Stormy Daniels takes the stand in Trump criminal trial

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Stormy Daniels set to testify in Trump criminal trial

Fox News' Eric Shawn provides details on the upcoming witness testimony in Trump's New York trial and the former president's response to possible jail time over gag order violations.

Adult film actress Stormy Daniels took the stand to testify in the unprecedented criminal trial of former President Trump on Tuesday.

Trump has pleaded not guilty to 34 counts of falsifying business records in the first degree. The charges stem from a years-long investigation by the Manhattan District Attorney’s Office.

The charges are related to alleged payments made to silence Daniels about an alleged 2006 extramarital affair with Trump before the 2016 presidential election.

EX-TOP BIDEN DOJ OFFICIAL NOW PROSECUTING TRUMP WAS ONCE PAID BY DNC FOR 'POLITICAL CONSULTING'

Trump’s former attorney Michael Cohen paid Daniels, whose real name is Stephanie Clifford, a $130,000 hush money payment ahead of the 2016 presidential election in an effort to keep her silent on allegations of an affair with Trump in 2006.

The payments to Daniels were first revealed in January 2018 in a Wall Street Journal report that said Cohen and Daniels’ lawyer negotiated a nondisclosure agreement to prevent her from publicly discussing the supposed sexual encounter with Trump.

At the time, though, Cohen, Trump, and even Stormy Daniels denied the arrangement.

Stormy Daniels reacted to former President Donald Trump's arraignment with an X-rated tweet. (Phillip Faraone/Getty Images/Photo by Seth Wenig-Pool/Getty Images)

In January 2018, Cohen said the alleged encounter between Daniels and Trump was a rumor that had circulated "since 2011."

And in a letter dated Jan. 10, 2018, obtained and reviewed by Fox News, Daniels also denied the allegations.

"I recently became aware that certain news outlets are alleging that I had a sexual and/or romantic affair with Donald Trump many, many, many years ago. I am stating with complete clarity that this is absolutely false," Daniels wrote. "My involvement with Donald Trump was limited to a few public appearances and nothing more."

Daniels wrote in the letter that when she met Trump, he was "gracious, professional and a complete gentleman to me and EVERYONE in my presence."

"Rumors that I have received hush money from Donald Trump are completely false," the letter read. "If indeed I did have a relationship with Donald Trump, trust me, you wouldn’t be reading about it in the news, you would be reading about it in my book. But the fact of the matter is, these stories are not true."

But in March 2018, Daniels changed her story. During an interview with CBS News’ "60 Minutes," Daniels claimed she had a one-time, unprotected sexual encounter with Trump.

At the time, Trump said he was not aware of the payment made to Daniels.

FLASHBACK: STORMY DANIELS AND TRUMP: WHAT YOU NEED TO KNOW

When asked in April 2018 why Cohen made the payment, Trump responded: "You have to ask Michael Cohen — Michael’s my attorney."

Initially, there were questions about whether the non-disclosure agreement that was signed by Daniels — but not by Trump — was valid.

Daniels began legal efforts to depose Trump and Cohen over the payment. She also filed a defamation suit against Cohen, following a cease-and-desist letter sent by Cohen’s attorney that directed her to refrain from any further "false and defamatory" statements about Cohen following her tell-all "60 Minutes" interview.

Prosecutors, during the third week of the trial, called a number of witnesses to testify, including Keith Davidson, an attorney who once represented Stormy Daniels and Playboy model Karen McDougal. 

Davidson said Daniels’ denial of an affair with Trump was technically true. He also testified that the money ex-Trump attorney Michael Cohen paid her was not a payoff, but a "consideration." 

Trump’s defense attorneys, during cross-examination, played audio recordings of Davidson, in which he can be heard admitting Cohen did not need authority from Trump to make the payment to Stormy Daniels. 

Meanwhile, Cohen was sentenced to three years in prison, after pleading guilty to federal charges that included lying to Congress, campaign-finance violations and tax evasion. The charges against Cohen arose from two separate investigations – one by federal prosecutors in the U.S. Attorney’s Office for the Southern District of New York, and the other by Special Counsel Robert Mueller.

FLASHBACK: MICHAEL COHEN, FORMER TRUMP ATTORNEY, GETS 3 YEARS IN PRISON FOR TAX FRAUD, CAMPAIGN FINANCE VIOLATIONS, LYING

Cohen pleaded guilty to misleading Congress about his work on a proposal to build a Trump skyscraper in Moscow, and hiding the fact that he continued to speak with Russians about the proposal well into the 2016 presidential campaign.

In the New York case, prosecutors accused Cohen of a years-long "tax evasion scheme" to avoid paying federal income taxes on more than $4 million made through a number of ventures, including through his ownership of taxi medallions, his selling of real estate in Florida and his consulting work for other clients.

Cohen pleaded guilty to arranging the $130,000 payment to Daniels and a payment of $150,000 to model Karen McDougal to prevent them from going public with alleged affairs with Trump. Trump has repeatedly denied those alleged encounters.

This is a developing story. Please check back for updates.