Second day of testimony wraps in Trump hush money trial

Donald Trump had a frustrating day in court on Tuesday. Even with an abbreviated day for the Passover holiday, there was a one-two punch of a morning hearing about possible gag order violations and the testimony about the “catch-and-kill” deals to bury negative stories about the former president during the 2016 election.

Former tabloid publisher David Pecker will return to the stand on Thursday after court is dark on Wednesday. He has spoken now about two of the three catch-and-kill deals — but not adult film star Stormy Daniels, which is likely coming on Thursday.

Here are key takeaways from Tuesday’s day in court:

The US Secret Service, court officers and even the New York City Department of Corrections have been quietly discussing what to do if former President Donald Trump ends up being jailed for contempt of court, officials familiar with the plans tell CNN.

In Trump’s civil trial, Judge Arthur Engoran held the former president in contempt a number of times for violating his orders – but imposed only monetary penalties. In Trump’s civil trial in federal courts in January, Judge Lewis Kaplan considered holding Trump in contempt of court. He strongly hinted that he would order the former president to be held in custody if there was another violation of his instructions.

While that didn’t happen, it did cause a stir within the Secret Service and the US Marshals Service as they had to figure out how they would handle logistics if the judge did put Trump in custody, the sources said. Agents scrambled to find an office or conference room for this purpose if they needed to.

In the hush money case, an assistant district attorney asked Judge Juan Merchan to consider jail time for Trump’s alleged acts of contempt. Since last week, Secret Service agents, court officers and NYPD detectives assigned to Trump's security detail have been discussing how that would be handled if it came to pass, though nothing was decided.

The one thing that was decided was that this was not a plan that should be made just by the court, the prosecutors and Trump’s lawyers, the sources said.

Instead, the Secret Service would want to be included in any discussions about how and where Trump is being held in custody — if that came to pass — simply because it would have to figure out how to carry out officers' protective obligations. 

Former President Donald Trump falsely claimed on Tuesday that “thousands” of his supporters were “turned away” by police from the courthouse where his New York criminal hush money trial is taking place. 

In the same Truth Social post, Trump attacked New York Times reporter Maggie Haberman, who wrote about Trump not being happy that only a handful of his supporters had shown up outside of the courthouse. 

Trump has issued public calls on social media for his supporters to show up outside of the courthouse to peacefully protest. 

CNN’s Kaitlan Collins has reported that protestors are allowed outside the courthouse, but his supporters have just been small in number.

On Tuesday, former American Media Inc. CEO David Pecker testified about his August 2015 meeting with former President Donald Trump.

Pecker said he agreed to be the “eyes and ears” for Trump’s campaign and flag any negative stories to Trump’s then-fixer Michael Cohen.

CNN compiled a timeline of the key events leading up to the historic trial. Read up on the moments below:

See the full timeline. 

Upon leaving the courtroom on Tuesday, former President Donald Trump approached media cameras, began talking, and complained that he is “not allowed to talk.” 

Trump was criticizing Judge Juan Merchan’s gag order on him. Merchan had held a hearing on Tuesday morning to consider prosecutors’ allegations that Trump violated the gag order with a series of online posts, including some in which the presumptive Republican presidential nominee shared others’ articles related to the case on social media.

Trump claimed, “Can’t even allow articles to be put in.” He claimed the articles he is referring to say “the case is a sham." He added, “I don’t even know if you’re allowed to put them in.” He also claimed that although others are permitted to lie and speak about him, “I’m not allowed to say anything.”

“I’d love to talk to you people, I’d love to say everything that’s on my mind, but I’m restricted because I have a gag order," Trump said.

Facts First: As he has before, Trump made Merchan’s gag order sound far broader than it is. The gag order does not prohibit Trump from declaring the case a sham or from sharing others’ claims that the case is a sham. It also does not prohibit Trump from speaking to the media about the case, from defending his conduct at issue in the case, from denouncing the judge and district attorney involved in the case, or from campaigning for the presidency with speeches, media interviews and online posts. Rather, the gag order forbids Trump from three specific categories of speech:

In his comments on Tuesday, Trump made the point that an article may have a certain headline that generally denounces the case but, “somewhere deep” in the body of the text, may mention somebody’s name he is not permitted to mention because of the gag order. It’s not clear how Merchan would view Trump having shared an article in which, say, a witness’s name was only mentioned deep in the text. To date, though, articles that prosecutors have alleged Trump violated the gag order by sharing featured headlines that made it entirely clear the articles discussed likely witness Michael Cohen, Trump’s former lawyer and fixer. 

Former tabloid executive David Pecker was back on the stand Tuesday to resume his testimony in the hush money trial against former President Donald Trump.

Pecker testified about a myriad of topics — but mainly established the substance of the August 2015 meeting at the crux of the “catch and kill” practice that is central to the case.

As the then-chairman of American Media Inc., which publishes the National Enquirer, Pecker was involved in numerous schemes to kill negative stories about Trump, and he allegedly helped broker the deal with Stormy Daniels.

Before Pecker returned to the stand, Judge Juan Merchan held a hearing on whether the former president violated the gag order in the hush money case. Under the order, Trump is barred from publicly discussing witnesses or jurors in the case. Merchan said he is reserving a decision on the gag order violations.

Court is not in session on Wednesday. The trial will resume Thursday morning.

Here are key moments from Pecker's testimony:

The Supreme Court’s hearing on former President Donald Trump’s immunity claim — happening on Thursday — will underline a historic power shift.

In a closely divided era when neither party has proven able to maintain control of the White House and Congress for very long, the six GOP-appointed justices on the high court have become the most durable source of influence determining the nation’s direction.

Although Chief Justice John Roberts at his confirmation hearing famously likened the court to an impartial “umpire,” the conservative majority has steadily steered policy on a wide range of social, racial and economic issues toward the preferences of the Republican Party, whose presidents nominated them and whose senators provided the vast majority of votes to confirm them.

The rulings by the GOP-appointed justices over roughly the past two decades have produced cumulative policy changes “way more extensive than any administration, even within unified control of government, has been able to generate,” said Paul Pierson, a University of California at Berkeley political scientist.

The Supreme Court arguments will come as Trump sits in New York for his hush money trial proceedings.

Read the full analysis.

Donald Trump has been accused of taking part in an illegal conspiracy to undermine the integrity of the 2016 election and an unlawful plan to suppress negative information, which included a hush money payment made to an adult-film star to hide an affair. Trump has denied the affair.

Prosecutors allege that Trump allegedly disguised the transaction as a legal payment and falsified business records numerous times to “promote his candidacy.” Trump faces 34 counts of falsifying business records. He has pleaded not guilty.

David Pecker, the ex-publisher of the National Enquirer, was the prosecution's first witness.

Read up on the other key people in the Trump hush money criminal trial:

No cameras are allowed inside the Manhattan courtroom where Donald Trump's hush money trial is underway, but sketch artists were capturing the scene as former tabloid executive David Pecker took the stand.