Bove questions Pecker about his "catch and kill" deal with Arnold Schwarzenegger

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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4:28 p.m. ET, April 25, 2024

Bove questions Pecker about his "catch and kill" deal with Arnold Schwarzenegger

Bove is now walking Pecker through his deal with Arnold Schwarzenegger, which he described earlier today during the prosecution's questioning.

Pecker this morning said he agreed to a "catch and kill" deal with Schwarzenegger in 2003 when Pecker was trying to acquire fitness magazines and shortly before Schwarzenegger announced his run for governor of California.

Earlier today, Pecker described how women reached out to him with stories about alleged relationships or alleged sexual harassment after Schwarzenegger announced his run.

Bove in court now stated that 30 or 40 women ended up coming to AMI with stories about Schwarzenegger. Pecker confirmed the statement.

Pecker says he spent "hundreds of thousands of dollars" for stories from women about Arnold Schwarzenegger.

Correction: This post has been updated to reflect Pecker's testimony from this morning.

3:49 p.m. ET, April 25, 2024

Why the prosecution brought up Pecker's immunity agreement in court

From CNN's Elise Hammond

The Manhattan district attorney’s office discussed the non-prosecution agreement that David Pecker signed with prosecutors in an effort to get ahead of attacks from the defense, according to CNN legal analysts.

Pecker, the former publisher of the National Enquirer, and its parent company, American Media Inc., have been granted immunity in exchange for his testimony. He has been on the stand for the last several days.

The prosecution wants “to be the first ones to point all this information out, so that the defense doesn't do it, because the defense can weaponize it if they bring out for the first time” that a witness has an agreement with prosecutors, CNN legal analyst Elliot Williams said.

The district attorney’s office is likely to argue that Pecker is “laying it all out on the line,” CNN senior legal analyst Elie Honig said, explaining how the prosecution will try to frame the agreement to the jury.

He said prosecutors will say, "He's told you everything, he's got nothing to hide. His incentive right now is to tell the full truth. Otherwise, he's going to lose this agreement with us,” Honig said.

The defense, however, is likely to try to discredit Pecker and argue that he is in the pocket of the prosecution “because they're the ones who gave him a sweetheart deal,” Honig added.

3:45 p.m. ET, April 25, 2024

Bove's tactic is to argue Pecker's work for Trump during 2016 election was nothing new

Bove's tactic with his early questioning of Pecker is part of a strategy to argue that the publisher's work helping Trump during the 2016 election was nothing new or out of the ordinary.

3:45 p.m. ET, April 25, 2024

Pecker confirms he's had "mutually beneficial" relationships with celebrities other than Trump

Bove says: "Many politicians work with the media to promote their image." Pecker confirms that's accurate.

Pecker also confirms that he's had "mutually beneficial" relationships with other celebrities — not just Trump.

Bove asks if it's "standard operating procedure" for politicians to work with the media. "Yes," Pecker says.

3:43 p.m. ET, April 25, 2024

Bove walks Pecker through his "mutually beneficial" relationship with Trump

Bove also walked Pecker through his "mutually beneficial" relationship with Trump, where Trump provided him with stories and information about "Celebrity Apprentice," and he tipped off Trump to negative stories and printed positive stories about Trump.

"This relationship you have with President Trump is a mutually beneficial relationship. You had similar relationships with other people," Bove said.
"I did," Pecker replied, confirming there were other people he would promote in the National Enquirer and give a heads up about negative stories.
3:48 p.m. ET, April 25, 2024

Pecker says he heard the "catch-and-kill" phrase for the first time from the prosecution

"Before this, you had not heard the phrase catch and kill?" Bove asked Pecker, referring to the hush money case investigation.

"That's correct," Pecker responded.

"The first time you had heard the phrase was from a prosecutor right?" Bove asked.

"That's correct," Pecker responded.

More context: The practice of "catch-and-kill" means buying exclusive rights to a story for the express purpose of never publishing the information. It is a tactic that gained widespread notoriety during the 2016 presidential election.

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

3:48 p.m. ET, April 25, 2024

Pecker says he was giving Trump a heads up on negative stories for about 17 years before the election

Pecker confirmed during cross-examination that he has been giving Trump a heads up on negative stories for about 17 years before the election.

"Fair to say, that predated that meeting at Trump Tower in August 2015 by a long time," Bove said.
"Yes," Pecker replied.
"That's almost 17 years prior to the meeting you described in August 2015," Bove said. "Seventeen years of providing President Trump with a heads up about potentially negative publicity."
"Yes," Pecker said.
3:37 p.m. ET, April 25, 2024

Bove clarifies with Pecker it was standard practice not to publish negative stories about Trump

Bove clarifies with Pecker that dating back to the 1990's it was standard practice "to not publish negative stories about President Trump."

"Yes."
"Because it was not good for business?"
"Yes."
3:35 p.m. ET, April 25, 2024

Pecker is asked about instances when AMI bought stories "as leverage against a celebrity"

Bove is asking Pecker to describe other instances where AMI would purchase a story, including sometimes "as leverage against a celebrity."

The former publisher confirms he used a third-party consultant to facilitate large AMI payments for stories. He used this consultant to handle these sensitive payments because he was concerned about leaks, Pecker says.

Bove is confirming that using the consultant to facilitate a possible reimbursement from Michael Cohen to AMI for the Karen McDougal story rights was not unique to that situation involving Trump.

He also confirms with Pecker that around the time of the "Celebrity Apprentice" show, research showed that Trump was a top celebrity who could drive the most sales for the National Enquirer at the time.

"So You ran articles about President Trump because it was good for business?"
"That's correct," Pecker said.