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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)

NEW YORK (AP) — Dozens of protesters took over a building at Columbia University in New York early Tuesday, barricading the entrances and unfurling a Palestinian flag out of a window in the latest escalation of demonstrations against the Israel-Hamas war that have spread to college campuses nationwide.

Video footage showed protesters on Columbia's Manhattan campus locking arms in front of Hamilton Hall early Tuesday and carrying furniture and metal barricades to the building, one of several that was occupied during a 1968 civil rights and anti-Vietnam War protest on the campus. Posts on an Instagram page for protest organizers shortly after midnight urged people to protect the encampment and join them at Hamilton Hall.

“An autonomous group reclaimed Hind’s Hall, previously known as ”Hamilton Hall,” in honor of Hind Rajab, a martyr murdered at the hands of the genocidal Israeli state at the age of six years old,” CU Apartheid Divest posted on X, formerly known as Twitter, early Tuesday.

The student radio station, WKCR-FM, broadcasted a play-by-play of the hall’s takeover – which occurred nearly 12 hours after Monday’s 2 p.m. deadline for the protesters to leave an encampment of around 120 tents or face suspension. Representatives for the university did not immediately respond to emails requesting comment early Tuesday.

In the X post, protestors said they planned to remain at the hall until the university conceded to the CUAD's three demands: divestment, financial transparency and amnesty.

Universities across the U.S. are grappling with how to clear out encampments as commencement ceremonies approach, with some continuing negotiations and others turning to force and ultimatums that have resulted in clashes with police. Dozens of people were arrested Monday during protests at universities in Texas, Utah and Virginia, while Columbia said hours before the takeover of Hamilton Hall that it had started suspending students.

Demonstrators are sparring over the Israel-Hamas war and its mounting death toll, and the number of arrests at campuses nationwide is approaching 1,000 as the final days of class wrap up. The outcry is forcing colleges to reckon with their financial ties to Israel, as well as their support for free speech. Some Jewish students say the protests have veered into antisemitism and made them afraid to set foot on campus.

At the University of Texas at Austin, an attorney said at least 40 demonstrators were arrested Monday. The confrontation was an escalation on the 53,000-student campus in the state's capital, where more than 50 protesters were arrested last week.

Later Monday, dozens of officers in riot gear at the University of Utah sought to break up an encampment outside the university president’s office that went up in the afternoon. Police dragged students off by their hands and feet, snapping the poles holding up tents and zip-tying those who refused to disperse. Seventeen people were arrested. The university says it’s against code to camp overnight on school property and that the students were given several warnings to disperse before police were called in.

The plight of students who have been arrested has become a central part of protests, with the students and a growing number of faculty demanding amnesty for protesters. At issue is whether the suspensions and legal records will follow students through their adult lives.

The Texas protest and others — including in Canada and Europe — grew out of Columbia's early demonstrations that have continued. On Monday, student activists defied the 2 p.m. deadline to leave the encampment. Instead, hundreds of protesters remained. A handful of counter-demonstrators waved Israeli flags, and one held a sign reading, “Where are the anti-Hamas chants?”

While the university didn’t call police to roust the demonstrators, school spokesperson Ben Chang said suspensions had started but could provide few details. Protest organizers said they were not aware of any suspensions as of Monday evening.

Columbia’s handling of the demonstrations also has prompted federal complaints.

A class-action lawsuit on behalf of Jewish students alleges a breach of contract by Columbia, claiming the university failed to maintain a safe learning environment, despite policies and promises. It also challenges the move away from in-person classes and seeks quick court action requiring Columbia to provide security for the students.

Meanwhile, a legal group representing pro-Palestinian students is urging the U.S. Department of Education’s civil rights office to investigate Columbia’s compliance with the Civil Rights Act of 1964 for how they have been treated.

A university spokesperson declined to comment on the complaints.

In a rare case, Northwestern University said it reached an agreement with students and faculty who represent the majority of protesters on its campus near Chicago. It allows peaceful demonstrations through the June 1 end of spring classes and in exchange, requires removal of all tents except one for aid, and restricts the demonstration area to allow only students, faculty and staff unless the university approves otherwise.

At the University of Southern California, organizers of a large encampment sat down with university President Carol Folt for about 90 minutes on Monday. Folt declined to discuss details but said she heard the concerns of protesters and talks would continue Tuesday.

USC sparked a controversy April 15 when officials refused to allow the valedictorian, who has publicly supported Palestinians, to make a commencement speech, citing nonspecific security concerns for their rare decision. Administrators then scrapped the keynote speech by filmmaker Jon M. Chu, who is an alumnus, and declined to award any honorary degrees.

The backlash, as well as Columbia's demonstrations, inspired the encampment and protests on campus last week week where 90 people were arrested by police in riot gear. The university has canceled its main graduation event.

Administrators elsewhere tried to salvage their commencements and several have ordered the clearing of encampments in recent days. When those efforts have failed, officials threatened discipline, including suspension, and possible arrest.

But students dug in their heels at other high-profile universities, with standoffs continuing at Harvard, the University of Pennsylvania, Yale and others. Police in riot gear at Virginia Commonwealth University sought to break up an encampment there late Monday and clashed with protesters.

Vertuno reported from Austin, Texas, and Mattise reported from Nashville, Tennessee. Associated Press journalists around the country contributed to this report, including Hannah Schoenbaum, Sarah Brumfield, Stefanie Dazio, Christopher Weber, Carolyn Thompson, David Collins, Makiya Seminera and Corey Williams.

FILE - Part of some estimated 300 students at Columbia University are shown milling around Hamilton Hall on the campus in New York, April 24, 1968. The students are protesting the construction of a gymnasium in a public park and the university's participation in a defense-related program. A couple of students stand on pedestal of the statue of Alexander Hamilton while others hang a poster of Stokely Carmichael from the balcony of the building along with a Viet Cong flag. (AP Photo/Jacob Harris, File)

FILE - Part of some estimated 300 students at Columbia University are shown milling around Hamilton Hall on the campus in New York, April 24, 1968. The students are protesting the construction of a gymnasium in a public park and the university's participation in a defense-related program. A couple of students stand on pedestal of the statue of Alexander Hamilton while others hang a poster of Stokely Carmichael from the balcony of the building along with a Viet Cong flag. (AP Photo/Jacob Harris, File)

Police arrive at a pro-Palestinian rally at Virginia Commonwealth University, Monday, April 29, 2024, in Richmond, Va. (Mike Kropf/Richmond Times-Dispatch via AP)

Police arrive at a pro-Palestinian rally at Virginia Commonwealth University, Monday, April 29, 2024, in Richmond, Va. (Mike Kropf/Richmond Times-Dispatch via AP)

Demonstrators and law enforcement officers clash during a pro-Palestinian rally at Virginia Commonwealth University, Monday, April 29, 2024, in Richmond, Va. (Mike Kropf/Richmond Times-Dispatch via AP)

Demonstrators and law enforcement officers clash during a pro-Palestinian rally at Virginia Commonwealth University, Monday, April 29, 2024, in Richmond, Va. (Mike Kropf/Richmond Times-Dispatch via AP)

Law enforcement officers hold shields during a pro-Palestinian rally at Virginia Commonwealth University, Monday, April 29, 2024, in Richmond, Va. (Mike Kropf/Richmond Times-Dispatch via AP)

Law enforcement officers hold shields during a pro-Palestinian rally at Virginia Commonwealth University, Monday, April 29, 2024, in Richmond, Va. (Mike Kropf/Richmond Times-Dispatch via AP)

Demonstrators stand behind a sign in preparation for police to arrive during a pro-Palestinian rally at Virginia Commonwealth University, Monday, April 29, 2024, in Richmond, Va. (Mike Kropf/Richmond Times-Dispatch via AP)

Demonstrators stand behind a sign in preparation for police to arrive during a pro-Palestinian rally at Virginia Commonwealth University, Monday, April 29, 2024, in Richmond, Va. (Mike Kropf/Richmond Times-Dispatch via AP)

University of Oregon students set up a tent encampment at the university to protest the Israel-Hamas war on Monday, April 29, 2024, in Eugene, Ore. (AP Photo/Jenny Kane)

University of Oregon students set up a tent encampment at the university to protest the Israel-Hamas war on Monday, April 29, 2024, in Eugene, Ore. (AP Photo/Jenny Kane)

A University of Oregon student carves a design into a stamp to be used on cloth at a tent encampment at the university that was set up to protest the Israel-Hamas war, Monday, April 29, 2024, in Eugene, Ore. (AP Photo/Jenny Kane)

A University of Oregon student carves a design into a stamp to be used on cloth at a tent encampment at the university that was set up to protest the Israel-Hamas war, Monday, April 29, 2024, in Eugene, Ore. (AP Photo/Jenny Kane)

A student at the University of Oregon sets up a sign that reads "Divest from death" as students set up a tent encampment at the university to protest the Israel-Hamas war on Monday, April 29, 2024, in Eugene, Ore. (AP Photo/Jenny Kane)

A student at the University of Oregon sets up a sign that reads "Divest from death" as students set up a tent encampment at the university to protest the Israel-Hamas war on Monday, April 29, 2024, in Eugene, Ore. (AP Photo/Jenny Kane)

A student at the University of Oregon looks into a tent with other students at an encampment at the university that was set up to protest the Israel-Hamas war on Monday, April 29, 2024, in Eugene, Ore. (AP Photo/Jenny Kane)

A student at the University of Oregon looks into a tent with other students at an encampment at the university that was set up to protest the Israel-Hamas war on Monday, April 29, 2024, in Eugene, Ore. (AP Photo/Jenny Kane)

Pro-Palestinian protesters continued to occupy the grounds at University of California, Los Angeles in front of Royce Hall on Monday, April 29, 2024, in Los Angeles. Security has surrounded the encampment after a skirmish broke out Sunday between the Pro-Palestianian protesters and Israel supporters. (David Crane/The Orange County Register via AP)

Pro-Palestinian protesters continued to occupy the grounds at University of California, Los Angeles in front of Royce Hall on Monday, April 29, 2024, in Los Angeles. Security has surrounded the encampment after a skirmish broke out Sunday between the Pro-Palestianian protesters and Israel supporters. (David Crane/The Orange County Register via AP)

Speakers take turns addressing a rally on Francis Quadrangle at the University of Missouri campus Monday, April 29, 2024, in Columbia, Mo. Students staged a walkout and demonstration calling for a cease-fire in Gaza. The group made up of about 300 peopl, met at Lowry Mall and walked to the Quad and back. (Brian W. Kratzer/Missourian via AP)

Speakers take turns addressing a rally on Francis Quadrangle at the University of Missouri campus Monday, April 29, 2024, in Columbia, Mo. Students staged a walkout and demonstration calling for a cease-fire in Gaza. The group made up of about 300 peopl, met at Lowry Mall and walked to the Quad and back. (Brian W. Kratzer/Missourian via AP)

A person who declined to give their name maneuvers among tents at an encampment by students protesting against the Israel-Hamas war at George Washington University on Monday, April 29, 2024, in Washington. (AP Photo/Mark Schiefelbein)

A person who declined to give their name maneuvers among tents at an encampment by students protesting against the Israel-Hamas war at George Washington University on Monday, April 29, 2024, in Washington. (AP Photo/Mark Schiefelbein)

Barricades torn down by demonstrators are piled in the center of an encampment by students protesting against the Israel-Hamas war at George Washington University on Monday, April 29, 2024, in Washington. (AP Photo/Mark Schiefelbein)

Barricades torn down by demonstrators are piled in the center of an encampment by students protesting against the Israel-Hamas war at George Washington University on Monday, April 29, 2024, in Washington. (AP Photo/Mark Schiefelbein)

Israel supporters look on at a pro-Palestinian encampment in front of Royce Hall at UCLA, Monday, April 29, 2024. Pro-Palestinian supporters joined in a march from their encampment in front of Royce Hall to areas around the campus. (David Crane/The Orange County Register via AP)

Israel supporters look on at a pro-Palestinian encampment in front of Royce Hall at UCLA, Monday, April 29, 2024. Pro-Palestinian supporters joined in a march from their encampment in front of Royce Hall to areas around the campus. (David Crane/The Orange County Register via AP)

Pro-Palestinian protesters stand with linked arms surrounded by Texas state troopers and police at an encampment at University of Texas in Austin, Texas, Monday, April 29, 2024. (Aaron E. Martinez/Austin American-Statesman via AP)

Pro-Palestinian protesters stand with linked arms surrounded by Texas state troopers and police at an encampment at University of Texas in Austin, Texas, Monday, April 29, 2024. (Aaron E. Martinez/Austin American-Statesman via AP)

State troopers arrest a person at a pro-Palestinian protest at the University of Texas in Austin, Texas, Monday, April 29, 2024. (Jay Janner/Austin American-Statesman via AP)

State troopers arrest a person at a pro-Palestinian protest at the University of Texas in Austin, Texas, Monday, April 29, 2024. (Jay Janner/Austin American-Statesman via AP)

A protester is taken away by University of Texas at Austin police at an encampment on the campus Monday, April 29, 2024. (Aaron E. Martinez/Austin American-Statesman via AP)

A protester is taken away by University of Texas at Austin police at an encampment on the campus Monday, April 29, 2024. (Aaron E. Martinez/Austin American-Statesman via AP)

Student protesters march round their encampment on the Columbia University campus, Monday, April 29, 2024, in New York. (AP Photo/Stefan Jeremiah)

Student protesters march round their encampment on the Columbia University campus, Monday, April 29, 2024, in New York. (AP Photo/Stefan Jeremiah)

A sign is shown written over to read "University of Palestine" at a pro-Palestinian encampment on the University of Washington campus Monday, April 29, 2024, in Seattle. The group is demanding that the university divest from Israel and cut ties with Boeing, which manufactures products used by Israel Defense Forces. (AP Photo/Lindsey Wasson)

A sign is shown written over to read "University of Palestine" at a pro-Palestinian encampment on the University of Washington campus Monday, April 29, 2024, in Seattle. The group is demanding that the university divest from Israel and cut ties with Boeing, which manufactures products used by Israel Defense Forces. (AP Photo/Lindsey Wasson)

A state trooper pepper sprays protesters at a pro-Palestinian protest at the University of Texas in Austin, Texas, Monday, April 29, 2024. (Jay Janner/Austin American-Statesman via AP)

A state trooper pepper sprays protesters at a pro-Palestinian protest at the University of Texas in Austin, Texas, Monday, April 29, 2024. (Jay Janner/Austin American-Statesman via AP)

State troopers arrest a pro-Palestinian protester at the University of Texas in Austin, Texas, Monday, April 29, 2024. (Jay Janner/Austin American-Statesman via AP)

State troopers arrest a pro-Palestinian protester at the University of Texas in Austin, Texas, Monday, April 29, 2024. (Jay Janner/Austin American-Statesman via AP)

University of South Florida police officers take pro-Palestinian protesters into custody during a march on the campus Monday, April 29, 2024, in Tampa, Fla. (Chris Urso/Tampa Bay Times via AP)

University of South Florida police officers take pro-Palestinian protesters into custody during a march on the campus Monday, April 29, 2024, in Tampa, Fla. (Chris Urso/Tampa Bay Times via AP)

People gather on the grass at a pro-Palestinian encampment at the University of Washington campus Monday, April 29, 2024, in Seattle. The group is demanding that the university divest from Israel and cut ties with Boeing, which manufactures products used by Israel Defense Forces. (AP Photo/Lindsey Wasson)

People gather on the grass at a pro-Palestinian encampment at the University of Washington campus Monday, April 29, 2024, in Seattle. The group is demanding that the university divest from Israel and cut ties with Boeing, which manufactures products used by Israel Defense Forces. (AP Photo/Lindsey Wasson)

A pro-Palestinian protester is grabbed by University of South Florida police as they begin to clash on campus Monday, April 29, 2024, in Tampa, Fla. (Chris Urso/Tampa Bay Times via AP)

A pro-Palestinian protester is grabbed by University of South Florida police as they begin to clash on campus Monday, April 29, 2024, in Tampa, Fla. (Chris Urso/Tampa Bay Times via AP)

Police arrest a pro-Palestinian protester at the University of Texas in Austin, Texas, Monday April 29, 2024. (Jay Janner/Austin American-Statesman via AP)

Police arrest a pro-Palestinian protester at the University of Texas in Austin, Texas, Monday April 29, 2024. (Jay Janner/Austin American-Statesman via AP)

A pro-Palestinian protester yells "Free Palestine" as she is handcuffed by University of Texas at Austin police on the campus Monday, April 29, 2024, in Austin, Texas. (Aaron E. Martinez/Austin American-Statesman via AP)

A pro-Palestinian protester yells "Free Palestine" as she is handcuffed by University of Texas at Austin police on the campus Monday, April 29, 2024, in Austin, Texas. (Aaron E. Martinez/Austin American-Statesman via AP)

A Palestinian flag flutters in the wind as University of Oregon students set up a tent encampment at the university to protest the Israel-Hamas war on Monday, April 29, 2024, in Eugene, Ore. (AP Photo/Jenny Kane)

A Palestinian flag flutters in the wind as University of Oregon students set up a tent encampment at the university to protest the Israel-Hamas war on Monday, April 29, 2024, in Eugene, Ore. (AP Photo/Jenny Kane)

Police pepper spray pro-Palestinian protesters blocking police vehicles from leaving the University of Texas in Austin, Texas, Monday, April 29, 2024. (Aaron E. Martinez/Austin American-Statesman via AP)

Police pepper spray pro-Palestinian protesters blocking police vehicles from leaving the University of Texas in Austin, Texas, Monday, April 29, 2024. (Aaron E. Martinez/Austin American-Statesman via AP)

A student at the University of Oregon is silhouetted in front of a Palestinian flag inside a tent encampment at the university that was set up to protest the Israel-Hamas war, Monday, April 29, 2024, in Eugene, Ore. (AP Photo/Jenny Kane)

A student at the University of Oregon is silhouetted in front of a Palestinian flag inside a tent encampment at the university that was set up to protest the Israel-Hamas war, Monday, April 29, 2024, in Eugene, Ore. (AP Photo/Jenny Kane)

A pro-Palestinian protester yells as state troopers stand during a protest at the University of Texas in Austin, Texas, Monday April, 29, 2024. (Jay Janner/Austin American-Statesman via AP)

A pro-Palestinian protester yells as state troopers stand during a protest at the University of Texas in Austin, Texas, Monday April, 29, 2024. (Jay Janner/Austin American-Statesman via AP)

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