecuting an Agreement with the doorman in order to obtain thelife rights to this story.18192021222324AIt was to not publish the story.25Q And when you say "to obtain the life rights," was it topublish the story or not publish the story?But to control the life rights so that nobody elseLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger33041could publish it?2ACorrect. Take it off the market.3Now, did you update--actually, when Dylan Howard and456789Mr. Pecker told you they were going to do that, they were goingto acquire the life rights for $30,000, did you tell them thatMr. Trump would be grateful?Agrateful?Absolutely.And when you spoke to Mr. Trump about it, was he10A11Absolutely.Now, did AMI at some point send you the Agreementtheir agreement with the doorman for those life rights for1213$30,000?14AYes.15And did you review it?16AI did.17Why did you review it?18AWell, I reviewed it to ensure that Mr. Trump was fully192021protected.I also asked them to send it to me so that I could showMr. Trump that it's being taken care of.22And did youwhen you reviewed that Agreement, did23you provide AMI with any feedback about the terms in theAgreement?2425ΑI did.Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger3305L2A3OT510678What did you tell them?Ummm, I thought that there needed to be a clause inthere, a significant penalty for a million dollars per violationof any of the terms of the Agreement to ensure that the doormanknew not to go ahead and to talk about this matter.Q So, you suggested that there be a heavy hammer to makesure that he didn't break the terms of the Agreement?AYes, ma'am.1010Q Did you also suggest some other term involvingperpetuity for this Agreement?11AYes.12Can you explain that?13AWhat I found was that the Agreement had what I14considered to be an end date to it.15And so, rather, I said why not justlet's make this in16perpetuity.17What does that mean, "in perpetuity?"18A19 document--It means that it's forever. That he owns thethey own the story forever. And it can never come20out.21And did AMI agree to include that term as well in the22 Agreement?23AHe did.24MS. HOFFINGER:Can we put up, please, People's 16525in evidence.Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

L234M. Cohen Direct/Hoffinger3306all?A(Displayed.)And can you do you recognize that email, first ofI do.111213MS. HOFFINGER:сл10AWho is it from and who is it to?It's from Dylan Howard on December 19th of 2015 to me7 at the Trump Org, with the subject headline of "Update."8の10It reads: "Michael, it was remiss of me not to contact youWe were on deadline for the magazines.yesterday.Nevertheless, I wanted to confirm that the source executed anAddendum to the Agreement with a liquidated damages clause. Hehas been compensated accordingly.Cheers, Dylan."Can we also put up now People's 15514in evidence.15(Displayed.)16MS. HOFFINGER:Is it possible to blow that up just17a little bit.1819(Displayed.)Do you recognize that, Mr. Cohen?20AI do, ma'am.21What is that?22AThis is the Amendment that I was just describing.2324And is that the Amendment that contains themillion-dollar liquidation clause and the clause about it25 continuing in perpetuity?Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

L23M. CohenDirect/Hoffinger3307AYes, that would be Sections and 3 of the Amendment.Now, once that was accomplished by AMI and theyincluded the terms that you wanted to protect Mr. Trump, did youadvise Mr. Trump that you had gotten that done?5AYes, ma'am.1078の10Q Why did you tell him that?A Again, in order to ensure that he knows that David'sdoing exactly what he said he would. Also for credit.Q In terms of credit, did you tell him that you got themillion dollars put in and the in perpetuity clause put in?11AYes.1213A14QAnd wasWhy did you do that?In order to get credit for accomplishing the task.what was Mr. Trump's reaction when you told15him that?16AIt's great."That's great."17181920Now, is it your understanding that AMI bought the liferights to the doorman's story as part of what Mr. Pecker hadagreed to at the Trump Tower meeting with you and Mr. Trump inAugust 2015?21AYes.22MS. HOFFINGER:You could take that down.2324Q25Thank you so much.Let me direct your attention now to June of 2016.And around that time, did you learn that a woman by the nameLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

12M. CohenDirect/Hoffingerof Karen McDougal was looking to sell a story regarding herrelationship with Mr. Trump?3AYes, ma'am.4And how did you learn that?5AAgain, I received a call from David Pecker or Dylan106Howard.3308786And what, generally, did they tell you, just briefly,in substance, about what this story was about?A That she's a Playboy Playmate and that there is a storythat is looking to be sold on the street--to news outlets.about a relationship that she had had with Mr. Trump.And when you learned of the story, what, if anything,did you think about its potential impact on Mr. Trump'sPresidential campaign?Significant.Q Did you tell Mr. Trump what you had learned from AMIabout Karen McDougal?101112131415A16171819202122232425A Immediately after I got off the phone with AMI.Q And can you tell us about the conversation you had withMr. Trump after learning about that story?ASo, I went to the office, knocked on it, I said:"Boss, I got to talk to you."He said: "Come in."I went in. I told him about what I had just learned.I asked him if he knew who Karen McDougal was, if he knowsLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger33091anything about the story.23I said:His response to me was: "She's really beautiful.""Okay. But there is a story that's right now beingshopped."5QAnd did you draw on any--based on your experience106786with Mr. Trump, did you draw any conclusion based on hisresponse to you?MR. BLANCHE:Objection.THE COURT:Sustained.1011Did Mr. Trump ask you to take any action with respectto the story?12AYes.13QWhat did he ask you, in general, to do?14AMake sure it doesn't get released.1516What did you do as a result? What did you take that tomean you should do?17AWe need to--we need to acquire the story. And so I1819went ahead and I reached back out to both Dylan Howard as wellas to David Pecker.20212223Q Now, during the time period of about June ofJune 16th or so of 2016 to August 5th of 2016, did youcommunicate frequently, regularly, with Mr. Pecker andMr. Howard regarding Karen McDougal?maybe24AYes, ma'am.25Why did you do that?Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger3310L23A Again, ummm, the purpose is to stop the story frombeing sold or marketed to an outside source.Q Did you want to make sure that AMI was doing that?4AОт107Q8 question:10Absolutely.MR. BLANCHE:Objection.THE COURT: Sustained.--How did you communicate well, let me ask you aDid AMI regularly update you about what was happeningwith their negotiations in terms of the story?10AYes.1112Q And was that consistent with what they had--DavidPecker had agreed to do at Trump Tower, to notify you if matterslike this were happening?1314AYes.151617A18How did you communicate with David Pecker and DylanHoward during this time?Again, it would either be by phone, text, email, app.Okay. When you say "app", sometimes using the Signal19app?20A212223Yes, ma'am, I'm sorry. The Signal app.That's okay.Let me just finish the question and then you answer, becausethe court reporter also needs to get it down.24AI'm sorry.25And did you use for this transaction that you wereLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

LM. Cohen Direct/Hoffingerworking with AMI, did you use the Signal app?2AI believe so.mQAnd why was that?33114AAgain, because of the nature of the issue, to make sure5 that it remained private.10678Q At various times when you were receiving updates fromeither Dylan Howard or David Pecker about the progress withKaren McDougal, did you update Mr. Trump frequently?10AYes.10111213141516171819MS. HOFFINGER: Can we put up now, please,People's Exhibit 177A, which is also in evidence.(Displayed.)Now, I'm just going to ask you: Do you recognize thesetexts between yourself and Dylan Howard during this time periodfrom about June 16th of 2016 to November 1st of 2016?A I think it says here June 20th of 2016.My apologies.Do you recognize these texts during the time period that'sreferenced in this exhibit?20AI do.2122Let's take a look at, first, please, the text withDylan Howard on June 16th of 2016.23(Displayed.)24Q Can you read out for the jury all of the texts from25June 16th of 2016.And along the way, you can tell the juryLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger33121what they refer to and what they mean.2ASo, this is a June 16th of 2016 communication between3Dylan Howard and myself, and it states:"Meeting will be on4Monday, per their terms. Dylan."5And what's your response?6A My response back was:"Understood. Thank you for7everything."8What did you understand this was about in terms of the9 meeting on their terms?10AThis is about meeting with Karen McDougal and her11people.12QNow, let me direct your attentionwhat isagain,13what is the date of this?14AThe date is June 16th of 2016.1516MS. HOFFINGER: And can we take that down for amoment and show People's Exhibit 262 in evidence.1718(Displayed.)I want to--19do you recognize these texts with KeithSchiller, between yourself and Keith Schiller?20AI do.2122Now, you recall that you told the jury that sometimesyou spoke to or contacted Keith Schiller in order to get intouch with Mr. Trump?2324AYes.25MS. HOFFINGER:Can we look at Page 2, please,Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

12345M. Cohen Direct/Hoffinger3313lines 16 to 20, dated June 16th of 2016.Can you see if we can cull those out.(Displayed.)Mr. Cohen, can you read those texts between yourselfand Keith Schiller on that same day, June 16th of 2016?AYes, ma'am.7So, this is from me to Keith Schiller, asking:"Can we8speak?I need you.'"9And what does he respond?10AHe then responds--I didn't receive11His response?12AI didn't receive a response back.13And so,I followed it up with another that says:"You14there?"15He then responds to me: "On Dallas."16I think he meant in Dallas.1718course,192021I then respond to him: "Where's The Boss?" Which, ofreferenced Mr. Trump.He then responds to me: "Next to me.And then, I then ask: "Is he free to speak?"Why are you trying to reach Mr. Trump on this date of"22June 16, 2016?232425ARegarding the Karen McDougal matter.--Was it an update that in response to an update thatyou had just received from Dylan Howard about a meeting withLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger1Karen McDougal's people?2AYes, that I thought was important.3331445Is this an example of you contacting Mr. Trump to givehim updates about what was progressing with Karen McDougal?AYes, ma'am.७7MS. HOFFINGER: You can take that down.Can we now put up People's 349 in evidence.(Displayed.)89And take a look at the call on 6/16 of 2016.Do you10recognize these?111213These are calls between yourself and Mr. Trump, summarycalls.Do you see a call between the two of you at 6:51 p.m.14AYes, ma'am.15for 2 minutes and 31 seconds.16Did you have that call with Mr. Trump right after you asked17Keith Schiller if he was availablemeaning Mr. Trumpto18speak?19AYes.202122And what do you believe that you discussed withMr. Trump on that call?A The updates that I received on the Karen McDougal23matter.24Thank you.25MS. HOFFINGER: You can take that down.Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

L2MM. CohenDirect/Hoffinger3315Can we go back now, please, to People'sExhibit 177A in evidence.says:AAnd can we cull out the texts on June 20th of 2016.And blow those up for Mr. Cohen.THE WITNESS: Thank you.(Displayed.)Can you start with the texts from Dylan Howard that"I'm about to meet her. Her name is Karen McDougal."Yes, ma'am.4OT1078610"Former Playboy Playmate."1112131415161718A So, I received a series of messages.This one is dated Monday, June 20th of 2016, wherebyDylan Howard sends to me: "I'm about to meet with her. Hername is Karen McDougal, former Playboy Playmate."I then respond to Mr. Howard: "Okay. We need to speak."He then responds to me: "Yes."I then he then responds to me again: "When we break."And I respond back: "Okay."19He then sends to mea response:Spoke--it says "spike"20but it means "Spoke to DP"--21222324get out of my grasp--25just broke. I'm wrapping up with them. And then we will"Weconvene a three-way call between us all to sort this out.Understand I've got this locked down for you." I won't let it"I won't let it out of my grasp."Now, did you insist, at this time, on having a callLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporterreferencing David Pecker

L2M. CohenDirect/Hoffingerwith Dylan Howard right after he met with Karen McDougal?AYes, ma'am.3316m4AAnd why did you do that?Because I needed to get an update so I could provide it5 to Mr. Trump.106QAnd shortly after these updates from Mr. Howard, did7you actually have a call with both Dylan Howard and David Pecker8to find out about their interview with Karen McDougal?6AYes, ma'am.12131415161011And what was the substance of what they told you duringthat three-person call about progress with Karen McDougal?A That they believed that they have this under control,as Dylan had stated to me: "I will get this locked down foryou. And I won't let it out of my grasp."Did Dylan Howard tell you what his opinion was aboutwhether he believed that Karen McDougal had had a relationship17with Mr. Trump?18MR. BLANCHE:Objection.19THE COURT:Sustained.2021Q Was it important for you to have that call with DylanHoward and David Pecker?22AYes.23And that's to make sure that things were being taken2425AYes.care of for Mr. Trump?Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger331712Mister34Did you have another call later that night withwith Dylan Howard to have some further conversationsabout the progress of the deal?AYes.5Now, you said you did update Mr. Trump on the progressat that point with Karen McDougal?And do you know whether at that time that update was67AYes, ma'am.8910A1112either in person or by telephone?I don't recall.I'm going to direct your attention now to a little bitlater in June, a little later in June of 2016, maybe a week oraround the same time.were you present for a conversation thatMr. Trump had directly with David Pecker about the KarenMcDougal matter?Yes, ma'am.Where were you when you were present for, andoverheard, that conversation?13SO,14Did you--151617A181920212223A(No response.)24It was just the two of you?25AI believe so, yes.Lisa Kramsky,A In Mr. Trump's office.And who else was in the office besides yourself andMr. Trump?Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. CohenDirect/HoffingerAnd did he have a call at that point with Mr. Pecker?LQ2AYes.34AHow did he make that call?He had the call put through, and he had a speaker box5 on his desk, and instead of lifting up the phone, he used the106781610speaker box so I was able to hear.And can you tell the jury about what you recall fromthat conversation that Mr. Trump had with Mr. Pecker?AHe asked him how things were going with the matter.And David said, "We have this under control. And we willwe will take care of this."Was there a discussion on that call about how much itmight cost to buy this story and who might pay for it?3318--11121314AYes, ma'am.15Just, in substance, what was that conversation?16A17So, David had stated that it's going to cost them$150,000 to control the story, to which Mr. Trump replied:"No18problem. I will take care of it."1920Q Was there an understanding about who would initiallypurchase that story?21AYes.22232425Q And who was discussed on that call that would purchasethat story?A AMI was going to lay out the funds, and as Mr. Trumphad stated to David: "I will take care of it."Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger33191And what did you understand that to mean?2AHe was going to pay it back.3But it wasn'twas it described at that point how4that might occur?5ANo, ma'am.67After that call, did you then have a call or callMr. Pecker?8AYes.91011121314And tell us a little bit about that conversation thatyou had with Mr. Pecker?A I just wanted to make sure that I was being updatedregarding the entire matter.Did you let him know on that call that you hadoverheard that conversation that he had with Mr. Trump?15AYes.16171819MS. HOFFINGER: Now, let's put back up, if wecould, please, 177A, Mr. Cohen's texts with Dylan Howard.And now the texts on July 28th of 2016 throughJuly 29th of 2016.20And let's see if we can cull those out for212223A2425Mr. Cohen to read.(Displayed.)So it's Thursday, July 28th of 2016. It's from me toDylan Howard: "Can you call me?"Dylan Howard responds back: "I've not heard back from ourLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger33201guy yet so no update. Let me call him this a.m. and get latest.2Does that work?"mWho did you understand his "guy" to be?4AI believe it was Keith Davidson.слQAnd who was Keith Davidson in relation to this matter?10AKeith Davidson is an attorney that was representing78910Ms. McDougal in this transaction.And did you understand from Dylan Howard thatMr. Davidson was doing the negotiating with AMI forMs. McDougal?11AYes.12MR. BLANCHE:Objection, Judge.13QCan you continue reading14THE COURT: I'm sorry?15MR. BLANCHE: I'm sorry.Objection.1617THE COURT: Overruled.Okay.18A19Same date, Thursday, the 28th of July, 2016. I sent atext to Dylan Howard: "Yes. And thank you."2021Q Again, if you could read them just as they apply toJuly 29th?22ASure.232425which means end of day--He then expresses to me: "They rejected the offer. Toldthem to come back to me. "It says "my," but it's "me by EOD""with a realistic number."Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger33211"He agreed to that. He fears she has been convinced to tell2 her story at ABC. And really wants to. I implored my guy to34GET IT DONE." All caps."He's getting back to me."Is that the last text?слANo.10QI'm sorry. I apologize.7A8の1011121314151617181920212223I then respond back to him: "Okay."To which he then responds to me: "We are having a videoconference with her next week to outline the opportunities wewill present to we will present her to sign up with us."I then ask: "Do you know what day?"And he responds to me: "Monday or Tuesday."And I respond again: "Okay. Thank you."Now, why were you pressing for this information fromDylan Howard?A So several things here. One, I wanted to know what thenumber was, because I would have to report that to Mr. Trump.When they stated that they are having a video conferencewith her next week to outline the opportunities, I needed toknow what day, again, so that I could update Mr. Trump, and hecould have all the necessary information.Q Did you also speak to David Pecker around this timeabout how things were moving along in the negotiation with Karen24 McDougal and her lawyers?25AYes.Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/HoffingerLQ Was there some particular pressure that you felt at2 this point that AMI should get this done?3AYes.3322101112131445A106786What was that?There was the campaign, and we were concerned that thisstory was going to find its way to ABC, meaning ABC News.NowMS. HOFFINGER: We can take that down.Thank you.let me direct your attention now to August 5thwell, withdrawn.At some point in August now of 2016, so shortly after thosetexts, did you learn that indeed an Agreement had been finalizedbetween AMI and Karen McDougal?15AYes.16QAnd how did you learn that?17AI was told by David Pecker and Dylan Howard.18QAnd what was your understanding from them about what19202122the terms of that Agreement were going to be?A The terms were going to be compensation to her in theamount of $150,000, as well as they were going to provide herwith 24 penned articles that would bear her name, as well as23she was going to be on two covers of one of the various2425magazines that they owned.And did you have a conversation just between yourselfLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger33231and David Pecker about the parameters of this Agreement with2Ms. McDougal?3AYes.4Did Mr. Pecker tell you that he felt that the Agreement5 was bulletproof?10AYes.78AのAnd what did you understand that to mean?That they got it. That this is locked down. Weprevented the story from being released on ABC News, and10 effectively the story has now been caught.11Q And did you telldid you update Mr. Trump on that12conversation?13AYes, ma'am.1415Q And did you tell him that you had been told by Davidthat the Agreement was bulletproof?16AYes.17What was Mr. Trump's reaction to hearing that anAgreement had been signed and done and that it was bulletproof?Fantastic. Great job.1819A2021Now, did, at some point, Keith Davidson, the attorneyfor Karen McDougal, reach out to you after the Agreement hadbeen finalized with AMI?22232425was?AYes.Were you familiar at that time with who Keith DavidsonLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger33241AYes.23A45and in that story--678And how did you know him at that time?I had worked with Keith Davidson back in 2011 whenthere was a story that was out that dealt with Stormy Daniels,it was on a website called The Dirty.com,that Stormy actually wanted to be taken down and we had workedtogether to effectuate that.To take the story down from The Dirty?9AYes.1011121314Now, let me have you take a look, please, at People'sExhibit 62 in evidence.(Displayed.)By the way, your communications with Keith Davidsonwere also by phone, also by text?15AYes. It was by phone, email, text.1617Did you also sometimes communicate with him on anencrypted application?18AYes, ma'am.19Taking a look at People's 62. Do you recognize that20email?21AI do.2223A24And what was this email about?It's an August 5th, 2016 email sent by Keith Davidsonto me and it states:25convenience."Michael, please call me at yourThanks."Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger33251QAnd was this after AMI had signed the deal with Karen2McDougal?34OT5AYes.And did you end up having a call with Keith Davidsonabout the matter?10AI did.7861011the call?Could you describe, just generally, the substance ofMS. HOFFINGER: You can take that down.Thank you.Q Actually, do you know what, let me just ask you, whenyou received this email, did you then call Keith Davidson1213AI did.14as per his request?15AYes.1617181920Qthe conversation was with Keith Davidson?A Great job. The Boss, I mean, obviously very happyabout it. The matter is now resolved.Did Keith tell you that he had resolved the matter?All right. So tell us, if you would just briefly, what21AYes.222324Q And that was you telling him that The Boss would bevery pleased and thank you and good job?AYes.25What's your understanding of why Keith Davidson reachedLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

12M. Cohen Direct/Hoffingerout to you after this deal was concluded?MR. BLANCHE:Objection.Sustained.33263THE COURT:Now, after AMI finalized the deal with Karen McDougaland paid the $150,000 for the life rights and also for the456other that she was going to be doing, did you have any78910conversations with Mr. Pecker about Mr. Trump reimbursing AMIfor the money that AMI put out?AYes.11121314Tell us a little bit about that?A So David had asked me when he should anticipatereceiving or being paid back the 150 thousand dollars.He needed to get the 150 thousand dollars; that he wantedthe 150 thousand dollars back because it was too much money for15him to hide from the CEO of the parent company.16And he had also just laid out 30 thousand dollars17previously.18192021So he was putting pressure on me to speak to Mr. Trump andto get the money back.Q Did you have several conversations with Mr. Peckerwhere he urged you to try to move it along and get him repaid?I don't know if I would characterize it asAYes. Iurge as much as he insisted.222324Was he upset about it?25AVery.Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

LM. CohenDirect/Hoffinger3327QSo directing your attention now to about September ofDid you have lunch with Mr. Pecker where he pressed you232016.further on that matter?4AYes.слQCan you tell us a little bit about that matter?10ASo he asked me if I would meet him at his favorite78の10111213141516A1718Italian restaurant, and I went to meet with him.And, again, he expressed his anger that: I need to get thismoney back.And I said: Look, Mr. Trump told you that he would pay youback, so he'll pay you back.Did youafter the lunch meeting with Mr. Peckerwhere he was, as you say, upset about not being repaid, did youtalk to Mr. Trump about that?Did you inform him of that?I did.And what did Mr. Trump say, in substance, about DavidPecker's concerns about getting it paid?19ADon't worry.I'll take care of it.2021And did you discuss with Mr. Trump David Pecker'srequest for that money back on one occasion or more than one22occasion?23ASeveral occasions.24QAround the same time, did you have any conversations25with Mr. Trump regarding other stories that AMI may have had inLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger1the past and some concerns about that?2AYes.3328m4510678101011Can you tell the jury a little bit about that?A So David had expressed to me that, obviously, therelationship with Mr. Trump goes back many, many years and thereis a file drawer or a locked drawer, as he described it, wherefiles that relate to Mr. Trump existed.And, at that point in time, David was being considered forthe position of CEO at Time, Inc., Time Magazine.And one of the concerns that I had, that I expressed toMr. Trump, was if he goes, there is a series of papers therethat relate to you.Q And what was your concern, specifically, with respectto those stories and Mr. Pecker leaving AMI?A Well, I didn't know what those stories were, and nobodywas discussing that with me, but that they would be open for121314151617use.18Meaning that other people might get their hands on19them?20A2122Yes. Because we didn't know who the potential CEO orreplacement would be.Q And was Mr. Trump concerned about that at that point as23well?24AYes.25Did you discuss with Mr. Pecker those concerns aboutLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger33291whatever other stories might--AMI might have in that locked2drawer?3AYes.4510678610111213141516AAnd what did Mr. Pecker say?You could technically buy them. We will figure out away for you to take control over them.And around the same time, were you having somediscussions with David Pecker about purchasing from AMI thoselife rights to Karen McDougal's story?AYes. That was all part of the same transaction.Q So, let me direct your attention now to September 6thof 2016.Did you record a conversation that you had with Mr. Trumpabout purchasing from AMI the life rights to Karen McDougal'sstory and these other stories that AMI might have?AYes.1718Now, during the time, the ten years that you worked forMr. Trump, how many conversations with him did you tape?19ANone other.20So this was the only one?21AYes, ma'am.22QWhy did you feel it was important to tape this one232425conversation?Ahe would hear the conversation so that he would know that we areSenior Court ReporterLisa Kramsky,Senior Court ReporterIt was so I could show it to David Pecker, and that wayLisa Kramsky,

M. Cohen Direct/Hoffinger33301--going to be paying him Mr. Trump is going to be paying him2back because it wasit became a regular conversation between34сл10the two of us.That he needed to be paid back?A And I also wanted him to remain loyal to Mr. Trump.QSo how did you go about recording this conversation7 with Mr. Trump?8のAI had my cell phone in my hand, and I put it on voiceAll Apple iPhones have it. And I hit record.And Imemo.1011Q12A13Q14walked in.Walked in where?To Mr. Trump's office.And where did you put your phone when you recorded thisconversation with Mr. Trump?15AIt was in my hand.16Q1718Did you sit down to talk to him? Were you standingwhen you had this conversation with him or were you seated, ifyou can recall?19AI don't recall.2021About how far away were you from Mr. Trump when youmade this recording using your phone?22AOn the opposite side of his desk.232425ΑNo, ma'am.To your knowledge, was Mr. Trump aware that you wererecording this conversation?Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

L23M. Cohen Direct/Hoffinger3331MS. HOFFINGER: Can you hand this to the witness,please.Thank you.451067861011Q I'm handing you a thumb drive that, among otherexhibits, contains People's 246, which is a recording, andPeople's 248, a transcript.(Handed.)THE WITNESS: Thank you.THE COURT OFFICER: You're welcome.Have you previously reviewed that recording, People's246, and the transcript, People's 248, on that thumb drive?Yes, ma'am.Q How do you know that you reviewed those two exhibitspreviously?12A131415ABecause it has my initials on it.16QAnd you say it has--17AI'm sorry.1819initials?would it be the thumb drive?The thumb drive has my initials on it.Okay. And does it also have the date or just your20AIt does.2122232425You don't have to pull out the date, but it has thedate and your initials.Now, People's 246, the recording of that conversation thatyou taped Mr. Trump on, on September 6th, 2016, is that an exactcopy of the original audio recording that you made on yourLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

1phone?2AYes.M. Cohen Direct/Hoffinger3332mсл61011124A10A78AAnd whose voices are on that audio recording?Several people.Who are they?Mr. Trump. Mine. Rhona Graff.When you say "Rhona Graff," was she in and out?--youRhona Graff came in and out, but you hearcertainly hear her voice. She's executive assistant, again, toMr. Trump.Q Now, what generally, before we listen to it, isdiscussed that's on that taped audio recording?13AThat I had been working with Allen Weisselberg in terms14of1516A1718Well, let me stop you a second.I'm sorry.Just in terms of generalities, when you first walkedin, was Mr. Trump on the phone?19AYes.2021Does the audio recording capture some of hisconversation on the phone?22AYes.2324from AMI?And did you discuss partly the purchase of materials25AYes.Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

1M. CohenDirect/Hoffinger3333QDid you also discuss another matter with him before you2 got to that?3AYes.45A10678What generally was that?Charleston. I was referring to a piece of property inCharleston.Okay. Was it also generally a discussion of somedivorce papers10AYes.101112131415that you had with Mr. Trump at the time?A Yes, that's another topic that came up.Is that audio recording, People's 246, a true andaccurate representation of the conversation you had withMr. Trump on that day, on September 6th of 2016?16AYes.QOkay. Now, I mentioned a transcript, People's 248,that you also reviewed on that thumb drive.Did you compare that closely with the recording of theconversation?17181920AI did.21Now, is that transcript just a portion of what's on the22 recording?23AYes.24And is it――does it reflect the portion of the25recording related to the purchase of those materials from AMI?Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

L23M. Cohen Direct/Hoffinger3334AYes, ma'am.And is that transcript a true and accuraterepresentation of that portion of the conversation regarding thepurchase of materials from AMI?Yes, there was one change that was made to one word.5A10QOkay. And is what is currently the transcript that you7reviewed--8AYes.1010that you reviewed carefully against the tape, is ittrue and accurate in terms of the words that are spoken by both11 yourself and Mr. Trump?12AYes, ma'am.13MS. HOFFINGER:I would like to now play, please,1415one time through for the jury, People's 246.And if we can play it once in its entirety. Thank16you.17(Audiotape played in open court at this time.)1819QNow, Mr. Cohen, let me ask you, the first two minutes202122A232425or so of the conversation were not related to the Karen McDougalmatter; is that right?That's correct.That's when Mr. Trump was on the phone and when youwere talking to him about some other divorce papers andCharleston; is that right?Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

L23OT10M. CohenDirect/HoffingerAYes,as well as Pastor Mark Burns.3335portions.So, I'm now going to ask for us to listen to just someWe are going to stop and start it. I'm going to askyou a few questions.MS. HOFFINGER:So, if we could play now therecording from minute 2 and 4 seconds to 2 and 15 seconds.And then I will ask you a few questions.78610time.)(Audiotape being played in open court at this11QFirst of all, who is "our friend David?"12AIt's referring to David Pecker.13QAnd what did you mean by "I need to open a company14regarding the transfer of all that information."15What were you talking about?16171819A Well, to open up an LLC, and the LLC would be thebeneficial owner of all of the information that was contained inthat drawer that David was referencing.Q And all that information, including also the KarenMcDougal matter?2021AAs well as the Karen McDougal matter.22QWhat was the reason for talking about opening up a23company?24AIn order to have separation. Keeping it away from25Mr. Trump.Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

1M. Cohen Direct/Hoffinger3336QNow, why was it important to keep it away from2 Mr. Trump, the purchase of that information?3A For privacy purposes and for the benefit of Mr. Trump.4Hmmm.5Now, you didn't refer to Mr. Pecker by his full name;1112131415106786you just said "David."Why didn't you use his full name?And was this sort of typical for this conversation?It wasn't necessary. Mr. Trump knew who I wasA10 referring to.It was an ongoing conversation that we had been having.MS. HOFFINGER: Can we play now the recording from2 minutes and 15 minutes to 2 minutes and 21 seconds.Thank you.(Audiotape being played in open court at this16time.)17*1819You mentioned within your conversation with Mr. Trump"Allen Weisselberg?"20AYes.2122Who was he at the time?A Allen Weisselberg was the Chief Financial Officer of23the Trump Organization.2425Q And why did you tell Mr. Trump that you were setting upthe LLC and discussing it with Allen Weisselberg?Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger3337LABecause Mr. Trump had previously directed me to speak2 with Allen Weisselberg about getting this matter handled.3Q And why were you letting Mr. Trump know that you had4 been in discussion with Mr. Weisselberg about this?51067A Because we are going to need money, and we are going toneed to open up the LLC and to resolve this issue.And Mr. Weisselberg's role at the time, you said,8was6AChief Financial Officer. He handled all of the10111213141516171819202122232425finances.It wasevery penny that came in or out went throughAllen's office.And so, this was partly why Mr. Trump directed you towork with him, and this was not unusual for you to work withMr. Weisselberg on financial matters regarding Mr. Trump; isthat right?ACorrect.Now, what did you understand Mr. Trump to mean when hesaid "what do we have to pay for this? What do we got to payfor this?"A We were referring to the $150,000 that was advanced byAMI in order to purchase the life rights of Karen McDougal.QSo, when Mr. Trump said: "What do we got to pay forthis? One fifty?" What was your understanding about the stateof Mr. Trump's knowledge at that point about how much money itLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger1was going to take to purchase this?234MR. BLANCHE: Objection.THE COURT: Overruled.A He already knew, based upon conversations with David,5 which is why he mentioned the number "150."1078のMS. HOFFINGER: Now, can we play the rest of thetape through.Just to the end.Thank you.(Audiotape played in open court at this time.)103338111213A14QNow, what was the significance of "all that stuff" thatwas mentioned?"All that stuff" is referencing the information thatDavid Pecker had accumulated over the years of Mr. Trump that15was in that alleged locked door--or drawer.16QAnd including also the Karen McDougal story?17A And including Karen McDougal.18Now, what was the conversation about "someone may be19getting hit by a truck."2021What was that about it?A As I had said before, Allen Weisselberg was being22considered--I'm sorry. I'm sorry.David Pecker was being2324considered for the CEO position of anotherthe concern was the information, so "all the stuff" refers toof Time Inc., and25that.Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger3339Now, you mentioned the word "financing," and Mr. TrumpLQ2asked youabout that.3Can you explain that?4A5That was not the best usage of the word, what I reallymeant was funding, not financing.106Q And what did you mean by what you had--what needed to7be funded?8A How much money needed to be paid.10QPaid to who?10APaid to David Pecker, AMI.11Okay. And is that what you understood by, "We willhave to pay him something?"1213AYes.14QBy "we have to pay him something?"15AYes.1617181920What did you understand Mr. Trump to mean by saying,"Pay with cash?"A Well, to pay in green, which would, obviously, be oneway to avoid any type of a paper transaction, but that's notwhat I thought was the best way to do it.21And so,is that why you said, "No?"22A23Correct.MS. HOFFINGER: Did you want to take a break, your24Honor?25THE COURT:It's up to you.Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger3340L234OT1078ထ610Is this a good time?MS. HOFFINGER:Yes.THE COURT: Okay.MS. HOFFINGER: Thank you.THE COURT: All right.Jurors, let's go ahead and take our morning recess.I will see you in about 15 minutes.You may step out.THE COURT OFFICER: All rise.(Jury exits.)1112131415THE COURT: You may be seated.Sir, you can step out.THE WITNESS: Thank you.(Witness excused.)161718(Recess taken, after which time Principal CourtReporter Susan Pearce-Bates relieved Lisa Kramsky as the19official court reporter.)20*2122232425Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

1234M. Cohen Direct/Hoffinger3341(Continued from the previous page.)LIEUTENANT: All rise.Part 59 is back in session.THE COURT: Mr. Blanche, in the past my practicehas always been when there is a tape or something like thatLO56produced into evidence, I normally give some sort of7limiting instruction along the lines of, Jurors, I just89101112131415Thewant you to know that the transcript is not evidence.transcript is just an aid to assist you and it is the tapethat is evidence.No one has requested that instruction.Do you want to leave it like that, or would youwant me to give it?MR. BLANCHE: We would.MS. HOFFINGER: I believe the transcript is in16evidence.1718192021THE COURT: It is in evidence as an aid, and I amgoing to give that instruction.MR. BLANCHE: If your Honor can give it evenright now, since we finished that part of the testimony,that would make sense.22THE COURT: Sure.232425Let's bring the witness back, please.LIEUTENANT: Witness entering.(Whereupon, the witness entered theSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

1M. Cohen Direct/Hoffingercourtroom and was properly seated.)3342234COHEN,5MICHAELTHE COURT: You are still under oath, Mr. Cohen.THE WITNESS: Yes, sir.herein, called as a witness, being previously sworn, was6examined and testified further as follows:7THE COURT: Let's get the jury, please.89101112LIEUTENANT: All rise.Jury entering.(Whereupon, the jury entered the courtroomand was properly seated.)THE COURT: You may be seated.13THE CLERK:Case on trial continued.1415161718a transcript.1920212223All jurors are present and properly seated.THE COURT:before we continue with the testimony.You heard the tape played and you have also seenI just want to remind you that the evidencein the case is the tape itself. The transcript has beenoffered to you merely as an aid to assist you inunderstanding what is in evidence, and that is the tape.The transcript is also in evidence, but, again,it is the tape itself that is the evidence.Jurors, just one quick instruction24MS. HOFFINGER:Thank you, your Honor.25CONTINUED DIRECT EXAMINATIONSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger33431BY MS. HOFFINGER:23Now, Mr. Cohen, when we ended off before the break, Iwas asking you about Mr. Trump saying something about paying in4cash.5Why did you think it was a bad idea for Mr. Trump's6suggestion that this be paid in cash?789101112A Because we needed to acquire the information, thedocuments, and I believed that the proper way to do it would beby check and make it appear to be a proper transaction.Now, at the end of the tape it cuts off, and there isa voice that's heard at the end of the tape before it cuts off.Whose voice is that?13AIt's my voice.14And what do you recall about why that recording cut1516off that way with your voice?ABecause I received an incoming phone call.And what do you understand you were saying in that171819Alast piece when you hear your voice?Hello, are you there?20Now, why did you--when you tried to take that call,2122you said the incoming call you thought was coming in, did therecording of your conversation with Mr. Trump end at that23point?24AYes.25And why did you try to take that call instead ofSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger33441continuing to tape the conversation with Mr. Trump?2A3I must have believed it was an important phone call.Was there another reason also that you were4 comfortable ending the tape?5AYes.७78Tell us about that, please.AI didn't want to record more. I already had enough9101112131415that I would have been able to show David Pecker so as toconvince him that he was going to receive the $150,000 back.MS. HOFFINGER: Now, let's put up, please, forMr. Cohen, what's in evidence, a page from People's Exhibit400. The page that's Bates ending 2726, please.(Displayed.)Now, Mr. Cohen, have you had a chance to review thisrecord, this AT&T record regarding your call history?And do you recognize it to be an AT&T record of callsto or from your cell phone ending in 0114?16AYes.171819AYes.202122AYes.23Does it appear to show an incoming call at around thetime that your recording of Mr. Trump cuts off?24And does that record indicate a call at around thattime that looks like it came in and perhaps went to voicemail?25AIt says so, yes.Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger1233345And do you recall when you tried to pick up that call,do you recall whether it connected or went to voicemail?AI don't recall.45७MS. HOFFINGER:You can take that down, please.Can we take a look now at a page of what's inevidence as People's Exhibit 263, a page with a Batesending 69559?78910(Displayed.)Does that appear to be a contact from your phonerecords, from your phone contacts?11AIt is.1213Have you had a chance to review that against thoseAT&T records?14AI have.151617And does that indicate the number or the person who isattached to the number of that incoming call at around the timethat the recording cut off?18AIt does.19202122And who does that number come back to, according toyour contacts?A It comes back to Kathy Battle, who is the BranchManager over at Capital One Bank.23So, it is your understanding that that was the call24that came in25AYes.Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffingerbased on the review of these records?12AYes.3346101112345167MS. HOFFINGER: You can take that down.Thank you.Q Now, after the audio ended, you ended the audiorecording by trying to pick up this call, did you continue someconversation with Mr. Trump?8A9Yes.And what was the gist of the conversation that youcontinued with Mr. Trump after the recording ended?A I am going to head over to Allen Weisselberg's office,and I will get back to him with more of an update.13So, was there a really substantial conversation after14the end of that taped recording?15AYes.16And when you say, yes, was it a substantially long17conversation?18ANo, it was not substantial.19And at that point, as you--withdrawn.202122You mentioned that the point of this recording was SOthat you could convince Mr. Pecker that Mr. Trump had agreed torepay the money?23ATo appease him that he was going to receive the money24back.25Was there any reason to have any real furtherSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffingerconversation with Mr. Trump about this at that time?MS. HOFFINGER: Now, I am going to ask you toplease put up People's 247 also in evidence.12ANo.34567891011(Displayed.)3347Now, Mr. Cohen, this is metadata from your phonethe audio tape of your conversation withregarding the tapedMr. Trump on September 6th of 2016.I want to ask you a question.1213After you made that audio recording using your phone,did you ever alter that recording?ANo.And is that recording exactly the same as the day thatyou made it on September 6th of 2016?1415AYes.1617181920MS. HOFFINGER: You can take that down.Thank you.Now, I want to go back to your conversation withMr. Trump on that audio recording where you mentioned havingspoken with Allen Weisselberg about setting this whole thing21up.22Do you remember that?23AI do.24I just want to go back to you--was it typical for25you to discuss financial matters with Allen Weisselberg?Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffingerfinancial matters with Allen Weisselberg.33481AIt was typical, too, for everybody to discuss234A56And that was why?Because he was the Chief Financial Officer of thecompany and was a long serving, loyal employee to Mr. Trump.was Mr. Weisselberg, to your knowledge, inAnd so,charge of the finance and accounting functions at The TrumpOrganization?789AYes.1011One additional thing.Yes, sir.12AIt was also because Mr. Trump would direct me to go1314speak to Mr. Weisselberg.Was that unusual either15ANo.16to direct you to speak to Mr. Weisselberg about17 financial transactions?18ANo.Did--1920to your understanding, did Mr. Weisselbergreport directly to Mr. Trump at The Trump Organization?21AYes.2223And I think you said Mr. Weisselberg was along-standing executive employee there for many years?24AYes, ma'am.25Where was Mr. Weisselberg's office located in relationSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger33496789101112345to Mr. Trump's office?AAlso on the 26th floor, towards the back.Whose office was closer to Mr. Trump's, yours or Mr.Weisselberg's?A Well, initially, it would have been pretty similar,but the second office that I moved into, I was.Q What was your relationship like with Mr. Weisselbergat the time?AIt was very good.And did you observe how frequently Mr. Weisselberginteracted with Mr. Trump?12AYes.1314A15161718And what did you observe?It was a regular basis.And from your experience working at The TrumpOrganization, would a deal of this magnitude, a $150,000 deal,have been done at The Trump Organization without AllenWeisselberg?19MR. BLANCHE:Objection.2021ANo, not22232425THE COURT: Overruled.it wasn't even a deal of this magnitude.It was any deal would end up going through Allen. Allenhandled all the finances coming in and out.Can you describe, generally, the conversation you hadwith Mr. Weisselberg about the McDougal transaction?Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger3350A So, I went to Allen's office. I expressed to him thatwe need funding of $150,000 to consummate this transaction.Allen then said to me: Well, if we do it from a Trumpentity, that kind of defeats the purpose because the point isnot to have the Trump name affiliated to this at all. It'sreally to create a barrier.And so, he asked me to think about ways that we couldraise the $150,000.1234567891011121314ANo.1516171819202122232425Before we get to that for a moment, in terms ofopening up a separate LLC to handle it, did you have aconversation with Mr. Allen Weisselberg about that?MR. BLANCHE:Objection.THE COURT: You can answer.I just told him I was going to open up a LLC.Was there a discussion about doing that to make itmore difficult to track directly to either Mr. Trump or TheTrump Organization?A It was in order to keep it separate.And, approximately, how many conversations do youthink you had with Mr. Weisselberg about the McDougaltransaction?A Maybe 10, 12.Now, did there come a time that you had someconversations and began working with someone named DanielRotstein associated with AMI in terms of effectuating thisSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger33511transfer of the rights from AMI to an LLC?2AYes.34A56And who was Daniel Rotstein, to your knowledge?He is an employee over at AMI.And, by the way, you had Mr. Rotstein's contact inyour phone as well?7AYes.8And did you communicate with him by phone?9AI did.1011A1213And by email?Yes.Did you also on some occasions communicate with him byencrypted applications?14AI believe so.1516A171819202122A2324And why did you do that with him?In order to keep the matter secret.MS. HOFFINGER: So, let's show now, please, justto the witness, the Court and counsel, People's Exhibit,209 for identification.(Displayed.)Do you recognize that document on your screen, sir?I do.What do you recognize it to be?A This is a communication from Daniel Rotstein to me by25encrypted app Signal.Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger3352Are those a variety of communications over a number ofdays with Mr. Rotstein?123AYes.45AYes.By encrypted app Signal?6Is this an exact copy of those communications betweenyourself and Mr. Rotstein using that encrypted app on the datesthat are reflected in this record?MS. HOFFINGER: I offer People's Exhibit 209 in789AYes, ma'am.1011evidence.121314151617MR. BLANCHE: No objection.THE COURT: Accepted into evidence.(Document so received in evidence.)(Displayed.)MS. HOFFINGER: Thank you.Let me direct your attention to the first--sorry, to192018 September 7th of 2016. There is a text at 8:34 a.m.MS. HOFFINGER: Thank you for blowing that up forthe jury to see and for Mr. Cohen to see.21Can you read what's in that communication and explain22what it is?232425AThis is just the communication from Daniel Rotstein tome stating, please find possible names, and he listed fivedifferent possible corporation names that he was going to useSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger33531as the recipient of the Assignment Agreement.23Q And what is the date of that first communication thatMr. Rotstein had with you?4What date was that?5A678910September 7th of 2016.And was that just one day after you had taped theconversation with Mr. Trump about setting up an LLC to purchasethe information from AMI?AYes, ma'am.1112So, you started working with Mr. Rotstein promptly thenext day on that matter?AYes.13Just to clarify something, People's 209 are14 screenshots or photos of the communications you had with Mr.It was a screenshot sent to me, yes.Now, you mentioned an Assignment Agreement.What is the Assignment Agreement that he wasreferencing there?15Rotstein?16A1718192021222324AYes.25A What he was referencing was to assign the life rightsof Karen McDougal to the LLC entity that was being created.So, it would be an assignment from AMI to the companythat you set up?MS. HOFFINGER: Now, if we can scroll down just aSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

1little bit.23M. CohenDirect/Hoffinger(Displayed.)Do you see some additional calls in Septemberfollowing that communication?335445AYes.678And then I will just ask you to read the communicationon September 30th.MS. HOFFINGER: And if we can blow that up.9(Displayed.)10ASeptember 30th of 2016, approximately--well,111:36 p.m.:1213I will be at your office in a few minutes.And do you know what that communication was about?14AYes.1516A171018A192021222324What was it?It was about the Assignment Agreement.Was there a plan to sign it on that day?Yes, ma'am.MS. HOFFINGER: We can take that down.Thank you.I want to now show to the witness People'stothe witness, counsel and the Court only, People's Exhibit210 for identification.(Displayed.)25QDo you recognize that document?Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger3355७789What do you recognize it to be?1AI do.23A45It is an email from Daniel Rotstein to me on September23rd of 2016.MS. HOFFINGER: Can we scroll down to the nextpage of that exhibit?(Displayed.)What is attached to that exhibit?Do you recognize it?10AI do.11Is it a Form Assignment of License Agreement?12AIt's a non-filled in Assignment of License Agreement.1314And other than the redactions that are in the email interms of redacting email addresses, is this an exact copy of an151617email from Mr. Rotstein to you on September 23rd of 2016,attaching that non-filled in Form Assignment of LicensingAgreement?18AYes, ma'am.19MS. HOFFINGER: I offer People's Exhibit 210 in20evidence.2122232425now, please?MR. BLANCHE: No objection.THE COURT: 210 is accepted into evidence.(Document so received in evidence.)MS. HOFFINGER: Can we display that for the jurySusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

12345M. Cohen Direct/Hoffinger3356Can we look at that second page?(Displayed.)Is that an assignment template agreement thatMr. Rotstein had mentioned in his messages with you earlier onthe screenshot exhibit, the screenshot messages?AIt is.7Q89101112Now, did you go aheadMS. HOFFINGER: You can take that down.Did you go ahead and form the LLC, the company, thatwas going to handle the payment to AMI for the life rights toKaren McDougal's story?AYes.13And, at the time, what was the name of the companythat you formed to handle that transfer of rights?Resolution Consultants LLC.MS. HOFFINGER: And can we put up now, just forthe witness, counsel and the Court, please, People'sExhibit 215 for identification.1415A161718192021AI do.2223A(Displayed.)Do you recognize this document?2425What do you recognize it to be?It is an email from Patty, who is an employee over atDelaney Corporate, an entity that incorporates for you, to mewith the attachment Resolution Consultants LLC, and it statesSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffingerthis is what I would submit for filing.Q And does she attach a Certificate of Formation for1234AYes.Resolution Consultants to be filed?335715067Other than some of the redactions to the email, isthis an exact copy of the email with the attached Certificateof Formation for Resolution Consultants that you received from8Patty at Delaney Corp. on that day?9AIt is.10MS. HOFFINGER: I offer in evidence People's11Exhibit 215.12131415161718MR. BLANCHE: I have no objection.THE COURT: Accepted into evidence.(Document so received in evidence.)MS. HOFFINGER: Thank you, your Honor.You can show that to the jury now.(Displayed.)What is the date of formation of Resolution19 Consultants LLC?20A21September 30th of 2016.What was your purpose on September 30, 2016 of forming22 Resolution Consultants?A To use this entity for the assignment of the McDougal2324matter,2525as well as the other information.MS. HOFFINGER: You can take that down now.Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger3358Can we now put up People's Exhibit 162, which is(Displayed.)Do you recognize that document, sir?12in evidence?345AI do.16What is that?7AThis is an executed Assignment of Licensing Agreement8between AMI as the signer to Resolution Consultants LLC dated910September 30th of 2016, and executed by David Pecker andmyself.11And that's your signature there?12AIt is.1314A151617A1819202122232425And do you recognize David Pecker's signature?Yes.Can you just describe for the jury, generally, whatwere the terms of this Assignment Agreement?As it states in the document:For good and valuable consideration, the signer doeshereby sign and transfer to the assignee, successors andassigns all of his rights, benefits and obligations to thelicense agreement.Just, in general, without reading it for the jury,there is a lot of legal language in there, does it representthe transfer of those rights from AMI to ResolutionConsultants?Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger123456789101112133359AYes.The transfer of the McDougal life rights, aswell as the other documents.Now, why does this agreement reference $125,000instead of $150,000, which was the payment to Karen McDougal?A So, David had expressed to me that we are going toreduce it from 150 to 125, on the basis that 125 was going torepresent the life rights because they were engaged with KarenMcDougal for two covers, as well as 24 penned articles; thatthe compensation to her for that was going to be $25,000.That's what they would have on their books claimingtheir contract with her was for.Q Now, at this time, when you worked out this AssignmentAgreement with AMI, between AMI and Resolution Consultants, hadyou and Allen Weisselberg yet worked out the logistics of wherethat $125,000 was going to come from?141516ANo.1718And who did you understand was, ultimately, going topay the $125,000 for the life rights to that material?19AMr. Trump.20Were you planning on owning the life rights to that21story?22ANo, ma'am.23Why not?24AI had no reason to ownno need to own the life25rights.What I was doing, I was doing at the direction and forSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger3360Q Now, in signing that agreement, around the time that1the benefit of Mr. Trump.2345you signed that agreement with AMI, did you have a conversationwith Mr. Trump about doing so?७AYes.MS. HOFFINGER:Can we put up, please--you cantake that down and put up People's Exhibit 349 andreference the call between Mr. Trump and Mr. Cohen onSeptember 29th of 2016.78910111213141516A17(Displayed.)Do you see a call there, sir, for about seven minutesand fourteen seconds?1819202122AYes.And what did you discuss--what do you think youdiscussed on the phone with Mr. Trump during that call?The Karen McDougal matter.And did you discuss with him, specifically, whetheryou were going to be signing this agreement and finalizing theassignment rights?AYes. I gave him a complete and total update oneverything that transpired the day before.Why did you speak to him the day before you signedthat agreement?2324A25Because it was when I was speaking with David Peckerregarding the transfer and the assignment.Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger3361Did you want to let him know that you were getting it12done?3AYes.4MR. BLANCHE:5Objection.16789ATHE COURT: Sustained.Why did you speak to him the day before you signed it?In order to let him know that it was being taken careof, that the matter was going to be resolved, and thisconversation, obviously, to let him know that it is being10resolved.1112MS. HOFFINGER: You can take that down now.Can you please put up People's Exhibit 161 in13evidence?1415(Displayed.)Do you recognize this document, Mr. Cohen?16AI do.1718A192021What is it?This is a document. It is, as stated, an invoice fromInvestor Advisory Services Inc., with an invoice number of2016-203, dated September 21st of 2016.Did you receive this document at some point?22AYes, I did.2324A25Who did you receive it from?I believe Daniel Rotstein.What did you understand was the purpose of thisSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger33621234document?AThe purpose was to reflect $125,000 that was for theassignment.Was it an invoice for the payment of that 125?5AYes, ma'am.678910A11services.And let me direct your attention to the description ofIt says, flat fee for advisory services for $125,000.Do you see that?I do.Was that description a truthful description about this12 transaction?In truth, what was the $125,000 payment supposed to beFor the life rights of Karen McDougal.And what's your understanding about why you got aninvoice, or why this invoice was from a company called,Investment Advisory Services instead of AMI directly?13ANo, ma'am.1415for?16A171819202122232425QA I never knew who they were. I still, to this day,don't. It was clearly just to create separation in order tomask the transaction.MS. HOFFINGER: You can take that down.Thank you.Now, ultimately, you signed this Assignment AgreementSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger1and you received this invoice.2345163363Ultimately though, did the company, ResolutionConsultants, end up purchasing the Karen McDougal materials andthe other materials from AMI?ANo.What happened?7AWell, David Pecker contacted me, and stated that it8was no longer necessary to have Mr. Trump pay the $125,000.9I asked him, why?Satisfied, because now I would10111213report to Mr. Trump that he wouldn't have to pay that amount ofmoney, which would make him happy.And the reason was because the Karen McDougal frontcover on Men's Health magazine had sold more copies than they141516had not only anticipated, I think that they had everthe wayDavid expressed it to me, that they had ever sold, and they hadmade a lot of money on that. And that it was no longer--17necessary because he didn't need to bury the $125,000.1819He also then had a second cover to use McDougal on, aswell as the 24 additional articles that she was--that was20going to be penned with her name on it.2122So, he felt that it was, even for the 150,000, it wasan excellent business deal.23Did he tell you what to do with that Assignment of24Rights Agreement that you had signed?25AHe did.Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger1What did he tell you to do?2AHe told me to rip it up.Forget it.3364345Did you update Mr. Trump after that phone call aboutwhat David Pecker had told you about ripping up the agreement?AYes.७7A89A10111213And what was Mr. Trump's reaction?It was great.Why did you understand, it was great?He doesn't have to pay 125 or $150,000.Did you have some understanding of what might happento the other materials that you discussed with David Pecker interms of the locked drawer and the other materials that wereout there?14AYes.1516171819What was your conversation or understanding about whatwould happen with those?A David was not being considered for Time Magazine so,he was going to stay at AMI and that there was no need to doany transfer.2021Plus, he also didn't believe that any of the documentsthat existed in that locked drawer were detrimental to222324Mr. Trump.Now, in total, approximately, how many conversationswould you estimate you had with Mr. Trump about the purchase of25Karen McDougal's account and story?Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger33651AQuite a few.2Q3or both?And were those conversations on the phone, in person4ABoth.567And, in total, approximately, how many conversationsdo you think you had with AMI, with David Pecker and DylanHoward, about the Karen McDougal deal?8AAlso a substantial amount.9101112By the way, did you ever play for Mr. Pecker therecorded conversation that you had with Mr. Trump where he saidhe understood that he would have to pay the $150,000?ANo.131415AWhy not?He didn't ask me to. I had told him that I had spokento Mr. Trump and that he is going to do it. I told him I16could, but I just never played it.17In other words--withdrawn.1819After the conversation you had with Mr. Trump, thatyou taped on September 6th of 2016, did you move promptly ahead20the next day with Daniel Rotstein to finalize the agreements21then?22AYes.2324Was there any need to play that recording forMr. Pecker?25ANo.Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/HoffingerI would like to direct your attention now toOctober 7th of 2016.1234A5Do you remember where you were on that day?Yes.Where were you?७AI was in London.7How do you remember that you were in London?8AWell, I went to London for my daughter's 21st933661011birthday, as well as for my anniversary.And while you were in London, did you become aware ofthe release of what's known as the Access Hollywood tape?12AYes.1314And how did you become aware of that tape coming outor that it had come out?15AI received a phone call.16Who did you receive a phone call from?17AFrom Hope Hicks.18Who was Hope Hicks at the time?19AHope Hicks was Communication Director for the Trump20212223campaign.Do you also recall receiving, at around that time, anemail from Steve Bannon about the potential release of theAccess Hollywood tape?24AYes.25And who was Steve Bannon at the time?Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger1ACampaign Manager for the Trump campaign.23Q Did you have Mr. Bannon's email and contactinformation in your phone?4AYes, ma'am.53367७7MS. HOFFINGER: Can we take a look now, please,just for the witness, counsels and the Court, People'sExhibit 218?8910A11121314as1516(Displayed.)--Do you recognize do you recognize this email?I do.And who is this an email between, between you andsomeone else?AThis is an email between me and Steve Bannon, as wellBannon, as well as Hope Hicks, Jason Miller, KellyanneConway, Dave Bossie.Was this an email that was forwarded to you from Steve17Bannon?18A19Yes.Does it relate to the release of the Access Hollywood20tape?21A2223It does.And is it a true and accurate copy of the email andthe forwarding of the information from Steve Bannon to you?24AYes, ma'am.25MS. HOFFINGER: I offer in evidence now the restSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger1of People's 218. Part of it was previously in evidence,2now the entire exhibit.345७MR. BLANCHE: Just the same objection before.THE COURT: Noted.Accepted into evidence.(Document so received in evidence.)33687MS. HOFFINGER:Can youyou can put that up on8the screen.9Can we start at the bottom of the email, which1011121314A151617181920212223would be the earliest email.(Displayed.)Q And can you tell the jury what you understand thisbottom email to be?Yes. This is an email from David Fahrenthold of theWashington Post dated Friday, October 7th, 2016 at 1:29 p.m.,and it's to Hope Hicks with the subject matter of, Urgent,Washington Post query.And just, in general, what is he communicating to HopeHicks, and what is he asking her for?AHe is asking her for comment in regard to the leak ofthe tape from Access Hollywood.And is there a transcript of the Access Hollywood tapeattached to the email from David Fahrenthold to Hope Hicks?24AThere is.25And is David Fahrenthold in that email asking for someSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger33691comments from Hope Hicks?2AYes, ma'am.34And does Hope Hicks then forward that email to someother folks?5AShe does.And who does she forward it to?She sends it to Jason Miller, David Bossie, KellyanneConway and Steve Bannon.7A8910AWhat were those people's roles at the time?12131411All of them had roles at the Trump campaign.And then, following, what does Hope Hicks say in thatemail that she forwards on to those folks involved in thecampaign?A Need to hear the tape to be sure. Then followed by,15deny, deny, deny.16And is that does that get forwardednow, as we17scroll down, does that now get forwarded by Mr. Bannon on to18you?19AYes, ma'am.2021222324And can you readMS. HOFFINGER: Or if you can blow it up.Thank you.(Displayed.)Mr. Cohen's email to Steve Bannon saying, please25call me?Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger33701ACall me.23A45७7And why did you ask Mr. Bannon to call you?Because I wanted to ensure that things were beingproperly taken care of in order to protect Mr. Trump.MS. HOFFINGER:And can we scroll up to the nextemail by Mr. Cohen when he asks about damage control.(Displayed.)Can you read your email, Mr. Cohen?Yes, ma'am.Again, it's from me to Steve Bannon, October 7th,Urgent, Washington Post query.89A101112131415A16And my statement to him, my text to him, it's all overthe place. Who is doing damage control here?Why is it that you asked that of Mr. Bannon?In order to protect Mr. Trump.Were you concerned about the impact of what this tapemay have on Mr. Trump's campaign?AYes.MS. HOFFINGER:171819202122right?23A2425Thank you.You can take that down.Now, on October 8th you were still in London, is thatThat's correct.And while you were in London, did you have severalcalls with Hope Hicks about this matter, the Access HollywoodSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger1tape?2A34A516I did.And some other matters as well?Correct.Did you have her cell phone information in yourcontacts as well?33717AI did.8And you used that to communicate with her?9AYes, ma'am.1011At one point, did Mr. Trump join a call with yourselfand Hope Hicks?12AYes.13On that day, on October 8th?14AYes.151617And did you also have another separate call withMr. Trump on October 8th of 2016?Let's put up People's Exhibit349, please, and the two calls between Michael Cohen andAYes.18MS. HOFFINGER:1920212223Mr. Trump on 10/8/16.(Displayed.)Does that accurately reflect the two calls that youhad with Mr. Trump on the evening of October 8th of 2016?24AIt does.25And do you remember do you have a separate memorySusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger33721234150७Aof where you were and what you were doing when you had thesephone calls with him?AYes.78A910A1112131415What were you doing?I was with my family and friends in London.London.Were you having dinner?I was.Did you step out to take these calls?I did.And what, if any, discussion do you remember withMr. Trump about the Access Hollywood tape and the strategy fordealing with it?AHe wanted me to reach out to all of my contacts withthe media. We needed to put a spin on this. And the spin that16he wanted put on it was that this is locker room talk,17something that Melania had recommended,or at least he told me18that that's what Melania had thought it was. And use that in19order to get control over the story and to minimize its impact20on him and his campaign.21And what, if anything, did you do at that point to try22to assist the campaign with that effort?23AI reached out to members of the media.24And, in addition--when you say you reached out to25members in the media, did you have conversations with them?Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger1AI did.23Q Along the lines of the conversations of how tominimize the impact?45MR. BLANCHE:Objection, your Honor.THE COURT:Sustained.3373७You mentioned that you reached out to the press.Did members of the press also reach out to you?Yes.And did you have conversations with the press aboutthis matter?AI did.What was your understanding about why the pressreached out to you about this?Well, sum and substance of the recording is quitedamaging and they wanted comment.78A91011121314A1516171819202122232425QAnd were you somebody that they fairly frequently cameto and asked for comment on matters related to Mr. Trump?AYes.MS. HOFFINGER:Can we now, please, show can--we take that down and show People's Exhibit 257 inevidence?And can we blow up the communications, the texts,on October 8th of 2016?(Displayed.)First, Mr. Cohen, do you recognize these texts?Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger33741AI do.2Who are they with?3AThese are text communications between myself and Chris4Cuomo.56At the time he was an anchor, journalist with CNN.contacts?And did you have his cell phone number in your7A89Yes, ma'am.And did you use that number to communicate with him byphone or text?10AYes.11And do you recall these texts with Mr. Cuomo at the12time?13A1415actually.I do.Can I direct your attention, I think we have them up,1617The five texts on October 8, 2016, could you readthem, please, for the jury?18AYes, ma'am.19On October 8, 2016, I received a text message from202122232425Chris Cuomo stating, you going to defend him?I then responded back, I am in London.To which I think I also stated, I have been asked byeveryone to do shows starting Tuesday.And Tuesday was when I would be back in New York.I then followed through and said, not sure what I willSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger3375And Chris Cuomo's comment back to me, will be tooHe is dying right now.And by, he, he meanthe was referring to Mr. Trump.What was your understanding about what that meantthat, he is dying right now?1do.23late.45678910that time?1112AThat this is a tremendously negative story in regardto the Trump campaign.And about how long before the election was this at13A Approximately, a month.And was this one example of some communications youhad at the time with members of the press about the AccessHollywood tape?Yes, ma'am.What did you understand as a result of thosecommunications and others about the impact of the AccessHollywood tape on the campaign?1415A16171819202122232425MR. BLANCHE: Objection.THE COURT: Sustained as to form.Please rephrase.Did you have an understanding at the time, based onall of these communications, about the potential impact of theAccess Hollywood tape on Mr. Trump's campaign?MR. BLANCHE:Objection.Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger1THE COURT: Overruled.2AYes.34A5७7What was your understanding?That this was going to be significantly impactful,especially with women voters.MS. HOFFINGER: Thank you.You can take that down.Can we now put up People's Exhibit 167 in337689evidence?1011(Displayed.)Do you recognize this email?12AI do.13Can you explain--first, tell us who the email is14151617181920with, who it's between and what it is about?A2016, to me with a CC to David Pecker.The subject line is, Link.It says, Evening. The only story was this posted inOctober of 2006, before AMI owned it, and he is referring tothe old Radar Magazine.So this is an email from Dylan Howard on October 8,21The tape was not part of the story that existed22online. I suggest it would have been lost during the many site23 changes over the years.24Nevertheless, I have deleted the text story.It no2525longer exists.And he attaches a hyperlink of that story.Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger337712345Tell the jury what that's about, if you can flush thatout a little bit.A The title of it was Donald Trump, Playboy Man, and ittalks about the audio clip, recorded phone conversation betweenTrump and gossip, Chaunce Hayden, stating that it provides some6glimpse into just how exacting the real estate blowhard7standards are regarding women.89So, let me ask you a question.Did you learn at some point that there was thisarticle called, Donald Trump, Playboy Man on Radar Online?1011AI did.1213A14151617Who owned Radar Online?At the time I didn't know. At the time I made thecommunication, it was AMI in control of David Pecker.Q And when you found out about this article being up onRadar Online, did you ask David Pecker or Dylan Howard to dosomething about it?18AYes, ma'am.1920A2122232425AWhat did you ask them do to?Immediately take it down.Why did you ask them to take it down?Because it was negative to Mr. Trump. It would impactthe campaign.Were you concerned about the release of thisinformation, in particular, because of the release of theSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger33781Access Hollywood tape?2AYes.34And so, you said Dylan Howard, as referenced here,took the article down, is that right?5AThat's correct.67And did you update Mr. Trump to let him know that thatarticle had been taken down?8AI did.910Do you believe that you communicated that to him inone of the phone calls you had with him on October 8th of 2016?And why did you tell him?I told him for, again, so he would know that the task,or the situation has been handled, to get credit for it becausehere I am in London with my family for two important events, mydaughter's 21, my anniversary, and I wanted David Pecker to getcredit as well.11AYes.1213A141516171819202122AYes.2324AYes.25MS. HOFFINGER:Thank you.You can take that down.Q Now, do you recall having several calls in the eveningof October 8th with David Pecker and also with Dylan Howard?Did you have a number of calls with them that night?Do you recall what was discussed with each of them, inSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger33791general, that night?2AThe Access Hollywood tape.34article?And was it discussed, also, the Playboy online5A678As well as the Playboy.Did there also come a time that night where one ofthem indicated to you that a woman named Stormy Daniels was outlooking to sell her story publicly?9AYes. That conversation came up as well.10Did that come up with Dylan Howard?11AI believe it was Dylan Howard.1213Now, did you know, at the time when he advised youabout that about who Stormy Daniels was?14AI am sorry?15That's okay.1617I will say it one more time.When Dylan Howard told you on the evening of18October 8th of 2016, that Stormy Daniels was out looking1920well, her manager was out looking to sell her story, did youknow who Stormy Daniels was at that time?21AI did.22How did you know who she was?23ABecause it referenced back to the 2011 scenario that I24had dealt previously with David Pecker on25I am sorry, withKeith Davidson on in order to have a story removed from--Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. CohenDirect/Hoffinger3380Q And so, hearing now after the Access Hollywood tape1The Dirty.com.2345release that her story might come out again, what, if anything,did you think about the potential impact that might have on thecampaign?101178A9MR. BLANCHE: Objection.THE COURT: Overruled.Catastrophic.That this is horrible for the campaign.I will take you back for a minute now to 2011, whenyou first learned about Ms. Daniels' account of her encounterwith Mr. Trump.12Had you learned at that time in 2011 about what13Ms. Daniels' did for a living?14AI did.1516What did you hear at that time in 2011 about what shedid for work?17AThat she was an adult film star.1819202122it wasAAnd this came up, again, I think you mentioned becausean article on TheDirty.com at the time?Correct.And you worked with Keith Davidson to get that articletaken down?23AYes, ma'am.2425In 2011, when you were engaged in doing that, ingetting the article taken down, did you have a conversationSusan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

M. Cohen Direct/Hoffinger3381Can you tell us, in general, the gist of thatconversation?A After I received the information from Dylan Howard, Iimmediately went to Mr. Trump's office, knocked on the door,said, Boss, I got to speak to you. And I told him about theconversation, the sum and substance of the conversation that I1with Mr. Trump about Stormy Daniels?2AYes.34567891011121314151617181920212223just had with Dylan Howard.And I asked him if he knew who she was.He told me that he did.And I stated about the story that existed onTheDirty.com, that they had a relationship that occurred duringa golf outing going back to, like, 2006. And I told him thatone of the things that, you know, we need to do is we need to,obviously, take care of it.We need to absolutely do it, take care of it.(Whereupon, Principal Court Reporter SusanPearce-Bates was released by Senior CourtReporter Theresa Magniccari.)2425Susan Pearce-Bates, RPR, CCR, RSAPrincipal Court Reporter

L23OTM. Cohen Direct/Hoffinger3382(Whereupon, the following proceedings arecontinued from previous page:)CONTINUED DIRECT EXAMINATIONBY MS. HOFFINGER:Did he also tell you about meeting her?MR. BLANCHE:Objection.Did Mr. Trump also tell you anything about having mether at the golf tournament back in 2006?10Q.78Q.610A.Yes.11Q.What did he tell you?12A.He told me that he was playing golf with Big Ben1314151617Roethlisberger, the football player, and they had met StormyDaniels and others there. But she liked Mr. Trump; that womenprefer Trump even over someone like Big Ben.Q. And did you ask him at that time in 2011 whether he hadhad a sexual encounter with Stormy Daniels?18A.I did.19Q.Did he answer you directly?20A.No, ma'am.21Q.What did he say? Did he say anything in response to22that?23A.No, ma'am.24Q.Did he mention anything about what she looked like?25A.He said she was a beautiful woman.Theresa MagniccariSenior Court Reporter

12345M. CohenDirect/Hoffinger3383Q.Let me go back to your conversations with Mr. Davidsonabout taking that article down from The Dirty.com.Did you also have some conversations with the GeneralCounsel of Life & Style about what he might do if that articlewasn't taken down?७A.Yes, ma'am.7Q.What was the substance of that conversation?8A.I would file an immediate lawsuit against him.910Q.get that article down and to make sureUltimately, when you and Keith Davidson were able toactually, let me11withdraw and go back.12The General Counsel you spoke to at Life & Style, were13they involved in putting out a differentanother article at14around that time, separate from The Dirty.com?15A.Yes.161718Q. And those conversations were about that separatearticle, meaning In Touch magazine, and making sure that itdidn't come out in that magazine?19A.Correct.20Q.212223Thank you.After you succeeded in making sure that the In Toucharticle didn't come out, and Keith Davidson was working to takedown the article on The Dirty.com, did you update Mr. Trump to24let him know that it had been taken care of?25A. I did, and gave the credit actually in that case toTheresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger33841235OT107861011Keith Davidson, who was the one who filed and sent papers toThe Dirty.com to have it removed.Q. As a result of your efforts and Keith Davidson'sefforts, did that articleeither article in 2011, get anytraction in 2011, meaning, was it out there much?A. No, ma'am.Q. So, let me now move past 2011. Between that in 2011and 2016, when you found out from Dylan Howard that StormyDaniels' story had resurfaced again, in between that time, hadyou heard anything more about the Stormy Daniels matter?A. Nothing.Q. Now, when you learned on October 8th from Dylan Howardthat the Stormy Daniels story had resurfaced, did you also learnfrom Mr. Howard that there was an attorney who would berepresenting Stormy Daniels in the matter?1213141516A.Yes.17Q.What did he tell you?18A.Keith Davidson, he was going to be representing Stormy19Daniels.202122A.232425Q. And was that the same lawyer who had represented her in2011 that you worked with?Yes. We had, obviously, a positive result.MS. HOFFINGER: So let me ask to, please, put upagain 177A, Mr. Cohen's texts with Dylan Howard.(Displayed.)Theresa MagniccariSenior Court Reporter

L2M. Cohen Direct/Hoffinger3385Q.Can you take a look at the texts on October 9, 2016?A.Yes.Q.3Actually, if you are able to, on these texts, could you4 read them to the jury, please.5A. I am sorry?10Q.Could you read these to the jury?7A.8Q.Yes.Are these all dated on October 9, 2016?10A.Yes.10Q.If you would read them to the jury.11A.This is from Dylan Howard to me, stating:Emailed you.1213Then he also forwarded a second one, stating: Keithwill do it. Let's reconvene tomorrow.14Q.Who did you understand "Keith" to be?15A.Keith Davidson.16Q.Continue, if you would, please.17A.Then I responded back to him:Thank you.18192021Followed it then by another text communication advisingthat Resolution Consultants LLC is the name of the entity that Iformed a week ago.To which I then responded again: Whenever you wake,22please call my cell.Because of the difference in the time23zone.24Q. Now, why did you tell Mr. Howard that you had formed25 Resolution Consultants, an entity, just the week before?Theresa MagniccariSenior Court Reporter

LM. Cohen Direct/Hoffinger3386A.So that would be the name of the entity that we would2use in order to purchase the life rights to the Stormy Daniels'3matter.4MS. HOFFINGER:Thank you.сл10You can take that down.Q. Did you return to New York from London on approximately7 October 10, 2016?8A.I did.6Q. And did you have some further text communications withKeith Davidson and Dylan Howard on that date?1011A.Yes.121314If we1516Q.MS. HOFFINGER: Let's put up 178A, please.And, specifically, I believe there are two texts.can float up a little so Mr. Cohen can read them.(Displayed.)Now, who are these texts between or among?17A.So, from Dylan Howard to me, on Monday, October 10th.18And it states: Keith/Michael, connecting you both in regards to19that business opportunity. Spoke to the client this a.m. and20 they're confirmed to proceed with the opportunity.Thanks,21Dylan.222324Q. Let me ask you: Is that a three-way text or a two-waytext? In other words, yourself and Dylan Howard, is thereanybody else on that text?25A.Yes, Keith Davidson.Theresa MagniccariSenior Court Reporter

LM. CohenDirect/Hoffinger3387Q. So, is it a text from Dylan Howard to both yourself and2Keith Davidson?3A.Yes.4Q.Okay.51112131415161718106Can you also read Dylan Howard's next textcommunication to both yourself and Keith Davidson?7A.So, Dylan Howard sends to both myself and Keith8 Davidson: Over to you two. Meaning, that the two of us shouldの10just speak independent.Q. What did you understand to be the business opportunitythat Mr. Howard was referring to?A.The business opportunity was the acquisition of thelife rights of Stormy Daniels.MS. HOFFINGER: Now, you can take that down.Thank you.Can we now show People's Exhibit 337, andhighlight the call between Mr. Cohen and Keith Davidson onOctober 10, 2016.19(Displayed)20212223Q. I believe there are two calls referenced there.after Dylan Howard confirmed that Keith Davidson would berepresenting Stormy Daniels, did you reach out and speak withKeith Davidson by phone?Now,24A.I did.25Q.And from this point on, did you speak a great deal withTheresa MagniccariSenior Court Reporter

M. Cohen Direct/Hoffinger3388Mr. Davidson about purchasing the life rights to Stormy Daniels'12story?3A.Yes.4OT10MS. HOFFINGER: You can take that down.Thank you.Q. Now, after you learned from Dylan Howard and from Keith7 Davidson about the Stormy Daniels story, and her wanting to8 publish that story, and the conversations about purchasing that10story, did you speak to Mr. Trump?10A.I did.11Q.Can you tell us--first of all, why did you speak to1213141516Mr. Trump about it?A. Because it was a matter that affected him and becausethat was what I always did, which was, to keep him abreast ofeverything.Q. Was this also a serious matter at that time?17A.A very serious matter.18Q.Did you tell him what you had heard from Dylan Howard19and Keith Davidson?20A.Yes.21Q.And what was his reaction?22232425A.He was really angry with me: I thought you had thisunder control. I thought you took care of this.I expressed to Mr. Trump: We did, 2011. I have nocontrol over what she goes out and does.Theresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger33891And he expressed to me:There is previous denial.2Just take care of it.345106Q.There was a lot going on at the campaign at the time.He was like: Just take care of it.Did he say anything to you at that time about how thismight be viewed if it got out?A.7Yes.8Q.What did he say, in substance?111213の10A.He said to me: This is a disaster, total disaster.Women are going to hate me. Because this is really a disaster,women will hate me. Guys may think it's cool, but this is goingto be a disaster for the campaign.Q. What, if anything, did you understand about14withdrawn.15161718192021Why did you understandto mean by "women will hate this,' and what his concern was?MR. BLANCHE: Objection.THE COURT: Overruled.A. So, at the time Mr. Trump was polling very, very lowwith women andQ. You said "very well?"what did you understand him22A.No. Very poorly. I am sorry.23Q.It's all right. I couldn't hear.24A.25He was polling very poorly with women, and this,coupled with the previous Access Hollywood tape, he just stated:Theresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger3390L23This is a disaster, and get control over it.Q. Did you have any conversation with him about strategyin dealing with the story?4A.I am sorry?510678のQ. Did you have any conversation, additional conversationwith Mr. Trump about a particular strategy about how to getcontrol of it and how to deal with it?A. He told me to work with David and get control overthis, purchase the life rights, we need to stop this from10 getting out.Q. Was there any conversation about pushing it to a periodof time?111213A.Yes.14Q.What was that?15A.So, during the negotiation to purchase and acquire the16life rights, what he had said to me is:What I want you to do17is just push it out as long as you can.Just get past the1819President.2021election, because if I win, it has no relevance, I will beQ.If I lose, I don't even care.Did you bring up at the time the topic of his wife,Melania, in one of those conversations with Mr. Trump?22A.I did.23Q.What did you say, in substance, to him?24A.I said to him:And how's things going to go with25 upstairs?Theresa MagniccariSenior Court Reporter

M. Cohen Direct/Hoffinger1Q.Were you concerned about that?2A.I was.3Q.33914And what, if anything, did he say to you about that?A. Don't worry, he goes. He goes: How long do you think5 I will be on the market for? Not long.७7Q.What did you understand that to mean?A.He wasn't thinking about Melania.This was all about8910the campaign.Q. Now, those conversations that you had with Mr. Trump,were they in person, on the phone, or both?11A.Both.121314MS. HOFFINGER: Now, can we put up now, please,People's 63 in evidence.email so that Mr. Cohen can read it.Can you blow up the body of the15(Displayed)16Q.17A.18Q.Do you recognize this email, Mr. Cohen?This is from Keith Davidson to me on October 11th.What year?19A.2016.2021222324And it says:Michael, please find Ms. Daniels'Settlement Agreement and Side Letter Agreement attached.I have not filled in the Side Letter Agreement (SLA)which identifies the parties to this agreement.Under the terms of the Agreement, neither my client or25I are entitled to possession of the SLA.Theresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger3392L234OT510Settlement sum is $130,000.I have also attached my firm's wiring instructions foryour reference.Ms. Daniels' expressed dissatisfaction with yourschedule of the delay of ten days for funding.To that end, you will see that I placed this Friday,7 October 14 of 2016, as the funding deadline.8の10Let me know ifthis is a problem. Let me know if you have any questions orconcerns about anything.Keith.MS. HOFFINGER: Let me ask you to blow up the topof the email which shows the "tos" and "froms."Q.Did you receive this email at your Trump Organization11121314email address?15A.I did.16181917Q. Now, this email that you received, which can we scrolldown, does this contain an attachment? Does this contain theSettlement Agreement and the Side Letter Agreement that wasreferenced?20A.Yes.212223Q. And does this Agreement at this point contain thesignatures of Ms. Daniels and Mr. Davidson, but no signatures onyour side yet?24A.Correct.25Q.So, the date of this emailTheresa MagniccariSenior Court Reporter

M. Cohen Direct/HoffingerL23MS. HOFFINGER: If we can go back to the emailagain for a moment.(Displayed.)is October 11th; is that right, of 2016?4Q.слYes.339310A.Q. Is that just a few days after the release of the Access7 Hollywood tape?8A.Yes.1010111213Q. By October 11 of 2016, had you and Keith Davidsonalready agreed in principal to the terms of this Agreement?A.Yes.Q. And you had some discussions about how much would needto be paid to Stormy Daniels for this Agreement by that date;had you arranged a number?A. Yes, ma'am.Q. And tell us, just in general, the terms of thatAgreement on this date?A. For the sum of $130,000, that Ms. Daniels would executea Non-disclosure Agreement, that the life rights story would14151617181920never212223A.2425Q.come out, that she wouldn't speak of it. Andamount?Was there a breach provision, an amount, a liquidYes.There was a very large 1-million-dollar per violationliquid punitive damages.It was a clause that we put in whereTheresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger33941235she would owe at that point in time the LLC that was going to doit, she would owe them 1-million-dollars per violation.Q. Whose idea was it to have that million-dollar, as yousay, punitive damage provision in the contract?A. It was mine.10Q.What was the point of that?7To ensure that she didn't speak. Not only that, there8610A.was also a provision in there that she disclose who she had toldthe story to, and they were included in the Agreement.Q.There wasa list of names that were included in the1112Yes, ma'am.1314Agreement?A.Q.Now, the email mentions a Side Letter Agreement. Thatis also one of the attachments here.15What was the purpose of the Side Letter Agreement that16171819is referenced here?A.The Side Letter Agreement would be a one-page documentthat indicates pseudonym names that we were going to use in theNon-Disclosure Agreement. And the purpose of that is if2021somehow the Non-Disclosure Agreement got out, having the namesPeggy Peterson or David Dennison would have no meaning to22anyone.23Q. And so, would the Side Letter Agreement be a key to who24those names are really related to?25A.Yes.Theresa MagniccariSenior Court Reporter

LM. CohenDirect/Hoffinger3395I was the only one that would have that one page.Q.23And explain why you were the only one that was going tohold onto that Side Letter Agreement which indicated the true4 names of the people involved in the Agreement?51067810A. In that way, I was the only one, there is no way for itto be released, and the information would never get out.Q. Now, you said that, I think by this date, neither you,obviously, or Mr. Trump, had signed this agreement by that date?A. No, ma'am.10Q.1112131415A.Why hadn't you signed it at that point?Because during my conversations with Mr. Trump, it wasagain about delaying the deal and trying to push it past theelection which was upcoming.Q. Now, in the email, Mr. Davidson says that Ms. Danielshad expressed some dissatisfaction with your schedule delay often days for funding.What was he referring to about your schedule of delay often days for funding?A. Well, he wanted an immediate wire transfer, and Iexpressed to him I would need ten days in order to fund the161718192021222324date.25Q.So, you could have funded it earlier, but you tried totransaction.I would have waited to the tenth day and do it again,which is what I was instructed to do, push it past the electionTheresa MagniccariSenior Court Reporter

12M. CohenDirect/Hoffingerpush it off with the additional ten days; is that right?A.I was following directions.33963510786Q. So, at this point, he is asking for a funding deadlineof October 14th; is that correct?A.Yes.Q. And were you intending at that point to make thatdeadline of October 14th?A. No, ma'am.Q. What were you going to try to do?A. Delay it.continue?MS. HOFFINGER: Your Honor, do you want me toTHE COURT: Is this is a good time to break?It's up to you. It's perfectly1011121314MS. HOFFINGER:15fine.16171819202122232425THE COURT: Jurors, I will remind you of all of myinstructions, including that you not discuss this caseeither among yourselves or with anyone else.Please continue to keep an open mind as to thedefendant's guilt or innocence.Please do not form or express an opinion as todefendant's guilt or innocence.I will see you at 2 o'clock.Enjoy your lunch.(Jury leaving courtroom.)Theresa MagniccariSenior Court Reporter

12345७M. Cohen Direct/HoffingerTHE COURT: You may be seated.Sir, you can step down.(Witness leaving courtroom.)3397THE COURT: Is there anything that we need to goMS. HOFFINGER: No, your Honor.MR. BLANCHE:No.THE COURT: Okay. I will see you at 2.(Whereupon, the Court took a luncheon recess.)7over?8910111213141516171819202122232425A-F-T-E-R-N-O-O-NS-E-S-S-I-O-NTHE COURT: Good afternoon.Can we get the witness, Mr. Cohen.(Witness entering courtroom.)THE COURT: Get the jury, please.(Jury entering courtroom.)THE COURT: Please be seated.THE CLERK: Case on trial continued. All jurorsare present an properly seated.Ms. Hoffinger.MS. HOFFINGER: Thank you.Theresa MagniccariSenior Court Reporter

M. Cohen Direct/Hoffinger12CONTINUED DIRECT EXAMINATIONBY MS. HOFFINGER:3Q. Good afternoon, Mr. Cohen.4A.Good afternoon.33985067Q. When we left off, we were talking a little bit aboutthe funding deadline for the payoff of the Stormy Daniels' NDA.Do you remember that?8A.I do.9MS.HOFFINGER:Let's put up now for everybody101112Q.13A.what is in evidence as People's Exhibit 64.(Displayed).Do you recognize these emails with Keith Davidson?I do.14Q.Were they sent--received and sent from your Trump1516A.Organization email address?This is from Keith Davidson to me, dated October 12,172016.18Q.19A.202122Q.Can you read the emails for the jury, please?Yes.Not necessary to speak today. You should have all theexecuted documents a few days ago. Talk to you tomorrow.Is there another email below that?23A.Yes.2425This is my response to Keith Davidson: Yes. It'sYom Kippur so the office is for all purposes closed.I'm inTheresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger33991today, but can speak for the next three hours via cell if235OT1061011121314necessary.Q. Just to orient the jury, was that the first email, theone at the bottom, and the response by Keith Davidson at thetop?A.78Q.A.Yes.Then it is followed by Keith Davidson to me: We good.So, what was happening at this time?Continue to delay. Delay the execution of thedocuments.asContinue the delay of execution of funding.In this specific case, I used the holiday of Yom Kippura way of just, once again, trying to delay it, which is untilafter the election.Q. And the reason for that?15A.Because after the election it wouldn't matter.16Q.And according to who?17A.181920According to Mr. Trump.Q. Now, around this time, the middle of October or so, didyou have some more conversations with Mr. Trump about KeithDavidson pushing for payment around this time?21A.Yes.22Q.2324A.going on.And what was his response?I mean, I'm incredibly busy right now. There is a lotI am travelling all over. I don't have time to think25about this right now.Just give me a few days.Theresa MagniccariSenior Court Reporter

M. Cohen Direct/Hoffinger3400LQ. And did you have those conversations with him sometimes2 by telephone and sometimes in person?3A.Yes, ma'am.4Q.When you called him, did you sometimes use your cell,5 sometimes use your landline phone at The Trump Organization?1078A. Yes, ma'am.Q. You said he was travelling a lot. Was this the timewhen he was campaigning for the presidency?6A.Yes.1011Q. And in terms of his schedule during October, how did hetravel in terms of for the campaign?A.With his own private plane.Q. Was he still sometimes in the office during that time,even when he was campaigning?Q. During what timeoffice during those times?A.Sometimes.12131415A.Yes.161718192021A.2223Q.So,2425A.When possible.Q.did you sometimes see him in theDo you recall, was it at various times that he might beback in the office?Yes. It depended upon the schedule of the rallies thatwere taking place all around the country.is it fair, you spoke to him in person when youwere able to see him, if not, you spoke to him by telephone?Theresa MagniccariSenior Court Reporter

L23M. Cohen Direct/Hoffingerevidence.MS. HOFFINGER: Let's show People's 363 in(Displayed)34014Q.5 and who?1078And can you tell us what this email is and between whoA. This is an email from me to Gary Farro, asking him tocall me.Q.Who is Gary Farro?61011121314A. Gary Farro was my account representative at FirstRepublic Bank.MS. HOFFINGER: And can we scroll down and see ifthere is an attachment on this email. I think there may bea couple of pages. Scroll down.(Displayed)Q. What, if anything, did you send, according to thisexhibit? What did you send him?151617A.I sent him the corporate documents for Resolution18Consultants LLC to open a bank account.19MS. HOFFINGER:And now, can we go back to the202122email, please.And can you go to the top email, which is GaryFarro's email to someone else at First Republic Bank.23(Displayed.)24Q.Can you read that?25A.This is an email from Gary Farro, dated same date,Theresa MagniccariSenior Court Reporter

M. Cohen Direct/Hoffinger34021October 13 of 2016, to Oliva Cassin, who was a banker at First2Republic.3510678It states: Need an account opened for Michael Cohenimmediately.discuss.He wants no address on the checks. Call me now toQ. So, mid-October, now why are you reaching out to GaryFarro to set up an account for Resolution Consultants?A.In the event of the need for an account to be opened totransfer the funds.6Q. Is it what you anticipated--what you believed might10need to happen soon?11A.Yes.12MS. HOFFINGER:Can we take that down.13Put up People's 364 in evidence.Can we blow up1415the email a little bit.(Displayed)16Q.Can you tell us what this email is?17A.1819It's an email from Oliva Cassin, again, First RepublicBank to me, and cc'd to Gary Farro, regarding account paperworkfor Resolution Consultants.20MS. HOFFINGER:If we can scroll down.21Q.Is she sending you something?22A.Yes.23Q.What is she sending you?24A.An attachment of the paperwork that is needed in which25to establish the bank account.Theresa MagniccariSenior Court Reporter

1M. CohenDirect/Hoffinger3403Q. So, are these various pages of opening account recordswith information filled in for you to review?23A.Yes, ma'am.4Q. Can we put up were you familiar with the account5opening paperwork at First Republic Bank?A.Yes.7Q.And had you other accounts there and set up other8accounts there?9A.Multiple.1011evidence.MS. HOFFINGER: Can we now put up People's 366 in1213Q.14A.15(Displayed.)What is this email, Mr. Cohen?paperwork.It's an email from me to Olivia regarding the16MS.HOFFINGER: Can we take a look at the17attachments to that email.Maybe we can scroll down a18little bit.19Thank you.2021Q.(Displayed)So, what are you sending back Olivia Cassin now in the22email?23A.24Q.The documents necessary to open up the bank account.Had you signed them, according to these attachments?25A.I did.Theresa MagniccariSenior Court Reporter

L234M. CohenDirect/Hoffinger3404MS. HOFFINGER:Let's take a look at a few placesin this paperwork. Can we go to Page 5 of the PDFentitled "Business Information Form Overview."1A, can we blow that up.(Displayed)Q. Is the description of what Resolution Consultants ishere in the paperwork?OT10786A.Yes.Q. Can you read that?10A.It states: Please include product of services11provided, typical customers, suppliers, et cetera.12It says:Resolution Consultants LLC is a consulting13141516firm. Michael Cohen provides individuals and businessesfinancial services, law firms, technology firms, et cetera,advice on strategy, PR marketing, best practices and procedures,et cetera. All of his clients are in the United States of17America.181920MS. HOFFINGER: Can we also take a look at Page 9of the PDF.(Displayed)21Q.That is NAICS business description?22A.Yes.23Q.And can you read the description there of the business.24A.So the NAICS code is 541611. The business25 description is "Management consulting, including HR andTheresa MagniccariSenior Court Reporter

L2marketing."M. Cohen Direct/HoffingerMS. HOFFINGER:3405Can we finally look at the NAICS.34Q.Actually, we already read that.Let me ask you: Mr. Cohen, did you sign these5 documents at Page 3?107ထ8MS. HOFFINGER:Let's show Page 3 of the PDF.(Displayed)Q. Did you sign that?10A.I did.10Q.On what date?11A.October 13, 2016.12MS. HOFFINGER:Can we take a look at page of the13signature block.14(Displayed.)15Q.Did you sign it there as well?16A.Yes.17Q.What is the date on there?18A.Same date%; October 13, 2016.1920Q. Were the descriptions in the account paperwork that wejust read, were they truthful as of the date that you opened the21account?22A.No.2324Q. Why didn't you give FRB the true reason for youropening the account?25A.Well, I'm not sure they would have opened it if itTheresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger34061stated to pay off--to pay off an adult film star for a23Non-Disclosure Agreement.Q. You understood that; is that right?4A.Yes, ma'am.5Q.Did you ever end up finalizing the account for the bankaccount for Resolution Consultants LLC?1067A.No, ma'am.816A.Q. What happened?I realized that during the process, I couldn't10remember why I even called it Resolution Consultants.Then it111213dawned on me that it's actually the name of a company ofsomebody who I know who happens to be out of state. I didn'tthink he would appreciate if I had used the same name as his14company.15Q.--1617Did you end up when you ultimately opened theaccount at FRB, did you use a different name of a differentcompany?18A.I did.19Q.And what name was that?20A.I transferred it, I made it to Essential Consultants21LLC.22Q.You filled out similar paperwork at FRB for the23 Essential Consultants account?Also with false descriptions of the purpose of the24A.Yes.25Q.Theresa MagniccariSenior Court Reporter

M. Cohen Direct/HoffingerA. The same information.1account?234516MS. HOFFINGER:Thank you very much.3407You can take that down.Can we now put up People's 281 in evidence.(Displayed)What is the date of this emailm and who is it from and7Q.8who?9A.It's to me from Keith Davidson.Dated Monday,10October 17, 2016. And the subject is: PP, which is for Peggy11Peterson, versus DD, David Dennison, slash, important.12Q.Can you read the email?13A.It states: Michael, I have been charged by my client141516171819202122232425with forwarding the below message.We have a written Settlement Agreement which calls forsettlement payment to be sent by the end of business this pastFriday, October 14th, 2016.No payment was received.We spoke on Friday, October 14th, and you stated thatfunds would be wired today, October 17, 2016. No funds havebeen received as of the sending of this email.My client informs me that she intends to cancel thesettlement contract if no funds are received by 5 PST today.Please call me if you have any questions.Keith.Theresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger34081Q.What was happening at this time with respect to the2deal?3A. My intent was to continue to delay it as perMr. Trump's demand, and I clearly did not send funds to7845 Mr. Davidson at this IOLA lawyer's account on this date.16Q. On this date?A. On this date.MS. HOFFINGER:Can we take that down and put up9People's 282 in evidence.If we can blow it up a little10bit.1112Q.(Displayed)Can you tell us who this email is from and to and the13date?141516171819202122232425A. This is from Keith Davidson to me. Same date ofOctober 17, 2016, 1:31 p.m. Regarding same matter: PPversus DD.Important.And it states: Please be advised that my client deemsher Settlement Agreement cancelled and void Ab initio.Please further be advised that I no longer representher in this or any matter.Q. What did you understand was happening now in terms ofthis email?A. We were losing control over the settlement of thisAgreement in order to prevent the story from coming out. Thatas a direct result of my failure to wire funds, that KeithTheresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger1Davidson was no longer going to be acting as Stormy Daniels'2counsel in this matter.3Q. And were you concerned?4сл107863409A. Very much so.Q. Thank you.MS. HOFFINGER:You can take that down.Please put up People's 177A in evidence.(Displayed)Q. Focus on from the texts from Dylan Howard on October17, 2016, Page 3.1011A.Yes.12Q.1314Can you read to the jury this text?This is the text you received from Dylan Howard on thatsame date, October 17, 2016?15A.Yes, ma'am.16Q.Can you read that?17A.It's from Dylan Howard to me.18192021A.22232425It states: I'm told they're going with Daily Mail. Areyou aware?Q. What did you understand the "they" were in this email?Stormy Daniels.MS. HOFFINGER: And can we blow up the next textcommunication after this.(Displayed)Q. Can you read for the jury the rest of the textTheresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger3410L2M4510678610communications on October 17, 2016?A.From me to Dylan Howard: Call me.Then I responded back with three question marks becauseI hadn't heard back.This was obviously incredibly stressful and incrediblyimportant.I finally receive a response back from Dylan Howard:"Not taking my calls." And he was referencing there KeithDavidson. "He's not talking my calls."The goal is to figure out exactly what was going on andwhat else could be done.You're kidding.I then respond from me to Dylan:Then I continue by saying: Who are you trying to11121314reach?15161718192021I wanted just to confirm that my suspicion that he wastrying to reach Keith Davidson and not maybe somebody else.To which he responds thereafter:"The agent" I knew to be Keith Davidson.Q. Now, did you also speak by telephone that day withDylan Howard?A. Yes, ma'am.The agent.22Q.And why did you speak with him by telephone?232425A.This was of grave importance.Q. What, if anything, did you understand at this pointabout whether Stormy Daniels might end up in the Daily Mail?Theresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger34111A.That's what we were told, and that's what I relayed to2 Mr. Trump.3MS. HOFFINGER:And so,let's put up now People's4OT10349 in evidence. And let's blow up the call on October 17,2016 at 5 p.m. between Michael Cohen and Mr. Trump.(Displayed)Q. Do you see a call there?7ထ8A.I do.6Q. Who called who?10A.I called Mr. Trump.11Q.And why did you call him?1213A.I didn't forward the funds, she's now declared the AgreementIn order to advise him of this situation, that because14void and that we were not going to be in a position to delay it1516the matter was going to--post the election, which is what he wanted me to do, and thatthe story was going to go to the17Daily Mail.18Q.That was your intention in making the call?19A.Yes.20Q.21call?Do you notice it's just about eight seconds on thatWhat do you think happened with that call?22A.I received a voicemail.23Q.Did you receive a voicemail?24A.I spoke to the voicemail.25Q.So, you left a voicemail?Theresa MagniccariSenior Court Reporter

M. Cohen Direct/HoffingerLA.I left a voicemail.2Q.For Mr. Trump. Okay.35103412Did you believe at this time you could continue todelay the transaction?786A.No.MS. HOFFINGER: We can take that down.Thank you.Let's show, please, People's 369 in evidence.(Displayed)Do you recognize that, Mr. Cohen?10Q.11A.I do.12Q.What is it?13A.This is a filing receipt for the State of Delaware in141516the formation of Essential Consultants LLC.Q. Did you set up the Essential Consultants LLC on thatdate, October 17th?17A.I did.18Q.Why did you go ahead and do it on that date?19A.Because I wanted to make sure that, again, I had a20 vehicle within which to transfer funds to Keith Davidson to lockMS. HOFFINGER: Thank you very much.Can you take that down.Can we now put up People's 216 for identification.Can you take it down.21down the story.22232425Theresa MagniccariSenior Court Reporter

L234M. Cohen Direct/Hoffinger3413Just to the witness, the Court and the parties.Q. So, it's 216 for identification.Do you recognize whatis on the screen?A.I do.сл10Q. What is it?A. This is from Patty over at Delaney Corp. That's the7 company that incorporates on October 24, 2016.8610It's an invoice stating: Here is the invoice to cancelthe old LLC and file the new LLC.Meaning, I was closing out Resolution and incorporating11 Essential Consultants.12Q.On what date did you close out Resolution and open up13 Essential Consultants?I believe it was that day.14A.15Q.Which date was that?16A.The 24th.17Q.Can we take a look?18A.I think it was the 17th.19MS. HOFFINGER:I offer that in evidence, People's20216.212223MR. BLANCHE: No objection.THE COURT: Received into evidence.(Whereupon, People's Exhibit 216 was received into24evidence.)25MS. HOFFINGER: Can we look at Page 2 of theTheresa MagniccariSenior Court Reporter

M. Cohen Direct/Hoffinger3414७789101invoice.23Q.45(Displayed)Does the email show the date you cancelled ResolutionConsultants?A. The 17th of October, 2016.MS. HOFFINGER: Can we now put up People's 249 inevidence and blow it up a little bit.(Displayed)Q. You mentioned on October 17th you left a voicemail forMr. Trump; do you recall that?11A.Yes.12Q.Do you recognize what this record is?13A.Yes.14Q.What is it?15A.This is a text message on October 18, 2016, from16Melania to me.17Q.Can you read what it says?18A.19cell.20Good morning, Michael. Can you please call DT on hisThanks.And "DT," of course, references Donald Trump.21Q.What time was that text?22A.That text is at 8:53 a.m.23Q.Do you respond by text?24A.I do.25Q.What is your response?Theresa MagniccariSenior Court Reporter

M. Cohen Direct/HoffingerLA."Of course."2Q.What time is that response?3A.8:54.4Q. Do you believe that you spoke to Mr. Trump after5 Mrs. Trump asked you to reach out to him and call him?341510A.Yes.7Q.Is that dated October 18, 2016?8A.It is.10Q.Was that a workday; do you know?10A.1112I believe it is.Q. And were you usually at work by that time, 8:53 a.m. inthe morning?13A.Yes, ma'am.1415Q. Do you believe that you called Mr. Trump using yourlandline at The Trump Organization?16A. Yes, ma'am.17Q. Now, I wouldSO, we're now talking about October 18,1819202016, and I would like to ask you: On that day, or thatevening, did you make an appearance on Wolf Blitzer's show onCNN that night?21A.I did.22Q.Why did you do that?232425A. In order to respond to a series of topics that affectedMr. Trump and the campaign.Q. And did you tell Mr. Trump that you were going on CNN?Theresa MagniccariSenior Court Reporter

Yes.M. Cohen Direct/Hoffinger3416And were you going on as a support to the campaign, totry to talk about his priorities?L2A.Q.34A.Yes, as a surrogate.510678の101112Q. And you said that was to deflect from some other newsthat was out there?A.Correct.Q. And without providing us with any details orelaborating, were you asked by Wolf Blitzer to respond a numberof times to questions about reports of Mr. Trump's behavior withwomen?A.Yes.1314Q. And did you steer the conversation as best you couldtowards his presidential policies?15MR. BLANCHE:Objection.16THE COURT: Sustained.17Q.What, if anything, did you do during that interview?18A.1920212223I advocated for Mr. Trump in the best light possible,denials, as well as exclamations, that I have never seem him actin this sort of manner before. I was doing everything that Icould within which to change the direction of the comments.Q. And you had some talking points for the campaign,talking points about Mr. Trump's priorities to deliver on that24show?25A.I received regular talking points from the campaign.Theresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger3417LQ.Do you believe you received some that night as well?2A.I do.MQ.Did you try to emphasize those talking points as well?4A.5106786Yes, ma am.Q. What, if any, additional pressure did you feel to closethis deal with Stormy Daniels as a result?A.Well, because the Daily Mail was in play and they wereanxious to sell the story.Q. Did there come a time after that, again, still inOctober of 2016, that Mr. Trump, in substance, expressed to youthat he understood he could no longer delay this transaction?101112A.Yes.13Q.141516You're like a billionaire.A.And describe that conversation that you had with him?He stated to me that he had spoken to some friends,some individuals, very smart people, and that: It's $130,000.Just pay it. There is no reason to17keep this thing out there. So do it.1819202122And he expressed to me: Just do it. Go meet up withAllen Weisselberg and figure this whole thing out.Q. Following that conversation with Mr. Trump, did you, infact, have some discussions with Allen Weisselberg about tryingto figure out how the payment would be made?23Yes.A.24Q. And what, in substance, did you discuss with25Weisselberg and the different options?Theresa MagniccariSenior Court Reporter

M. Cohen Direct/Hoffinger3418LA.Well, that I had the opening of the company all set up.2 Now it just needed to be funded.3To which Weisselberg turned and said: Can we get AMI4 to pay it?5I said:106not paying it.7fund it.8No. They've already expressed to me they'reThey said we need to come up with a way how to6101112131415I said: We need to do it immediately.Q. What options did Mr. Weisselberg discuss with you?A. One option was to see whether I knew anybody whowanted to purchase a golf membership at one of the various golfcourses or possibly somebody who was having a family affair,like a wedding or Bar Mitzvah, that would be interested inpaying the money there and taking it as credit off of theirinvoice, or maybe even just running it through one of the golfQ. Was he suggesting it would be a vehicle to use thatmoney to pay this?16courses.171819A.Yes.2021options?22A.23Q. And what, if anything, did you discuss about thoseObviously, that wasn't a possibility because each ofthose entities has a Trump name attached to it, and the whole24 purpose was to ensure that Trump name in no way was disclosed in25this Non-Disclosure Agreement.Theresa MagniccariSenior Court Reporter

L234OTit?Q.M. Cohen Direct/HoffingerDid you suggest to Mr. Weisselberg about him fundingA.I did.MR. BLANCHE:THE COURT:Objection.Overruled.341910A.I stated to Allen: You're the CFO. You're making7 seven figures. Why don't you pay it. You'll get paid back.8161011You don't have to worry about that one.Q. What did he say?A.He said to me he wasn't financially in a position to doit. He stated: Michael, as you know, I have my four grandkidsat prep school, and that I have summer camps for them that I ampaying for, I just can't do it.Q. What did you resolve between the two of you, yourselfand Weisselberg, ultimately?A. Well, because of the urgency that was happening and theor at least they expressed to me theywere heading to the Daily Mail, I ultimately said: Okay, I'llpay it.121314151617fact she was heading1819202122A.Yes.23Q.What was discussed?24A.Don't worry about it, I will make sure you get paid25 back.Q. Was there any discussion at that time withMr. Weisselberg about you getting paid back eventually?Theresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger34201234OT1067861011Q. At some point, did you have a conversation withMr. Trump about the fact that you were willing to pay for it, atleast initially?A.Yes. Allen and I spoke to Mr. Trump. We expressed tohim that I was going to front the money for it. To which he wasappreciative and: Good, good.Q.Did you have a sense from Mr. Trump that you would endup being out the money or you would get paid back?A.He stated about it: Don't worry about it. You willget the money back.Q. Would you have ever paid for the NDA for Stormy Danielson your own without an understanding that you would get paid1213back?14A.No.15Q.Why not?16A.17It's $130,000. I was doing everything that I could andmore in order to protect my boss, which was something I had done1819for a long time. But I would not lay out $130,000 for an NDAneeded by somebody else.20MS. HOFFINGER: Can we bring up now People's21Exhibit 342. Let's show those to the jury.22(Displayed)23Q.2425A.Do you recognize these? What are these, Mr. Cohen?These are phone calls made from my cell phone to AllenWeisselberg.Theresa MagniccariSenior Court Reporter

M. Cohen Direct/Hoffinger34211Q.Are these calls between July of 2015 to February of22018?3A.Yes, ma'am.4Q.5And did you have Weisselberg's cell phone and worknumbers in your contacts as well?Approximately, how many calls are there during thisA.Yes.7Q.8910Q.11time period with Weisselberg?A. Six, in total.And was it common for you to speak with Weisselbergoutside the office; meaning, by phone at other times?12A.It wasn't common.131415MS. HOFFINGER:Now, let take a look at a call.We'll show the call on October 23rd of 2016, at 4:52 p.m.(Displayed)16Q.Do you see that call?17A.Yes.18Q.19A.What does that reflect?A voicemail.20Q.Left by who?21A.22Q.23A.From Allen Weisselberg to me.Do you know whether that was a Sunday, October 23rd?Not off the top of my head, no.24Q.Was it unusual at 5:42withdrawn.25Was there, at this time, October 23rd, a reason thatTheresa MagniccariSenior Court Reporter

123M. CohenDirect/Hoffinger3422you understood that he was calling and leaving you a voicemail?A. Regarding the funding and regarding how this was goingto get done to fund the Non-Disclosure Agreement.4Q.And did youwithdrawn.5Did you speak with Mr. Weisselberg over the next couple106of days in the office as well?7A.Yes.8Q.About finalizing these details?6A.Yes.101112MS. HOFFINGER:And can we also take a look at thecall on October 25th on this sheet.(Displayed)13Q.Do you see another call there?14A.I do.15Q.What time is that call?16A.That call is at 7:23 p.m.17Q.Is that generally after work for yourself and18Mr. Weisselberg?19A.Yes.2021Was it unusual to speak with Weisselberg after hours bycell phone?22A.Yes.23Q.24A.Do you have a sense of why you were doing that?It had to do with the Stormy Daniels matter.25Q.Was there some urgency at this point?Theresa MagniccariSenior Court Reporter

M. Cohen Direct/Hoffinger3423L234сл10A.Significant urgency.MS. HOFFINGER:Thank you.Can we take a look at now People's 341 inevidence, please.(Displayed)Q. Let's take a look at the call between Mr. Schiller and7 Mr. Cohen on October 24, at 8:02 p.m.8Do you see that call?10A.Yes, ma'am.10Q.And was it 8:02 p.m.?11A.Yes.12Q.13A.14Q.15You called Mr. Schiller, or did he call you?I called Mr. Schiller.Do you know why you were reaching out to Mr. Schillerin the evening of October 24, 2016?16A.Yes.17Q.Why?18A.19202122A.Because I needed to speak to Mr. Trump, and I knew thatKeith, Keith Schiller was with him.Q.Why did you need to speak with Mr. Trump at that pointin the evening of October 24th?To discuss the Stormy Daniels matter and the resolution23of it.2425Q.And did you have an understanding about whether duringthat conversation you resolved that, you were moving forward toTheresa MagniccariSenior Court Reporter

1fund the deal?2A.Yes.M. Cohen Direct/Hoffinger34243Q. Now, what was the plan for how you were going to fundthe Essential Consultants account in order to transfer the money5 to Keith Davidson?10A. So, I had already, for several months at First Republic7 Bank, before all of this, I had a HELOC, a Home Equity Line ofThat account was paperless. Meaning,8 Credit, on my apartment.610111213that we wouldn't receive any documents in the mail.And I elected to use money that was in the HELOCbecause my wife was the CEO of the household and would notunderstand if there was $130,000 missing from our joint bankaccount. She would ask me, and I clearly could not tell her,and that would have been a problem for me. So I elected to use1415the HELOC.16And once I received the money back from Mr. Trump, I17would just deposit it and no one would be the wiser.18MS. HOFFINGER:Can we now put up People's 177A in19evidence.202122232425(Displayed)MS. HOFFINGER:And cull out the text betweenMr. Howard and Mr. Cohen on October 25, 2016.A. So, this is a text message from Dylan Howard to me.And it states: Keith calling you urgently. We have tocoordinate something on the matter he's calling you about, or itTheresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger342512345Q.6201678could look awfully bad for everyone.Q. What did you understand that to mean?A.This matterif the matter wasn't resolved, it wasgoing to be catastrophic to Mr. Trump and the campaign.Did you also have a call on that night, October 25,withdrawn.Did you have a call on October 25, 2016 with DylanHoward and David Pecker?9A.Yes, ma'am.10Q.111213141516A.17Can you describe for the jury that call and whatoccurred and what was said?A. Well, it was all about, again, the resolution of theNon-Disclosure Agreement.Q. And what, if anything, was Dylan Howard telling you onthat phone call?How to get this thing done. She's going to the DailyMail. This could be catastrophic to the campaign.This will18further isolate women from the candidate.1920Q. And did you make a request at that time of Mr. Peckeron that call?21A.Yes.22Q.What did you ask him?23A.If he would be kind enough to make the payment.24Q.Why did you ask him to make the payment at that point?25A.To see if he would do it, considering he's been doingTheresa MagniccariSenior Court Reporter

12M. Cohen Direct/Hoffingerit for Mr. Trump before. I figured why not ask.Q.What did he say?MA.Not a chance.4Q.Did he say why?OTA.Yes.10Q.What did he say?7A.3426I knew he didn't get the money back on the $150,0008 even though they turned out. I cannot do it again. It can cost610me my job.Q. How did you leave things with Dylan Howard and DavidPecker on that call, what did you tell them?1112A.Make sure it's locked down. We're going to take care13of it.1415Q.In other words, who did you say was going to take careof it at that point?16A.I was.17Q.Thank you.1819Now, you said earlier, I believe, that you sometimescommunicated with David Pecker by Signal, an encrypted20 application?A. Yes, ma'am.MS. HOFFINGER: Let's put up just for the witnessand counsel and the Judge People's 212 for identification,2122232425Q.Do you recognize that document, Mr. Cohen?please.Theresa MagniccariSenior Court Reporter

M. Cohen Direct/HoffingerLA.I do.2Q.What is it?MA.34274Q.This is text messages on the encrypted app of Signal.And are these screenshots of the messages and reflected5 other communications using the Signal Application between10yourself and Mr. Pecker?67A.Yes.8のQ. Aside from what might be some redactions on thatdocument, is this an exact copy of those communications between10 yourself and Mr. Pecker?MS. HOFFINGER: I offer People's 212 in evidence,your Honor.MR. BLANCHE: No objection.evidence.)11A.Yes.121314151617181920212223A.I do.24Q.25A.THE COURT: Received into evidence.(Whereupon, People's Exhibit 212 was received intoMS. HOFFINGER: Can we focus on the call reflectedhere on October 25, 2016.(Displayed)Q. Mr. Cohen, do you see a flurry of calls on October 25,2016, between yourself and David Pecker?You had called him on that date; is that right?That is correct.Theresa MagniccariSenior Court Reporter

L2M. Cohen Direct/HoffingerQ. Is there a reason that it shows so many on thisscreenshot?34283A.Yes.4Q.What was the reason?5A.10678610Signal is terrible with keeping phone calls, they dropthem all the time. We were constantly calling back and forth.Q.Were there also some calls on October 26th reflectedhere using the Signal App between yourself and Mr. Pecker?A.Q.Yes, ma'am.Generally, what were these calls about on October 25thand October 26th with Mr. Pecker?A.The Stormy Daniels matter, the resolution of it.evidence.MS. HOFFINGER: Can we please show People's 337 inAnd can we show the calls occurring betweenMr. Cohen and Mr. Davidson on October 25, 2016.Can we highlight all the calls on that date.(Displayed)111213141516171819Q.2021A.Yes.22Q.232425transfer of funds, in order to have him execute theA.In order to ensure that he knew that the matter wasbeing taken care of, and that soon there was going to be theWhy were there so many calls with Keith Davidson?Mr. Cohen, there are a number of calls back and forthbetween yourself and Keith Davidson on October 25th?Theresa MagniccariSenior Court Reporter

M. Cohen Direct/Hoffinger342912345Non-Disclosure Agreement and the Side Letter.Q. What was your goal in having those communications withKeith Davidson?A. In order to ensure that that occurred, so I couldexpress to Mr. Trump as an update that this matter is under6control.789Q. Did you in any of these conversations mention to KeithDavidson that maybe AMI would still do the payoff instead of onyour side?10A.I might have.11Q.Why was that?12A.131415A.Q.I was hoping that AMI was going to make the payment.But, at the end of the day, you knew they were not; isthat correct?That is correct.16MS.HOFFINGER:You may take that down.1718192021Q.Can you now put up People's 342 in evidence.The calls, again, between Mr. Cohen andWeisselberg.(Displayed)Can you cull out the call on October 25, 2016, at 7:2322p.m.?232425A. Yes, ma'am. October 25, 2016, at 7:23 p.m., I made aphone call to Allen Weisselberg.Q. And how long was the phone call, approximately?Theresa MagniccariSenior Court Reporter

M. Cohen Direct/HoffingerLA.Three minutes, 24 seconds.2Q.That was in the evening?MA.It's in the evening.4Q.After hours, after work hours?слA.Yes, ma'am.343010Q. Again, was it unusual for you to call Mr. Weisselberg7 after work hours?8A.Yes.6101112Q. Why did you have this call with him?A. In order to discuss the finalization of the funding andjust some particulars regarding funding for the execution of theNon-Disclosure Agreement.1314Q.15MS. HOFFINGER: I will take that down.On the morning of October 26, 2016, did you set up anaccount for Essential Consultants at First Republic Bank?16A.I did.17Q.And what did you do?18A.I went across the street, which is where it was19located, and I told them I need to do a transfer.20Q.Now, before you went across the street to set up that21account, did you speak to Mr. Trump?22A.I did.2324MS. HOFFINGER: Can we take a look at People's 349in evidence, please.25Can we highlight the two telephone calls onTheresa MagniccariSenior Court Reporter

L2MM. CohenDirect/Hoffinger3431October 26, 2016, one at 8:30 a.m.--two calls at aboutthe same time, actually, about 8:30 a.m.(Displayed.)4Q.You see those two calls?слA.Yes, I do.10How long was the call for?78Q.A.One is 3 minutes and 20 seconds. The second one is for1 minute and 28 seconds.Q. Did you call Mr. Trump before you went and set up theaccount to make a transfer?61011A.Yes.1213141516171819202122Q. What, in substance, did you discuss with him on thesetwo calls?A. I wanted to ensure that, once again, he approved what Iwas doing because I required approval from him on all of this.That's what the sum and substance of the conversation was,laying out exactly what was going to happen, what was being donein order to ensure the story didn't get sold to Daily Mail orsomebody else.Q. Did you let him know you were going across the streetand you were going to get the account set up and make thepayment?23A.Yes,ma'am.2425Q. Would you have made that payment to Stormy Danielswithout getting a signoff from Mr. Trump?Theresa MagniccariSenior Court Reporter

M. Cohen Direct/HoffingerLA.No.2Q.Why not?3A.Because everything required Mr. Trump's signoff. On4 top of that, I wanted the money back.510MS. HOFFINGER:Thank you.Can you take that down.34327Now,can you show People's Exhibit 256, please, in8evidence.6(Displayed)Do you see some either emails or text messages here?Who are these communications with on October 26th?These are communications between myself and DelaneyCorp., going back to Patty.10Q.11A.I do.12Q.13A.141516171819A.Yes, ma'am.20Q. Can you take a look at the texts on that date.Actually, withdrawn.You said that you called Mr. Trump at about 8:30 a.m.on October 26th; do you recall that?21Q.At approximately 9:04 a.m., is that when you reachedout to Patty at Delaney Corp. to get documentation needed?Why did you email her? I believe it's an email at that22A.Yes.23Q.24time?25A.Because I needed to get certain documentation in orderTheresa MagniccariSenior Court Reporter

1234сл1078M. CohenDirect/Hoffinger3433to open up the account at First Republic Bank.Q. What sort of documentation did you need? I think it'sin the email.A. Final receipt.Q. For Essential Consultants?A. For Essential Consultants.Q.Did you have an understanding you would need that forthe bank to get it set up?Yes.6A.10Q.Thank you.11121314Was there some urgency with Patty at Delaney Corp. toget it right away?A. It was time sensitive, so I was doing my best withinwhich to impress upon her that I needed it ASAP.15MS. HOFFINGER:Can we take a look at now People's16368 in evidence.1718Q.19A.20Q.2122(Displayed)Do you recognize this "Know Your Customer Form?"I do.Do you know, when you open up accounts with banks, thatthey fill out "Know Your Customer" information so they know theneed for the account? Are you familiar with that?23A.Yes.24Q.Now, did you meet with a representative of First25 Republic Bank to give them some further information for the KYCTheresa MagniccariSenior Court Reporter

L2form?A.M. Cohen Direct/HoffingerYes.3Q. And--withdrawn.43434OT107ထ861011MS. HOFFINGER:Can we take a look at Page 2 of 4of that PDF. Blow up there the description of "BusinessNarrative."(Displayed)Q. And if could you read that to the jury, Mr. Cohen?A. Yes, ma'am.It states: Michael Cohen is opening EssentialConsultants LLC as a real estate consulting company to collectit should say consultation work hefees for investmentdoes for real estate deals. It is dated October 26, 2016.Q. And was that business narrative description on the KYC1213141516A.It's false.1718form true or false?19202122Q. Why didn't you give them the true reason of setting upthat account?A. To hide the intent of the reason for opening EssentialConsultants, which is to pay for a Non-Disclosure Agreement.Q. Did you have an understanding as to whether the bankmay or may not open such an account if you had given them a true23reason?24A. I believe they probably would not.25MS. HOFFINGER: Thank you.Theresa MagniccariSenior Court Reporter

M. Cohen Direct/Hoffinger34351Can you take that down.2Q.Take a look at People's 371 in evidence.Do you3recognize the documents that are contained in People's 371?4A.I do.5Q.What kind of documents are these?6A.This is a document to open up the account as well as a7891011Q.signature card.MS. HOFFINGER: And if you can scroll down alittle bit.(Displayed)Are there also some certificates attached, first of12all?13A.Yes.14Q.What is attached here?15A.This is the filing receipt for Essential Consultants.16Q.This was required for you to set up the account?17A.18Q.19Yes, ma'am.Can we take a look at Page 3 here in terms of the typeof business that's on this form.20A.Yes.21Q.What does it say?22A.23Q.24Consulting.And, again, was that a true description of your intentto open up that account?25A.No, ma'am.Theresa MagniccariSenior Court Reporter

1Q.2A.345M. Cohen Direct/HoffingerAnd for the same reasons that you said earlier?For the same reason.MS. HOFFINGER: Can we take a look at thesignature pages on Pages 4 and 5 of the PDF.(Displayed)3436७Q.I am just asking you:Did you sign that form?7A.That is my signature.Dated, October 26, 2016.89101112MS. HOFFINGER: Thank you.You can take that down.Q. By the way, did you identify Mr. Trump on that openingaccount document as being involved with that EssentialConsultants account at Federal Republic Bank?13A.No, ma'am.14Q.Why not?15A.Because, again, it was to protect him and isolate him16 from the transaction.MS. HOFFINGER:Can we now put up People's 372 inevidence. And can you read this.A.17181920Q.2122232425(Displayed)First of all, who is this email from and who is it to?This is an email from Elizabeth Rapaport, anotheremployee of First Republic Bank, on October 26, 2016, to me.Subject:First Republic Bank transfer.The importance:Hi.Good afternoon, Mr. Cohen. Per our conversation overTheresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger34371the phone, please confirm your request to transfer $131,000 from2 your HELOC account number ending in 6194 to your checking34сл10account ending in 1897.Q. And your response?response.MS. HOFFINGER: If we can show Mr. Cohen's78A.610(Displayed)"Confirmed."Q. Is this consistent with the plan that you discussedabout how you were going to fund this account to make a payment?11A.Yes.1213141516A.Q. And was this email sent to you at your TrumpOrganization email?A. Yes, ma'am.What does your signature block say on that email?Executive Vice-President, Special Counsel to Donald J.17Trump.18MS. HOFFINGER:Thank you.1920You can take that down.Can we now take a look at People's Exhibit 284 in21evidence.222324Q.If we can blow up the email a little bit.(Displayed)Do you recognize this email, Mr. Cohen?25A.I do.Theresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger34381Q.What is this email?2A.3456This is an email from Elizabeth Rapaport to me. DatedWednesday, October 26, 2016, at 4:15 p.m., regarding FirstRepublic's Bank transfer.Good afternoon, Mr. Cohen. The funds have beendeposited into your checking account ending in 1897.7Best, Lizzie.8Q.9A.10Q.11A.What do you do with that email, do you forward that?I did.Who did you forward it to?Keith Davidson.12Q.And why did you forward it to Keith Davidson?13A.In order to demonstrate to him that the deal is going141516to be consummated, that we're moving forward with it. To makesure everything stays locked down, that Ms. Daniels is undercontrol.17MS. HOFFINGER:Thank you.1819You can take that down.Can we now put up People's Exhibit 168 in20evidence.2122Q.(Displayed)Who is this an email from and who is this to?23A.This is an email from Dylan Howard, dated Wednesday,24October 26, 2016, at 8:23 p.m.25Subject is:Confirmation.Theresa MagniccariSenior Court Reporter

LM. Cohen Direct/HoffingerIt's to me and to Keith Davidson.2Q.What does it read?34391011a.m.121314Q.1535106786A.earlier.Michael, Keith: Thank you both for chatting with meConfirming Agreement on it.States: Executed Agreement hand signed by Keith'sclient and returned via overnight or same day FedEx to Michael.Next point was: Change of Agreement to reflect thecorrect LLC. because I had previously given him the nameResolution Consultants LLC.And the third part was: Transfer of funds on Thursdayto be held in escrow until receipt of Agreement.Thank you both.Dylan.Did you have an understanding why Dylan Howard wassending you and Keith Davidson this email?16A. Just outlining everything that had happened.They,1718down the Agreement.1920too, had been very active in terms of helping to secure and lockNot to mention David wanted to ensure thatMr. Trump knew how much time and work that they had investedinto making this happen for his benefit.21Q.But, just to focus, this is Dylan Howard on this making22sure,is it not, that the transaction23A.Yes. And Dylan Howard, of course, works for David24Pecker.25MS. HOFFINGER: Can we take that down now and putTheresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger3440Q.A.7Q.L234сл10up People's 366 in evidence.And can we blow up the top of this a little bit sowe can see what it is.(Displayed.)Do you recognize this document?I do.What is it?8A.This is a wire transfer document.6Q.Is it an authorization?10A.It is.1112131415MS. HOFFINGER: Can we scroll down just a littlebit to your signature.(Displayed)Q. Is this an authorization signed by you, a FirstRepublic Bank document, authorizing the transfer of money?16A.Yes.17Q.18A.What is the date on this authorization form?October 27, 2016.19Q.And so,the next day, on October 27, 2016, did you wire20$130,000 payment to Keith Davidson?21A.I did.22Q.23And is Mr. Davidson listed as the beneficiary of wireon this form?24A.Actually, his Attorney-Client Trust Account is.25MS. HOFFINGER: Can we blow up the description ofTheresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger123Q.4A.the purpose of the wire on this form.(Displayed)What does that say is the purpose of the wire?It states "retainer."5Q.And was that truthful or was there a retainer?७A.No, ma'am.Q.344178910What was the true purpose of this wire transfer thatwas made to Mr. Davidson's account?A. In order to pay Stormy Daniels to execute theNon-Disclosure Agreement and to obtain her story, her life11rights.12Q.13A.14Q.So, this was not truthful; is that right?Correct.That's for the same reasons that you stated earlier?15A.Yes, ma'am.16MS. HOFFINGER:Thank you.17181920212223Q.You can take that down.Can you now, please, put up People's Exhibit 285in evidence.Blow that up just a little bit.(Displayed.)Can you tell the jury what this email is, from who towho, and what it is?24A.Yes.25It's to me,from Keith Davidson. Dated, Thursday,Theresa MagniccariSenior Court Reporter

M. CohenDirect/Hoffinger3442L234October 27, 2016.With the subject line: Wire on behalf of EssentialConsultants LLC.It states: I confirm that I will work in good faith5 and that no funds shall be disbursed unless and until the10678610111213141516171819202122232425Plaintiff personally signs all necessary settlement paperwork.The form of which will match the prior Agreement.The settlement documents will name the correctcorporation, Essential Consultants LLC.Plaintiff's signature will be Notarized and returned toyou via FedEx.Only after you receive the FedEx, will I disburse.Fair?(Whereupon, Theresa Magniccari, Senior Court Reporter,was relieved by Laurie Eisenberg, Senior Court Reporter.)Theresa MagniccariSenior Court Reporter

12345M. Cohen Direct/Hoffinger3443(Continued from the previous page.)Q So and I apologize.Was that the second email in this email chain, was there aprior email?AYes.७7MS. HOFFINGER: Can we blow up the prior email.(Whereupon, an exhibit is shown on the screens.)And you can describe the prior email that precededMr. Davidson's response. Your email.8910A11121314151617181920Sure.Prior to the receipt of Keith Davidson's response, I hadsent to Keith: "Kindly confirm that the wire received today,October 27, 2016, shall be held by you in your attorney's trustaccount until such time as directed for release by me, inwriting. Additionally, please ensure that all paperworkcontains the correct name of Essential Consultants LLC. I thankyou in advance for your assistance and look forward to hearingfrom you later. Yours, Michael."AWhy did you send this email to Keith Davidson?I sent it to him to ensure that the wire was receivedby him, that he had properly corrected the name on thepaperwork to reflect Essential Consultants LLC, and to askdirect him, as an attorney through his lawyer's IOLAaccount, not to disburse any funds to Ms. Daniels or anyone212223him2425else until such time as directed by me.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger344412I wanted to ensure that I received the executedNon-Disclosure Agreement, as promised, before they released3funds.4At this point, you didn't yet have the signed5Agreement from Ms. Daniels; correct?6ACorrect. The signed Agreement and the Side Letter789101112Agreement.MS. HOFFINGER: Thank you.You can take that down.Now, after you wired that money to Keith Davidson, didyou then receive the final Non-Disclosure Agreement and theSide Letter signed by Ms. Daniels?13AI did.141516What were the general terms of the Agreement?Were they the same as the Agreement that had been sent toyou on October 11th?17AYes.1819202122In consideration for the $130,000, that she had transferredall rights assigned to the life rights of the story, and italso contained/states punitive damages of $1 million perviolation clause.Did you let Mr. Trump know once you received it that23you had it?2425AImmediately.Why did you do that?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger1AFor two reasons.34452345One, so that he would know the matter, the task that hegave to me was finished, accomplished and done.But, also, to take credit for myself, so he knew that I haddone and finished it. Because this was important.QLet's take a look at the Agreement first.Actually, let's take a look at let's take a look at theAgreement first.789MS.HOFFINGER: Let's put up People's 276,10please.11(Whereupon, an exhibit is shown on the screens.)1213Q Is this the final Settlement Agreement and Side LetterAgreement signed regarding the Stormy Daniels matter?14AThis is one page of it, yes.151617We can scroll down just so that you see it is thefinal Agreement.(Whereupon, the exhibit scrolls on the screens.)18A(Nods yes.) Yes, ma'am.19Did Mr. Trump sign this Agreement anywhere?20ANo.21Why not?22ABecause, again, the purpose of it was to ensure his232425name didn't appear anywhere, as he's a candidate for thePresidency of the United States of America, and this would nothave been to his benefit to do so.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/HoffingerWho signed on his behalf?12AI did.345७3446MS. HOFFINGER: Can we take a look at the firstpage, please, lower right.(Whereupon, an exhibit is shown on the screens.)Do you see some initials for DD?7AYes.816910What did that stand for?ADavid Dennison.1112Who did that reference?A That was supposed to be Mr. Trump's pseudonym.10What are the initials put upon that?13AEC.1415A16What did that stand for?Essential Consultants.Did you put that signature there?17AThat's my signature, yes.18Did you do that on each of the pages of the Agreement?19AI did.202122232425MS. HOFFINGER:Can we take a look at Page 14actually, Page 15 of the PDF where there's somesignatures.(Whereupon, an exhibit is shown on the screens.)MS. HOFFINGER: Blow that up.Q Do you see a signature by Stephanie Clifford?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger34471AI do.23AWhat's the signature below that?That's my signature on behalf of Essential Consultants4LLC.5What's the date on it?७AOctober 28th of 2016.789DD.Now, you'll see that above that, there is a line forIs there a signature there?10ANo.11Is that for the reasons you just discussed?12AFor the same reason.13141516171819202122232425There's also secondary intent here that since it's an LLC,ultimately, what I would do down the road is just transfer theLLC to Mr. Trump, and it didn't require then to have hissignature or anything attached; he would still be thebeneficial owner of it.MS. HOFFINGER: Can we take a look at the SideLetter Agreement, which is on Page 17 of the PDF.(Whereupon, an exhibit is shown on the screens.)Just as a reminder, what was the purpose of this SideLetter Agreement?AThis was a document, a one of one, that would identifywho the pseudonyms referenced.Was this the Agreement that you said only you wereLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger3448going to have possession of?12A34Correct.Who is identified here as being the David Dennison inthe Settlement Agreement?Donald Trump.Let's look at the third to last paragraph on Page 18(Whereupon, an exhibit is shown on the screens.)What does this indicate in terms of who would keep theSide Letter Agreement?A Both Keith Davidson and myself, counsel for theparties.Does it say "attorney's eyes only"?Correct.5A67of the PDF.891011121314A15Q1617AYes.1819202122232425AIs that for the reason you described, as to keep itconfidential?That was the whole purpose of this transaction.AMS. HOFFINGER: Can we take a look at Page 18 onthe Agreement, the signature blocks on the Agreement.(Whereupon, an exhibit is shown on the screens.)Who are the signatories on this Side Letter Agreement?Stephanie Clifford, Keith Davidson, and myself.The signature line is blank for David Dennison?Correct.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger3449Is it for the reasons you just disclosed?Look at Page 19, finally, of the PDF, Exhibit B.12AYes, ma'am.345७(Whereupon, an exhibit is shown on the screens.)Take a look at the signatures there.Yes, ma'am.Q Who signed this Agreement, which is Exhibit B of theA789A1011Agreement?Stephanie Clifford on behalf of Peggy Peterson, and mysignature on behalf of Essential Consultants LLC.What is the initials below your signature there?DD.Was that you signing on behalf of David Dennison?MS. HOFFINGER: Thank you.You could take that down.Q You mentioned that you spoke to Mr. Trump aboutfinalizing this Agreement.12A1314AYes.15161718192021222324A25MS. HOFFINGER: Can we take a look at People's349 in evidence.Can we take a look at the call between Mr. Cohenand Mr. Trump at 11:48 AM for 5 minutes and 16 seconds.(Whereupon, an exhibit is shown on the screens.)October 28th of 2016, I made a call to Mr. Trump thatlasted 5 minutes and 16 seconds at 11:48 in the morning.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger3450231Was that the same day that you signed theNon-Disclosure Agreement and the Side Letter Agreement tofinalize this deal?4AYes.5What did you discuss with Mr. Trump on this call?6AThat this matter is now completely under control and789locked down pursuant to the Non-Disclosure Agreement.Did you indicate to him that the documentation had allbeen finalized?10AYes.1112131415QMS.HOFFINGER: You can take that down.Can we now put up People's Exhibit 180 inevidence, please.(Whereupon, an exhibit is shown on the screens.)I want to direct your attention now to November 4th of161718A1920212425AI don't recall who sent me the text. It could have22232016.Approximately how many days before the election was this?Several days.And did you learn at around this time that The WallStreet Journal was going to release an article with the storyabout AMI had paid off Karen McDougal?AYes.How did you first learn, if you can recall, that anarticle like this was going to be published?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffingerbeen Hope or somebody else.Q But, did you understand ahead of time what the1234AYes.article, generally, was going to be about?150163451Did you understand ahead of time that in addition tothe story being, largely, about Karen McDougal, that theremight be a mention of Stormy Daniels as well?78AYes.91011AWhat did you do when you found out that The WallStreet Journal was going to be publishing such an article?Contacted Keith Davidson.12And did youbefore we get to Keith Davidson, did13you also contact Hope Hicks?14AYes.15And did you contact David Pecker?16AI did.17And what was your effort in contacting folks like1819A202122232425David Pecker and Hope Hicks at around this time?So that we can all coalesce around this issue in anattempt to, again, quell the potential effects that wouldresult from an article like this.MS. HOFFINGER: Can we take that down just for amoment and bring up People's 338 in evidence.(Whereupon, an exhibit is shown on the screens.)MS. HOFFINGER: Can we highlight the callsLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger34521between Mr. Cohen and Hope Hicks on November 4,2016?234(Whereupon, an exhibit is shown on the screens.)Do you see a number of calls that day, Mr. Cohen, thatyou had with Hope Hicks?5AI do.6789101112that day?What was the substance of your calls with Ms. HicksA Getting our hands around this article, figuring outhow to change the narrative and how to quash any of thenegative results that would come from it, as it was days beforethe election.Ω Did you discuss with Hope Hicks what the Trumpcampaign's response might be to this article?1314AYes.1516And what was the gist of the statement that was goingto be sent to The Wall Street Journal on behalf of thecampaign?1718ADeny it.192021--Did Ms. Hicks tell you before withdrawn.Did Hope Hicks share with you a draft statement that shewas going to send to The Wall Street Journal?22AYes.232425MS. HOFFINGER: Can you take that down and put upPeople's Exhibit 318 in evidence.(Whereupon, an exhibit is shown on the screens.)Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger3453document?Do you recognize that?Tell the jury what that is. What's reflected in thatA This is an email from Hope Hicks, dated Friday,November 4, 2016, to me.It states: "We have nothing to do with this final attempt12AI do.345678910111213141516by the liberal elite to disparage Donald Trump and stop thishistoric movement. We have no knowledge of this false storyallegedly being shopped around, although it comes as nosurprise--yet another publicity hungry individual with a getrich and famous quick scheme at the expense of Mr. Trump."What she was sending to me was a series of ideas andthoughts to use for the media and to put out to the media.Again, to get control over the release of that article.Was she sending you several different options for the17 campaign to spin as a response to this article?18AYes.19And was she looking for you to provide some advice to20her?21AYes.22Did you offer your input here on the campaignthe23Trump campaign's response?24AYes.25Can we scroll up to your email response to her.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger345412(Whereupon, an exhibit is shown on the screens.)A So, after reviewing her four different options, I3thought bestagain, it's the same day, 11-4-2016. This is45678910111213now taking place at 5:40 PM. And I sent this email to HopeHicks.My comment to her is: "Instead, say: These accusations arecompletely untrue and just the latest despicable attempt by theliberal media and the Clinton machine to distract the publicfrom the FBI's ongoing criminal investigation into SecretaryClinton and her closest associates."MS. HOFFINGER: Thank you.You can take that down.You mentioned that you also reached out to Keith14Davidson?15AYes.16Tell us about17MS. HOFFINGER:Well, first, can we show People's1819202122Exhibit 337.Can we cull out the seven calls Mr. Cohen hadwith Keith Davidson on that day.(Whereupon, an exhibit is shown on the screens.)Did you have a number of calls with Mr. Davidson on23that day?24AI did.25Describe, generally, the calls you had withLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger34551Mr. Davidson on that day.234A I wanted to ensure that Ms. Daniels did not go rogue,that any of the people that she had known weren't providing anystatements or information regarding this.5Let me ask you also a question: Did you also discuss6with him Karen McDougal?7AYes.8910A111213141516171819202122232425Had Mr. Davidson represented Ms. McDougal, as well asStormy Daniels?He represented both.What, if any, discussion did you have with him thatarticle we looked at was, largely, about Karen McDougal?AIt was mostly, 95 percent of it, 99 percent of it wasKaren McDougal.What, if anything, did you discuss with Mr. Davidsonon those phone calls about Karen McDougal?A That she was also under control, that nobody is goingrogue here.In addition to that, did you express any anger atMr. Davidson for that article?AYes.AWhy?Because she was his client, and I expected that hewould have this under control.Again, it was days before. And I wanted to ensure Mr. TrumpLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger34561was safe.2QWere you angry with him?3AVery.45Did you think someone on his side had leaked somethinglike this to The Wall Street Journal?AYes.78Did you indicate to him that somebody might be veryupset with him?9AI did.10Who did you indicate might be very upset with him?11MR. BLANCHE:Objection.Leading.12AMr.Trump.131415161718----1920THE COURT: Sustained.What, if anything, did you tell him about Mr. Trumpduring those calls?A That he was really angry, and I truly hoped that wedon't come back to find out that this is something that youguys did wherethis isthis is a major problem.Did Mr. Davidson issue some comments and denials toThe Wall Street Journal in response?21AYes.22Were you satisfied at that point?23AThat was the way he was going to appease me. More24 importantly, to appease Mr. Trump.25MS. HOFFINGER: Thank you.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger34571234QYou can take that down.Did you also speak with Dylan Howard on November 4thof 2016 about The Wall Street Journal article?AYes.516evidence.MS. HOFFINGER: Can we show People's 339 in7891011A12(Whereupon, an exhibit is shown on the screens.)MS. HOFFINGER: Can we cull out four calls withMr. Howard on November 4th of 2016.Yes.(Whereupon, an exhibit is shown on the screens.)Did you have a number of calls with him, as well?13AYes.14What, generally, did you discuss with him?15AThe Karen McDougal article.16Was there a concernwhat, if any,concern did17you181920212223Aon the part of AMI was there about this article?Well, remember that AMI was now in contract with KarenMcDougal for the two covers as well as the, um, 24 articlesthat were to be penned.And I was expressing to him also, in a rather angry manner,that: She's now part of your team. You need to get a hold ofthis and also start issuing denials.24MS. HOFFINGER: You can take that down.25Can you also put up 340 in evidence.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger3458123(Whereupon, an exhibit is shown on the screens.)Q Did you also have a number of calls with David Peckeron November 4th of 2016?4AYes.5What, generally, did you discuss with him?6ASame--same matter and the same statements that I had7made to Dylan Howard.8MS. HOFFINGER:Thank you.910You can take that down.Now, can we show People's 262 in evidence,11please.121314151617A181920(Whereupon, an exhibit is shown on the screens.)MS. HOFFINGER: Can we pull up, in particular,some texts on November 4th of 2016 between Michael Cohenand Keith Schiller.(Whereupon, an exhibit is shown on the screens.)So, on November 4th of 2016, at 7:26 PM, I received atext message from Keith Schiller, asking me if I can take acall in 30 minutes.My response immediately was: "Of course."21MS.HOFFINGER: Thank you.22232425You can take that down.Can we put up People's 341 in evidence now.(Whereupon, an exhibit is shown on the screens.)MS. HOFFINGER: Can we highlight the callsLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger34591between Mr. Cohen and Mr. Schiller on 11-4――November 4th2of '16.367845(Whereupon, an exhibit is shown on the screens.)What does this call summary reflect?A This reflects my conversation with Mr. Trump, who waswith Keith Schiller at the time.Q And this is the call here is at approximately9:06 PM?9AYes.10For about five minutes?11AFive minutes, 55 seconds.12Q1314Almost six minutes.And do you believe you spoke to Mr. Trump usingMr. Schiller's phone at that time?15AYes.1617Do you recall the substance of your conversation withMr. Trump, just generally?18AYes.19What was it?20AThis was21a real serious, again, problem. Especiallybeing that it was so close to theElection Day.22232425And I told him exactly who I had spoken to, the sum andsubstance of my conversations with each of them: David said he,as well, was going to get to the bottom of all of this. I hadDylan Howard on board. I even had Keith Davidson.That weLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger34601were going to be issuing denials and do everything within our2power to protect Mr. Trump.3Was he angry, upset on that call?4AYes.5Did he stress why he was upset?6ABecause there was a negative story that, once again,78910could impact the campaign as a result of women.MS. HOFFINGER: Thank you.You can take that down.Now, after The Wall Street Journal article came out1112with this story about Karen McDougal, largely, did you havesome texts with Hope Hicks right after the article came out?13AYes.141516MS. HOFFINGER: Can you put up, please, People's259 in evidence.Your Honor, is there a time you want to take a17break?18192021222324THE COURT: This a good time?MS. HOFFINGER: Perfectly fine.THE COURT: Let's take our afternoon recess.You can step out.COURT OFFICER: All rise.(Whereupon, the jurors and the alternate jurorsare excused.)25THE COURT: You can step out.Laurie Eisenberg, CSR, RPRSenior Court Reporter

123451678M. CohenDirect/Hoffinger3461(Whereupon, the witness is excused.)THE COURT: I am not going to rush you.I want to get a sense of how much you have.MS. HOFFINGER: I believe I'll be going into someportion of tomorrow.THE COURT: Thank you.(Whereupon, a recess is taken.)*9COURT OFFICER:Part 59 is back in session.1011121314151617THE COURT: You can get Mr. Cohen.COURT OFFICER:(Whereupon, the witness, Michael Dean Cohen,having been previously duly sworn and/or affirmed, resumesthe witness stand.)THE COURT: Let's get the jury.COURT OFFICER: Jury entering.(Whereupon, the jurors and the alternate jurorsWitness entering.18are present and properly seated.)192021THE CLERK: Case on trial continued.All jurors are present and properly seated.CONTINUED DIRECT EXAMINATION22BY MS. HOFFINGER:232425Mr. Cohen, when we left off, we were talking about theday The Wall Street Journal article came out about KarenMcDougal and whether you had some texts with Hope Hicks on thatLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger34621day.2Do you remember that?3AI do.4MS. HOFFINGER:Can we put up People's 259 now,5please, in evidence.७7Q(Whereupon, an exhibit is shown on the screens.)Do you recognize these texts, Mr. Cohen?8AI do.910MS. HOFFINGER: Let's direct Mr. Cohen's attentionto cells 10, 11 and 12 on the record.11(Whereupon, an exhibit is shown on the screens.)12QTexts dated November 4th of 2016.13Can you read those texts?14MR. STEINGLASS:November 5th.Those are15November 5th.16ANovember 5th.17My apologies.1819Correct. November 5th.That's the day after the article came out?20AYes, ma'am.21Can you read the texts with Hope Hicks on that day?22A23It's from me to Hope Hicks at 7:35 AM: "So far I seeonly six stories. Getting little to no traction."24Hope then responds to me: "Same."25Then she continues with: "Keep praying. It's working."Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger34631What did you mean when you said, "So far I see onlysix stories. It's getting little to no traction?"A The concern was, again, that this story would explode2345traction that the story was getting from other news Sources.into a massive issue, and we were monitoring to see the type of789So far, she only found six stories. I found six stories.And we were, again, hoping, praying that it was working,that what we did in terms of the denials and reaching out tothe various media outlets was suppressing the story itself.10MS. HOFFINGER: Can we take a look now at cell 1311121314and 14 on Page 2.This is another text on November 5th of 2016.(Whereupon, an exhibit is shown on the screens.)Can you read that?15AYes.161718statement by Storm"1920Again, November 5, 2016. From me to Hope. "Even CNN nottalking about it. No one believes it and if necessary, I have aStormy "denying everything andcontradicting the other p*rn star's statement. I wouldn't useit now or even discuss with him as no one is talking about this21"or cares.22232425Her response to me: "Agree."What did you mean here by a reference to "a statementby Stormy?"A As per the earlier statements that I made when I hadLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger34641reached out to David Pecker, Dylan Howard, Keith Davidson, the2goal was to be able to obtain statements from them and use them3and issue denials to the sum and substance of the converof4the article.5Where you indicated that if you needed to, you could786get a statement from Stormy Daniels if you needed to?ACorrect.Now, can you please take a look at cell9MS.HOFFINGER:Pull up cell 17 and 22 on Page 2101112at 11:24 AM.(Whereupon, an exhibit is shown on the screens.)Can you read those texts, please?13AThis is November 5th of 2016 from Hope to me: "David1415161718She says:1920212223Pecker's cell?"And she responds again: "I have it but he thinks it'swrong."I then sent her David's cell number, contact information."That's the same one. Thanks."I then send a response: "He called me from this numberthis morning."Hope responds to me: "The spoke. All good."I think she meant: They spoke. All good.What did you understand her to mean by "Spoke. All24good?"25AMr. Trump.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger1Spoke with who?2AI believe with David Pecker.34653456Four days later, or at that point a few days later, onNovember 4thwithdrawn.On November 8th of 2016, a few days later, did Mr. Trumpwin the election?7AYes.8910Now, after Mr. Trump was elected President in Novemberof 2016, was there going to be a continuing role for you at TheTrump Organization?11ANo.1213A141516Why not?Because my service was no longer necessary, as I wasSpecial Counsel to Mr. Trump, and he was now President-Elect.So, with Mr. Trump leaving, would there be anybody foryou to work with or report to at The Trump Organization?17ANo, ma'am.18Was that because you previously reported directly to19him?20A2122And only to him.After Mr. Trump was President-Elect, were there somediscussions about potential roles for you in the White House?23AYes.24Were you offered a position as Assistant General25Counsel?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger34661AYes. It was something that Reince Priebus had offered2to me.34A56Did you want that role of Assistant General Counsel?No, ma'am.Did Mr. Trump or anybody working for him on thetransition team ever offer you the position of Chief of Staff?7ANo, ma'am.8Was that disappointing for you, that you were not9 offered or your name was not considered for that role?10AYes.11Explain.12What was the disappointment?13AWell, I didn't want the role. I didn't believe the14151617181920212223role was right for me or that I was even competent to be Chiefof Staff.I just wanted my name to have been included in the factthat I had not once, but twice, started the campaign, been asurrogate. After all of this going through, I had other ideasfor myself, what I wanted, but I wanted to at least beconsidered.It was more about my ego than anything.Did some of your friends or your colleagues suggest toyou that you should have been considered for that role?24AYes.25Did you indulge some of that conversation?Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. CohenDirect/Hoffinger34671A2I did. I indulged them.For the reasons you explained, that you would have3liked4AI would have liked to have been considered. It would5have been right.Again, it was solely for my ego.7Q Now, at some point during this transitional time8period, so from November to December, did you pitch to9Mr. Trump another role for you after he became President?10AYes.11What was the role that you--or the title role that1213A141516A171819202122you pitched to him?Personal Attorney to the President.And what were the reasons that you wanted that title,that role, Personal Attorney to the President?First of all, I thought that he would need it becausethere was still outstanding matters that we were dealing with.And every President has a personal attorney.So, my thought was: That way I can continue to protecthim, to do the things that he needed with these other mattersand it would be protected.I also had another thought in mind, which was consulting.And that's what I really wanted. Because it also afforded methe opportunity to stay at home with or stay in New York232425with my son, my daughter, my wife.――Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger34681None of them wanted to go to D.C.2Q Was when you say it would afford you an opportunity3to do consulting, did you have an idea of how you might use4this title of Personal Attorney to the President to your5benefit?16AYes.7Explain that to the jury.8ASure.91011121314151617As Personal Attorney to the President, it opens up atremendous amount of doors for people who are trying tounderstand Mr. Trump.Unlike a Hillary Clinton or any other President orpolitician, they're known. They have a history.Mr. Trump was an enigma. He was a businessman, and nobodyknew what his feelings were, what his positions were on amultitude of different areas.Because of my close proximity to him for a decade, I did18 understand it.19And I started to receive, early on--20was2122literally, when Ilike, literally, the day after the election, peoplewould say:Hey, this is a great idea. There are people who aregoing to want to speak to you because they need to formulate23their next four years of his Presidency to benefit their24business.25Q Did you think that, in a way, that you could monetizeLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger34691234A567your being Personal Attorney to the President?AAbsolutely.In what way monetize?You know, with consulting agreements to variousdifferent companies who wanted to understand Mr. Trump andunderstand what his positions and his feelings are on certaintopics or issues.8Did that become your plan about what to do going9forward?10AYes.1112In December of 2016, did you make, sort of, a formalpitch to Mr. Trump about your having that position, Personal13 Attorney to the President?Can you explain that a bit?Yes.14AI did.1516A1718192021So,on several occasions, Mr. Trump would say: "So, whatrole is Michael taking?"Reince Preibus would say: "I'm not sure yet. I've been hereten minutes. You've been here ten years."Then we go back to my office, and I say to Reince, "It's22all good. It's all good. It's not what I wanted."232425So, I again pitched to Mr. Trump my interest in beingPersonal Attorney to the President.In order to assist me, I actually brought in an attorneyLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger34701who is incredibly knowledgeable in history and presidential2history, and he prepared a memorandum. This was like a3 three-page memo.456789And we sat with the President-Elect at the time for aboutan hour, and he went through this pitch, explaining theimportance and necessity of having a personal attorney for hisown protection and why I fit exactly that role.Now, in connection with that pitch that you made toPresident-Elect Trump at that time, in that meeting, did youdiscuss anything with him about potential compensation for that1011title?12ANo, ma'am.1314AWhy didn't you?Because I didn't expect to be compensated.1516I knew that the compensation was going to come from thecompanies that were already interested in speaking to me.171819Q Now, did you mention to some other folks at The TrumpOrganization that you had asked Mr. Trump for that title ofPersonal Attorney to the President?20AYes, ma'am.212223A2425Was one of the people that you mentioned that to AllenWeisselberg?Yes.Did you have discussions with your family about youwanting that title, Personal Attorney or Counsel to theLaurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger34711President?2AYes.34MS. HOFFINGER:I'd like to show just to thewitness, please, and Counsel and the Court, People's5Exhibit 258 for identification.16(Whereupon, an exhibit is shown on the screens of789A1011Athe witness and the parties.)Do you recognize this document?I do.What is it?These are text communications between myself and my12131415161718daughter.And what, generally, do they relate to?A To the position and the fact that I was not beingconsidered for Chief of Staff.And are these texts exact copies of textcommunications you had with your daughter on those issues atthe time reflected in this document?19AYes, ma'am.202122232425MS. HOFFINGER: I offer in evidence People'sExhibit 258.MR. BLANCHE: No objection.THE COURT: Accepted into evidence.(Whereupon, People's Exhibit 258 is received inevidence and is shown on the screens.)Laurie Eisenberg, CSR, RPRSenior Court Reporter

1M. CohenDirect/HoffingerThere are quite a few texts on there.Can you summarize to the jury what's comprised in this23text?4ASure.56So, my daughter and I are very close. We're very muchconnected.34727And she was concerned that I was upset that I was not being8 considered for the role.910I explained that Reince Priebus was pushing like a madmanearly on. But I explained to her that there are so many11opportunities."Like what?"I said: "When they come closer, I'll tell you all of them."At the time, when I was communicating with my daughter, shewas at college at the University of Pennsylvania. And I didn'twant to get into the ideas that were going on because they were1213141516171819or no?"2021still in a formulation state.And so, she asks me: "Are the opportunities in government22232425And I explained to her: "It's a hybrid."And what I was referring to as "a hybrid" is meaning asPersonal Attorney to the President, I would continue to have mycontinued access to President Trump, and I would still be ableto monetize my relationship and my ability with these variousdifferent companies.Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen Direct/Hoffinger34731(Whereupon, Senior Court Reporter Lisa Kramsky23relieves Senior Court Reporter Laurie Eisenberg, and thetranscript continues on the following page.)Sti4OT51678910111213141516171819202122232425Laurie Eisenberg, CSR, RPRSenior Court Reporter

M. Cohen-Direct/Hoffinger13474234567(Continued from the previous page.)CONTINUED DIRECT EXAMINATIONBY MS. HOFFINGER:Did there come a time, ultimately, that Mr. Trump thengave you that title, Personal Counsel to the President?AYes, ma'am.89 occurred?Do you remember do you know approximately when that10A11It was in January, like a day or two before he left forthe Inauguration.12MS. HOFFINGER: You can take that down.Thank you13so much.14151617I want to direct your attention to December of 2016,when you were still at The Trump Organization.Before President-Elect Trump gave you the title of PersonalAttorney to the President, was it customary in that time period,December of every year, actually, for18 December of 20--19 employees to receive an end-of-year bonus?2023242522222AIt was for me.21So, December of 2016, did you find outwell,withdrawn.How did you generally find out what your bonus was inDecember of each year?A So, after Mr. Trump would leave, he would be on a planeLisa Kramsky,Senior Court Reporter

L23M. CohenDirect/Hoffinger3475or he had already arrived to Palm Beach, Mar-a-Lago, Rhona wouldwalk around with a Christmas card, and it would be signed byMr. Trump and others, wishing you a Happy New Year, MerryChristmas, et cetera, and in it would be a check.5QAnd was it--16A7So now,And that's how you would find out what your bonus is.in December of 2016, just before you left The8Trump Organization, how did you find out what your bonus was?Rhona came and delivered the envelope, the ChristmasのA10card.1112Q And that year, December of 2016, was Mr. Trump in theoffice when you received that bonus check in a card?13ANo.14Do you know where he was at the time?15AHe was in flight or had already arrived.16QYou mean in Florida?17A181019In Florida.When you opened up the card and saw the check, how didyou feel about your 2016 bonus?20AAngry. Beyond angry.21Why were you angry?22AHe cut my bonus by two-thirds.232425Daniels?And had Mr. Trump, at that time, in December of 2016,repaid you yet for the $130,000 that you paid out for StormyLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger34761ANo.2Q3And so, how did you feel about the situation of himcutting your bonus and then also not repaying you yet for the4Stormy Daniels payout?5A I was truly insulted, personally hurt by it. I didn't6understand it.78910It made no sense.After all that I had gone through in terms of the campaign,as well as things at The Trump Organization, in laying out$130,000 on his behalf to protect him, it was insulting thatthe gratitude shown back to me was to cut the bonus bytwo-thirds.Did you express your anger about the situation toWould you tell the jury about your conversation withMr. Weisselberg about that?11121314Mr. Weisselberg?15AYes.16171819202122no sense. At all.232425A So, right after opening it, I actually had to take adouble take and then immediately went to Mr. Weisselberg'soffice in the back and in some very colorful language expressedto him how truly pissed off and angry I really was. This makesBut I used quite a few expletives.Now, did you mention in that conversation withMr. Weisselberg that he also hadn't repaid you for the 130,000?Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger3477LAYes.I mentioned the fact that: You didn't lay out2 the money; I did.34You weren't prepared to lay it out; I did.And the best that you get for showing loyalty, the best that5 you get for extending yourself as I did is have your bonus cut106786by two-thirds.I didn't expect more, but I certainly didn't expect less.Q Did Mr. Weisselberg generally know what executives likeyourself were getting as bonuses end year?1011AYes.Every year Allen had the list, and he would sitdown with Mr. Trump and they would go through it before thechecks were prepared.1213QAnd so,14was part of your anger also at Mr. Weisselbergfor allowing your bonus to be cut?15AYes.16Q17What was Mr. Weisselberg's response to you at that timeto the anger that you expressed to him?18A19Take it easy.are going to do right by you. We will make sure thatYou know that Mr. Trump loves you. We--we are20going to make sure that you are taken care of.Just go. Enjoy21your vacation.Relax.We are going to do--we will make this22right.2324A25office.And did he tell you when it would be made right?After the holiday, when everybody returned to theLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger3478QWhat was your understanding about whether your2impactwithdrawn.What was your understanding about whether your anger had anyimpact on Mr. Weisselberg?5AI think it did, in light of all of the things that I106had just been involved with and helped to resolve.I was, even7for myself, unusually angry. (Laughter.)8のQ Did you complain to a few other people also about youranger about not being repaid and also having your bonus cut?10AI'm sure I did.1112Pecker?Do you know whether you expressed your upset with David13AI'm sure I did.14Do you recall specifically any conversation with David15Pecker about your end-of-year bonus?16AYes.17Can you just tell the jury a little bit about that,18what you recall?19AYeah. I engaged him in conversation:Could you20212223I was really--I--2425believe this? I mean, it's like after all of this, and layingout $130,000 to protect him, this is the best that I get?And I couldn't believe it.and it was, it wasn't even so muchabout the number as much as it was about the, sort of,disrespect that came with it.Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger1And I was just just personally insulted.2QDid you ask Mr. Pecker to help you with it?3AI--I don't recall.34797A89A4Did you also complain to Keith Davidson about it at5 some point?16Do you remember having a phone call with him?I might have had a phone call with Keith Davidson.Also complaining about the situation?I may have mentioned it.10I'm not sosure that--Keith Davidson and I didn't really111213141516A1718A19know each other, other than his representation of Ms. Cliffordand Ms. Daniels, whereas David Pecker I had a much longerrelationship with. So, I'm not sure that I was complaining toKeith Davidson as much as I probably just mentioned it.Now, did you go away with your family on holiday?I did.And did Mr. Trump call you while you were on vacation?He did.Can you tell the jury a bit about that conversation?20AHe called me just before New Years, just to say:2122Next year, you should come to Mar-a-Lago.23Hello.How are things going? Are you enjoying the vacation?Don't worry aboutthat other thing. I'm going to take care of it when we get24back.25What did you understand him to mean by that?Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger34801AWhat he meant was the two-third diminution in the23510bonus..QDid he mention at all what, if anything, did hemention about any conversation that he had with AllenWeisselberg?That he spoke to Allen and that he knows that I wasangry, but it's going to we will take care of it when we all6A786101112get back.Q Now, after you had returned to the office, after yourholiday, did there come a time in January of 2017 when you had ameeting with Mr. Weisselberg concerning the repayment of the$130,000 that you had gave to Stormy Daniels?13AYes.14QTell us how that came about?151617181920A Well, it's now after the new year, and I had laid outthis money with the understanding that it was going to be paidback to me, how I was going to be reimbursed for this, and therewas no conversation about it.So, I, of course, brought it up to Mr. Weisselberg to ask:"When am I getting the money back?"2122And what, if anything, did he say about trying toresolve that with you?23A2425So he said to me: "Let's sit down. Let's meet andlet's do it."What, if anything, did he ask of you to provide toLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger3481101112131423сл107810him?A So he asked for me to bring him a copy of the statementshowing the $130,000 transfer.AndA From First Republic Bank.Q And did he say anything to you at all about-- inconnection with that meeting or in that conversation, aboutsettling things globally and the position that you wanted?Yes, because we were not only was it about theA--position, but also about other matters that were still open andoutstanding, for example, the bonus, as well as an issue with acompany called Red Finch.Q Did you provide him with a document showing thetransfer of the $130,000 to Keith Davidson for Stormy Daniels?15AYes.1617Q And did you say it was a bank statement from FirstRepublic Bank?18AYes.192021MS. HOFFINGER: Can we put up People's Exhibit 35,please, in evidence.(Displayed.)22*23Do you recognize this document?24AI do.2510What is it?Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

LM. Cohen Direct/Hoffinger3482AThis is the bank statement for Essential Consultants234слfor the period of October 26th of 2016 through the 31st ofOctober of 2016.What does it show?A This is the document that I gave to Allen.७QWhat does it show, this document?7A It shows the deposit of $131,000, and the withdrawal of8 $130,035.It does.What does it show?It shows domestic wire funds debit to Keith M. Davidson6QDoes it show where the payment went to?10A1112A13141516A17Associates PLC.Q And this is a document that you gave to Mr. Weisselbergwithout the handwriting initially?Correct.So let's look at the handwriting now. Whosehandwriting is at the bottom right?A That's my handwriting.And whose handwriting is at the bottom left and middle?18192021AThat's Allen Weisselberg's.22Q232425And how were you able to recognize Allen Weisselberg'shandwriting?A Well, I recognize the handwriting, but I was also therein the room when he was writing it.Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

LM. Cohen Direct/Hoffinger3483QOver the years you've seen his handwriting and you've2345watched him write on this document?AYes, ma'am.Now, tell us what Allen Weisselberg told you at themeeting, including what he told you to write on that document?106ASo for Tech Services that were done. And it's78のregarding a different type of a matter, one that I had gone toMr. Trump with on a regular basis in order topurchase IP addresses and things like that.--it was toThe total that wasdue to Red Finch was $50,000. But that was actually done, like,two years earlier.what, if anything, did Mr. Weisselbergtell you about what to put down about those monies that wereowed to Red Finch from two years earlier?Include everything as obviously, I was no longergoing to have a position at The Trump Organization, there was noway for me to get that money back or to have this matter doneWhat, if anything, did he tell you to do in terms oftotaling the monies owed to Red Finch and the monies that you101112So did Mr.131415A161718192021222324Total it to 180,000.25transfer fee.had paid out to Stormy Daniels to Keith Davidson?A So the 130,000 was obviously the money that went forthe Non-Disclosure Agreement.He told me to add up the 130 with the 50,000 for Red Finch.Thirty-five was lost, that was just a wireLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

LM. Cohen Direct/Hoffinger3484Then he told me what he was going to do was to, it's called2 "Gross it up, because I was taking it--because I was taking3it as income.45OT1067810And in order to get back the 180, you need to actuallydouble it because of tax purposes, being I was in the 50 percenttax bracket, City, State and Federal.So, in order to get back the 180, what he did was, he thenwrote down 360,000.Q Did he tell you that he wanted to gross up that numberof 180,000 to 360,000?1011AYes.121314151617And what was your understanding about why he said heneeded to gross it up to 360,000?A Because otherwise you wouldn't get back your 180. Itwould be, obviously, less.If they gave me the 180, and they didn't gross it up, aftertaxes onto it, it would be 90. Then, that's, again, assuming18that you take it as income as opposed to just a wash.192021Q Let me back up just for a second.Were you previously you were familiar with payingexpenses for something, in other words, The Trump Organization,did you ever pay out any expenses for a business trip orsomething like that?222324AYes.25And when you submitted it to The Trump Organization, ifLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger3485you laid out $100 as an expense, what did you get back?One hundred dollars.12A345So it was not grossed up, the reimbursem*nts were notgrossed up generally from the Trump Organization, to yourknowledge?ACorrect.And was it Allen Weisselberg's idea that it should begrossed up to $360,000?789AAnd that it should be taken as income.10And so,11was it his suggestion that you take it asincome instead of a reimbursem*nt?12AYes.13141516Now, you mentioned Red Finch. The payment plus the$50,000 to Red Finch.And I think you mentioned that it was some services that atech company had provided to Mr. Trump?17AYes.18And you said it was a couple of years earlier?19AYes, it was earlier.2021A222324And had they completed the work for Mr. Trump?They did.And had you discussed with Mr. Trump the work that wasdone and completed and that he owed Red Finch $50,000?AYes, ma'am.25And did he decide to pay Red Finch the money that theyLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

1were owed?2ANo.345M. Cohen Direct/Hoffinger3486And, briefly, without describing details, why did hetell you that he didn't want to pay them?ABecause he didn't feel that he had gotten the benefitof what he wanted, which dealt with the ranking.Q Now, did you end up paying out some money yourself toRed Finch?1067810AI did.14151610111213How did that come about?A So I happened to know the CEO of Red Finch, and heexplained to me that: This isn't fair, I'm out money, I had toacquire lay out money for the IP addresses that we were--obtaining and requesting. And each time that I needed to go backfor more,I would go to Mr. Trump's office asking and requestingthat he give me the permission.17And so,I said to him, let meI said, I'llI'll take18care of it--I'll take care of you.19202122I needed him for other things that I was working on forMr. Trump's benefit.And so I went to my bank and I took out money to give himbecause he told me he was going to be coming into New York from23 Virginia.Q And did you pay him the full $50,000? That was the2425bill?Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

L23M. Cohen Direct/Hoffinger3487ANo, ma'am.And given that you didn't pay him the whole $50,000,why did you put down $50,000 on there?4A5Allen:Well, for the previous year and a half I had toldLook, I laid it out. My hope was to get it, the money10678from Allen onto it, so that I can give it to him.But it never happened, but I constantly reminded him becauseI did want him, you know, to receive the funds.6QDid you pay Red Finch less than $50,000?10A11121314151617AI did.Okay. And why did you then ask for $50,000 back?Mr. Trump deserved the benefit of the difference.Q And if you were going to get $50,000, but you paid outless than 50,000, were you going to keep the rest of it foryourself?A That's what I ended up doing.Because that's what was owed and I didn't feel18And just to go back to one thing.Did Allen Weisselberg--was Allen Weisselberg able to1920 approve the repayment to Red Finch for $50,000 withoutMr. Trump's approval?Now, was there another piece to this repayment to you?2122ANo.232425I think where we left off, you said that Mr. Weisselberg saidyou needed to gross up the 180,000 to 360,000 to make it lookLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

123M. CohenDirect/Hoffingerlike income; is that right?ACorrect.repaid?Was there something else that you were going to be348845AYes.10QWhat else?78AThein addition to the bonus that he had already6been previously given to me of $60,0000.Q And what did he tell you about that $60,000 additionalbonus?1011AThat this is the best that he's going to get and...12Did he say anything about trying to make it right13because your bonus had been cut?14AYes. Though, it was still short of what I expected,15161718but he thought that this was going to be an amount that wouldmake it right.Q So, in addition to grossing up the 180 to 360, added onto that was another $60,000 for some additional bonus?19ACorrect.20And what was the total that he wroteso is that,21those calculations on the left side by Mr. Weisselberg?22AThey are.23And that's his handwriting?24AIt is.2510So whatcan you just tell the jury about theLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger34891additions and the calculations there that Mr. Weisselberg2wrote?345A So you take 360 and add 60 to it, it was 420,000.And what, if anything, did he indicate about the420,000 at that point, if anything?106786AWell, he didn't at that point. It was only after wehad spoken to Mr. Trump about the $420,000 which, obviously, Irealized that they had already spoken.Q Before you get to that. Just one question. Iapologize.I just want to go back to something on the issue of AllenWeisselberg telling you that they were going to gross up the 180that you had put out or stated that you had put out as anexpense, of grossing it up to $360,000, so that it would appearto be income.What was your understanding about Mr. Weisselberg's10111213141516171819202122232425tax accountants?background in terms of accounting and taxes?AHe's not a CPA. He has been Mr. Trump's CFO for wellover four decades.And as Chief Financial Officer, what is yourunderstanding about whether he oversaw the Accounting Departmentat The Trump Organization?AHe oversaw every aspect of the Accounting Department.And, to your knowledge, did he also work with outsideLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger3490L234510AHe did.And based on that, and your knowledge of working withhim over the years, what's your understanding about hisknowledge about taxes and accounting?A He certainly knows more than I do.Q What, if any, understanding do you have about why hegrossed that reimbursem*nt up to $360,000?78A610111213I didn't know. And, to be honest, I didn't really eventhink about it. I just wanted to get my money back.Q Now, at the end of the conversation that you just hadwith Allen Weisselberg, did you believe that you were or thinkthat you were going to get that $420,000 back in one lump sum?14AYes.QOkay. And following the meeting with Mr. Weisselberg15and both of you adding that handwriting to People's 35, what did16you do and where did the two of you go at that time?17A We went to Mr. Trump's office in order to speak to him18about this.19Now, when was this, approximately?20ARight before the Mr. Trump left for the21Inauguration.22QSo,was he still at Trump Tower at that time?23A24Yes.What did you understand he was engaged in at Trump25 Tower at that time?Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

L2M. Cohen Direct/HoffingerABeing President-Elect.Was he at meetings at Trump Tower?MAYes.4Now, what happened when you went into Mr. Trump's5 office to have this discussion with him?349110A7to me,1213141516171819ummm, while we were talking about this, it was8 what we're going to do is, we're going to pay you over6101112 months.It was probably better if I get it in one lump sum.No, no, no, no. Why don't you do it as over 12 months andit will be, ummm, paid out to you monthly.And did he say anything about how it would be paid outas something?A Yeah, as like a legal service rendered since I was thenbeing given the title as Personal Attorney to the President.Q And we will get to that in a second.So was this conversation that you had with Mr. Weisselbergin Mr. Trump's office with Mr. Trump?During the conversation, Allen turned around and saidand20AYes.2122And did Mr. Weisselberg have with him this document,People's 35?23AHe did.24Q25AYes.And did he show this document to Mr. Trump?Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger3492123456789And did Mr. Weisselberg say in front of Mr. Trump howmuch you were going to be paid in total?A It was going to be divided by 12, and it's $35,000 amonth, and that they would actually start making the paymentsin February, not January, because there was a lot going on withMr. Trump moving to D.C., the Inauguration, and so on.Q And did Mr. Weisselberg reflect those payments over12 months on that bank statement, People's 35?AYes.10111213And that's 35,000.14And so was it stated--1516And can you just read what that says there in themiddle or the bottom?A It says 420,000 divided by 12, that's an equal sign.And that's per month.did Mr. Weisselberg state infront of Mr. Trump that you were going to receive $420,000 overthe course of 12 months?17AYes.181920212223AAnd what, if anything, did Mr. Trump say at that time?He approved it. And he also said: "This is going tobe one heck of a ride in D.C."And did Mr. Weisselberg say in front of Mr. Trump thatthose monthly payments would be, you know, like a retainer forlegal services?24AYes.25Now, you mentioned something before, but I just wantedLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger1to question you about it.234Did you say something to the effect of that you had thesense that they had spoken about this previously?AYes.3493сл10AWhy do you say that?Because they always played that sort of game of frick7 and frack type game.8And I didn't--I had been around that office more thanの101112enough to realize that this conversation had already taken placebetween the two.And when I asked for the 420%; Mr. Trump said, no, it'sbetter, it's better to do it over the 12 months.13And14MR. BLANCHE:Your Honor, objection to that answer15and move to strike.16171819THE COURT: Overruled. Overruled.And when Allen Weisselberg laid out the plan of howmuch you were going to get paid and over what months and showedMr. Trump this document, did Mr. Trump try to renegotiate?20ANo.21So he approved it at that point?22AYes.2324Now, at some point did Mr. Trump confirm to you that hewas going to give you the title of Personal Attorney or Personal25 Counsel to the President?Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

L234M. CohenDirect/HoffingerWhen in relation to this meeting was that?AYes.3494AAround the same exact time.Okay. And was itdid you have a conversation just5 between yourself and Mr. Trump about that role during that time?10A7I mean, we've had conversations.Was itdid Mr. Trump indicate to you that he was8 giving you the title?610Was it in this meeting or shortly after this meeting?AYes.11AYes.12One or the other?13AIt was one or the other.14QAnd was itwas the $420,000 that you were going to1516receive back from Mr. Trump going to be payment for future legalservices as personal counsel?17AThat was what it was designed to be.1819A202122AWell, what was it actually?Reimbursem*nt of my money.It was. It was a repayment of which monies?well as, again, you had had the bonus and then the Red FinchIt was a repayment of the Stormy Daniels payment as23money.24Q Now, you said that you believed that this occurred at25Trump Tower some days before Mr. Trump actually left forLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/Hoffinger3495L231Washington; is that right?AQCorrect.And do you have a sense of-- based on some of yourphone records about when this meeting occurred, about the5 grossed up reimbursem*nts?107AYes.And also in connection with that, you would be given8 Personal Counsel to President Trump?6AYes.101112And, as a result of that, did you look at some of yourphone records as well?AThat's correct.13MS. HOFFINGER: So let's pull up, please, People's1415Exhibit 250 in evidence, please.(Displayed.)16MS. HOFFINGER:I'm sorry, okay. Can you make that17a little bit bigger.18Thank you.19(Displayed.)20QWhat is this text, Mr. Cohen?2122232425Who is it with?A This is a text message on January 17th from me to agentleman named Gene Freidman, who was the manager or theoperator of my yellow cab medallions in New York City.And I wrote to him, "Thank you.I leave tomorrow for D.C.Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger34961And just between us, I will be Personal Counsel to President2 Trump."OT510Q And does that help you date the time of this meetingthat you had with Allen Weisselberg and Donald Trump when youtalked about the $420,000?And in connection with you, were you also at that meeting7 shortly thereafter being given the title Personal Counsel to8Mr. Trump?10AYes.101112131415I want to just go back to one question that I neglectedto ask you.That document that we looked at, People's Exhibit 35,which contained the calculations that Allen Weisselberg did toget you from 180 to 360 and adding the bonus, and so on, did Mr.Weisselberg ever give you a copy of that document after all the16 handwriting had been put on it?17ANo.1819What, if anything, did you know that he did with thatdocument; if you know?20AI believeI don't know. I believe he put it in a21file.22QAnd so, is your sense thatbased on this document,232425Donald Trump about the reimbursem*nt?and perhaps another one, did you have a sense of the approximatetiming of the meeting that you had with Allen Weisselberg andLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. Cohen Direct/HoffingerL2AYes.What's your approximation of when it was?3497MAJanuary 17th.4And could it have been the day before? Do you know for5 sure, based on this, whether it was the 16th or the 17th?10AIt could have been the day before. And the reason I7 say that is because I spoke to Gene Freidman on a very regular8basis.のQ And you told him on the 17th that you were going to be10 Personal Counsel?11A1213Correct.Did you also go on the Sean Hannity show the next day,on January 18th, and announce that you were going to be PersonalCounsel to the President?1415AI did.1617181920AMS. HOFFINGER: Can we just pull up People'sExhibit 251 in evidence as well, please.(Displayed.)Do you recognize that?I do.21And can you tell us what those texts meant--22message is about?23that textA This is a text message from a gentleman named Steve24 Denari to me, stating that he just seen me on Hannity and saw25the announcement:"Congratulations on being President Trump'sLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

M. CohenDirect/Hoffinger3498LPersonal Counsel." His word:23"Consigliere." "Look forward tospeaking with you further after the Inauguration."Q And does that also date for you that you made thatannouncement on the Hannity show on January 18th?5AYes.10QNow, did Allen Weisselberg ask you to--or did he tell7 you or discuss with you when you would be repaid those monthly8payments for the reimbursem*nt of the $420,000?1010AYes.What did he say?11AThat it would start in February, because with the Trust12and with the movement going on of Mr. Trump going to D.C., it's13going to just take a little bit of time to get things--to get14things moving, so just be patient.1516Did he indicate something that you should do in termsof submitting something to get paid at some point?17AYes. But he18Go ahead.19AWhat he stated to me is each month, you know, just202122232425send an invoice to us and just mark down for legal servicesrendered pursuant to the Agreement and we will get you a checkout.Q Now, after Mr. Trump, President-Elect Trump gave youthe title of Personal Attorney to the President, before youleft, did you have a conversation with him about whether youLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

12M. CohenDirect/Hoffingerwould be compensated for any legal work that you might do forhim in the future in that role?349934OT510781011ANo.Did youdid it come up at all, whether, you know, ifyou did some work, whether you would be paid for it?A I mean, when he said to me, yeah, you know, whateveryou end up doing, you know, just take it easy on any bills, hegoes. But I knew what he was referring to. He had given methis title, his Personal Attorney, and I was proud to acceptthat title, which I wanted, so I knew that there would be nocompensation for any of the other work.12And so, did you have any expectation that if you did13work for him you would be paid?14ANone at all.1516And, from your perspective, how were you essentiallygetting paid for that title?17ABy monetizing the role as Personal Attorney and18creating consulting agreement relationships.19QNow, are you aware that when attorneys represent a20client and receive compensation for work, that they are required21to put together either a Retainer Agreement or a written22Engagement Letter?23AYes.24And did you ever put together any sort of a Retainer25 Agreement for any future work that you might do for Mr. Trump asLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

LM. Cohen Direct/HoffingerPersonal Attorney?2ANo, ma'am.3500m4A5Why not?Because I knew there was going to be no compensation.Q And did the $420,000 that you received have anything todo with being a payment for future work that you might do for1067Mr. Trump as Personal Attorney to the President?8ANo.6MS. HOFFINGER: Judge, is this a good time toTHE COURT: Sure. We will stop now.Jurors, before I excuse you, I remind you to pleasenot talk either among yourselves or anyone else aboutanything related to the case.10break?111213141516171819202122232425Please continue to keep an open mind.Do not form or express an opinion about thedefendant's guilt or innocence until all of the evidence isis in, and I have given you my final instructions on thelaw, and I have directed you to begin your deliberations.Do not request, accept, agree to accept or discusswith any person the receipt or acceptance of any payment orbenefit in return for supplying any information concerningthe trial.Report directly to me any incident within yourknowledge involving an attempt by any person to improperlyLisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

Proceedings3501L234сл10786101112131415161718influence you or any members of the jury.Do not visit or view any of the locations discussedin the testimony.And do not use any program or electronic deviceto search for and view any location discussed in thetestimony.Do not read, view, or listen to any accounts of ordiscussions of the case, that includes the reading or thelistening to the reading of any transcripts of the trial, orthe reading of posts on any court sites.Do not attempt to research any fact, issue or lawrelated to the case.Do not communicate with anyone about the case byany means, including by telephone, text messages, email,chat rooms, blogs, the internet.And do not Google or otherwise search for anyinformation about the case or the law which applies to thecase or the People involved in the case.19I will see you tomorrow at 9:30.Have a good20night.21THE COURT OFFICER: All rise.22(Jury exits.)2324THE COURT:25Please be seated.Sir, you can step down.Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter

ProceedingsL2THE WITNESS:Thank you, your Honor.(Witness excused.)34сл10over?THE COURT: Anything that you would like to go78go over?63502MS. HOFFINGER:No, your Honor.THE COURT: Mr. Blanche, anything you would like toMR. BLANCHE: No, your Honor.10THE COURT: Thank you very much.I will see11everyone tomorrow.121314Have a good night.(Whereupon, at this time, the matter was adjournedto Tuesday, May 14th, 2024, at 9:30 a.m.)1516171819202122232425Lisa Kramsky,Senior Court ReporterLisa Kramsky,Senior Court Reporter