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Trump lawyers say Stormy Daniels refused subpoena outside a Brooklyn bar, papers left 'at her feet'

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Trump lawyers say Stormy Daniels refused subpoena outside a Brooklyn bar, papers left 'at her feet'
News

News

Trump lawyers say Stormy Daniels refused subpoena outside a Brooklyn bar, papers left 'at her feet'

2024-04-18 09:58 Last Updated At:10:00

NEW YORK (AP) — Donald Trump’s legal team says it tried serving Stormy Daniels a subpoena as she arrived for an event at a bar in Brooklyn last month, but the porn actor, who is expected to be a witness at the former president's criminal trial, refused to take it and walked away.

A process server working for Trump's lawyers said he approached Daniels with papers demanding information related to a documentary recently released about her life and involvement with Trump, but was forced to “leave them at her feet," according to a court filing made public Wednesday.

“I stated she was served as I identified her and explained to her what the documents were,” process server Dominic DellaPorte wrote. “She did not acknowledge me and kept walking inside the venue, and she had no expression on her face.”

The encounter, prior to a screening of the “Stormy” film at the 3 Dollar Bill nightclub, has touched off a monthlong battle between Trump’s lawyers and Daniels' attorney that continued this week as the presumptive Republican nominee's criminal trial began in Manhattan.

Trump's lawyers are asking Judge Juan M. Merchan to force Daniels to comply with the subpoena. In their filing, they included a photo they said DellaPorte took of Daniels as she strode away.

Daniels' lawyer Clark Brewster claims they never received the paperwork. He described the requests as an “unwarranted fishing expedition” with no relevance to Trump's criminal trial.

“The process — instituted on the eve of trial — appears calculated to cause harassment and/or intimidation of a lay witness,” Brewster wrote in an April 9 letter to Merchan. Brewster didn't immediately reply to a message from The Associated Press seeking comment.

The hush money case is the first of Trump's four criminal cases to go to trial. Seven jurors have been seated so far. Jury selection is set to resume Thursday.

Daniels is expected to testify about a $130,000 payment she got in 2016 from one of Trump's lawyers at the time, Michael Cohen, in order to stop her from speaking publicly about a sexual encounter she said she had with Trump years earlier.

Cohen was later reimbursed by Trump's company for that payment. Trump is accused of falsifying his company’s records to hide the nature of that payment, and other work he did to bury negative stories during the 2016 campaign.

Trump pleaded not guilty last year to 34 felony counts of falsifying business records. He denies having a sexual encounter with Daniels. His lawyers argue the payments to Cohen were legitimate legal expenses, and were recorded correctly.

In a separate filing made public Wednesday, the Manhattan district attorney's office said that if Trump chooses to testify at the trial, prosecutors plan to challenge his credibility by questioning him about his recent legal setbacks. The filing was made last month under seal.

Trump was recently ordered to pay a $454 million civil penalty following a trial in which a judge ruled he had lied about his wealth on financial statements. In another trial, a jury said he was liable for $83.3 million for defaming writer E. Jean Carroll after she accused him of sexual assault.

Merchan said he plans to hold a hearing Friday to decide whether that will be allowed.

Under New York law, prosecutors can question witnesses about past legal matters in certain circumstances. Trump's lawyers are opposed. Trump has said he wants to testify, but he is not required to and can always change his mind.

As for the subpoena dispute, it marks the latest attempt by Trump’s lawyers to knock loose potentially damaging information about Daniels, a key prosecution witness.

They are demanding an array of documents related to the promotion and editing of the documentary, “Stormy,” which explores Daniels’ career in the adult film industry and rise to celebrity since her alleged involvement with Trump became publicly known.

They are also requesting Daniels reveal how much, if anything, she was compensated for the film.

Trump’s lawyers contend the film’s premiere last month on NBC’s Peacock streaming service — a week before the trial was originally scheduled to start — stoked negative publicity about Trump, muddying his ability to get a fair trial.

In the filings made public Wednesday, Trump’s attorneys accuse Daniels of “plainly seeking to promote her brand and make money based on her status as a witness."

The subpoena also demands communications between Daniels and other likely witnesses in the trial, including Cohen and Karen McDougal, a former Playboy model who alleges she had an affair with Trump. It also requests any communications between Daniels and Carroll.

Earlier this month, Merchan blocked an attempt by Trump to subpoena NBC Universal for information related to the documentary. He wrote that subpoena and the demands therein “are the very definition of a fishing expedition.”

Former President Donald Trump approaches to speak to reporters as he leaves a Manhattan courtroom after the second day of his criminal trial, Tuesday, April 16, 2024 in New York. (AP Photo/Mary Altaffer, Pool)

Former President Donald Trump approaches to speak to reporters as he leaves a Manhattan courtroom after the second day of his criminal trial, Tuesday, April 16, 2024 in New York. (AP Photo/Mary Altaffer, Pool)

FILE - Stormy Daniels appears at an event, May 23, 2018, in West Hollywood, Calif. The hush money trial of former President Donald Trump begins Monday, April 15, 2024, with jury selection. It's the first criminal trial of a former U.S. commander-in-chief. The charges in the trial center on $130,000 in payments that Trump's company made to his then-lawyer, Michael Cohen. He paid that sum on Trump's behalf to keep Daniels from going public, a month before the election, with her claims of a sexual encounter with Trump a decade earlier. (AP Photo/Ringo H.W. Chiu, File)

FILE - Stormy Daniels appears at an event, May 23, 2018, in West Hollywood, Calif. The hush money trial of former President Donald Trump begins Monday, April 15, 2024, with jury selection. It's the first criminal trial of a former U.S. commander-in-chief. The charges in the trial center on $130,000 in payments that Trump's company made to his then-lawyer, Michael Cohen. He paid that sum on Trump's behalf to keep Daniels from going public, a month before the election, with her claims of a sexual encounter with Trump a decade earlier. (AP Photo/Ringo H.W. Chiu, File)

CHARLOTTE, N.C. (AP) — Law enforcement officers with an arrest warrant demanded that a man come out of a house in North Carolina before four were killed by gunfire, the victims unable to survive shots coming from inside the dwelling, a witness and officials said Tuesday.

Still reeling from Monday's attack — the deadliest against U.S. law enforcement officers since 2016 — investigators in Charlotte said they weren't sure whether there was a second shooter and that more work was needed to determine what happened.

“Charlotte isn’t going to be the last place that this happens,” Mayor Vi Lyles said, “but Charlotte will be the place that will heal — that will heal with dignity and respect for everyone.”

A task force made up of officers from different agencies had arrived in the suburban neighborhood to try to capture Terry Clark Hughes Jr., 39, who was wanted for possession of a firearm by an ex-felon and fleeing to elude in Lincoln County, North Carolina.

Those killed were identified as Sam Poloche and William Elliott of the North Carolina Department of Adult Corrections; Charlotte-Mecklenburg Officer Joshua Eyer; and Deputy U.S. Marshal Thomas Weeks. Four other officers were wounded in the shootout, and Hughes was also killed.

An AR-15 semi-automatic rifle, a 40-caliber handgun and ammunition were found at the scene.

An AR-15 is able to penetrate traditional body armor and allowed the shooter to “unload several rounds towards our officers within a matter of seconds,” said Charlotte-Mecklenburg Police Chief Johnny Jennings.

He said more than 100 spent rounds were found, though it wasn't clear how many were fired by the suspect. At least 12 officers also fired guns.

“Even though officers were trying to take cover, they were at a disadvantage because the suspect was up at a higher level and they were returning fire from a lower position,” Jennings said, noting that the gunman was “shooting from upstairs.”

It was the deadliest day for U.S. law enforcement in one incident since five officers were killed by a sniper during a protest in Dallas in 2016.

Hughes’ criminal record in North Carolina goes back more than a decade. It includes prison time and convictions for breaking and entering, reckless driving, eluding arrest and illegally possessing a gun as a former felon, according to state records.

Star Pulliam, a cousin of Hughes, said he had just bought the home where the shootout occurred. Pulliam said the pair were close and talked nearly every day. She said Hughes was an electrician for more than 15 years. He posted short videos of complex electrical wiring on his LinkedIn profile.

Despite past struggles with the law, Pulliam said it seemed to her like Hughes “had been straightening his life out,” she said.

Saing Chhoeun, who lives next door, recalled hearing several demands that Hughes leave the home. There was no response, he said, but then a car alarm went off about the same time as gunfire.

He said an armored vehicle was subsequently parked between the house and the wounded officers to serve as protection during a rescue attempt. After a three-hour standoff, the home was torn open by specialty vehicles.

“I don’t know how many rounds were fired. But then it got quiet," Chhoeun told The Associated Press.

Two females who were inside the house, including a minor, were cooperating and have not been charged, the police chief said, adding that investigators weren't pursuing additional suspects.

Jennings said Monday that a second shooter was suspected of firing at police. But by Tuesday, he was backing off and said that possibility was still being checked.

Before taking questions from reporters, officials expressed sorrow and awe for the slain and wounded officers.

Eyer was recently honored as a Charlotte-Mecklenburg officer of the month, partly for working to get guns off the streets. Jennings said he was killed while responding to others who were facing gunfire at the scene.

“We saw ... officers going into the line of fire to save their brothers in blue, who have gone down in the act of trying to keep our community safe,” Jennings said. “To me, that’s truly heroic.”

Residents in the neighborhood of modest brick homes expressed fear a day later.

"We’ve been here such a long time — you raise your children here — and then all the sudden you have this tragedy,” said Yearly Washington, who has lived there for 35 years.

The last marshal killed in the line of duty was in November 2018. Chase White was shot in Tucson, Arizona, by a man wanted for stalking local law enforcement.

The Carolinas Regional Fugitive Task Force, headquartered in Charlotte, is comprised of 70 federal, state and local agencies collaborating to capture crime suspects.

“This is a loss for the entire country," said Marshals Service Director Ronald Davis, who traveled to Charlotte. “Losing a deputy, losing task force officers, is like losing a family member because, quite frankly, they are family members.”

Contributing to this report were John Raby and Leah Willingham in Charleston, West Virginia; Sarah Brumfield in Silver Spring, Maryland; and Ed White in Detroit.

An American flag and flowers cover a Charlotte-Mecklenburg police vehicle at the North Tryon Station in Charlotte, N.C., Tuesday, April 30, 2024 where Charlotte-Mecklenburg Officer Joshua Eyer was stationed. Police in North Carolina say a shootout that killed four law enforcement officers, including Eyer, and wounded four others began as officers approached the home to serve a warrant for a felon wanted for possessing a firearm on April 29. (AP Photo/Nell Redmond)

An American flag and flowers cover a Charlotte-Mecklenburg police vehicle at the North Tryon Station in Charlotte, N.C., Tuesday, April 30, 2024 where Charlotte-Mecklenburg Officer Joshua Eyer was stationed. Police in North Carolina say a shootout that killed four law enforcement officers, including Eyer, and wounded four others began as officers approached the home to serve a warrant for a felon wanted for possessing a firearm on April 29. (AP Photo/Nell Redmond)

Charlotte firefighters from Engine 7 bring flowers to a flag-covered Charlotte-Mecklenburg police vehicle at the North Tryon Station in Charlotte, N.C., Tuesday, April 30, 2024, where Charlotte-Mecklenburg Officer Joshua Eyer was stationed. Police in North Carolina say a shootout that killed several law enforcement officers, including Eyer, and wounded others began as officers approached a home on Monday to serve a warrant for a felon wanted for possessing a firearm. (AP Photo/Nell Redmond)

Charlotte firefighters from Engine 7 bring flowers to a flag-covered Charlotte-Mecklenburg police vehicle at the North Tryon Station in Charlotte, N.C., Tuesday, April 30, 2024, where Charlotte-Mecklenburg Officer Joshua Eyer was stationed. Police in North Carolina say a shootout that killed several law enforcement officers, including Eyer, and wounded others began as officers approached a home on Monday to serve a warrant for a felon wanted for possessing a firearm. (AP Photo/Nell Redmond)

Debris covers a home on Tuesday, April 30, 2024, where a shootout between a suspect and officers occurred on Monday, in Charlotte, N.C. Police say a shootout that killed four law enforcement officers and wounded four others began as officers approached the home to serve a warrant for a felon wanted for possessing a firearm. (AP Photo/Nell Redmond)

Debris covers a home on Tuesday, April 30, 2024, where a shootout between a suspect and officers occurred on Monday, in Charlotte, N.C. Police say a shootout that killed four law enforcement officers and wounded four others began as officers approached the home to serve a warrant for a felon wanted for possessing a firearm. (AP Photo/Nell Redmond)

Rev. Raymond Johnson, of Marion, S.C., arranges flowers on the lawn of the home on Galway Drive in Charlotte, N.C., Tuesday, April 30, 2024 where a shootout between a suspect and officers occurred during an attempt to serve a warrant on April 29, 2024. (AP Photo/Nell Redmond)

Rev. Raymond Johnson, of Marion, S.C., arranges flowers on the lawn of the home on Galway Drive in Charlotte, N.C., Tuesday, April 30, 2024 where a shootout between a suspect and officers occurred during an attempt to serve a warrant on April 29, 2024. (AP Photo/Nell Redmond)

People take photos of a home, Tuesday, April 30, 2024, where a shootout between a suspect and officers occurred on Monday, in Charlotte, N.C. Police say a shootout that killed four law enforcement officers and wounded four others began as officers approached the home to serve a warrant for a felon wanted for possessing a firearm. (AP Photo/Nell Redmond)

People take photos of a home, Tuesday, April 30, 2024, where a shootout between a suspect and officers occurred on Monday, in Charlotte, N.C. Police say a shootout that killed four law enforcement officers and wounded four others began as officers approached the home to serve a warrant for a felon wanted for possessing a firearm. (AP Photo/Nell Redmond)

Debris covers the lawn of a home from Monday's standoff with police in Charlotte, N.C. on Tuesday, April 30, 2024. Police in North Carolina say a shootout that killed four law enforcement officers and wounded four others began as officers approached the home to serve a warrant for a felon wanted for possessing a firearm. (AP Photo/Jeffrey Collins)

Debris covers the lawn of a home from Monday's standoff with police in Charlotte, N.C. on Tuesday, April 30, 2024. Police in North Carolina say a shootout that killed four law enforcement officers and wounded four others began as officers approached the home to serve a warrant for a felon wanted for possessing a firearm. (AP Photo/Jeffrey Collins)

Charlotte-Mecklenburg Police Chief Johnny Jennings pauses to compose himself during a press conference in Charlotte, N.C., Tuesday, April 30, 2024, regarding a shooting that killed four officers during an attempt to serve a warrant on April 29. (AP Photo/Nell Redmond)

Charlotte-Mecklenburg Police Chief Johnny Jennings pauses to compose himself during a press conference in Charlotte, N.C., Tuesday, April 30, 2024, regarding a shooting that killed four officers during an attempt to serve a warrant on April 29. (AP Photo/Nell Redmond)

North Carolina Governor Roy Cooper speaks at a press conference in Charlotte, N.C., Tuesday, April 30, 2024, regarding the shooting that killed several officers and wounded others during an attempt to serve a warrant on Monday. (AP Photo/Nell Redmond)

North Carolina Governor Roy Cooper speaks at a press conference in Charlotte, N.C., Tuesday, April 30, 2024, regarding the shooting that killed several officers and wounded others during an attempt to serve a warrant on Monday. (AP Photo/Nell Redmond)

Charlotte Mayor Vi Lyles speaks at a press conference in Charlotte, N.C., Tuesday, April 30, 2024, regarding the shooting that killed several officers and wounded others during an attempt to serve a warrant on Monday. (AP Photo/Nell Redmond)

Charlotte Mayor Vi Lyles speaks at a press conference in Charlotte, N.C., Tuesday, April 30, 2024, regarding the shooting that killed several officers and wounded others during an attempt to serve a warrant on Monday. (AP Photo/Nell Redmond)

Charlotte-Mecklenburg Police Chief Johnny Jennings leaves a press conference in Charlotte, N.C., Tuesday, April 30, 2024, regarding a shooting that killed four officers during an attempt to serve a warrant on April 29. (AP Photo/Nell Redmond)

Charlotte-Mecklenburg Police Chief Johnny Jennings leaves a press conference in Charlotte, N.C., Tuesday, April 30, 2024, regarding a shooting that killed four officers during an attempt to serve a warrant on April 29. (AP Photo/Nell Redmond)

Ronald Davis, Director of the United States Marshals Service, speaks during a press conference in Charlotte, N.C., Tuesday, April 30, 2024, regarding a shooting that killed four officers during an attempt to serve a warrant on April 29. (AP Photo/Nell Redmond)

Ronald Davis, Director of the United States Marshals Service, speaks during a press conference in Charlotte, N.C., Tuesday, April 30, 2024, regarding a shooting that killed four officers during an attempt to serve a warrant on April 29. (AP Photo/Nell Redmond)

Charlotte-Mecklenburg Police Chief Johnny Jennings listens to a question during a press conference in Charlotte, N.C., Tuesday, April 30, 2024, regarding a shooting that killed four officers during an attempt to serve a warrant on April 29. (AP Photo/Nell Redmond)

Charlotte-Mecklenburg Police Chief Johnny Jennings listens to a question during a press conference in Charlotte, N.C., Tuesday, April 30, 2024, regarding a shooting that killed four officers during an attempt to serve a warrant on April 29. (AP Photo/Nell Redmond)

Charlotte-Mecklenburg Police Chief Johnny Jennings wipes away tears as he speaks at a press conference in Charlotte, N.C., Tuesday, April 30, 2024, regarding the shooting that killed four officers during an attempt to serve a warrant on April 29. (AP Photo/Nell Redmond)

Charlotte-Mecklenburg Police Chief Johnny Jennings wipes away tears as he speaks at a press conference in Charlotte, N.C., Tuesday, April 30, 2024, regarding the shooting that killed four officers during an attempt to serve a warrant on April 29. (AP Photo/Nell Redmond)

An undated photo provided by the U.S. Marshals Service shows Thomas M. Weeks. Weeks was a deputy U.S. Marshal assigned to the Western District of North Carolina and was one of four officers killed in a shootout Monday, April 29, 2024, in Charlotte, N.C. (U.S. Marshals Service via AP)

An undated photo provided by the U.S. Marshals Service shows Thomas M. Weeks. Weeks was a deputy U.S. Marshal assigned to the Western District of North Carolina and was one of four officers killed in a shootout Monday, April 29, 2024, in Charlotte, N.C. (U.S. Marshals Service via AP)

This photo provided by the Charlotte-Mecklenburg Police Department shows Charlotte-Mecklenburg police officer Joshua Eyer. A shootout on Monday, April 29, 2024, killed Eyer, and three law enforcement officers and wounded four others in North Carolina began as officers approached a home to serve a warrant for a felon wanted for possessing a firearm, police said. (Charlotte-Mecklenburg Police Department via AP)

This photo provided by the Charlotte-Mecklenburg Police Department shows Charlotte-Mecklenburg police officer Joshua Eyer. A shootout on Monday, April 29, 2024, killed Eyer, and three law enforcement officers and wounded four others in North Carolina began as officers approached a home to serve a warrant for a felon wanted for possessing a firearm, police said. (Charlotte-Mecklenburg Police Department via AP)

This photo provided by North Carolina Department of Corrections shows William Elliott, assigned with U.S. Marshals Carolinas Regional Fugitive Task Force. Elliott was killed after a shootout that killed four law enforcement officers and wounded four others on Monday, April 29, 2024 in Charlotte, N.C. (North Carolina Department of Corrections via AP)

This photo provided by North Carolina Department of Corrections shows William Elliott, assigned with U.S. Marshals Carolinas Regional Fugitive Task Force. Elliott was killed after a shootout that killed four law enforcement officers and wounded four others on Monday, April 29, 2024 in Charlotte, N.C. (North Carolina Department of Corrections via AP)

This photo provided by North Carolina Department of Corrections shows Samuel Poloche, assigned with U.S. Marshals Carolinas Regional Fugitive Task Force. Poloche was killed after a shootout that killed four law enforcement officers and wounded four others on Monday, April 29, 2024 in Charlotte, N.C. (North Carolina Department of Corrections via AP)

This photo provided by North Carolina Department of Corrections shows Samuel Poloche, assigned with U.S. Marshals Carolinas Regional Fugitive Task Force. Poloche was killed after a shootout that killed four law enforcement officers and wounded four others on Monday, April 29, 2024 in Charlotte, N.C. (North Carolina Department of Corrections via AP)

North Carolina Attorney general Josh Stein speaks at a press conference in Charlotte, N.C., Tuesday, April 30, 2024. Police say a shootout that killed several law enforcement officers and wounded others began as officers approached a home to serve a warrant for a felon wanted for possessing a firearm. (AP Photo/Nell Redmond)

North Carolina Attorney general Josh Stein speaks at a press conference in Charlotte, N.C., Tuesday, April 30, 2024. Police say a shootout that killed several law enforcement officers and wounded others began as officers approached a home to serve a warrant for a felon wanted for possessing a firearm. (AP Photo/Nell Redmond)

Charlotte-Mecklenburg Police Chief Johnny Jennings pauses at a press conference in Charlotte, N.C., Tuesday, April 30, 2024, regarding the shooting of four officers during an attempt to serve a warrant on April 29, 2024. (AP Photo/Nell Redmond)

Charlotte-Mecklenburg Police Chief Johnny Jennings pauses at a press conference in Charlotte, N.C., Tuesday, April 30, 2024, regarding the shooting of four officers during an attempt to serve a warrant on April 29, 2024. (AP Photo/Nell Redmond)

Debris surrounds a home, Tuesday, April 30, 2024, where a shootout between a suspect and officers occurred on Monday, in Charlotte, N.C. Police say a shootout that killed four law enforcement officers and wounded four others began as officers approached the home to serve a warrant for a felon wanted for possessing a firearm. (AP Photo/Nell Redmond)

Debris surrounds a home, Tuesday, April 30, 2024, where a shootout between a suspect and officers occurred on Monday, in Charlotte, N.C. Police say a shootout that killed four law enforcement officers and wounded four others began as officers approached the home to serve a warrant for a felon wanted for possessing a firearm. (AP Photo/Nell Redmond)

This combo of undated images provided by law enforcement, shows, from left, Sam Poloche and William Elliott of the North Carolina Department of Adult Corrections; Charlotte-Mecklenburg Officer Joshua Eyer; and Deputy U.S. Marshal Thomas Weeks. The four officers were killed and four others were wounded, Monday, April 29, 2024, in suburban Charlotte, as they approached a home to serve a warrant for a felon wanted for possessing a firearm. (North Carolina Department of Corrections (2), Charlotte-Mecklenburg Police Department, US Marshals Service via AP)

This combo of undated images provided by law enforcement, shows, from left, Sam Poloche and William Elliott of the North Carolina Department of Adult Corrections; Charlotte-Mecklenburg Officer Joshua Eyer; and Deputy U.S. Marshal Thomas Weeks. The four officers were killed and four others were wounded, Monday, April 29, 2024, in suburban Charlotte, as they approached a home to serve a warrant for a felon wanted for possessing a firearm. (North Carolina Department of Corrections (2), Charlotte-Mecklenburg Police Department, US Marshals Service via AP)

Charlotte-Mecklenburg Police Chief Johnny Jennings wipes away tears as he speaks at a press conference in Charlotte, N.C., Tuesday, April 30, 2024, regarding the shooting that killed four officers during an attempt to serve a warrant on April 29. (AP Photo/Nell Redmond)

Charlotte-Mecklenburg Police Chief Johnny Jennings wipes away tears as he speaks at a press conference in Charlotte, N.C., Tuesday, April 30, 2024, regarding the shooting that killed four officers during an attempt to serve a warrant on April 29. (AP Photo/Nell Redmond)

Rev. Raymond Johnson, of Marion, S.C., arranges flowers on the lawn of the home on Galway Drive in Charlotte, N.C., Tuesday, April 30, 2024 where a shootout between a suspect and officers occurred during an attempt to serve a warrant on Monday. Four law enforcement officers were killed. (AP Photo/Nell Redmond)

Rev. Raymond Johnson, of Marion, S.C., arranges flowers on the lawn of the home on Galway Drive in Charlotte, N.C., Tuesday, April 30, 2024 where a shootout between a suspect and officers occurred during an attempt to serve a warrant on Monday. Four law enforcement officers were killed. (AP Photo/Nell Redmond)

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