Prosecutors show side agreement with Trump's real name, not his pseudonym

Stormy Daniels' former lawyer testifies in Trump's hush money trial

From CNN's Kara Scannell, Lauren Del Valle and Jeremy Herb at the courthouse

Updated 7:11 p.m. ET, May 2, 2024
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10:40 a.m. ET, May 2, 2024

Prosecutors show side agreement with Trump's real name, not his pseudonym

Prosecutor Joshua Steinglass is now showing Keith Davidson a side agreement which includes Donald Trump's real name and not the pseudonym used in the agreement, David Dennison.

Davidson says Trump's name in the agreement is written in Davidson's handwriting.

The document reads: "It is further agreed that neither party shall keep a copy of this document," and it's noted that only Davidson and Cohen as counsel for the parties would maintain possession of it.

The side letter agreement "decodes" the agreement that uses the pseudonyms, Davidson explains.

10:39 a.m. ET, May 2, 2024

Davidson testifies that Cohen was accepting service on behalf of "David Dennison," Trump's pseudonym

Prosecutor Joshua Steinglass asked who was accepting service on behalf of "David Dennison," who Keith Davidson testified is Donald Trump.

"Essential Consultants, in care of Michael Cohen Esq.," Davidson testified.

"David Dennison" and "Peggy Peterson" are the pseudonyms that Davidson had come up with for Trump and Stormy Daniels.

10:35 a.m. ET, May 2, 2024

Davidson says Cohen demanded liquidated damages provision of $1 million for breach of contract

The prosecution is now going over the liquidated damages provision in the agreement. The stated amount was $1 million per breach of contract.

Prosecutor Joshua Steinglass asked if it was unusual to have an amount so much higher than the amount tied to the contract.

Keith Davidson replies he doesn't think that would've been legally enforceable because "it is so far in excess of the settlement amount of the contract."

He says Cohen demanded that provision be included and set at that amount.

10:32 a.m. ET, May 2, 2024

Prosecutor walks Davidson through agreement between Daniels and Trump

Prosecutor Joshua Steinglass is now walking Keith Davidson through the confidential settlement agreement paperwork between Stormy Daniels and Trump.

This was the agreement between "David Dennison" and "Peggy Peterson," the pseudonyms that Davidson had come up with for Trump and Daniels.

10:33 a.m. ET, May 2, 2024

Messages between Davidson and National Enquirer editor show them confirming payment

"Money wired I am told," then-National Enquirer editor Dylan Howard wrote in a message to Davidson at 2:32 p.m. on October 27, 2016, according to an exhibit being shown in court.

"Funds received," Davidson texted back at 4:03 p.m.

“Unbelievable,” Howard wrote two minutes later.

“Was never really sure…,” Davidson texted back.

10:31 a.m. ET, May 2, 2024

Davidson says the name of the entity to fund the Daniels deal changed

Keith Davidson noted that initially Michael Cohen's entity to fund the Stormy Daniels deal was named Resolution Consultants LLC.

"At some point between then and the final documents did the entity name change?" Joshua Steinglass asks.

"It did," Davidson testified.

10:31 a.m. ET, May 2, 2024

Jury shown email between Cohen and Davidson over funds

After showing the jury an email from October 26, 2016, they are looking at an email response from Michael Cohen at 6:47 a.m. on October 27, in which he asked Keith Davidson to confirm "that the wire received today" would be held in the attorney trust account.

Davidson responded less than an hour later: "I confirm that I will work in good faith & no funds shall be disbursed unless & until the plaintiff personally signs all necessary settlement paperwork."

Davidson also wrote that the settlement documents would name the "correct corporation," Essential Consultants LLC.

Davidson said in the email that he would act in "good faith," telling Cohen he would only release the funds to Stormy Daniels after Cohen confirmed he received the signed agreement via FedEx.

10:25 a.m. ET, May 2, 2024

Davidson says he "lost trust" in Cohen due to "delays in funding"

Keith Davidson is testifying that eventually he "lost trust" in Michael Cohen, explaining it had to do with "the delays in funding."

At this point, Dylan Howard got back involved as the mediator, he says.

10:28 a.m. ET, May 2, 2024

Prosecutor pulls up email between Davidson, Cohen and National Enquirer editor

Prosecutor Joshua Steinglass has begun by having the court look at an email from Dylan Howard, then-lead editor at the National Enquirer, to Davidson and Michael Cohen, who was then Trump's personal attorney.

The October 26, 2016, email from Howard reads, "Thank you both for chatting with me earlier."

Howard referenced the agreement, a change to reflect an updated name for an LLC to be used, and the "transfer of funds on Thursday AM to be held in escrow until receipt of agreement."