Yahoo News Trump trial live updates: Key Trump White House aide set to resume testimony
Former President Donald Trump is on trial in New York City, where he is facing felony charges related to a 2016 hush money payment to adult film actress Stormy Daniels. It marks the first time in history that a former U.S. president has been tried on criminal charges.
MORE: What to know about Stormy Daniels and her connection to Trump's hush money case
Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records in connection with a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.
Latest Developments
May 10, 8:01 AM
Key Trump White House aide set to resume testimony
Former Trump White House aide Madeleine Westerhout is set to resume her testimony this morning in former President Donald Trump's New York criminal trial.
For prosecutors, Westerhout's testimony yesterday offered a detailed picture of how Trump approached his personal finances while serving as president -- including how he signed personal checks for his then-attorney Michael Cohen and others.
Defense attorneys, meanwhile, appeared to use Westerhout to highlight Trump's character following hours of abrasive testimony from Stormy Daniels.
"He never once made me feel like I didn't deserve that job and I didn't belong there, especially in an office filled with older men," Westerhout told jurors about working by Trump's side for over two years. "He was a really good boss. I hope he respected me in my job, and I just found him very enjoyable to work for."
Westerhout at one point broke down in tears on the witness stand while recounting to the jury how she lost her job after she shared private details of Trump's family with reporters at an off-the-record dinner.
"That mistake, eventually -- ultimately, cost me my job, and I am very regretful of my youthful indiscretion," Westerhout said while crying.
May 9, 5:23 PM
'We are so innocent,' Trump says exiting courtroom
Judge Juan Merchan dismissed court for the day following the late hearing.
Trump, speaking to reporters on his way out of the courtroom, railed against the judge.
"Everybody saw what happened today -- I don't think we have to do any expert explaining," Trump said. "I'm not allowed to anyway because this judge is corrupt," he said, criticizing Merchan -- who is not protected by the limited gag order in the case.
"I got to get back on the campaign trail. I'm not supposed to be here. We are so innocent," Trump said.
-ABC News' Kelsey Walsh and Mike Pappano
May 9, 5:44 PM
Judge, slamming defense, denies 2nd motion for mistrial
Merchan took defense attorney Susan Necheles to task for her failure to object to a line of inquiry about whether or not Donald Trump used a condom during his alleged encounter with Stormy Daniels.
"For the life of me, I don't know why Ms. Necheles didn't object," the judge said.
Merchan emphasized that Daniels testimony was necessary because Trump's lawyers continue to deny the encounter occurred.
"That pits your client's words against Ms. Daniels' word," the judge said.
"These details add a sense of credibility if the jury chooses to believe them," Merchan said. "Your motion for a mistrial is denied."
May 9, 4:54 PM
State argues that Daniels' testimony corroborated her account
Assistant District Attorney Joshua Steinglass heavily pushed back on defense attorney Todd Blanche's motion for a mistrial based on Stormy Daniels' detailed and explicit testimony.
"It has always been the people's contention that the details in this case -- details of the two-hour conversation that Ms. Daniels had with the defendant in the living room and the dinner room of his hotel room in Harrah's -- corroborate her account," Steinglass said.
"They corroborate that the sex happened, which is motivation to silence her," he said.
Steinglass argued that defense lawyers cannot attack Daniels' credibility in their opening statement, then move for a mistrial after the state thoroughly questioned Daniels to develop her credibility with the jury.
"They're trying to have their cake and eat it too," Steinglass said.
Steinglass also argued that the condom testimony was permissible because Trump, according to Daniels, asked her a series of questions about protection and STDs in the adult film industry during their conversation in Trump's suite.
"Mr. Trump asked a lot of questions about the testing in the adult film industry," Steinglass said. "The reason that is relevant is because it explains his decision not to wear a condom."
"You know who knew what happened in that room? Mr. Trump knew," Steinglass said. "That was Mr. Trump's motive to silence this woman in 2016."
Trump has been sitting with his arms crossed, staring at Merchan, during the hearing.
May 9, 4:40 PM
Defense, seeking mistrial, says, 'This is not a case about sex'
In the defense's motion for a mistrial, defense attorney Todd Blanche argued that prosecutors went too far with their questions during Stormy Daniels' direct examination.
"What proceeded to happen was a whole host of questions that went way beyond the mere fact that it happened," Blanche said.
"It almost defies belief we are here about a records case," Blanche said. "This is not a case about sex."
"The nondisclosure agreement was entered. Whether it happened or not has nothing to do with the charges in this case," he argued.
Blanche specifically argued that Daniels' testimony about Trump not using a condom during the alleged encounter was prejudicial to the jury.
"It's a dog whistle for rape," Blanche said.
May 9, 4:30 PM
Judge, quoting Trump himself, declines to modify gag order
Judge Merchan, after hearing arguments from the defense, declined to modify the limited gag order so Trump could respond publicly to Stormy Daniels' testimony.
"I don't see what you're referring to as a new set of facts," the judge told the defense.
"My concern is not just with protecting Ms. Daniels or a witness who just testified," the judge said. "My concern is protecting these proceedings as a whole."
In making his ruling, Merchan quoted Trump's words from an excerpt of Trump's book that the jury saw today: "When you are wronged, go after those people because it is a good feeling and because other people will see you doing it."
The judge said that other witnesses would see how Trump treats Daniels if he modifies the gag order.
May 9, 4:23 PM
Defense seeks gag order exception so Trump can reply to Daniels
Judge Juan Merchand, preparing to hear the defense's request to limit the expected testimony of Karen McDougle, who was paid by the National Enquirer to suppress her claim of a year-long affair with Trump, was told that the motion is no longer necessary.
"The people informed me they no longer intend to call Ms. McDougal," defense attorney Tood Blanche said.
Blanche then argued to Judge Merchan that Trump should be able to respond to Stormy Daniels' testimony, seeking to an exception to the limited gag order that prohibits Trump from targeting witnesses and jurors.
Blanche asked that Trump be "allowed to respond publicly to what happened in court the past day and a half."
"He needs an opportunity to respond to the American people," Blanche said.
Because Daniels is off the witness stand, Blanche argued that Trump's comments about her testimony would not impact the proceedings.
Assistant District Attorney Chris Conroy opposed the request to loosen the gag order.
"It seems as if the other side lives in an almost alternate reality. There is a proceeding here that this order is designed to protect," Conroy said, adding that the appropriate place to respond to testimony is in the courtroom.
"We have seen the fear in some of these witnesses," Conroy added, citing Westerhout's reaction when her personal information appeared on some exhibits. He added that a recent custodial witness had concerns for their safety.
According to Conroy, the fear was Trump's "doing."
Conroy argued that the gag order should protect witnesses before, during, and after their testimony.
May 9, 4:09 PM
Westerhout calls Trump's relationship with Melania 'special'
On cross-examination by defense attorney Susan Necheles, Trump White House aide Madeleine Westerhout sang Trump's praises.
"You thought he was a great person to work for?" Necheles asked.
"Yes," Westerhout said, telling jurors that Trump was a great president.
Westerhout previously testified that she found Trump's relationship with his wife Melania Trump "special," and described their dynamic in glowing terms.
"He was my boss, but she was definitely the one in charge," she said. "I just remember thinking that their relationship was really special. They laughed a lot when she came into the Oval Office."
Necheles sought to pull this thread, asking Westerhout about how they engaged with one another at the White House.
"There were times when I could tell [Trump] was on the phone with Mrs. Trump, and he would say 'Honey ... come to the window,' and they would kind of wave to each other," from the residence, Westerhout said.
Westerhout then stepped off the stand so Judge Juan Merchan could hear the three motions the defense has asked to bring. The judge dismissed the jury in preparation for hearing the motions.
Westerhout's testimony is scheduled to resume tomorrow.
May 9, 3:57 PM
Westerhout breaks down recalling her White House departure
"I am very regretful of my youthful indiscretion," Trump White House aide Madeleine Westerhout said, explaining that she left the White House after sharing information with reporters at an off-the-record dinner.
Trump appeared to confer with Blanche as Westerhout began to cry.
Fighting back tears, Westerhout said she has "grown a lot since then."
She spoke through tears and choked up as she told the jury about why she wrote her book about her time in the White House.
"I don't think he was treated fairly and I wanted to tell that story," Westerhout said of Trump.
May 9, 3:54 PM
'Sorry, sir,' Westerhout says, testifying about picture frame purchase
In June of 2017, Trump White House aide Madeleine Westerhout sent Trump Organization executive assistant Rhona Graff a photo and said then-President Trump wanted it framed.
"President Trump wanted to put in a frame to put behind his desk in the office," Westerhout testified. "Behind the Resolute Desk there was a little credenza."
Graff responded that she had no empty frames and offered to go to Tiffany & Co., next door to the Trump Tower, but she said the frames were "on the pricey side," about $650.
"Does DJT want to spend that much?" Graff asked in the email.
"Is this the type of thing that Mr. Trump would want to weigh in on?" prosecutor Becky Mangold asked Westerhout.
"I don't recall another instance like this," said Westerhout, but she said this was a photo of Trump's mother that he wanted it framed.
"We may have made the executive decision without his approval," Westerhout said. She glanced toward Trump sitting at the defense table, and said, "Sorry, sir."
