Trump trial set to begin opening statements, first witness testimony

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Prosecutors and defense lawyers in the New York hush money trial of Donald Trump are set Monday to deliver opening statements and start calling witnesses to testify.

The prosecution is expected to call David Pecker, the former CEO of National Enquirer publisher American Media, as its first witness, a source with direct knowledge told NBC News.

Pecker was deeply involved in alleged efforts ahead of the 2016 presidential election to “catch and kill” negative information about Trump, the Republican nominee in that contest.

Pecker allegedly warned Trump’s then-attorney Michael Cohen in late 2016 about porn star Stormy Daniels’ claim that she had sex with Trump years earlier while he was married. Cohen paid $130,000 to Daniels less than two weeks before the election, which Trump went on to win.

American Media earlier in 2016 also allegedly paid $150,000 to former Playboy model Karen McDougal, who also says she had an extramarital affair with Trump.

Trump faces 34 counts of falsifying business records in order to conceal his reimbursement to Cohen for paying off Daniels. Manhattan District Attorney Alvin Bragg accuses Trump of doing so to influence the 2016 election.

Trump will not take the stand Monday, though he has repeatedly said he will testify in the trial. If he does, Judge Juan Merchan ruled, prosecutors will be able challenge his credibility by asking him about a range of court decisions that are not directly linked to the hush money case.

That means the jury can hear the DA cross-examine Trump about being held liable in February for fraudulently inflating his asset values on financial records; catching multiple fines for violating a gag order twice during that civil business fraud trial; and being found liable for defaming writer E. Jean Carroll in two other federal civil trials.

As Merchan delivered that ruling and hashed out other matters before opening statements began, Trump appeared to be struggling to stay awake. He was slumping slightly in his chair and periodically sat with his eyes closed, NBC reported.

Trump in a post Monday morning on Truth Social defended the payments to Cohen that are at the heart of the case.

Bragg “says that the payment of money to a lawyer, for legal services rendered, should not be referred to in a Ledger as LEGAL EXPENSE,” Trump wrote. “What other term would be more appropriate???”

Trump in that post also complained that he is unable to campaign for president this week because he is required to attend his trial, which is expected to last around six weeks.

“It is also the perfect Crooked Joe Biden NARRATIVE – To be STUCK in a courtroom, and not be allowed to campaign for President of the United States!” he posted.

The opening statements and witness testimony will be delivered to a jury of 12 members and six alternates, who were seated last week for the historic trial.

Dozens of potential jurors quickly disqualified themselves from the process by declaring they could not be fair and impartial in deciding on the charges against the former president and current presumptive Republican presidential nominee. Others were excused from service after lawyers found past social media posts criticizing Trump.

The former president’s attorneys made about a dozen separate attempts to delay or dismiss the trial in the weeks leading up to it.

This included a request Friday afternoon that a Manhattan appeals court pause the case, in which they argued that Trump cannot receive a fair jury in New York City, where polls show he is deeply unpopular.

Merchan had seated a full jury that same day, and the appeals court swiftly rejected the last-minute effort.