Davidson says Cohen began making excuses for "failure to fund" Daniels' agreement

Ex-attorney for Daniels and McDougal testifies in Trump trial

From CNN's Kara Scannell, Lauren Del Valle, Jeremy Herb and Kaitlan Collins in the courthouse

Updated 8:07 p.m. ET, April 30, 2024
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3:30 p.m. ET, April 30, 2024

Davidson says Cohen began making excuses for "failure to fund" Daniels' agreement

Davidson says that he believed Cohen began making excuses for "failure to fund" their agreement as he walked through emails he exchanged with Cohen in October 2016.

On October 14, 2016, Davidson sent Cohen wiring instructions for the second time after Cohen said he'd send the money that day.

On October 17, Davidson emailed Cohen at his Trump Org address again: "I have been charged by my client with forwarding the below message.

The messages included:

  • We have a written settlement agreement which calls for settlement payment to be sent by the end of business this past Friday. October 14, 2016. No payment was received. "
  • We spoke on Friday, October 14th & you stated that funds would be wired today, October 17, 2016. No funds have been received as of the sending of this e-mail. My client informs me that she intends to cancel the settlement contract if no funds are received by 5PM PST today.”

3:23 p.m. ET, April 30, 2024

Money wasn't sent by deadline outlined in agreement, Davidson says

The agreement that Keith Davidson emailed included a requested deadline of October 14, 2016, for Michael Cohen to provide the money — but Davidson says the money was not sent by that date.

"We good?" Davidson emailed to Cohen on October 12, 2016.

3:21 p.m. ET, April 30, 2024

Davidson says Daniels' manager told him the deal would be the easiest "you’ve ever done in your entire life"

Davidson said Daniels' manager Gina Rodriguez approached him and asked him to close the deal.

 "It's going to be the easiest deal you’ve ever done in your entire life," Davidson says, pauses, and then lets out a little laugh.

Rodriguez told him it had already been negotiated. "All you have to do is talk to that a**hole Cohen," Davidson recalled.

He chuckled on the stand as he said it – with a dramatic pause for the jury to catch the irony.

3:20 p.m. ET, April 30, 2024

Trump was code-named "David Dennison" in the agreement with Stormy Daniels, Davidson says

Keith Davidson is explaining how they used fake names in the agreement between Donald Trump and Stormy Daniels.

"Peggy Peterson" was used Daniels because she was the plaintiff, and "David Dennison" was used for Trump because he was the defendant, Davidson said.

Asked if David Dennison is a real person, Davidson said, "Yes, he was on my high school hockey team."

Prosecutor Joshua Steinglass asked him, "How does he feel about you know? "

"He's very upset," Davidson said, drawing laughs from some of the jurors.

3:26 p.m. ET, April 30, 2024

Prosecutor shows email sent to Cohen with Daniels' agreement that states "settlement sum" of $130,000

Prosecutor Joshua Steinglass is now showing an email from Keith Davidson to Michael Cohen with the Stormy Daniels' agreement attached.

The email states there's a "settlement sum" of $130,000.

According to Davidson, when he got involved, National Enquirer editor Dylan Howard told him the deal would go up to $150,000 to compensate the lawyer and either American Media Inc. or Cohen would pay for it.

Ultimately, it was settled at $130,000.

3:16 p.m. ET, April 30, 2024

Dylan Howard was "washing his hands" of the deal by asking Davidson to reach out to Cohen

Enquirer editor Dylan Howard was "washing his hands of the deal," Davidson said of the Stormy Daniels' story.

Remember how publisher David Pecker testified last week that he wanted nothing to do with an adult film star even if it would help Trump. It would not play well with big tabloid distributors like Walmart, he said on the stand.

Davidson said it was unusual for Howard to refer him to someone outside AMI to arrange a deal. "This is the only time it ever happened," Davidson said.

Davidson said when he got involved "the deal had really already been cut at 120."

Davidson testified "Stormy and Gina weren’t going to take a discount so that 120 became 130," referring to amounts of $120,000 and $130,000.

Davidson says that the deal with AMI was essentially the same deal that was struck with Cohen, and after AMI washed its hands they handed it off to Cohen.

"In essence, Michael Cohen stepped into AMI’s shoes," Davidson said.

3:24 p.m. ET, April 30, 2024

National Enquirer editor messaged Davidson that her story would be "final nail in the coffin" for Trump

Keith Davidson testified that he texted former National Enquirer editor Dylan Howard on October 9, 2016, letting him know about a published post from a gossip website called TheDirty.com referencing his client, Stormy Daniels.

Davidson texted Howard after the website republished that original blog post following the release of "Access Hollywood" tape, saying, "Hi, the story is already out there."

Howard texted Davidson: “Yeah but her talking and taking (redacted) is the final nail in the coffin…but he’s f**ked already.”

Davidson explained that he thought Howard meant that "the dirty post was bad but it could get a lot worse" if Daniels spoke publicly.

3:09 p.m. ET, April 30, 2024

What Davidson and Howard texted each other about the release of the "Access Hollywood" tape

In response to the release of the "Access Hollywood" tape, Keith Davidson texted Dylan Howard, "Trump is f**ked," Davidson is explaining in court.

“Wave the white flag. It’s over people!” Howard responded to Davidson's text, according to Davidson.

3:05 p.m. ET, April 30, 2024

Trump is leaning back again as Davidson testifies

Trump is again leaning back in his chair as Keith Davidson testifies about Stormy Daniels. He looks like his eyes are closed or staring off.