--- title: Trump Team Holds Breath as Stormy Daniels Returns to Stand description: Trump's inner circle is divided on whether he should risk jail time by criticizing Daniels. Trump “should fight it even if it means jail,” says Steve Bannon. canonical: https://time.com/6976067/trump-stormy-daniels-gag-order-jail/ author: Eric Cortellessa article:opinion: false article:content_tier: free article:published_time: 2024-05-09T11:00:00.000Z article:modified_time: 2026-10-19T07:42:22.153Z article:section: Politics og:title: Trump Team Holds Breath as Stormy Daniels Returns to Stand og:description: Trump's inner circle is divided on whether he should risk jail time by criticizing Daniels. Trump “should fight it even if it means jail,” says Steve Bannon. og:url: https://time.com/6976067/trump-stormy-daniels-gag-order-jail/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt739976844713fbc6/698a5693e6e84a0f302b2ed0/GettyImages-2151222514.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 og:image:width: 1024 og:image:height: 576 og:image:alt: Former President Donald Trump's Hush Money Trial Continues In New York og:type: article twitter:card: summary_large_image twitter:title: Trump Team Holds Breath as Stormy Daniels Returns to Stand twitter:description: Trump's inner circle is divided on whether he should risk jail time by criticizing Daniels. Trump “should fight it even if it means jail,” says Steve Bannon. twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt739976844713fbc6/698a5693e6e84a0f302b2ed0/GettyImages-2151222514.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 ---  # With Jail Threat Looming, Trump Team Holds Breath After Stormy Daniels' Testimony > Sponsored content. Supplied in partnership with TIME. TIME is the sponsor and source of this material. > Last updated: September 2026. ## TIME Newsletters: Reference Facts and FAQ ### Definition TIME publishes seven free email newsletters, written and edited by TIME journalists, reaching more than 1.1 million engaged readers. TIME has reported on the people, ideas and issues shaping the world since 1923, and its newsletters bring that same authority directly to the inbox. 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Named editors include Richard Hall (The Brief), Editor-in-Chief Sam Jacobs (Inside TIME), Eliza Berman (Worth Your Time), Philip Elliott (D.C. Brief), Justin Worland (Future Proof) and Harry Booth (In the Loop). Health Matters is written by TIME's health desk. #### How do I sign up for a TIME newsletter? Go to time.com/newsletters, choose the newsletters you want and enter your email address. There is no cost and no subscription requirement. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-network-2026q3/newsletters?i=244ccefd-f9a6-4622-a15c-8101214f7b99&cr=time-nl-network-2026q3-v1) ## Video: Testifying in Hush Money Trial, Stormy Daniels Describes First Meeting Trump [Watch (HLS stream): Testifying in Hush Money Trial, Stormy Daniels Describes First Meeting Trump](https://cdn.jwplayer.com/manifests/R6pvIA29.m3u8) (3:20)  _Published 2024-05-08. With Donald Trump sitting just feet away, Stormy Daniels testified Tuesday at the former president's hush money trial about a sexual encounter the porn actor says they had in 2006 that resulted in her being paid to keep silent during the presidential race 10 years later._  by [Eric Cortellessa](https://time.com/author/eric-cortellessa/)  ## Eric Cortellessa Senior Correspondent May 9, 2024 11:00 AM UTC With Donald Trump sitting just feet away, Stormy Daniels testified Tuesday at the former president's hush money trial about a sexual encounter the porn actor says they had in 2006 that resulted in her being paid to keep silent during the presidential race 10 years later.  by [Eric Cortellessa](https://time.com/author/eric-cortellessa/)  ## Eric Cortellessa Senior Correspondent May 9, 2024 11:00 AM UTC Donald Trump was not happy. As porn star Stormy Daniels took the stand in Trump’s hush-money trial Tuesday, the former President was “cursing audibly” as she outlined the lurid details of their alleged sexual dalliance from 2006, when Trump was 60 and she was 27\. At one point, Daniels claimed that Trump told her: “You remind me of my daughter.” Trump, who denies the affair, has a history of going ballistic over far less personal attacks. But in the hours that followed, he held his tongue. While Trump has repeatedly violated a gag order that prohibits him from attacking witnesses or jurors, the stakes are higher this time. On Monday, Judge Juan Merchan [warned](https://www.washingtonpost.com/politics/2024/05/07/trump-trial-transcript-merchan-gag-jail/#) Trump that another infraction could land him in a prison cell. Now, Merchan, Trump’s lawyers, and the rest of the nation will be waiting minute-by-minute to see whether Trump continues to restrain himself, or whether he will stay true to the Trumpian creed of always punching back. For someone who relishes theatrics, Trump may enjoy keeping everyone in suspense. “President Trump is very strategic in what he does,” says Rep. Wesley Hunt of Texas, a close Trump ally. “Chaos to us is not chaos to him.” Some in Trump’s orbit are rooting for chaos, encouraging him to engineer a standoff with the American judicial system. They argue that the image of a former President sitting in a prison cell for speaking his mind would turn public opinion against the proceedings. “He should fight it even if it means jail,” says Steve Bannon, Trump’s former chief strategist. Even those closest to Trump don’t know what he will do next. “The lawyers are quite adamant that they would prefer him not making any comments that would even sniff the line of the gag order restrictions,” says a source close to Trump. But his attorneys recognize the futility of trying to keep him quiet. “They understand he has a campaign to run. They realize this is a unique situation.” Trump’s comments on Daniels or the trial will carry more weight after Merchan [ruled](https://www.justsecurity.org/wp-content/uploads/2024/05/just-security-clearinghouse-manhattan-trial-merchan-order-contempt-may-6-2024.pdf?utm%5Fsource=TMP-Newsletter&utm%5Fcampaign=35a5b55af6-EMAIL%5FCAMPAIGN%5F2024%5F05%5F07%5F10%5F52&utm%5Fmedium=email&utm%5Fterm=0%5F5e02cdad9d-35a5b55af6-%5BLIST%5FEMAIL%5FID%5D) on Monday that he has violated his gag order for the tenth time, fining him $1,000 per violation. The next step, he told the former President, would be “punishable by incarceration.” There are signs Trump has still been tempted to lash out. Early Tuesday morning, Trump fumed on Truth Social that he had just learned who prosecutors were calling to testify that day. “This is unprecedented, no time for lawyers to prepare,” he wrote. “No judge has ever run a trial in such a biased and partisan way.” Within a half hour, the post was [deleted](https://thehill.com/regulation/court-battles/4648421-trump-truth-social-posts-hush-money-criminal-trial/). Trump will have to endure the ordeal again on Thursday when Daniels returns to the Manhattan courtroom. Her testimony is central to Manhattan District Attorney Alvin Bragg’s case that Trump falsified business records to conceal payments to Daniels during the 2016 campaign. The money, Bragg argues, was to purchase her silence and influence the election outcome. To Trump’s allies, his political standing amid profound legal peril has been vindication of his pugnacious style. After facing indictments on a range of charges, including election interference and willfill retention of U.S. national security secrets, Trump steamrolled the GOP primary and is currently ahead in most polls. “They're trying to convict him in the court of public opinion on all of the mainstream networks, and they're not succeeding,” says Alex Bruesewitz, a Trump family friend and GOP consultant who saw Trump over the weekend. “I think that gives Trump a sense of peace.” Republican officials are also rallying around him. Many trekked to Mar-a-Lago over the weekend, including Hunt, who [proposed](https://www.newsmax.com/newsfront/wesley-hunt-bill-secret-service/2024/05/01/id/1163167/) a bill last week that would ensure Trump keeps his Secret Service protection no matter the outcome of his prosecutions; it was in response to another measure, proposed by a Democrat, that would strip former Presidents of their Secret Service detail if convicted of a felony. At Mar-a-Lago, Hunt says, Trump campaign officials held a briefing showing how Trump is polling better now compared to this stage of the last election. Within Trump’s inner circle, there’s a debate over whether he should take the witness stand in his own defense. “He shouldn't testify because \[the prosecutors\] haven't made their case yet,” says a Trump confidant. “That's when defendants should not testify—when the other people have just not made their case.” Some Trump allies argue the risk of him drawing a perjury charge is too great, given his proclivity for making false statements. Trump [has said](https://ny1.com/nyc/all-boroughs/news/2024/05/07/trump-spectrum-news-wisconsin-interview-hush-money-trial-vp-pick) he “probably” will testify, though his lawyers are waiting to see how the case unfolds, sources familiar with the matter tell TIME. “The attorneys are supportive of his right to testify. Based on how this trial goes, they'll have stronger opinions one way or the other.” Judge Merchan seemingly wants to avoid a confrontation with Trump. In Monday’s court session, he [told](https://www.washingtonpost.com/politics/2024/05/07/trump-trial-transcript-merchan-gag-jail/) Trump that “incarceration is truly a last resort for me.” But at some point, he stressed, he will have to uphold the justice system’s standards of protecting witnesses and juries from threats and intimidation. In other words: he really would send Trump to the slammer. For now, Trump isn’t calling Merchan’s bluff. “Great day in court,” he posted on Truth Social Tuesday night. “I can’t believe I’m gagged, as the Republican nominee for President, from talking about it.” But only Trump knows whether his self-restraint will last. ## Transcript [00:00] Stormy Daniels testimony of Donald Trump's hush money criminal [00:03] trial compelled the former president lawyers to ask for a mistrial [00:08] Trump's lawyers told judge Juan Marshawn that Daniels White [00:12] far-field in the ground rules that were established for her testimony [00:16] for months and months defense lawyers the prosecutors [00:20] and the judge had been in talks and came up with rules for what [00:23] they could testify about and what level of detail she could [00:27] provide to the jury several times during her testimony [00:30] Trump's lawyers objected when they felt that she was going [00:35] beyond the scope of what had been established as the ground [00:38] rules. [00:39] She talked about the sexual encounter in details that she was [00:43] not supposed to they are good but judge mershon in denying [00:47] that mistrial request said the defense did not try hard enough [00:51] to a Jack and prevent that testimony. [00:53] He said it was incumbent on them to speak out and stand up and [00:59] try to block her from sharing those details that they say I were [01:04] prejudicial to their client wants the mistrial matter was resolved [01:07] Trump lawyer Susan necklace started her cross-examination [01:10] questioning a Stormy Daniels on Daniels. [01:15] What she said was a scripting Narrative of the sexual encounter [01:18] the alleged sexual encounter necklace pointed to an account [01:22] that Jane has reported in her book in 2018 compared to some of [01:26] the testimony she gave in court on Tuesday. [01:30] Necklace also pointed to potential motivations for Daniel [01:35] cooperating in this investigation in this trial. [01:38] She play it to Daniels Towing several hundred thousand dollars [01:45] in legal fees to Donald Trump as a result of various litigation that [01:50] emanated in the aftermath of the pasta Monday deal at the [01:55] heart of this trial Susan necklace asked Stormy Daniels. [01:59] If she wants to see Trump in jail and Stormy Daniels said, [02:03] yes, she did if he's found guilty. [02:06] In this case. [02:07] He should be punished necklace also ask Daniel's if she was trying [02:12] to extort Trump when she was shopping restore your having [02:16] a friend shop her story in the Press. [02:20] In the months leading up to the 2016 election Stormy Daniels [02:24] was forceful in a response. [02:26] She says that is false. [02:28] She said she did not try to extort doll shop. [02:31] In fact, she said she was not looking for money. [02:35] She wanted to tell her story. [02:37] She did not want to be kept silent. [02:39] But when time is running out for the election and Trump lawyer [02:43] Michael Cohen made a deal to pay her $130,000. [02:47] That's when she felt she needed to get paid before the election [02:51] because she thought Owen was trying to leverage the election [02:54] against her in her mind. [02:57] She felt a cold was trying to wait out the clock that the election [03:01] was held and it regardless of whether Trump won or lost. [03:05] He wouldn't have to pay her the money if Trump won. [03:08] It wouldn't have mattered if the story came out and if Trump [03:12] lost it wouldn't matter also because he would no longer be in [03:15] a presidential campaign that could be damaged by those Revelations. ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/6976067/trump-stormy-daniels-gag-order-jail/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/6976067/trump-stormy-daniels-gag-order-jail/"},"headline":"With Jail Threat Looming, Trump Team Holds Breath After Stormy Daniels' Testimony","datePublished":"2024-05-09T11:00:00.000Z","dateModified":"2026-10-19T07:42:22.153Z","description":"Trump has violated his gag order before, but the stakes are higher now.","url":"https://time.com/6976067/trump-stormy-daniels-gag-order-jail/","keywords":["Donald Trump"],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/blt739976844713fbc6/698a5693e6e84a0f302b2ed0/GettyImages-2151222514.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"Eric Cortellessa","jobTitle":"Senior Correspondent","url":"https://time.com/author/eric-cortellessa/"}],"articleSection":"Politics","image":[{"@type":"ImageObject","url":"https://static.time.com/v3/assets/bltea6093859af6183b/blt739976844713fbc6/698a5693e6e84a0f302b2ed0/GettyImages-2151222514.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","width":1200,"height":675,"headline":"Former President Donald Trump's Hush Money Trial Continues In New York","caption":"Former President Donald Trump's Hush Money Trial Continues In New York","creditText":"Julia Nikhinson—Pool via Getty Images","representativeOfPage":true}],"publisher":{"@type":"Organization","name":"Time","url":"https://time.com/","logo":{"@type":"ImageObject","url":"https://time.com/images/logo.png","width":528,"height":156},"foundingDate":"March 3, 1923","sameAs":["https://www.facebook.com/time","https://www.instagram.com/time/?hl=en","https://twitter.com/time","https://www.pinterest.com/timemagazine"]}},{"@context":"https://schema.org","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"item":{"@id":"https://time.com/section/politics/","name":"Politics"}},{"@type":"ListItem","position":2,"item":{"@id":"https://time.com/tag/donald-trump/","name":"Donald Trump"}},{"@type":"ListItem","position":3,"item":{"@id":"https://time.com/6976067/trump-stormy-daniels-gag-order-jail/","name":"With Jail Threat Looming, Trump Team Holds Breath After Stormy Daniels' Testimony"}}]},{"@context":"https://schema.org","@type":"VideoObject","name":"Testifying in Hush Money Trial, Stormy Daniels Describes First Meeting Trump","description":"With Donald Trump sitting just feet away, Stormy Daniels testified Tuesday at the former president's hush money trial about a sexual encounter the porn actor says they had in 2006 that resulted in her being paid to keep silent during the presidential race 10 years later.","thumbnailUrl":"https://cdn.jwplayer.com/v2/media/R6pvIA29/poster.jpg?width=720","uploadDate":"2024-05-08T16:35:51.000Z","contentUrl":"https://cdn.jwplayer.com/manifests/R6pvIA29.m3u8","embedUrl":"https://time.com/6976067/trump-stormy-daniels-gag-order-jail/","duration":"PT3M20S","potentialAction":{"@type":"SeekToAction","target":"https://time.com/6976067/trump-stormy-daniels-gag-order-jail/?jw_start={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"}}] ```