Direct Testimony of Stormy Daniels in the Donald Trump "Hush Money" Trial
Daniels testifies about her background and work in the adult entertainment industry...Daniels meets Donald Trump at celebrity golf tournament in Lake Tahoe in 2006...Donald Trump invites Daniels to his hotel and they have sex...Trump suggests he might be able to get Daniels on his The Apprentice television show as a contestant...Trump continues to call Daniels on the phone in the weeks after their affair in Lake Tahole (Transcript, pp. 2559-2625):
THE COURT: All right. People, your next witness, please.
MS. HOFFINGER: The People call Stormy Daniels, your Honor.
THE COURT OFFICER: Witness entering.
(The witness, Stormy Daniels, enters the courtroom and steps up to the witness stand.)
THE COURT OFFICER: Step up to the officer. Step up here. Raise your right hand and face the court clerk.
S T O R M Y D A N I E L S, a witness called on behalf of the People, having been first duly sworn was examined and testified as follows:
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THE COURT OFFICER: You could have a seat.
THE WITNESS: Thank you.
THE COURT OFFICER: Pull your chair up to the microphone. And state your first and last name. And spell your last name for the record.
THE WITNESS: Ready? My name is Stormy Daniels. Last name is D-A-N-I-E-L-S.
THE COURT: All right. Good morning, Ms. Daniels.
THE WITNESS: Thank you.
THE COURT: You may inquire.
DIRECT EXAMINATION BY MS. HOFFINGER:
Q Good morning, Ms. Daniels.
A Good morning. Hi.
Q Ms. Daniels, have you also been known as Stephanie Clifford?
A Yes.
Q What name do you prefer that we use here in court?
A Stormy Daniels.
Q Now, are you testifying here today pursuant to a subpoena?
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A Yes, I am.
Q Without providing any specific names, can you tell the jury a little bit about your family?
A Sure. I was born and raised in Baton Rouge, Louisiana. My parents divorced when I was four, so I was raised mostly by my mom. Now I live in Florida with my partner. And I share custody of my young daughter with her dad.
Q And how long have you known your partner?
A I have known him for almost 25 years.
Q Tell the jury a little bit about your life growing up in Louisiana?
A Like I said, I was born and raised in Baton Rouge, Louisiana. My parents split up when I was four years old. I was mostly raised by mom. Very low income family. She was a single working mom. I went to a private, very Christian, very strict elementary school that my dad paid for. And then I entered the magnet system, which is for – you have to maintain a certain GPA in middle and high school. I went to an engineering high school because I wanted to be a veterinarian and they had the best recommendation for getting into college and for getting scholarships.
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So I graduated from Scotlandville Magnet High School in 1997. I graduated top ten percent of my class for the country, and applied to both LSU Veterinarian School and Texas A & M. I received a full scholarship from Texas A & M for veterinary medicine, and -- but even that still requires you to pay for things that aren't included in scholarships. So I took a year off from that and never actually got to go back.
Q So you never actually went -- you didn't go to college; correct?
A Correct. But I did take college classes in high school.
Q And did you participate in some clubs in high school?
A Yes, I did.
Q What kind of clubs or hobbies were you involved with when you were in high school?
A I was editor of my high school paper, so I was in the journalist club. I was in 4-H because I loved horses and, also, so they would write a recommendation for veterinary school. And then I was, aside from the regular 4-H, I was in the Equine Department of -- the 4-H Department, which is the equestrian horseback riding part of that.
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And I was in the Baton Rouge Ballet Company.
Q And I'm going to ask you to slow down just a little bit so that the court reporter can get it all down and also so that the jury can hear you.
A I'm sorry.
Q It's all right.
I'm sorry.
Q Did you do some work during high school, some paperwork?
A Yes, I did. I taught handicap rider lessons at the stable where I kept my horse in exchange for board and feed for my horse and riding lessons. And I shoved manure. (Laughter). And then later I went on to dancing.
Q Okay. Tell us about the dancing, when you went on to that?
A I was 17, I think, and a friend of mine -- I met a friend who told me that she was a dancer. I thought she meant the same kind of dancing that I did, which was ballet and jazz and tap. I was wrong. (Laughter.) She was an exotic dancer and invited me to the club to see her dance; and they didn't bother to check my ID. So I started dancing on the weekends, which was actually kind of cool because I didn't have to miss any classes and could still make more in two nights than I did shoveling manure eight
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hours a day. (Laughter).
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Q So, you started making some money then in high school, is that right?
A Yes.
Q And did you move out of your mother's house at some point?
A Yes, ma'am.
Q During or shortly after high school?
A When I was 17.
Q And just briefly, why did you move out of your mother's house, just briefly?
A My mother was very neglectful. She would disappear for days at a time. I wish I could say that she was an addict of some sort, that would kind of be an excuse, but to this day I really don't know. We lived in a really bad neighborhood, and she would just vanish. And so, finally, it came to a head right around Christmastime of my senior year. And my -- and then I left for a little bit for a couple of weeks. And then I came home. And since I was 17, which in Louisiana at that time you are considered an adult, so I moved out.
Q And have you supported yourself ever since?
A Yes.
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Q Now, did there come a time that you started also doing some other work, for example, nude modeling for some magazines?
A Yes, when I was 21.
Q Why did you do that?
A Well, I was working at the club, as I said, and we would have, like, guest stars. They are called featured entertainers. For those that don't know, it's like traveling acts that come in, and they headline at the club. They put on very fancy burlesque shows. They either breathe fire or do aerial, stilts, just like they are the star performance and they give them all the special treatment. And because I had this background in actual dancing, and I was like, I want to do that, but you have to have some sort of -- a reason to be the headliner. You have to have a reason they pay you to come in and be the star. And the way to do that is either to pose for magazines or do competitions or to do adult movies. So, if you are a regular girl in the club, you can come and perform, but if you were like in Playboy, or Playboy centerfolds, or one of those people, then you could be a headliner. So, you would have to have what they would call credentials or credits. And so, I asked a lot of those performers how they got those, and, of course, they said you have to have these credits
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or a reason to be the star. And they connected me with some photographers and videographers, and I went on to pose for some magazines to get the accolades, I guess, to be able to go on tour as the featured entertainer.
Q Would that enable you to make more money?
A Yes. Obviously you get paid for that.
Q How old were you when you started that work?
A Twenty-one.
Q Now, did there come a time that you also worked in the adult film industry?
A Yes.
Q Why did you move into doing that work?
A It started the same way I just explained. So, when you had those -- you were this guest star, this featured entertainer, you can do contests, and you could really -- you could literally be Miss Nude North America or you can do magazines, like I said, but each one of these are sort of like a level. They top out on a pay grade, and the people who make the most for their appearances were the people who, the girls, performers who had done adult films. And I topped out of rate and was doing really well. I never had any sort of issue with nudity or sex or adult films. I went to California with a girlfriend of mine who was out there to do a shoot. And she obviously just wanted me to go with
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her, and I never went to California. She said, I will pay for your trip. I am so scared. So I went with her. I was an extra, like a completely clothed background extra, in a bar on her shoots. And the director, who is a very famous director, from a famous adult company, Wicked Pictures, saw me, and said he actually thought I was already an adult actress and asked me if I would be in another movie. I honestly was kind of scared to do it. And she said, I will do it with you, and just doing one you can say you have done it, and it bumps you up in pay grade. So I said, yes. And I will cut out a lot of the other details, and five days later she got on a plane to fly back home, and I got offered a contract at Wicked Pictures.
Q And how old were you at the time?
A Twenty-three.
Q Did there come a time that you started writing for adult films?
A Yes, about six months later.
Q Were you still about 23-years old?
A I was 23, yes.
Q Do you continue to write for adult films?
A Yes, I still do.
Q And did there come a time when you started directing in that industry?
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A Yes. I directed my first adult film, it was a feature, which is -- there are two kinds of films. One that is like not scripted and you are just sort of like seen. There is no thinking or you don't have to learn dialogue or whatever. And then there are adult features that are very scripted, kind of the ones if you cut out the really naughty stuff, you will see on TV late at night. They are, basically, actual movies that have sex. That's what the company I wrote for did. I was one of the youngest, if not the youngest, adult feature director and definitely the youngest female feature director. I started directing when I was 23, and I have directed over 150 films, and I have won 11 best director awards and two best screenplays.
Q And have you also acted in what we would call mainstream movies?
A Yes.
Q Could you give the jury examples of those you did?
A Sure. I was in a movie called 40-Year-Old Virgin, Knocked Up, Finding Bliss, a whole bunch. I have been in TV shows too.
Q I will just ask you to slow down a little bit.
A I was in a television show called The Dirt with Courteney Cox, Superbad.
Q And have you also acted in some music videos?
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A Yes. I did some music videos for Maroon 5, a band called Granny 4 Barrel, Rob Zombie.
Q Have you also directed some music videos?
A Yes.
Q Have you also written or are you writing some books?
A Yes. I have written a book and I am in the process of finishing up two others.
Q And the name of the book you completed?
A Well, the book that I completed was released in 2018, it's called Full Disclosure, and two more are coming out next year.
Q And have you also done some comedy shows?
A Yes.
Q Have you also in the past hosted a podcast?
15 A Yes.
16 Q What was the podcast about?
17 A The podcast was called Beyond the Norm. It was sort
18 of anything that is beyond the norm. It was about anything
19 from like serial killers, female serial killers, to UFO
20 abductions, paranormal stuff, porn. That's not -- it's beyond
21 the norm, politics, anything like that.
22 Q In connection with the podcast that might have
23 involved politics, in some of those, did you discuss Mr. Trump
24 or your experience with him?
25 A Yes, of course.
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Q Do you still host that podcast?
A Sadly, no, I don't.
Q Why not?
A Because I got fired.
Q Why was that?
A Because I was reluctant to continue talking about just that one narrative about this case, and about, um – like politics, I was told I could pick a variety of things to talk about, and they just kept going down this one subject line. And --
Q It is because of that subject line that you do not have the podcast?
A Correct.
Q Were you recently featured in a documentary?
A Yes.
Q What, briefly, was the documentary about?
A About my life and my story.
Q Included in that documentary, did you also speak about Mr. Trump and your experience with him?
A Yes.
Q In about 2009, did you also explore running in the Republican Primary for Senate in Louisiana?
A Yes.
Q Can you tell the jury a little about that?
A In 2009, let's see, I got an email from a friend
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saying, did you know about this? There is a guy in Louisiana -- first, it came at me as this person is using your name, your trademark name, and your image to promote himself. She was, actually, a little bit wrong. It was a Draft Stormy Campaign, and it was to go against the Republican David Vitter, Senator David Vitter. And I got really mad; and, basically, got ahold of the guy, his name was Brian Welsh, and went after him to stop using my name and image to promote himself. But it wasn't to promote himself, it was to bring attention to this candidate, the Republican candidate in Louisiana who was running on a platform of like -- who was anti-women and was trying to shut down like reproductive rights and sex education in school and Planned Parenthood. Meanwhile, he got caught doing some unsavory things. And he had no intention of making me the Senator, but I was helping to bring attention. I jumped on board, and, basically, was saying that I was a better choice than this guy. But I dropped out. I never wanted to actually move back to Louisiana. I didn't want to establish residency. I made a lot more money doing the job that I was doing at the time, which made for some fun campaign slogans I would have loved to use, but David Vitter would never actually – he wouldn't debate me.
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Q So just to clarify, so was the platform that you were interested in running on was to promote sex education and women's reproductive rights?
A Correct.
Q And if you had run, you would be running as a Republican, correct?
A Correct.
Q I would like now to direct your attention to July of 2006. Were you working at a celebrity golf tournament in Lake Tahoe at that time?
A Yes.
Q And for whom were you working at the time?
A I was still under contract with Wicked Pictures, the adult film company.
Q Contract, meaning you were both a director and a writer and also an actress?
A Yes, ma'am.
Q And what were you and others from Wicked Entertainment doing at this golf tournament in Lake Tahoe in July of 2006?
A So, Wicked sponsors one of the holes on the golf course, which, yes, I know it's very funny. We are an adult film company sponsoring one of the holes. And we had a table in the gift room where celebrities would come through, get a gift bag, check out the products,
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pose for photos. And that's pretty common in any sort of event. They usually have a gift room and even the award shows have these. It's very common.
Q So you went with others from your company to promote the company?
A Right. It was myself, the owner of the company, a couple of the staff from the company, and some of the contract girls, and the players would come around. You would stay at your hole that had the company's logo, and you would give them water, towels, take a photo. And then later the next day, or whatever, the evening, they would go to the gift rooms.
Q And did you meet Donald Trump on the golf course at that celebrity golf tournament in Lake Tahoe?
A Yes, I did.
Q Can you describe how you encountered him on the golf course?
A It was a very brief encounter. The players were playing. They came through very quickly. We met every person who was in the golf tournament at that moment. They came through. Obviously, they would take their shot. I would say, hello, and introduce myself to them. I introduced myself, the company, and the other contract girls, not just to Mr. Trump, but every player that came through. Gave them water, posed for pictures.
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It was a very brief encounter on the course.
Q Do you recall, if at all, what you discussed with Mr. Trump on the golf course at that time?
A It wasn't very much. So, you know, the owner of the company was like, this is my contract girl Jessica, and this is my contract star and director Stormy Daniels. And that's when he acted like, oh, you actually direct too? You must be the smart one. And there is a picture and they moved on.
Q And what did you know about Mr. Trump at the time, if anything?
A Well, that he was, obviously, a golfer, and that he had a television show I had never seen called Celebrity Apprentice or The Apprentice, and he had done some reality TV things.
Q Do you recall what the reality TV things were that you knew about at the time?
A He did a lot of cameos and things like that. I definitely remember seeing movies, commercials or whatever and something -- something for wrestling, which I am from Louisiana. It's a big deal.
Q How old were you at the time?
A Twenty-seven.
Q And did you know his approximate age, or could you tell his approximate age at the time?
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A I didn't know his age. I knew he was probably as old or older than my father.
Q So, would that -- how old was your father at the time?
A So, 60.
Q Did you see Mr. Trump again inside the gift room that you mentioned previously?
A Yes.
Q And could you just describe that encounter in the gift room, briefly?
A Sure. Like I mentioned, everybody came through. There were so many photos with the girls with all the celebrities that came through that day. He did remember us from the golf course. He talked to all of the girls. He remembered me, specifically, that I was the smart one. He asked for a DVD. We did we have a DVD. We had our adult films there. He specifically asked for the one that I had directed. At that time, it was only one that was out that I had both -- well, all three, written, directed and starred in. And that was the movie called Three Wishes. So I made sure that he got that one. We talked very briefly. Then I saw him talking to his -- his -- it's his security, but I didn't know that it was his security then at the time. I thought maybe it was his friend. I saw him
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talking to another gentleman that was with him. And then he said that -- he came back and asked, said that Mr. Trump would like to know if I would like to have dinner with him.
Q Before we get to that. You also took a picture with Mr. Trump inside the golf room?
A Yes.
Q I am sorry. Inside the gift room?
A The gift room, yes.
Q Did you take pictures with other celebrities or other folks that were coming through?
A Yes. Pretty much every celebrity that came through we took a photo of.
Q Do you see Mr. Trump in the courtroom today?
A Yes.
Q Could you just point him out and indicate an article of clothing that he is wearing?
A Navy blue jacket, second at the table.
MS. HOFFINGER: Indicating the Defendant, your Honor.
THE COURT: Yes.
Q Now, you mentioned a photo that you took with Mr. Trump, is that right?
A Correct.
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Q Officer, can you hand -- I am handing you a thumb drive, Ms. Daniels. I am handing you a thumb drive that contains four photos --
A Okay.
Q -- marked as People's Exhibits 226, 227, 228-A and 229-A for identification. Have you previously reviewed the photos that are contained on that thumb drive?
A Yes.
Q How do you know that?
A Because it has my initials on the tag.
Q And the date as well?
A Yes.
Q Thank you.
MS. HOFFINGER: I am going to ask to please put up just for the witness, the Court and the parties, People's Exhibit 226 for identification.
Q It will be on your screen in a minute.
A I have it.
Q Do you recognize what's depicted in this photo?
A Yeah.
Q What is depicted in the photo?
A It is a photo of myself and Mr. Trump in the gift room.
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Q Is it a fair and accurate representation of what you and Mr. Trump looked like at the golf tournament inside of the gift room in July of 2006?
A Of course, yes.
MS. HOFFINGER: I offer it in evidence, your Honor, People's Exhibit 226.
MS. NECHELES: No objection.
THE COURT: 226 is accepted into evidence.
Q Now, who took that photo of you that day, if you recall?
A It was a photographer who was working for Wicked. His name was Hal.
Q And in that picture, what do you see Mr. Trump wearing including a hat and his shirt?
A He is wearing a yellow-collared Polo -- Polo-styled shirt with a golf logo and a red hat with a matching logo.
MS. HOFFINGER: Can we now -- so, actually, in evidence, can we now show People's 227, in evidence?
(Exhibit is displayed in open court.)
MS. HOFFINGER: I am sorry. I haven't offered it yet.
THE COURT: Take it down, please.
MS. HOFFINGER: Can you just show it to the witness and the parties and counsel and the Judge, of course. My apologies.
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Q Is this one of the photos that you reviewed on the thumb drive?
A Yes, it is.
Q Do you recognize what's depicted in this photo?
A Yes.
Q What is it?
A A photo of Mr. Trump at the golf course.
Q Is it a fair and accurate representation of what Mr. Trump looked like to you the first time you met him on the golf course at the tournament in July of 2006?
A Yes, it is.
MS. HOFFINGER: I offer People's 227 in evidence, your Honor.
MS. NECHELES: No objection.
THE COURT: 227 is accepted into evidence.
MS. HOFFINGER: Now, you can display it. Thank you.
Q Now, what is Mr. Trump wearing in this photo?
A The same yellow shirt and red hat.
MS. HOFFINGER: You can take that down. Thank you.
Q Now, you mentioned that after you talked briefly with Mr. Trump in the gift room, that someone, his bodyguard, came over and spoke with you?
A Yes.
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Q Can you tell the jury, again, what his bodyguard told you?
A That Mr. Trump was interested in having me join him for dinner.
Q And what did you say at that time?
A F' no.
Q I am sorry.
A No, but with an expletive in the front.
Q Do you know the bodyguard's first name?
A It's Keith.
Q Did he introduce himself as Keith?
A Yes. As Keith, yes.
Q Did you know his last name at the time?
A I did not. At the time I did not know.
Q Do you know now what's his last name?
A Yes, Schiller.
Q At the time he gave you his first name?
A Yes.
Q Did Keith give you his cell phone number at the time?
A Yes.
Q And how did he give you his cell phone number?
A He actually took my number.
Q Did he ask you for your number?
A He asked for my number, and I gave him my number. And then me messaged me, and I saved it.
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Q In other words, you saved his cell phone number in your phone?
A Yes.
Q Did you create a contact in your phone for Keith in July of 2006 when he texted you that contact?
A Yes.
Exhibit 229A
7 MS. HOFFINGER: Can we show just to the witness now, People's Exhibit 229-A for identification. Just to the witness, the parties and to the Court.
Q Is this also one of the photos that you reviewed on the thumb drive?
A Yes, it is.
Q Do you recognize it?
A Yes.
Q What is it?
A It is a photo of my phone and the contact in it.
Q And is it a particular photo from your phone of the contact for Keith?
A Yes, it is.
Q Now, do you notice that the phone number for Keith is redacted to show only the last four digits of his number?
A Yes.
Q Have you had a chance to also review and compare it against the original contact in your phone with the full numbers?
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A Yes.
Q Aside from the redactions, is it exactly the same?
A Yes, it is a match.
MS. HOFFINGER: I now offer People's Exhibit 229-A in evidence, your Honor.
MS. NECHELES: No objection.
THE COURT: Was that 228 or 229?
MS. HOFFINGER: It was, actually, 229-A.
We are jumping a little. We will get back to 228. I apologize.
THE COURT: Okay. Accepted into evidence.
BY MS. HOFFINGER:
Q Tell us what that contact shows.
A It says -- it is saved under the name, Keith Trump, that I put Trump because I didn't know his last name when I saved it. And then the phone number that he texted me from that I saved.
Q And in listing it in your phone as Keith Trump, you said you didn't know his last name, why did you put the name Trump there?
A I know a lot of people named Keith, and I wanted to make sure I knew which one, which Keith it was, and because I didn't know his last name, at least I know who he works for. I do that a lot, put the name -- it's stupid -- or I put where they are from.
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Q Was it the fact that he worked for Mr. Trump that you put the last name Trump in your phone?
A Correct.
Q Do you still have Keith's contact in your phone to this day?
A Yes.
Q Now, after you left the golf tournament, did you speak with anyone else about the dinner invitation from Mr. Trump that Keith extended to you?
A Yes.
Q Who did you discuss it with?
A Immediately, my then publicist. His name was Mike. He was the first, and I think the only one that immediately I talked to about it.
Q And what -- could you tell us a little bit about the conversation with Mike and what it led you to end up doing?
A So, I was scheduled to have a dinner or to go to dinner with everyone from the company that I worked for, and I really didn't want to go to that dinner. There was a couple of people at that dinner that I didn't want to be around, you know, cat fight and stuff. And so, I said, well, I can go to this, not that I ever would. And he said, wait, this is amazing. You totally should. What better excuse do you have to get out of this
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dinner than that you are going to have dinner with Donald Trump. If nothing else, you will get a big story, and it will be good to get you out of this dinner. He said, I think you should go. It will make for a great story. He is a business guy. Like, what could possibly go wrong? That was his words to me.
Q Did he persuade you that it would be good for your career?
A Yes, he implied. He said, at the very least, he could probably have some interesting advice. At the best, maybe he can get you a pilot with an agent or something like that.
Q Did you end up going to his hotel, Mr. Trump's hotel, to have dinner with him?
A I did.
Q How did that come about?
A Keith messaged me -- I don't remember who messaged first. I messaged back and forth with Keith and set it up to arrange for me to go across town to where Mr. Trump was staying. It was not the same hotel I was staying at, and I meet him for dinner.
Q Do you recall what hotel Mr. Trump was staying at?
A I believe it was Harrah's. It was not the same one as me.
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Q How did you get to the hotel? How did you travel to the hotel?
A So, I was originally was going to walk. I set out to 4 do that and realized that I had made a poor footwear decision and that choice -- and, actually, ended up meeting with a friend of mine about halfway, talking to her, and then I took a car the rest of the way.
Q Did you indicate to your friend that you were going to have dinner with Mr. Trump?
A Yes.
Q Can you describe -- do you know, approximately, what time you arrived at Harrah's Hotel that night?
A I was in the car, I believe, at sunset.
Q Can you describe when you got to the hotel, arriving at the hotel and going inside?
A Yes. So, I arrived, and I went upstairs. Keith had given me very specific instructions to take a certain elevator up to the penthouse floor. It was the only way to get there, I guess. And so, I did so, and I went up to that level. And that is where I met Keith. He was waiting for me outside of the door.
Q How did you get into Mr. Trump's hotel suite?
A The door was actually open. It was cracked open and his bodyguard, Keith, was standing right outside the double
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doors to his room. He said, hi, nice evening, you look nice, one or two sentences of pleasantries, and said, go on in. The door was already open. So I walked on in. He said, Mr. Trump is there waiting for you.
Q You have to slow down a little bit for the court reporter. What were your expectations in going to meet him that night at the hotel room?
A I didn't really have any expectations other than he had said, Keith had said, just come up here, meet up here, and then you guys can go downstairs together to one of the – I mean, the hotel had lots of really nice restaurants. So, we would just go down to have dinner. That was my only expectation, that I would have to have dinner that I didn't want to with somebody else.
Q Can you describe the first room that you saw when you entered the hotel suite?
A Inside the room?
Q Yes. The first room you entered when you entered the penthouse.
A It wasn't really a room. It was like a foyer. Foyer.
Q What did it look like?
A It was just; like a little area, round shape, black and white tiled floors in the center, a big, beautiful wooden
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table. It looked very heavy, like a mahogany or something, super fancy, with a big flower arrangement and a light above it, and it was very, very nice.
Q Did you mention anything about the floor?
A The black and white tile.
Q Did you mention that? I might have missed it. I apologize. Now, describe, if you would, where you first encountered Mr. Trump inside of the hotel suite?
A It was right there inside of the doorway by the table with the flowers. And I called his name. I said, hello. And he came from one of the main areas of the hotel suite.
Q What -- did you notice what he was wearing at the time when he came to greet you?
A Yes. He was wearing silk or satin pajamas, like two-piece pajamas, that I immediately made fun of him for, and said, does Mr. Hefner know you stole his pajamas?
Q Who were you referring to when you said, Mr. Hefner?
A Hugh Hefner, the owner of Playboy Magazine.
Q Was that someone known for wearing pajamas out in public?
A It was sort of his signature uniform. He wore satin pajamas all the time.
Q What did Mr. Trump do when you said that?
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A I told him to go change, and he obliged very politely.
Q Did he come back at some point in a different outfit?
A Yes.
Q What was he wearing?
A Just a dress shirt and dress pants.
Q And what were you doing when he went to go change?
A Just kind of walking around, looking around the suite -- it actually was very quick, how fast he changed. It was a very big suite. You know, when you say hotel room, people often think of a hotel room that we are used to and when you walk in there is a bed, a dresser, and that's the connotation that people have in their head when you say a hotel room. This hotel room was three times the size of my apartment.
Q What sort of rooms did you see in the hotel room?
A You walked in and --
Q My apologies. What did you see in the suite?
A Suite. So you walked in this foyer that had a gigantic flower arrangement, as I said, and then you go into a living room area. That was also bigger than the living room in my first three houses, and it was carpet. And like I said, a full-size couch and chair and TV, and over to the left was a like a -- like a bar thing, I guess.
[2590]
And then a -- like another little room that had a table and chairs. It was almost a full-size dining room table with a full-size -- some people call it a buffet, some people call it a credenza, depending on where you are from. It was all heavy, beautiful furniture. There was another room over that way -- I didn't go into that room. It was a very big beautiful room. It was nicer than any of my friends' apartments.
Q When Mr. Trump came back in the suit -- you said he went to put on a dress shirt. Where did the two of you go at that point?
A To the table, I guess the dining room table. The table with the chairs would be where you would have dinner.
Q Did you both sit down at that dining room table?
A Yes.
Q Where was he sitting and where were you sitting?
A He was sitting across from me with his back against the wall, and the buffet/credenza was behind him. And I was sitting directly across from him in the main area, the living room bar area, behind me.
Q And what, if anything, did Mr. Trump say about talking a while before dinner?
A It was a little bit early. I do remember it wasn't even dark outside just yet. It was still some light coming through the windows.
[2591]
And he said, you know, it was a bit early, would you mind like just talking for a bit and get to know each other, and then we can go down or we can stay up or whatever. I said, yes, absolutely. So I took a seat and we started talking.
Q So, what were some of the things that you discussed with him? First, I am going to ask you, did you talk to him about how you grew up?
A Yes.
Q Tell the jury a little bit about that.
A Yeah. I mean, it's getting to know you. It's pleasantries. Where are you from? What's your family like? Just all of the entry conversation kind of stuff. I told him where I was from. I told him, you know, where I grew up. He asked me -- he asked me about my family. All of those things. Where I went to school. Did I go to college? Where did I live at that time? Did I have any children? I did not. Was I married? I wasn't then.
[2592]
Did I have a boyfriend? No, I didn't at the time. Just things that I like to do. Generally, get to know you sort of things. And then -- and I don't remember the exact order of everything we discussed, I just remember the conversations.
Q Let me just ask a follow-up question. Did you talk to him at all about the conditions of 8 your childhood?
A Yes. Absolutely.
Q That it was a difficult time growing up?
MS. NECHELES: Objection, your Honor.
A Yes.
THE COURT: Sustained.
MS. NECHELES: Move to strike.
THE COURT: That answer is stricken.
Q I am moving on to another question. Did he also ask about your work?
A Yes.
Q Tell the jury a little bit about that.
A He asked how I got involved in the adult entertainment business. I told him that story about how I started dancing and posing for magazines. He was very interested in how I would segue from being a porn star to writing and directing. I did have to immediately allay that misconception that
[2593]
so many have that, yes, some adult films have real scripts and are real movies, not just, oh, I am sorry, Mr. Pizza Boy, which is very offensive to me. So, I did explain to him like different types of adult films, some are scripted. Some budgets are $5,000 and some budgets are $250. I explained that there is such a budget range and how I got involved in it. He was very interested in a lot of the business aspects of it, which I thought was very cool. He asked questions like, are there any unions? Do you get residuals? How are the people paid? Do you get health insurance? What about testing? Are you worried about STD's? Do they have a doctor on staff? You know, most of the time, I am trying to be very careful and not say bad words. Most of the people who want to talk to me about work, they want to know the sexy stuff, or the dirty stuff. What's your favorite position? They want to know the salacious things. These were more very thought-out business questions. I can't tell you if I ever remember someone asking do we have a union and how we get paid and how the testing works in the
[2594]
industry, are we worried about getting pregnant or catching something. So it was a lot of that conversation.
Q Did he ask about whether you had ever been tested?
A Yes, of course. I volunteered it as well. At the time you -- you will to be tested every 30 days. Today it's every 14 days. You cannot work unless you have a test. And yes, you know, have you ever had a bad test? A bad test is something positive for something. I said, nope. I can show you my entire record. Anybody in the industry can see anybody's testing. You sort of waive that privilege. But, yes, I have every test that I have ever done for the last X amount of years. At the time it was a month, now it's twice a month. I never had a bad test. I never tested positive for anything.
Q Did you talk to him at all about protection, safety?
A Yes, a little bit. And I think that's kind of how we segued into the safety conversation. He said, aren't you worried about safety? And I was quick to point out that my time in the industry I chose to work for Wicked Pictures because they are the only condom mandatory company.
Q What does that mean?
[2595]
A Which means that even when I was working -- even if a married couple was working together, even if you were going to work with your spouse, for a husband and wife, you live together, when you perform on camera for Wicked Pictures, you have to use a condom. They are the only condom-mandatory company in the adult business.
Q Is that one of the reasons that you worked there?
A Yes. Even when I worked with my husband, I had to use a condom, even though I am allergic to latex. Latex, that type of thing. So, we were talking about that and stuff like that. So, I was like, you know, adult performers are kind of like -- I said, like WWE, like wrestling, because I really wanted to ask him about him making --
Q What did he tell you about that?
A He said that he was friends with the owner of the company. I don't know if it was Vince McMahon. And I had seen the thing on there about he does stunts, like a guest spot, not really wrestling on WWE.
THE COURT: Ms. Daniels, if you can just slow down a little bit so that the court reporter can get what you are saying.
BY MS. HOFFINGER: Q Did he tell you anything about the scripts with
[2596]
respect to his being in the wrestling with Vince McMahon?
A Oh, yeah, I made him. The little scenario or plot that he was a part of at the time was some sort of, I don't remember if it was a bet or whatever, but the point was that if he lost that he had to shave his head or Vince McMahon got to shave his head. And Donald Trump has always been famous for his do. And so, I said, well, what are you going to do if you lose? You do not have the head design to be without hair. Some of us look good bald, some of us don't. I don't think you are that man. And he said, oh, no. No. No. I agree with you. All of that stuff is predetermined. And, you know, I remember he used the word, setup, but it's predetermined in the script that we know the outcome in advance.
Q Let me ask you, at some point was there a very brief discussion about his wife, Melania?
A Yes. Very brief.
Q Did this occur in the context of you viewing a picture that included his wife?
A Yes. He showed me a few pictures of things. And I said, oh, what about your wife?
Q What did he say?
A I actually said, she is very beautiful. What about
[2597]
your wife? He said, oh, don't worry about that. We are -- actually don't even sleep in the same room.
Q Did there come a time during the discussion with him that he discussed being on the cover of some of his magazines?
A Of course.
Q Tell us about that.
A He would ask me questions and then not let me finish the answer. He kept cutting me off, and it was almost like he wanted to one-up me, which was just really hilarious when you think about it. He just wanted to talk about himself. And he said, have you seen my new magazines? Well, of course you couldn't have seen it. I have a copy. So he pulled out a magazine, I don't know if it was not released yet or just released, that he was on the cover of. It was not like I made a habit of reading financial magazines. I was just a 27-year-old stripper, but, yeah.
Q And what happened with respect to that discussion about magazines?
A At this point, I pretty much had enough of his arrogance and cutting me off and still not getting my dinner. So, I decided someone should take him on. So I said, are you always this rude, arrogant and
[2598]
pompous? You don't even know how to have a conversion, and I was pretty nasty. I snapped. And he seemed to be taken aback. And I said, someone should spank you with that. That's the only interest I have in that magazine. Otherwise, I am leaving.
Q What happened?
A I don't think he thought I would do it. So, he rolled it up and gave me the look that he dared me to do it. So, now I kind of had to.
Q So, what did you do?
A So, I took it from him and said, turn around. And I swatted him.
Q Where do you swat him?
A Right on the butt.
Q Right after that, did you continue to sit down and talk?
A Yes. And he was much more polite.
Q Did you have a discussion with him about The Apprentice?
A Yes. I think, like I said, we talked about numerous things. We talked about the golf course in Scotland, which to me was very interesting about the environment that was there. We talked about travel. Like I said, there was nothing weird about the
[2599]
conversations except that it wasn't weird, it was like business questions and thought-out questions and thought-out answers, and how did you come up with ideas for my scripts and things like that. And it was at that point he got really quiet, and he was thinking, and he told me he had an idea, that I should go on his television show.
Q Which show?
A The Apprentice.
Q Was it The Apprentice?
A I don't remember the TV show. The Apprentice, I assume it's Celebrity Apprentice. I don't know, The Apprentice. And I said there is no way that they would ever let -- there is no way NBC would ever let an adult actress on television. And I said, even you don't have that much power. And he said that he did. He said, you remind me of my daughter because she is smart and blond and beautiful and people underestimate her as well. And the way he framed it did actually make perfect sense, because he is all about like PR things, the spin. And he was like, that will really shake things up, and you can go on the show and prove that you are not just a dumb bimbo, you are more than people think and he would get a lot of attention for having this crazy idea.
[2600]
Q Did he say anything else about The Apprentice and what might happen if you went on?
A Right. And so, I was -- first of all, there is no way that's going to happen. I knew enough about his ego to know even you don't have that much power, thinking that would also make him want to do it. I was like, people underestimate women, especially people in the adult industry, when they see blond hair and big boobs, and I am a good writer and director. And he said, this is your chance to have somebody see that part of you. I was like, well, but I am not a business person. I don't have that kind of education. Like, there is no way I could win. What, if, you know -- He said, you don't have to win. You just have to show who you are. I said, what if I lose on the first episode? That also makes me look bad. People will take that and run with it. You are just an idiot like we all thought you were. And then he said, what if I tell you what the challenges are?
Q What did you understand that to mean?
A He said, you know, we can kind of like on the wrestling thing, if you know what they are, obviously, I can't
[2601]
have you win, but we can -- I am in control. I know what's going to happen. I can give you some advantage to make sure you at least make a good showing. I said, all right. We will see if I can make that happen.
Q Did he suggest that if you did get on The Apprentice what might happen with other aspects of your career?
A Just that people might be able to take me serious, know that I wasn't just an airhead. That I could finally – he knew and we talked essentially about what I really wanted to do, and that is to be taken seriously as a writer and director. And at the time I hadn't done any mainstream writing or directing, and that's still what I wanted to do. I wanted to write and direct film and music videos things like that. Nothing against the adult entertainment business. I have no shame. That's who I am, but I also wanted to direct other bigger things. They have bigger budgets and better catering. And he was like, this is your chance for somebody to see you and maybe give you that kind of opportunity. So, he pushed it as a win/win.
Q Did he ask you about any of the other people that you worked with at Wicked Pictures?
A Of course. He asked me multiple times in the conversation, like, who are you? You know, is everybody in the
[2602]
industry friends? Do you all hate each other? Do you love each other? Do you hook up off camera? I don't want to use the word, hook up. Do you sleep with each other off camera? Do you have any friends here? Well, the girls from Wicked were there. And he said, what about your friends here from Wicked? Of course I shot that down immediately because the whole reason I was having dinner there is because I didn't want to have dinner with one of them.
Q Did you call another colleague of yours during this conversation from Wicked?
A No, I didn't.
Q Not from Wicked. I apologize. Did you call another friend of yours?
A Yes.
Q Tell us about that.
A Yes. I bumped into a friend of mine that was in town. She was actually one of my neighbors as well. I had no idea that she was in Lake Tahoe. She was not there for the golf
tournament. I literally walked into her while I was walking down the street with another girl from the industry getting a tattoo
[2603]
at a tattoo parlor. And as I was walking, she called my name. Her name is Alana. And she is who I bumped into on my way over there and the one I told I was on my way to see him. And I know she didn't believe me. So when he was like, do you know anybody else? I also had two reasons for calling Alana. One because I am telling the truth. I am with Donald Trump. And, two, he asked me to call one of my friends and I didn't want to call my colleague from Wicked.
Q Did you end up calling your friend Alana from the hotel room?
A Yes.
Q Did you put her on speaker?
A Yeah.
Q What, if any, conversation did you and Mr. Trump have with Alana on speaker?
A He said, hello, which meant that I won that bet. I know she didn't believe me, and they talked. And she said, what are you guys doing? And he said, we are just hanging out. Why don't you come over and hang out with us? And she, I can't remember what kind of excuse she made. She said, yeah, I will call you back in a little bit or whatever. She didn't. Time just kept going by.
[2604]
I called her and nothing. We didn't get a good – I called her a few more times and it went to voicemail.
Q When you called her and had her on speaker phone, did Mr. Trump ask her to come over and join you as well?
A Yes.
Q Approximately, how long in total were you talking in the suite with Mr. Trump, sitting, as you said, in the dining room-type area?
A Well, close to two hours. It was a long time.
Q Now, at that point, meaning after all of that discussion that you just described, did you sense any red flags or reason that you where concerned about being there?
A No.
Q At some point did you need to use the restroom?
A Yes.
Q And did you tell --
THE COURT: Is this a good time to take a break?
MS. HOFFINGER: Yes, it is, Judge.
THE COURT: Let's take our morning recess. Please remember all of my instructions as you step out.
COURT OFFICER: All rise. (Whereupon, the jurors are excused.)
THE COURT: Please be seated. You can step down.
[2605]
(Whereupon, the witness is excused.)
THE COURT: Please approach. (Discussion is held at sidebar, on the record.)
THE COURT: I understand that your client is upset at this point, but he is cursing audibly, and he is shaking his head visually and that's contemptuous. It has the potential to intimidate the witness and the jury can see that.
MR. BLANCHE: I will talk to him.
THE COURT: So, I am speaking to you here at the bench because I don't want to embarrass him.
MR. BLANCHE: I will talk to him.
THE COURT: You need to speak to him. I won't tolerate that.
MR. BLANCHE: I will talk to him.
THE COURT: One time I noticed when Ms. Daniels was testifying about rolling up the magazine, and presumably smacking your client, and after that point he shook his head and he looked down. And, later, I think he was looking at you, Mr. Blanche, later when we were talking about The Apprentice, at that point he again uttered a vulgarity and looked at you this time. Please talk to him at the break.
[2606]
MR. BLANCHE: Yes, I will.
(Whereupon, Principal Court Reporter Susan Pearce-Bates was relieved by Senior Court Reporter Theresa Magniccari.)
(Short recess is taken.)
[2607]
THE COURT: Case on trial continued. Just two things. Mr. Blanche, did you speak to your client?
MR. BLANCHE: Yes your Honor.
THE COURT: Ms. Hoffinger, I think the degree of detail that we're going into here is just unnecessary. We don't need to know the details of the conversations, what the suite looked like, or anything like that. When she comes back to the stand, you can move along more quickly.
MS. HOFFINGER: Okay.
THE COURT: Let's get the witness.
(Witness entering courtroom.)
THE COURT: Welcome back, Ms. Daniels.
THE WITNESS: Thank you.
THE COURT: Let's get the jury.
THE SERGEANT: All rise. Jury entering. (Jury entering courtroom.)
THE COURT: Please be seated.
THE CLERK: All jurors are present and properly seated.
[2608]
THE COURT: Ms. Hoffinger.
MS. HOFFINGER: Thank you, your Honor.
CONTINUED DIRECT EXAMINATION BY MS. HOFFINGER:
Q. Now, before we broke, Ms. Daniels, we were talking about the discussions you had in the hotel suite. Did there come a time that you needed to use the restroom?
A. Yes.
Q. Can you tell us just about that?
A. I had been there for quite a while, I drank a couple of bottles of water, which is all we were drinking. It was water. And I needed to use the ladies room. So I asked if that was possible. So I was instructed to go through the living room and to the bedroom and to help myself to the facilities.
Q. When you say you were directed, who directed you?
A. Mr. Trump.
Q. Can you describe -- you said you went through a bedroom to get to the bathroom?
A. Yes. I went out of the dining room area, through the living room, through a bedroom, into what I assume is the master bedroom. It was a very large, beautiful bathroom.
Q. What did you see inside the bathroom?
A. So I walked through the bedroom. I did notice that the bed was unmade, but there were no personal items around. And I entered the bathroom. I went into the separate area where the
[2609]
toilet actually was and used the bathroom, came out, and was washing my hands and touching up my lipstick. I did notice someone had obviously been using the restroom. There were towels and stuff that was open. There was a leather, or like a leather looking toiletry bag on the counter with products and stuff in it, which, you know --
Q. What do you remember about what was inside?
A. I did look. I'm not proud of it. I wondered what is in here. And I noticed the toiletry was -- the items were Old Spice and Pert Plus. I thought that was both amusing and odd. And a manicure set, which was gold, gold tweezers and all gold things. I finished washing my hands and touched my makeup up. Then I walked out of the bathroom.
Q. Did you try to call anybody while you were inside the bathroom? Alena was not answering her phone. In fact, I wish I had a cell phone camera. If I did, I definitely would have taken a picture of that. I even thought, woe, this is crazy.
Q. Did you try to call her while you were inside the bathroom?
A. I believe so. Her phone was going straight to voicemail. At this point she wanted no part of whatever I had going on.
Q. What happened when you left the bathroom?
[2610]
A. When I came out of the bathroom, I expected to exit, go around the bed and back out to where we had been sitting and talking and hopefully say; Okay, time to go, I have been here for a long time. That was actually when I realized how long I had been there. And when I opened the bathroom door to come out, Mr. Trump had come into the bedroom and was on the bed, basically between myself and the exit.
Q. What was he wearing at the time?
A. His boxer shorts and t-shirt.
Q. What was your reaction to seeing him like that?
A. At first, I was just startled, like jump scare. I wasn't expecting someone to be there, especially minus a lot of clothing. That's when I had that moment where I felt the room spin in slow motion. I felt the blood basically leave my hands and my feet and almost like if you stand up too fast, and everything kind of spinned, that happened too. Then I just thought, oh, my God, what did I misread to get here. Because the intention was pretty clear, somebody stripped down in their underwear and posing on the bed, like waiting for you.
Q. What happened when you came out of the bathroom, did he stay on the bed?
A. When I exited, he was just up on the bed like this
[2611]
(indicating).
Q. What happened after that?
A. And I went to step around. I laughed nervously, and, you know, tried to make a joke out of it, and step around and leave. Even though I was moving like I was in a funhouse, like slow motion. I thought to myself; Great. I put myself in this bad situation, like what did I do, how did I misread everything. He stood up between me and the door, not in a threatening manner. He didn't come at me. He didn't rush at me. He didn't put his hands on me and nothing like that. I said, I got to go. He said, I thought we were getting somewhere, we were talking, and I thought you were serious about what you wanted. If you ever want to get out of that trailer park -- basically, I was offended because I never lived in a trailer park.
THE COURT: Sustained. Move along.
THE WITNESS: I am sorry, Judge. I don't understand.
THE COURT: The objection is sustained.
Q. You were both standing up at this time?
A. Yes.
Q. And what happened next, briefly?
A. I just think I blacked out. I was not drugged. I
[2612]
never insinuated that I was on drugs. I was not drunk. I never said anything of that sort. I just don't remember --
MS. NECHELES: I object.
THE COURT: Overruled.
Q. Did you at some point --
THE COURT: Please approach. (Whereupon, proceedings were held at sidebar:)
THE COURT: Tell me what your objection is?
MS. NECHELES: She is making it sound like she was drugged.
MS. HOFFINGER: She said she wasn't drugged.
MS. NECHELES: She said she is dizzy, she blacked out.
THE COURT: I got the impression she was saying she wasn't drugged. She is not suggesting she was drugged. I sustained your objection. If you want -- I got the impression -- Do you want to consult with the other lawyers.
MS. HOFFINGER: I can clarify, if you would like.
MS. NECHELES: I think it should be clarified. She is not saying she was not.
MS. HOFFINGER: Sure, I can do that.
(Whereupon, the following proceedings were held in open court:)
THE COURT: The objection is sustained.
[2613]
BY MS. HOFFINGER:
Q. I want to clarify and ask you to slow down so the reporter can understand you. Were you saying you were not drugged in any way; is that correct?
A. Correct.
Q. You had not had any alcohol in any way?
A. Correct.
Q. Okay. And that's what you were trying to convey?
A. Yes.
Q. So, he was standing up and you were standing up. What were your relative heights?
A. I am 5'6", 5'7", and I don't know how tall he was, definitely several inches taller and much larger.
Q. But you said you didn't feel threatened; is that right?
MS. NECHELES: Objection, leading.
THE COURT: Sustained.
Q. Did you feel threatened by him?
A. No, not physically. Although, I did note there was a bodyguard right outside the door. There was an imbalance of power for sure. He was bigger and blocking the way. But, I mean, I was not threatened verbally or physically.
Q. Can you briefly describe, at some point, did you end up
[2614]
on the bed having sex?
A. Yes.
Q. Can you very briefly describe where you had sex with him?
A. The next thing I know, I was on the bed, somehow on the opposite side of the bed from where we had been standing. I had my clothes and shoes off. I believe my bra, however, was still on. We were in the missionary position.
MS. NECHELES: Objection.
THE COURT: Sustained.
Q. Without describing the position, do you remember how your clothes got off?
A. No.
Q. Is that a memory that has not come back to you?
MS. NECHELES: Objection.
THE COURT: Sustained.
Q. You don't at this point remember; is that correct?
A. Correct.
Q. And did you end up having sex with him on the bed?
A. Yes.
Q. And do you know -- withdrawn. Do you have a recollection of feeling something unusual that you have a memory of?
MS. NECHELES: Objection.
THE COURT: Sustained.
[2615]
Q. What, if anything -- do you remember anything other than the fact that you had sex on the bed?
A. I was staring at the ceiling. I didn't know how I got there. I made note, like I was trying to think about anything other than what was happening there.
MS. NECHELES: Objection.
THE COURT: Sustained.
MS. NECHELES: I move to strike.
THE COURT: The answer is stricken.
Q. Did you touch his skin?
A. Yes.
MS. NECHELES: Objection.
THE COURT: Sustained. Sustained.
Q. Was he wearing a condom?
A. No.
Q. Was that concerning to you?
A. Yes.
Q. Did you say anything about it?
A. No.
2. Why not?
A. I didn't say anything at all.
Q. Do you recall how it ended, the sex?
A. Yes.
Q. Was it brief?
A. Yes.
[2616]
Q. Do you remember at some point getting dressed?
A. Yes.
Q. And tell us what you recall about getting dressed?
A. Sitting on end of the bed, noticing that it was completely dark outside now, and that it was -- it was really hard to get my shoes on, my hands were shaking so hard. I had on tiny little -- they was strappy gold heels with little tiny buckles. My hands were shaking so hard. I was having a hard time getting dressed. He said, "Oh, great. Let's get together again honey bunch. We were great together." I just wanted to leave.
Q. Did you say no at any time during sex with him?
A. No.
Q. Why not?
A. Because I didn't say anything at all.
Q. Did you notice afterwards a DVD on the side table?
A. Yes. The DVD I had given him earlier in the gift bag from the show was on the nightstand, that I signed.
Q. When you were leaving and you went to leave, what, if anything, did you do or say?
A. He said, "We have to get together again soon." He went to kiss me goodbye. I just left as fast as I could. You know, that was it.
Q. Did he say anything to you about talking again?
A. Yes. He said, "We should get together again. We were
[2617]
fantastic together. I want to get you on the show." And that was it. He didn't give me anything. He didn't offer to pay me or anything or a cell phone number or anything like that.
Q. Did he ask you to keep your encounter with him confidential?
A. No.
Q. Did he express any concern at that point about his wife finding out?
A. No.
Q. Did you end up having dinner in his room that night?
A. No.
Q. You said it was dark out when you left?
A. Yes.
Q. And do you recall how you got back to your hotel?
A. It was a cab.
Q. After that night, did you tell anybody else about what happened?
A. Yes.
Q. Just give us a sense of the people that you told and what you told them?
A. I told very few people that we had actually had sex because I felt ashamed that I didn't stop it, that I didn't say no. A lot of people would just assume -- they would make jokes out of it. I didn't think it was funny. I didn't want to hear about it, or assume that I was paid prostitute, which I wasn't.
[2618]
So I told very few people. I also didn't want it to get back to anybody that I was dating.
MS. NECHELES: Objection.
THE COURT: Sustained.
Q. There are some details that you said you still don't remember?
A. Yes.
Q. Did there come a time some years after the encounter with Mr. Trump that you remembered some additional details about what happened that you hadn't remembered earlier?
A. Yes.
Q. Can you tell the jury about that?
MS. NECHELES: Objection.
THE COURT: Overruled.
A. So most of everything I said I have said consistently, every interview in the book.
Q. Just to direct you, were there certain things that you always remembered --
A. Yes.
Q. -- about what happened in the room?
A. Yes.
Q. You always remembered that you had sex with him, for example?
A. Yes.
MS. NECHELES: Objection.
[2619]
THE COURT: Please approach. (Whereupon, proceedings were held at sidebar:)
THE COURT: Your objection is to leading?
MS. NECHELES: The objection to leading, but I am also objecting to the witness just going off on tangents.
THE COURT: Ms. Hoffinger is doing some leading. I will sustain your objection as to leading. But I think that is what Ms. Hoffinger is trying to do, she is trying to direct her. I think that might be the safer course.
MS. NECHELES: Your Honor, I understand that. The problem is, that she is also leading her through a set of things: What do you remember? And, so -- and obviously the problem with leading, it suggests answers sometimes. So I understand that -- maybe if your Honor could direct the witness to just answer the questions.
MS. HOFFINGER: I think that she has answered my questions. I think asking her to answer my questions is not necessarily probative. But I would say, I have been leading her to try to be cognizant of the Judge's decision. I have had a chance to talk to her about it. I was trying to lead her. Second, Ms. Necheles has made very clear her story
[2620]
has changed and is going to. So I need to elicit there were certain things she always remembered, but she did have an experience in 2019 when she saw the movie Bombshell that caused her to remember some additional details. That is what I am trying to bring out.
THE COURT: What was the Bombshell?
MS. HOFFINGER: It was a movie about Roger Ailes. That is how she remembered what he said to her when she came out of the bathroom, which was about the trailer park.
MS. NECHLES: She did mention trailer park, and that's why I objected. That is not necessary.
THE COURT: Sure. We need some finality in this case.
MS. HOFFINGER: Okay. I will try to direct her a little bit around that. I don't need to ask the last question, which was, were there things you always remembered, which I can go straight to the Bombshell movie, what happened, how she remembers additional details.
MS. NECHELES: It goes to the thing that she said about the trailer park, I have to cross-examine her. But we believe that this has now introduced -- and what the prosecution is going to do is introduce even more this whole theory of inappropriate power being used, and when she said it was undue influence being used, an
[2621]
imbalance.
THE COURT: I think we need to stay the course. Avoid anything that is going to get us into trouble. I will let you ask the question again. If she doesn't answer directly, I will ask her to answer the question.
MS. NECHELES: The Bombshell stuff?
THE COURT: Not coming in.
MS. HOFFINGER: You want me to not ask the question?
THE COURT: Don't ask it.
MS. HOFFINGER: Can I on redirect, if they question on cross?
THE COURT: Yes.
(Whereupon, the following proceedings were held in open court:)
CONTINUED DIRECT EXAMINATION BY MS. HOFFINGER:
Q. Ms. Daniels, did you see Mr. Trump again in Tahoe the next day?
A. Yes.
Q. Tell the jury about that.
A. The next day I met him, this time at my hotel, at a nightclub restaurant bar downstairs.
Q. What was going on in your hotel that night?
[2622]
A. It was all part of the same event, the charity event. They did a silent auction. They had cocktails, however, whatever. I met him at one of the nightclubs there.
Q. So that was part of your participating in the things that Wicked was doing for this golf tournament?
A. Yes.
Q. You met him there. Where was it? Did you say it was in the lobby?
A. The nightclub, a bar, like in the lobby of the hotel. It was a nightclub.
Q. Did anyone call you before going there to indicate that Mr. Trump was going to be there?
A. Yes. Keith said he wanted to talk to me again, would I be willing to meet him. This time it was in public. I said, yes. And when I arrived, he was sitting at a booth in a nightclub. It was dark. There was loud music, drinking. He wasn't drinking, but it was a bar. He was with his friend and bodyguard.
Q. And when you say "his friend," do you know who his friend was?
A. Ben Roethlisberger from the Pittsburgh Steelers.
Q. Did Mr. Trump say hello to you and introduce you?
A. Yes.
Q. What did he say?
[2623]
A. He introduced me as his little friend Stormy to Big Ben, the football player, and we sat down. I remember it clearly because I talked Ben into letting me try on his Superbowl ring and two of my fingers fit into it.
Q. When you say "Big Ben," is that how Mr. Trump referred to Mr. Roethlisberger?
A. Yes.
Q. What, if anything, did you discuss at the table with Mr. Trump or Mr. Roethlisberger?
A. It was really loud. I mean, it was very, very brief. They were talking. I think they had been having a conversation when I arrived. They kind of continued it out of earshot. They were whispering to each other. Then he said -- he did come back to me: Hey, everything about our idea, I think it's good. I got to get back home and figure out how to get you on the show. He took a call. He was very busy. He left and said: "You know, I am going to have Ben walk you back to your room," and, "Ben, would you mind seeing her up?" It was very, very short. Maybe ten minutes that I was there.
Q. And Ben walked you up to your room?
A. Yes.
Q. Did you leave Lake Tahoe the next day?
[2624]
A. I believe it was the next day, yes.
Q. And do you recall the first person you did tell about having that sexual encounter with Mr. Trump?
A. I think Keith. Not the same Keith. Keith, my friend. I rented his house. He was one of my best friends. He was like my dad. And my makeup artist, Christine.
Q. Did you tell either of them all the details of what occurred in the room or just some of them?
A. Most of them.
Q. And were there others that you told about some of it?
A. Sure.
Q. Did you tell those folks, did you tell them all of what happened?
A. There were several people that I told. I told lots and lots of people that I had told that I had gone to his room and that I had met him. It wasn't a secret at all. I told scores of people that. The sex part, I told very few very close people, like Kieth, who was photographer/best friend/family, and my makeup artist, who is my very best friend and confidante. Her name is Christine. And my assistant at the time. My assistant, her name is Yoli.
Q. Did Mr. Trump call you after that encounter in July of 24 2006 in Tahoe?
A. Yes.
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Q. Tell us about that, how often he would call you?
A. He would call on average once a week. Sometimes two or three times a week. Sometimes not at all for three weeks. He would always call. I was working a lot at the time. I was shooting a lot, I was directing photo shoots for magazines or whatever. I always put him on speakerphone. We thought it was funny. I put him on speakerphone and dozens and dozens of people heard me on the phone with him. It was not a secret. My entire crew and cast, especially my cameraman and makeup artist. He always definitely loaded the call with an update or a non-update, if he didn't have one, for The Apprentice, and always talked about when we could get together again. Did I miss him? He always called me honey bunch. And when was I going to be in New York. Did I need anything? He was working on the The Apprentice thing. He would say, I didn't have a chance to talk to him.
Q. When you put him on speakerphone, did you tell him he was on speaker?
A. No.
Q. Did he ever tell you during those calls that you should keep it confidential and not tell anyone?
A. No.
Q. Why did you continue to take his calls?
A. Because I did tell my publicist, Mike, about The
[2626]
Apprentice thing. He took great pride in telling me he told me to go to that dinner -
THE COURT: Ms. Daniels, listen to the question and answer the question.
A. -- to go and meet him was good.
Q. Why did you continue to take his calls?
A. My publicist thought it was good to continue my conversations with him about the television show.
Q. At some point, did Mr. Trump give you his work number?
A. He gave me his assistant's number.
Q. And did he give that to you over the phone or in person?
A. Over the phone.
Q. And what did he tell you about that number that he gave you?
A. That it was a person who worked closest with him. She -- her name was Rhona. I remember writing it down on the notepad in my house while I was on the phone. If I ever need to get a hold of him, she would know how.
Q. Do you remember, approximately, when he gave you that phone number?
A. I know where I was at, what house I was living in. I know it was late Summer of 2006.
Q. And what did you do with the number when he gave it to you?
[2627]
A. I wrote it down on a piece of paper next to my bed and I entered it into the phone.
Q. When you say you "entered it into your phone," did you put it into your phone contacts?
A. Yes. Sorry.
Q. That's all right . . . .
Daniels testifies about Donald Trump making sexual advances on her in a Beverly Hills bungalow….Daniels learns she would not appear on The Apprentice…Daniels stops taking Trump’s phone calls and moves on with her life…Daniels agrees to interview in 2011 with a gossip magazine about her affair with Trump…Daniels and her daughter are threatened by a man in a Las Vegas parking lot who tells her not to let her story of the affair get published…Daniels blocks publication of a story about her affair with Trump in In Touch magazine and gets a story taken down on a gossip website… After Trump announces run for presidency, Daniels is urged to sell her story…Daniels agrees to sell her life story for $130,000 ...Daniels understands story is being bought by Trump's lawyer to keep it out of the public as Election Day approaches (Transcript, pp. 2635-2655):
Q. Now, after the Miss USA Pageant, sometime around the Summer of 2007, did you meet with him [Donald Trump] again in L.A.?
A. Yes.
Q. How did that come about?
A. Same way I always did. He would call from a New York number or from Keith's number and/or Rhona's number, I guess, and said he was going to be in L.A, he had the final information almost all sorted out for the show; would I meet him again for dinner at his bungalow, the Beverly Hills Hotel.
Q. Did you end up going to the bungalow?
A. I did.
Q. And how did you get there?
A. Mike, who was previously my publicist, we were now dating, he drove me in my car.
Q. And had you told your boyfriend at that time about what exactly had happened in the hotel room with Mr. Trump?
A. Not the sexual part.
Q. Why not?
A. Because I was ashamed.
Q. Why did you decide to go meet him at the bungalow?
A. To speak. Mike did know about The Apprentice thing. If I suddenly didn't want to do it, it would be very weird.
Q. Did you meet anyone outside? How did you get into his bungalow?
A. He gave me specific instructions. The place is kind of complicated to pull up to. His bodyguard, Keith, met me at my car, and Mike stayed in the car. He escorted me through like these back patios to his particular building.
Q. Did you ask your boyfriend to just wait for you?
A. It was pretty common.
Q. Did you go into the bungalow to meet with Mr. Trump?
A. Yes.
Q. And tell us a little bit about what you discussed with him in the bungalow?
A. Same sort of thing. He was busy. He was on the phone. When I got there, there were several phone calls. He was watching television. I said, you know, what are we having for dinner? He was watching a documentary. We were talking about the documentary that he was watching about some sailors that got killed by sharks or submarines. He kept trying to make sexual advances, putting his hand on my leg, scooting closer, giving me compliments.
Q. What was your response?
A. I told him I was on my period.
Q. But you told him you did not want to; is that right?
A. Yes.
Q. Was there more discussion about the The Apprentice?
A. Yes. But a lot less than I thought there would be, no real update.
Q. And about how long did you stay?
A. Two hours, tops. More than an hour, less than two.
Q. And what did he say when you were leaving, when you decided to go?
A. "Want to get together again? I missed you." You know, the usual.
Q. Did he on that occasion tell you to keep it confidential and not to tell anyone?
A. Absolutely not.
Q. Did he appear to be concerned with anybody else finding out that you were there with him?
A. Absolutely not.
Q. Was that the last time that you saw him in person?
A. Yes.
Q. And did he call you after this meeting in the bungalow in L.A., did he call you again?
A. Like that night?
Q. Did he call you another time?
A. Yes.
Q. Approximately, how many times did he call you?
A. A few more times. One was to tell me that he could not get me on the television show, that he had been overruled by his -- he had been overruled by someone higher up's wife having a problem. He owed it to them to go with their opinion, I guess. And he tried a couple of more times; I did not answer his call. Then one time I did answer, it was a New York number, I didn't always know that it was him, to tell me that he did not know that Jenna Jameson was going to be on the show.
Q. Who was Jenna Jameson?
A. She is another adult film actress. She wasn't a contestant on the show. Her then fiance or husband at this time was Tito Ortiz, an MMA fighter, and he was on the show. She made a guest appearance and some stuff. He thought I was going to be mad. I didn't care.
Q. You didn't care at that point?
A. No.
Q. Was that the last time you spoke to him by telephone or in person?
A. Yes.
Q. And after, did you sort of stop taking calls? How did you know that -- did you know one way or the other whether he called you again?
A. I think he did a couple of more times. I have no way of knowing for sure. It would be a blocked number or a New York number. I didn't have a lot of people from New York calling.
Q. Did you stop answering those calls?
A. Yes.
Q. At that point, did you move on with your life?
A. Absolutely.
Q. For the next three years, January of 2008 until about May of 2011 or so, what did your life look like?
A. It was pretty awesome. I got a raise. I was directing a lot more movies, a lot more mainstream things. That's when I did the 40 Year Old Virgin and all those big movies. I started directing music videos. I got married. I had my daughter. Became a nationally-ranked equestrian with my horses.
MS. NECHELES: Objection.
THE COURT: I will allow it.
A. Bought a house. Moved to Texas.
Q. Any interactions during that time with Mr. Trump?
A. No.
Q. Let me direct your attention now to about May of 2011, did you agree at that time to be interviewed for an article by a magazine called In Touch?
A. Yes.
Q. And, first of all, what is In Touch?
A. It's an entertainment magazine, like a sort of tabloid, fluff magazine.
Q. How did that come about, that you agreed to be interviewed by In Touch?
A. One of the other performers at Wicked, Randy Spears, his wife did entertainment, like PR management. Her name is Gina. She reached out to me and said that someone had sold a story about me and Mr. Trump to In Touch, or to a magazine - I am not sure if she said In Touch -- to a magazine, and they were going to do a story, and I freaked out. I don't know who leaked it. I had just had my daughter. I said no at first. She said, they're going to run it anyway, better that you take control. I didn't have money at the time. You can't let somebody else make the money off of you. You can make sure that it's accurate and get paid.
Q So, she said you can either take control of it and get paid or someone else will have control of it?
A Or someone else can basically speak for you and make the money from it, and who knows what they'll say.
Q What was the -- if you agreed to do the interview and get paid, would your agent -- Gina Rodriguez was your agent?
A Yes.
Q Would Gina also get paid as a result?
A Yes.
Q Did you decide to do a brief interview with In Touch?
A Yes.
Q Why did you decide to do it?
A For the reasons I just said. I would rather make money than people make money off of me, and at least I could control the narrative.
Q How much were you supposed to get paid for the article?
A $15,000.
Q You said you just had your daughter. Were you doing less work at that time?
A Yes
Q Approximately how long was the interview that you had?
A It was a phone interview, like between 10 and 20 minutes.
Q What was your understanding about whether this article was meant to be for entertainment purposes?
A One was for In Touch magazine. In Touch is like - it's a gossip magazine.
Q Did you discuss with In Touch all of the details of what happened in the room at Harrah's with Mr. Trump?
A No. I tried to keep it fairly light-hearted and quickly to the point.
Q. Did In Touch end up running that story in 2011?
A No.
Q And, at the time, did you know why they didn't run the story?
A Not exactly, no. No, I -- I know what I was told.
MS. HOFFINGER: May we approach just for a moment?
THE COURT: Sure. (Whereupon, the following proceedings were held at sidebar:)
MS. HOFFINGER: Judge, we're now at the point at which I would elicit that in 2011, she had an encounter in a parking lot with a gentleman who said, "Leave it alone," about the article. I would like to elicit it because, again, it's been brought out on cross-examination with Keith Davidson. It also goes to explain that, because she felt threatened, why she made certain decisions about what to discuss when and what not to discuss when publicly, and
why she agreed to go public with the NDA. I want to make sure I'm staying in line with your Honor's directive.
MS. NECHELES: She didn't make this claim at the time. It's much later that she starts saying she was threatened. In 2018, she said she was threatened. In 2011, she'll say she didn't tell anybody about it. We'll get into that whole sideshow, and it puts a spectre of -
THE COURT: Are you bringing that in on cross-examination?
MS. NECHELES: If she brings it in.
MS. HOFFINGER: It's already been brought up.
THE COURT: What did the person say?
MS. HOFFINGER: She was in the car with her daughter; and the person said, "It would be a shame if something happened to your daughter." They brought it out. And it's been the basis for the defamation claim. That's how they brought it out.
THE COURT: Remind me how.
MS. HOFFINGER: In the opening statement, they said the courts have decided how she owed him legal fees. Michael Avenatti, in 2018, released a sketch of a man in the car who threatened her. Mr. Trump said, "It's a con job." Mr. Avenatti said it was not. Mr. Avenatti said it was defamation. The Court said it was hyperbole and not defamation. Mr. Trump, as a result, was awarded legal fees. They brought it out on cross-examination. I don't want to leave it to their cross-examination.
MS. NECHELES: We're going into the fact that she owes money to Trump, and she hasn't paid it.
THE COURT: I do recall you bringing that out.
MS. NECHELES: We were going on the fact -
THE COURT: The jury, now, is wondering: Why? What is she talking about? Why did this happen? I think the jury is entitled to know what led up to that, which you introduced.
MS. HOFFINGER: I'll do it briefly.
THE COURT: Very briefly. (Whereupon, the following proceedings were held in open court:)
Q Ms. Daniels, some weeks after you were interviewed by In Touch, did you have an experience in about June of 2011 with an encounter in a parking lot in Las Vegas?
A Yes, I did.
Q Will you tell the jury, just briefly, what happened.
A Um, my daughter, who was an infant at the time, was - my daughter and I went to a, um, like postpartum -- like a workout for a Mommy and Me workout thing. And I was approached by a man in the parking lot in Las Vegas in the center of – of a shopping center that the class was located in. And I thought he was the father or the husband of one of the other women in the class. And he approached me and said that -- he threatened me not to continue to tell my story.
Q When you say "to continue to tell" your "story", about who?
A About my encounter with Mr. Trump.
Q Did you tell the police at the time?
A No.
Q Why not?
A 'Cause he told me not to say anything at all. And I was scared. Um, and I didn't want more of the story coming out. My daughter's father also was struggling with his own personal issues at the time.
Q So, did you tell your boyfriend at the time -
A No.
Q -- about the encounter?
A No.
Q That's because you were concerned about him?
MS. NECHELES: Objection to leading.
THE COURT: Sustained.
Q Why did you not tell him?
A Um, he was struggling mentally with some postpartum stuff with our daughter and his alcoholism. Um, and I had never told him about the fact that I'd had sex with Trump. So, for me to tell him then, at that moment, when his whole world was exploding, would have just not been good at all, on any level.
Q Now, let me direct your attention to about October of 2011. Did you become aware at around that time that an article had come out and been posted online about your encounter with Mr. Trump on a site called thedirty.com?
A Yes. Gina called and told me.
Q Would that be Gina Rodriguez?
A Yes.
Q Can you just tell the jury, what is thedirty.com, first?
A It is not a site that I look at, so I'm not entirely sure. But, it is the online equivalent to a tabloid. A gossip site. Trash site.
Q You said Gina Rodriguez told you there was something up on thedirty.com?
A Yes. She called and told me about it. I think she might have sent me a link, and I looked at it. It's not a site I looked at at the time. Celebrity gossip site.
Q Did you provide information to that site?
A No. I never even heard of that site at that time.
Q Were you concerned about it being up at the time?
A Yes.
Q Why were you concerned?
A Because I had been threatened, and I didn't want the person who threatened me and my baby thinking I had done it.
Q At that point, did you want it taken down?
A Absolutely.
Q What, if anything, did Gina, your agent -
A Well -
Q Hold up -- say about being able to take it down?
A I remember I was freaking out and crying and hyperventilating and asked her what I should do. And she asked me for permission to have her attorney remove it for me.
Q Did she tell you the name of her attorney at the time?
A Keith Davidson.
Q Did you tell her that, yes, you would be happy for her attorney to try to take it down?
A Absolutely.
Q Was he, in fact, successful in doing that?
A I assume so, because it came down.
Q Now, I'd like to direct your attention now to 2015. Were you aware at some point that Mr. Trump announced that he was running for President?
A Yes.
Q And sometime after he announced that he was running for President, did someone reach out to you again about telling your account of what happened with Mr. Trump?
A Yes.
Q Who was that?
A Well, lots of people did.
Q Did Gina Rodriguez reach out to you?
A Yes.
Q What did she suggest that she could do?
A That she could sell the story again.
Q And did she suggest that, in terms of selling the story, that money could be made to -- paid to do this? Of course. That's the reason to sell it.
Q Did she say that she could make money, as well?
A Yes. Of course.
Q Did there come a time that you had a conversation with a friend of yours who was also an attorney -
A Yes.
Q -- about whether you should publicly tell your story?
MS. NECHELES: Objection, your Honor.
THE COURT: Sustained.
Q Without telling us the substance -- withdrawn. Did you have a conversation with a friend of yours who is an attorney?
A Lots. Yes.
Q And this particular friend who you had a discussion with, were you seeking legal advice from him?
A No. I was just having lunch with him.
Q And did you decide, based on a conversation with him, about what you should do about getting the details of your story out?
A Yes. I do remember asking him what he thought about the Gina situation because I had been threatened. And he said that he thought it was really a really good idea, that he was concerned about my safety.
MS. NECHELES: Objection, your Honor.
THE COURT: Sustained.
MS. NECHELES: Move to strike.
THE COURT: Stricken.
Q Did your conversation with him guide your decision to have your story documented or out there in some way?
A Yes. He helped me set up a press conference that we didn't end up doing.
Q Did your conversation with him and what happened to you in the parking lot in Las Vegas in 2011 guide your decision about telling your story as a way to make sure that it was documented and out there?
A Yes.
Q And did you have an understanding at that time or belief that by doing that, it would keep you safer in some way?
MS. NECHELES: Objection, your Honor.
THE COURT: Sustained.
Q Well, did it guide your decision, in general, about what to do?
A Absolutely.
Q Did you decide to let Gina try to sell your story to some news outlets?
A Yes.
Q Do you recall, in early October of 2016, the Access Hollywood tape coming out publicly?
A Yeah.
Q You know what that is? You're aware of what that is?
A Yes. Gina had actually told me about it.
Q Before the Access Hollywood tape came out, was Gina trying to sell your story to news outlets?
A Yes.
Q Was she successful in doing so before that Access Hollywood tape came out?
A No.
Q Now, after the Access Hollywood tape came out, did Gina have some conversations with you about her ability to try to sell the story after it came out?
A Yes.
Q What, in substance, did she tell you?
A In a nutshell -
MS. NECHELES: Objection, your Honor.
THE COURT: Sustained.
Q Did you continue to agree at that time that she could sell your story to news outlets?
A Yes, I told her she could keep trying. More people were calling. (Shrugs).
Q What you described for the jury previously about your encounter with Mr. Trump in the hotel room, your seeing him on a number of other occasions, the telephone calls from Mr. Trump to you, is that, generally, what you would have described to the news outlets at that time, in October of 2016, if you had been thoroughly interviewed?
MS. NECHELES: Objection.
THE COURT: Sustained.
Q At that point, in October of 2016, was Gina's focus and your focus on selling the story to the news outlets?
A Yes.
Q Did you have any intention of approaching either Mr. Trump or Michael Cohen, his attorney, to have them pay for your story?
A No. My motivation wasn't money. It's to get the story out.
Q That was, in part, guided by your experience in 2011 and your conversations with -
A It was motivated out of fear, not money.
Q Did there come a time that you learned, in approximately October of 2016, that Donald Trump and Michael Cohen were interested in buying the rights to your account?
A Yes.
Q And how did you learn that?
A Gina told me.
Q And, approximately when was that, that Gina told you that, that there was interest there in paying for your story?
A In October. May at the earliest. Latest, September. But, it was October, I believe -- yeah. October.
Q And, it was after release of the Access Hollywood tape?
A Yes.
Q Now, who did you understand -- when Gina told you that, who did you understand that Michael Cohen was representing at the time?
A Donald Trump.
Q And did you understand at the time that they would pay for your story, for you not to release it publicly?
A Yes.
MS. NECHELES: Objection to the leading, your Honor.
THE COURT: Sustained as to leading.
Q What did you understand they were interested in paying you for?
A Um, they were interested in paying for the story, which was the best thing that could happen because then my husband wouldn't find out, but there was still a documentation of a money exchange and a paperwork exchange, so that I would be safe and the story wouldn't come out.
MS. NECHELES: Objection, your Honor.
THE COURT: Overruled.
Q Did you -- were you told by Ms. Rodriguez how much, in total, would be paid from Donald Trump and Michael Cohen to purchase the rights to your story?
A $130,000.
Q And how did you feel about that $130,000 at the time?
A Didn't care. I didn't care about the amount. It was just to get it done.
Q Were you happy -
A Of course. Well, of course. It's money, but the number didn't matter to me. And I didn't pick the number.
Q And did you -- did you negotiate that number at all?
A No.
Q Why didn't you ask for more money?
A Because I didn't care about the money.
Q What was your financial outlook in that time, in October of 2016, relative to earlier years?
A It was the best it had ever been.
Q I'm sorry?
A The best it had ever been. Instead of directing five movies a year, I directed ten. I had gotten several raises. I bought a house. We no longer lived in California, which was really expensive. And I was able to go back to work. I was working for a while, but it was on camera and on stage. Things were good, very good. I was winning with my horses, too.