What Stormy Daniels said happened in Trump’s hotel suite, from the transcript

Adult-film actress Stormy Daniels appeared on the witness stand at Donald Trump’s hush money trial Tuesday, offering an account of her alleged one-night stand with the former president. Despite the repeated objections of Trump’s lawyers, Daniels went into great detail about the 2006 sexual encounter; her description at times made it sound like the sex could be viewed as nonconsensual. The presumptive Republican nominee could be heard muttering profanities at certain points in the proceedings.

Trump, who denies ever having sex with Daniels, has pleaded not guilty to charges of falsifying business records to conceal hush money payments to Daniels during the 2016 election.

Here are key moments from Tuesday’s trial in New York, based on an early transcript and lightly edited for brevity and clarity.

Trump’s lawyer seeks to block Daniels from sharing sexual details

At the opening of Tuesday’s court session, Trump’s attorney Susan Necheles began by objecting - in advance of testimony by Daniels, whose legal name is Stephanie Clifford - to the prosecution seeking “any details of any sexual acts.” The charges, the defense noted, are not over alleged sexual acts.

Susan Necheles, defense attorney: We think that this is irrelevant. It has nothing to do with the charges in this case. And to the extent that it has any relevance, it’s unduly prejudicial. And there really is no reason for it to be coming into the case about books and records here.

Justice Juan Merchan: And when you say “details of any sexual act,” what do you mean? Do you mean more than just “we had sex?”

Necheles: Yes, your honor.

The prosecution argued that Daniels’s account - particularly of a conversation with Trump in a hotel suite where Daniels says they had sex - was important for establishing her credibility as a witness.

Susan Hoffinger, prosecution attorney: The general details of what occurred, including the sex act, barring certain details that are unnecessary, are a significant part of the story, but also very important for us in terms of her credibility.

Merchan: So when you say that some details are necessary, can you give me a sense of what you have in mind?

The prosecution argued that the details are important if the jury is to understand why Trump would have been motivated to pay money to prevent a story about the alleged encounter with Daniels from appearing in news reports.

Hoffinger: How she even ended up having a sexual act with him, and then in terms of the sexual act, it will be just very basic. It’s not going to involve any descriptions of genitalia or anything of that nature.

The judge ruled that prosecution lawyers can ask Daniels for background information about the events leading up to the encounter.

Merchan: But we don’t need to know the details of the intercourse.

Daniels describes alleged sexual encounter with Trump

Daniels, who appeared nervous and spoke quickly, gave an incredibly detailed account of the evening she went to Trump’s suite at a Lake Tahoe resort following a golf event, where she said they had sex.

When she arrived for what she thought was just dinner, Daniels said Trump was wearing silk or satin pajamas, but that he changed into a suit after she made a joke about it. When they sat down at the dining room table, Trump asked her questions about the adult-film business including whether she tested for sexually transmitted diseases, she said. At one point, she says she spanked him with a rolled-up magazine.

After emerging from the bathroom, Daniels said she was “startled” to find Trump on the bed in a T-shirt and boxer shorts. Daniels told jurors she did not want to have sex with him.

Daniels: Then I just thought, oh, my God, what did I misread to get here. Because the intention was pretty clear, somebody stripped down in their underwear and posing on the bed, like waiting for you.

Daniels said she never felt physically or verbally threatened by Trump, but did feel a power imbalance between them. Trump was bigger than her, she said, and there was a bodyguard outside the door.

Daniels: The next thing I know, I was on the bed, somehow on the opposite side of the bed from where we had been standing. I had my clothes and shoes off. I believe my bra, however, was still on.

Daniels’s account also included how she stared at the ceiling during sex, since she was “trying to think about anything other than what was happening there” - to which the judge sustained an objection. She also said Trump didn’t wear a condom, and described the position they in which they had sex. After the encounter, Daniels said she remained silent as she gathered her possessions.

Daniels: My hands were shaking so hard. I was having a hard time getting dressed. He said, “Oh, great. Let’s get together again honey bunch. We were great together.” I just wanted to leave.

Daniels said they stayed in touch because she hoped Trump would let her appear on his hit reality show, “The Apprentice.”

Judge requests Trump stop cursing

Even before Daniels described the alleged sexual encounter, the judge was concerned about Trump’s reaction to her initial testimony. As the court rose for its morning recess, Merchan beckoned Trump’s defense lawyers to a sidebar.

Merchan: I understand that your client is upset at this point, but he is cursing audibly, and he is shaking his head visually and that’s contemptuous. It has the potential to intimidate the witness and the jury can see that.

Trump’s attorney Todd Blanche said he would talk to his client.

Merchan: One time I noticed when Ms. Daniels was testifying about rolling up the magazine, and presumably smacking your client, and after that point he shook his head and he looked down. And, later, I think he was looking at you, Mr. Blanche, later when we were talking about The Apprentice, at that point he again uttered a vulgarity and looked at you this time. Please talk to him at the break.

The judge rejects a mistrial request from Trump’s lawyers

Immediately after the lunch break, Trump’s attorneys argued that Daniels’s testimony about the sex act was irrelevant and prejudicial to the point that it warranted a mistrial.

Trump’s lawyer Blanche: The Court set guardrails for this testimony. And the guardrails by this witness, answering questions from the government, were just thrown to the side.

In particular, Trump’s attorney argued that many of the details were simply intended to embarrass his client and “inflame the jury” in a trial fundamentally about business records, including any suggestion there were “safety concerns” in the encounter.

The prosecution responded that it had been “extremely mindful of not eliciting too much testimony about the actual act.”

Hoffinger: But, at the end of the day, your Honor, this is what defendant was trying to hide … in terms of the payoff in 2016 before the election. This is an exhibit. If you were … of what Mr. Trump wanted to make sure didn’t get disclosed. We have carved back details.

The judge said it “would have been better” if the prosecution hadn’t gone into certain areas, but suggested that “in fairness,” the witness was “a little difficult to control.”

Merchan: I do think that there were some things that were better left unsaid. Having said that, I don’t believe we are at the point where a mistrial is warranted.

Daniels admits to signing a false statement in 2018

In a statement in 2018 ahead of an appearance on “Jimmy Kimmel Live,” Daniels denied getting paid to keep quiet about her encounter with Trump - one of several claims that she has since renounced but that Trump and his allies have seized on to undermine her credibility. “I am denying it [the affair] because it never happened,” the statement said.

But in Tuesday’s testimony, Daniels said she signed the statement differently than how she usually signs things as a “tip off” to indicate that the statement was false.

Hoffinger: What kind of a tip off?

Daniels: That I didn’t - that either I didn’t sign it - that I didn’t sign it willingly.

Hoffinger: Is that because you were upset about signing it?

Daniels: Yes.

Hoffinger: And is this statement false?

Daniels: Yes.

Daniels’s 2018 statement echoed a similar one provided by Daniels’s lawyer to the Wall Street Journal the same year, when it reported that Trump’s attorney Michael Cohen had negotiated a secret $130,000 payment to secure Daniels’s silence ahead of the 2016 presidential election. On Tuesday, Daniels said she did not want to sign off on that statement to the Journal “because it’s not true,” but worried about violating a nondisclosure agreement.

Marianne LeVine contributed to this report.