David Pecker explains how the “catch and kill” deals worked to the jury – here’s what to know

Testimony ends for the day in Trump hush money trial

By CNN's Jeremy Herb, Lauren del Valle and Brynn Gingras from the courthouse

Updated 9:03 p.m. ET, April 25, 2024
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12:41 p.m. ET, April 25, 2024

David Pecker explains how the “catch and kill” deals worked to the jury – here’s what to know

From CNN's Brynn Gingras, Lauren del Valle, Jeremy Herb and Kristina Sgueglia

David Pecker spent the morning taking the jury through the machinations of Karen McDougal's “catch and kill” deal.

As a reminder, McDougal is a model and actress who said she had a monthslong affair with Donald Trump in 2006 and was paid $150,000 to keep quiet about it by the National Enquirer. Trump has denied the allegations.

Here’s how Pecker's explanation went:

  • Pecker calls Trump: Pecker said he had a phone call with Trump about the allegations where he advised the then-candidate for president that they should buy the story.
  • Pecker thought Trump would pay: He reiterates his belief through Cohen’s multiple reassertions that “the boss” — meaning Trump — would pay for the story.
  • Terms of deal: Pecker discussed how the terms of the deal were construed to hide the true nature of the deal, which was to buy the lifetime rights.
  • Attorneys involved: He revealed he consulted with an election law attorney on the deal to make it “bulletproof.” Pecker said he was especially careful with the McDougal negotiation recalling on the stand a 2003 incident surrounding a deal to "catch and kill" stories on Arnold Schwarzenegger when he ran for California governor.
  • No intent to publish: Pecker said the intention was never to publish the story and added his intention was to make sure her story did not influence the 2016 election.
  • Company never paid: Just before the mid-morning break, Pecker confirmed that American Media Incorporation (AMI) was never reimbursed for the McDougal agreement.

Pecker has testified for an hour and 27 minutes so far Thursday. The Stormy Daniels allegations have not come up.

11:28 a.m. ET, April 25, 2024

The judge and attorneys are going over disputed exhibits

The judge is back on the bench. We're now going to discuss the disputed exhibits. Steinglass handed the judge a binder with the exhibits.

11:25 a.m. ET, April 25, 2024

Trump is back and chatting with his attorneys

Prosecutors are back in the courtroom, and Trump has returned to his seat.

He's chatting with his attorneys Todd Blanche and Emil Bove and gesturing with his hands while they listen on beside him.

11:17 a.m. ET, April 25, 2024

Trump leaves the courtroom without speaking

Trump is now walking out of the courtroom for the break.

He didn't speak in hallway as he left. However, he did give a thumbs up when a reporter asked, "Mr. Trump, how's it going today?"

11:15 a.m. ET, April 25, 2024

Court is taking a short break

Court is now taking a break. Merchan says they'll address evidentiary issues when they return.

11:20 a.m. ET, April 25, 2024

Pecker describes how the deal fell apart, says Cohen told him, "the boss is going to be very angry with you"

Pecker testified that in October, the agreement was off, adding that he said, "I am not going forward, I want you to rip up the agreement."

Pecker said that Cohen was furious. "He was very angry, very upset. Screaming at me basically," Pecker said.

According to Pecker, Cohen told him on the phone, "The boss is going to be very angry with you" 

"I said I'm sorry, I'm not going forward. The deal is off," Pecker said he told Cohen, adding that he said "I am very concerned."

Pecker testified that at the end of the conversation, he said, "Are you going to rip it up or not?" and Cohen said "I'll take care of it."

11:13 a.m. ET, April 25, 2024

Pecker says he assumed Cohen would be reimbursed by Trump

Pecker, speaking about the transaction, testifies that he assumed Michael Cohen was being reimbursed "by the Trump Organization or Donald Trump."

In regards to this contract, Pecker says he signed on behalf of the "assignor" and Cohen signed as the "assignee." The document, which was assigning the rights to McDougal’s story, was dated September 30, 2016 — but the agreement was never executed, Pecker says.

11:15 a.m. ET, April 25, 2024

"I believed that payment would raise a lot of questions and issues," Pecker says about Cohen reimbursement 

Pecker is saying he asked a consultant to work with Cohen on the McDougal reimbursement.

Pecker informed Cohen of this and made the introduction. Pecker is saying he put the consultant in touch with Cohen, and that he said he created a company called Resolution Consultants to bill it.

At this point, Judge Juan Merchan gave the jury an instruction that the document was accepted into evidence for the fact that it was created, but that jurors should not consider the truth of what it says.

Steinglass asks if its fair that Pecker used the consultant as a middleman and it was objected to by the defense. The judge sustained.

"I used Daniel Rodstein (sp) because I did not want to have a payment received in the AMI finance department from the Trump Organization or Michael Cohen," Pecker said, referring to the consultant.

Steinglass asked, "Why not?"

"Because I believed that payment would raise a lot of questions and issues," Pecker said.

Steinglass is having Pecker read the invoice item, which says the money was billed for a "flat fee" for advisory services.

Pecker says that's not what the $125,000 invoice was for — it was for the lifetime rights to Karen McDougal's story.

11:07 a.m. ET, April 25, 2024

Pecker testifies that he used an outside service for large reimbursements

The prosecutor is showing an invoice that was prepared for the reimbursement. Pecker is explaining why the invoice is prepared by Investor Advisory Services, a company owned by a former AMI employee who became a consultant.

Pecker is explaining he used this outside service for large reimbursements, because he had "difficult experiences" within the company where his finance department would tell tabloid editors about expenses, like flying a celebrity in a private jet.

Pecker says he told the consultant, "I don’t want to have a check from the Trump Organization going through American Media."