what goes into a business plan quizlet

5.4 Ready, Set, Start Your Own Business

• What are the first steps to take if you are starting your own business?

You have decided that you’d like to go into business for yourself. What is the best way to go about it? Start from scratch? Buy an existing business? Or buy a franchise? About 75 percent of business start-ups involve brand-new organizations, with the remaining 25 percent representing purchased companies or franchises. Franchising may have been discussed elsewhere in your course, so we’ll cover the other two options in this section.

Getting Started

The first step in starting your own business is a self-assessment to determine whether you have the personal traits you need to succeed and, if so, what type of business would be best for you. Table 5.6 provides a checklist to consider before starting your business.

Finding the Idea

Entrepreneurs get ideas for their businesses from many sources. It is not surprising that about 80 percent of Inc. 500 executives got the idea for their company while working in the same or a related industry. Starting a firm in a field where you have experience improves your chances of success. Other sources of inspiration are personal experiences as a consumer; hobbies and personal interests; suggestions from customers, family, and friends; industry conferences; and college courses or other education.

An excellent way to keep up with small-business trends is by reading entrepreneurship and small-business magazines and visiting their websites. With articles on everything from idea generation to selling a business, they provide an invaluable resource and profile some of the young entrepreneurs and their successful business ventures ( Table 5.7 ). 14

These dynamic individuals, who are already so successful in their 20s and 30s, came up with unique ideas and concepts and found the right niche for their businesses.

Interesting ideas are all around you. Many successful businesses get started because someone identifies a need and then finds a way to fill it. Do you have a problem that you need to solve? Or a product that doesn’t work as well as you’d like? Raising questions about the way things are done and seeing opportunity in adversity are great ways to generate ideas.

Choosing a Form of Business Organization

A key decision for a person starting a new business is whether it will be a sole proprietorship, partnership, corporation, or limited liability company. As discussed earlier, each type of business organization has advantages and disadvantages. The choice depends on the type of business, number of employees, capital requirements, tax considerations, and level of risk involved.

Developing the Business Plan

Once you have the basic concept for a product or service, you must develop a plan to create the business. This planning process, culminating in a sound business plan , is one of the most important steps in starting a business. It can help to attract appropriate loan financing, minimize the risks involved, and be a critical determinant in whether a firm succeeds or fails. Many people do not venture out on their own because they are overwhelmed with doubts and concerns. A comprehensive business plan lets you run various “what if” analyses and evaluate your business without any financial outlay or risk. You can also develop strategies to overcome problems well before starting the business.

Taking the time to develop a good business plan pays off. A venture that seems sound at the idea stage may not look so good on paper. A well-prepared, comprehensive, written business plan forces entrepreneurs to take an objective and critical look at their business venture and analyze their concept carefully; make decisions about marketing, sales, operations, production, staffing, budgeting and financing; and set goals that will help them manage and monitor its growth and performance.

The business plan also serves as the initial operating plan for the business. Writing a good business plan takes time. But many businesspeople neglect this critical planning tool in their eagerness to begin doing business, getting caught up in the day-to-day operations instead.

The key features of a business plan are a general description of the company, the qualifications of the owner(s), a description of the products or services, an analysis of the market (demand, customers, competition), sales and distribution channels, and a financial plan. The sections should work together to demonstrate why the business will be successful, while focusing on the uniqueness of the business and why it will attract customers. Table 5.8 describes the essential elements of a business plan.

A common use of a business plan is to persuade lenders and investors to finance the venture. The detailed information in the plan helps them assess whether to invest. Even though a business plan may take months to write, it must capture potential investors’ interest within minutes. For that reason, the basic business plan should be written with a particular reader in mind. Then you can fine-tune and tailor it to fit the investment goals of the investor(s) you plan to approach.

But don’t think you can set aside your business plan once you obtain financing and begin operating your company. Entrepreneurs who think their business plan is only for raising money make a big mistake. Business plans should be dynamic documents, reviewed and updated on a regular basis—monthly, quarterly, or annually, depending on how the business progresses and the particular industry changes.

Owners should adjust their sales and profit projections up or down as they analyze their markets and operating results. Reviewing your plan on a constant basis will help you identify strengths and weaknesses in your marketing and management strategies and help you evaluate possible opportunities for expansion in light of both your original mission and goals, current market trends, and business results. The Small Business Administration (SBA) offers sample business plans and online guidance for business plan preparation under the “Business Guide” tab at https://www.sba.gov.

Financing the Business

Once the business plan is complete, the next step is to obtain financing to set up your company. The funding required depends on the type of business and the entrepreneur’s own investment. Businesses started by lifestyle entrepreneurs require less financing than growth-oriented businesses, and manufacturing and high-tech companies generally require a large initial investment.

Who provides start-up funding for small companies? Like Miho Inagi and her Tokyo bagel shop, 94 percent of business owners raise start-up funds from personal accounts, family, and friends. Personal assets and money from family and friends are important for new firms, whereas funding from financial institutions may become more important as companies grow. Three-quarters of Inc . 500 companies have been funded on $100,000 or less. 15

The two forms of business financing are debt , borrowed funds that must be repaid with interest over a stated time period, and equity , funds raised through the sale of stock (i.e., ownership) in the business. Those who provide equity funds get a share of the business’s profits. Because lenders usually limit debt financing to no more than a quarter to a third of the firm’s total needs, equity financing often amounts to about 65 to 75 percent of total start-up financing.

One way to finance a start-up company is bootstrapping, which is basically funding the operation with your own resources. If the resources needed are not available to an individual, there are other options. Two sources of equity financing for young companies are angel investors and venture-capital firms. Angel investors are individual investors or groups of experienced investors who provide financing for start-up businesses by investing their own money, often referred to as “seed capital.” This gives the investors more flexibility on what they can and will invest in, but because it is their own money, angels are careful. Angel investors often invest early in a company’s development, and they want to see an idea they understand and can have confidence in. Table 5.9 offers some guidelines on how to attract angel financing.

Venture capital is financing obtained from venture capitalists, investment firms that specialize in financing small, high-growth companies. Venture capitalists receive an ownership interest and a voice in management in return for their money. They typically invest at a later stage than angel investors. We’ll discuss venture capital in greater detail when discussing financing the enterprise.

Buying a Small Business

Another route to small-business ownership is buying an existing business. Although this approach is less risky, many of the same steps for starting a business from scratch apply to buying an existing company. It still requires careful and thorough analysis. The potential buyer must answer several important questions: Why is the owner selling? Do they want to retire or move on to a new challenge, or are there problems with the business? Is the business operating at a profit? If not, can this be corrected? On what basis has the owner valued the company, and is it a fair price? What are the owner’s plans after selling the company? Will they be available to provide assistance through the change of ownership of the business? And depending on the type of business it is, will customers be more loyal to the owner than to the product or service being offered? Customers could leave the firm if the current owner decides to open a similar business. To protect against this, many purchasers include a noncompete clause in the contract of sale, which generally means that the owner of the company being sold may not be allowed to compete in the same industry of the acquired business for a specific amount of time.

You should prepare a business plan that thoroughly analyzes all aspects of the business. Get answers to all your questions, and determine, via the business plan, whether the business is a sound one. Then you must negotiate the price and other terms of purchase and obtain appropriate financing. This can be a complicated process and may require the use of a consultant or business broker.

Risky Business

Running your own business may not be as easy as it sounds. Despite the many advantages of being your own boss, the risks are great as well. Over a period of five years, nearly 50% percent of small businesses fail according to the Kauffman Foundation. 16

Businesses close down for many reasons—and not all are failures. Some businesses that close are financially successful and close for nonfinancial reasons. But the causes of business failure can be interrelated. For example, low sales and high expenses are often directly related to poor management. Some common causes of business closure are:

• Economic factors—business downturns and high interest rates
• Financial causes—inadequate capital, low cash balances, and high expenses
• Lack of experience—inadequate business knowledge, management experience, and technical expertise
• Personal reasons—the owners may decide to sell the business or move on to other opportunities

Inadequate early planning is often at the core of later business problems. As described earlier, a thorough feasibility analysis, from market assessment to financing, is critical to business success. Yet even with the best plans, business conditions change and unexpected challenges arise. An entrepreneur may start a company based on a terrific new product only to find that a larger firm with more marketing, financing, and distribution clout introduces a similar item.

The stress of managing a business can also take its toll. The business can consume your whole life. Owners may find themselves in over their heads and unable to cope with the pressures of business operations, from the long hours to being the main decision maker. Even successful businesses have to deal with ongoing challenges. Growing too quickly can cause as many problems as sluggish sales. Growth can strain a company’s finances when additional capital is required to fund expanding operations, from hiring additional staff to purchasing more raw material or equipment. Successful business owners must respond quickly and develop plans to manage its growth.

So, how do you know when it is time to quit? “Never give up” may be a good motivational catchphrase, but it is not always good advice for a small-business owner. Yet, some small-business owners keep going no matter what the cost. For example, Ian White’s company was trying to market a new kind of city map. White maxed out 11 credit cards and ran up more than $100,000 in debt after starting his company. He ultimately declared personal bankruptcy and was forced to find a job so that he could pay his bills. Maria Martz didn’t realize her small business would become a casualty until she saw her tax return showing her company’s losses in black and white—for the second year in a row. It convinced her that enough was enough and she gave up her gift-basket business to become a full-time homemaker. But once the decision is made, it may be tough to stick to. “I got calls from people asking how come I wasn’t in business anymore. It was tempting to say I’d make their basket but I had to tell myself it is finished now.” 17

Concept Check

• How can potential business owners find new business ideas?
• Why is it important to develop a business plan? What should such a plan include?
• What financing options do small-business owners have? What risks do they face?

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• Authors: Lawrence J. Gitman, Carl McDaniel, Amit Shah, Monique Reece, Linda Koffel, Bethann Talsma, James C. Hyatt
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What Is a Business Plan?

Understanding business plans, how to write a business plan, common elements of a business plan, how often should a business plan be updated, the bottom line, business plan: what it is, what's included, and how to write one.

Adam Hayes, Ph.D., CFA, is a financial writer with 15+ years Wall Street experience as a derivatives trader. Besides his extensive derivative trading expertise, Adam is an expert in economics and behavioral finance. Adam received his master's in economics from The New School for Social Research and his Ph.D. from the University of Wisconsin-Madison in sociology. He is a CFA charterholder as well as holding FINRA Series 7, 55 & 63 licenses. He currently researches and teaches economic sociology and the social studies of finance at the Hebrew University in Jerusalem.

A business plan is a document that details a company's goals and how it intends to achieve them. Business plans can be of benefit to both startups and well-established companies. For startups, a business plan can be essential for winning over potential lenders and investors. Established businesses can find one useful for staying on track and not losing sight of their goals. This article explains what an effective business plan needs to include and how to write one.

Key Takeaways

• A business plan is a document describing a company's business activities and how it plans to achieve its goals.
• Startup companies use business plans to get off the ground and attract outside investors.
• For established companies, a business plan can help keep the executive team focused on and working toward the company's short- and long-term objectives.
• There is no single format that a business plan must follow, but there are certain key elements that most companies will want to include.

Investopedia / Ryan Oakley

Any new business should have a business plan in place prior to beginning operations. In fact, banks and venture capital firms often want to see a business plan before they'll consider making a loan or providing capital to new businesses.

Even if a business isn't looking to raise additional money, a business plan can help it focus on its goals. A 2017 Harvard Business Review article reported that, "Entrepreneurs who write formal plans are 16% more likely to achieve viability than the otherwise identical nonplanning entrepreneurs."

Ideally, a business plan should be reviewed and updated periodically to reflect any goals that have been achieved or that may have changed. An established business that has decided to move in a new direction might create an entirely new business plan for itself.

There are numerous benefits to creating (and sticking to) a well-conceived business plan. These include being able to think through ideas before investing too much money in them and highlighting any potential obstacles to success. A company might also share its business plan with trusted outsiders to get their objective feedback. In addition, a business plan can help keep a company's executive team on the same page about strategic action items and priorities.

Business plans, even among competitors in the same industry, are rarely identical. However, they often have some of the same basic elements, as we describe below.

While it's a good idea to provide as much detail as necessary, it's also important that a business plan be concise enough to hold a reader's attention to the end.

While there are any number of templates that you can use to write a business plan, it's best to try to avoid producing a generic-looking one. Let your plan reflect the unique personality of your business.

Many business plans use some combination of the sections below, with varying levels of detail, depending on the company.

The length of a business plan can vary greatly from business to business. Regardless, it's best to fit the basic information into a 15- to 25-page document. Other crucial elements that take up a lot of space—such as applications for patents—can be referenced in the main document and attached as appendices.

These are some of the most common elements in many business plans:

• Executive summary: This section introduces the company and includes its mission statement along with relevant information about the company's leadership, employees, operations, and locations.
• Products and services: Here, the company should describe the products and services it offers or plans to introduce. That might include details on pricing, product lifespan, and unique benefits to the consumer. Other factors that could go into this section include production and manufacturing processes, any relevant patents the company may have, as well as proprietary technology . Information about research and development (R&D) can also be included here.
• Market analysis: A company needs to have a good handle on the current state of its industry and the existing competition. This section should explain where the company fits in, what types of customers it plans to target, and how easy or difficult it may be to take market share from incumbents.
• Marketing strategy: This section can describe how the company plans to attract and keep customers, including any anticipated advertising and marketing campaigns. It should also describe the distribution channel or channels it will use to get its products or services to consumers.
• Financial plans and projections: Established businesses can include financial statements, balance sheets, and other relevant financial information. New businesses can provide financial targets and estimates for the first few years. Your plan might also include any funding requests you're making.

The best business plans aren't generic ones created from easily accessed templates. A company should aim to entice readers with a plan that demonstrates its uniqueness and potential for success.

2 Types of Business Plans

Business plans can take many forms, but they are sometimes divided into two basic categories: traditional and lean startup. According to the U.S. Small Business Administration (SBA) , the traditional business plan is the more common of the two.

• Traditional business plans : These plans tend to be much longer than lean startup plans and contain considerably more detail. As a result they require more work on the part of the business, but they can also be more persuasive (and reassuring) to potential investors.
• Lean startup business plans : These use an abbreviated structure that highlights key elements. These business plans are short—as short as one page—and provide only the most basic detail. If a company wants to use this kind of plan, it should be prepared to provide more detail if an investor or a lender requests it.

Why Do Business Plans Fail?

A business plan is not a surefire recipe for success. The plan may have been unrealistic in its assumptions and projections to begin with. Markets and the overall economy might change in ways that couldn't have been foreseen. A competitor might introduce a revolutionary new product or service. All of this calls for building some flexibility into your plan, so you can pivot to a new course if needed.

How frequently a business plan needs to be revised will depend on the nature of the business. A well-established business might want to review its plan once a year and make changes if necessary. A new or fast-growing business in a fiercely competitive market might want to revise it more often, such as quarterly.

What Does a Lean Startup Business Plan Include?

The lean startup business plan is an option when a company prefers to give a quick explanation of its business. For example, a brand-new company may feel that it doesn't have a lot of information to provide yet.

Sections can include: a value proposition ; the company's major activities and advantages; resources such as staff, intellectual property, and capital; a list of partnerships; customer segments; and revenue sources.

A business plan can be useful to companies of all kinds. But as a company grows and the world around it changes, so too should its business plan. So don't think of your business plan as carved in granite but as a living document designed to evolve with your business.

Harvard Business Review. " Research: Writing a Business Plan Makes Your Startup More Likely to Succeed ."

U.S. Small Business Administration. " Write Your Business Plan ."

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A federal judge temporarily halts U.S. plan to lower credit card late fees to $8

The Associated Press

LOS ANGELES — A federal judge in Texas temporarily halted a plan by the Biden administration to lower late fees on credit cards to $8 that was slated to go into effect next week.

The temporary nationwide injunction imposed by Judge Mark Pittman in the Northern District of Texas is a win for the big banks and major credit card companies, which collect billions in revenue each year in late fees and were looking to stop the proposal from going into effect. It is also a win for the U.S. Chamber of Commerce, which led the lawsuit on behalf of the banks.

The U.S. sharply limits how much credit cards can charge you in late fees

The new regulations that were proposed by Consumer Financial Protection Bureau would have set a ceiling of $8 for most credit card late fees or require banks to show why they should charge more than $8 for such a fee.

The rule would bring the average credit card late fee down from $32. The bureau estimates banks bring in roughly $14 billion in credit card late fees a year.

White House spokesperson Jeremy Edwards said in a statement Friday night, "We are disappointed that a court sided with House Republicans, big banks and special interests to hit pause on a critical measure to save American families billions in junk fees."

Banks had sued to stop the lawsuit earlier this year, but they had run into a roadblock when Pittman ordered the case moved to Washington, D.C., because of the fact that few banks operate in northern Texas. However, an appeals court reversed most of Pittman's decision and ordered him to rule on the bank's request for an injunction.

California says restaurants must bake all of their add-on fees into menu prices

While Pittman did impose the injunction, he used a significant portion of his order to chastise the Fifth Circuit Court of Appeals for sending this case back to him after he had already ruled that the case should be handled out of Washington. Critics of the lawsuit have called the case the latest example of judicial "forum shopping," where a company files a lawsuit in a friendly district in order to have a greater likelihood of getting a favorable ruling.

As part of his reelection campaign, President Joe Biden has tried to highlight his administration's push to clamp down on what he calls "junk fees," which are bank-related fees like late fees, ATM fees and overdraft fees.

"Every month that the credit card late fee rule is blocked will cost Americans over $800 million," the White House said Friday.

Regulators target fees for consumers who are denied a purchase for insufficient funds

Banks have seen the campaign as a political battle against their business model, while consumer advocates have seen these bank fees as excessive based on the amount of risk that banks and credit card companies are taking on.

"In their latest in a stack of lawsuits designed to pad record corporate profits at the expense of everyone else, the U.S. Chamber got its way for now — ensuring families get price-gouged a little longer with credit card late fees as high as $41," said Liz Zelnick with Accountable.US.

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Federal judge temporarily halts Biden plan to lower credit card late fees to $8

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LOS ANGELES (AP) — A federal judge in Texas temporarily halted a plan by the Biden administration to lower late fees on credit cards to $8 that was slated to go into effect next week.

The temporary nationwide injunction imposed by Judge Mark Pittman in the Northern District of Texas is a win for the big banks and major credit card companies, which collect billions in revenue each year in late fees and were looking to stop the proposal from going into effect. It is also a win for the U.S. Chamber of Commerce, which led the lawsuit on behalf of the banks.

The new regulations that were proposed by Consumer Financial Protection Bureau would have set a ceiling of $8 for most credit card late fees or require banks to show why they should charge more than $8 for such a fee.

The rule would bring the average credit card late fee down from $32. The bureau estimates banks bring in roughly $14 billion in credit card late fees a year.

White House spokesperson Jeremy Edwards said in a statement Friday night, “We are disappointed that a court sided with House Republicans, big banks and special interests to hit pause on a critical measure to save American families billions in junk fees.”

Banks had sued to stop the lawsuit earlier this year, but they had run into a roadblock when Pittman ordered the case moved to Washington, D.C., because of the fact that few banks operate in northern Texas. However, an appeals court reversed most of Pittman’s decision and ordered him to rule on the bank’s request for an injunction.

While Pittman did impose the injunction, he used a significant portion of his order to chastise the Fifth Circuit Court of Appeals for sending this case back to him after he had already ruled that the case should be handled out of Washington. Critics of the lawsuit have called the case the latest example of judicial “forum shopping,” where a company files a lawsuit in a friendly district in order to have a greater likelihood of getting a favorable ruling.

As part of his reelection campaign, President Joe Biden has tried to highlight his administration’s push to clamp down on what he calls “junk fees,” which are bank-related fees like late fees, ATM fees and overdraft fees.

“Every month that the credit card late fee rule is blocked will cost Americans over $800 million,” the White House said Friday.

Banks have seen the campaign as a political battle against their business model, while consumer advocates have seen these bank fees as excessive based on the amount of risk that banks and credit card companies are taking on.

“In their latest in a stack of lawsuits designed to pad record corporate profits at the expense of everyone else, the U.S. Chamber got its way for now -- ensuring families get price-gouged a little longer with credit card late fees as high as $41,” said Liz Zelnick with Accountable.US.

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For more audio journalism and storytelling, download New York Times Audio , a new iOS app available for news subscribers.

Stormy Daniels Takes the Stand

The porn star testified for eight hours at donald trump’s hush-money trial. this is how it went..

This transcript was created using speech recognition software. While it has been reviewed by human transcribers, it may contain errors. Please review the episode audio before quoting from this transcript and email [email protected] with any questions.

It’s 6:41 AM. I’m feeling a little stressed because I’m running late. It’s the fourth week of Donald J. Trump’s criminal trial. It’s a white collar trial. Most of the witnesses we’ve heard from have been, I think, typical white collar witnesses in terms of their professions.

We’ve got a former publisher, a lawyer, accountants. The witness today, a little less typical, Stormy Daniels, porn star in a New York criminal courtroom in front of a jury more accustomed to the types of witnesses they’ve already seen. There’s a lot that could go wrong.

From “The New York Times,” I’m Michael Barbaro. This is “The Daily.”

Today, what happened when Stormy Daniels took the stand for eight hours in the first criminal trial of Donald J. Trump. As before, my colleague Jonah Bromwich was inside the courtroom.

[MUSIC PLAYING]

It’s Friday, May 10th.

So it’s now day 14 of this trial. And I think it’s worth having you briefly, and in broad strokes, catch listeners up on the biggest developments that have occurred since you were last on, which was the day that opening arguments were made by both the defense and the prosecution. So just give us that brief recap.

Sure. It’s all been the prosecution’s case so far. And prosecutors have a saying, which is that the evidence is coming in great. And I think for this prosecution, which is trying to show that Trump falsified business records to cover up a sex scandal, to ease his way into the White House in 2016, the evidence has been coming in pretty well. It’s come in well through David Pecker, former publisher of The National Enquirer, who testified that he entered into a secret plot with Trump and Michael Cohen, his fixer at the time, to suppress negative stories about Trump, the candidate.

It came in pretty well through Keith Davidson, who was a lawyer to Stormy Daniels in 2016 and negotiated the hush money payment. And we’ve seen all these little bits and pieces of evidence that tell the story that prosecutors want to tell. And the case makes sense so far. We can’t tell what the jury is thinking, as we always say.

But we can tell that there’s a narrative that’s coherent and that matches up with the prosecution’s opening statement. Then we come to Tuesday. And that day really marks the first time that the prosecution’s strategy seems a little bit risky because that’s the day that Stormy Daniels gets called to the witness stand.

OK, well, just explain why the prosecution putting Stormy Daniels on the stand would be so risky. And I guess it makes sense to answer that in the context of why the prosecution is calling her as a witness at all.

Well, you can see why it makes sense to have her. The hush money payment was to her. The cover-up of the hush money payment, in some ways, concerns her. And so she’s this character who’s very much at the center of this story. But according to prosecutors, she’s not at the center of the crime. The prosecution is telling a story, and they hope a compelling one. And arguably, that story starts with Stormy Daniels. It starts in 2006, when Stormy Daniels says that she and Trump had sex, which is something that Trump has always denied.

So if prosecutors were to not call Stormy Daniels to the stand, you would have this big hole in the case. It would be like, effect, effect, effect. But where is the cause? Where is the person who set off this chain reaction? But Stormy Daniels is a porn star. She’s there to testify about sex. Sex and pornography are things that the jurors were not asked about during jury selection. And those are subjects that bring up all kinds of different complex reactions in people.

And so, when the prosecutors bring Stormy Daniels to the courtroom, it’s very difficult to know how the jurors will take it, particularly given that she’s about to describe a sexual episode that she says she had with the former president. Will the jurors think that makes sense, as they sit here and try to decide a falsifying business records case, or will they ask themselves, why are we hearing this?

So the reason why this is the first time that the prosecution’s strategy is, for journalists like you, a little bit confusing, is because it’s the first time that the prosecution seems to be taking a genuine risk in what they’re putting before these jurors. Everything else has been kind of cut and dry and a little bit more mechanical. This is just a wild card.

This is like live ammunition, to some extent. Everything else is settled and controlled. And they know what’s going to happen. With Stormy Daniels, that’s not the case.

OK, so walk us through the testimony. When the prosecution brings her to the stand, what actually happens?

It starts, as every witness does, with what’s called direct examination, which is a fancy word for saying prosecutors question Stormy Daniels. And they have her tell her story. First, they have her tell the jury about her education and where she grew up and her professional experience. And because of Stormy Daniels’s biography, that quickly goes into stripping, and then goes into making adult films.

And I thought the prosecutor who questioned her, Susan Hoffinger, had this nice touch in talking about that, because not only did she ask Daniels about acting in adult films. But she asked her about writing and directing them, too, emphasizing the more professional aspects of that work and giving a little more credit to the witness, as if to say, well, you may think this or you may think that. But this is a person with dignity who took what she did seriously. Got it.

What’s your first impression of Daniels as a witness?

It’s very clear that she’s nervous. She’s speaking fast. She’s laughing to herself and making small jokes. But the tension in the room is so serious from the beginning, from the moment she enters, that those jokes aren’t landing. So it just feels, like, really heavy and still and almost oppressive in there. So Daniels talking quickly, seeming nervous, giving more answers than are being asked of her by the prosecution, even before we get to the sexual encounter that she’s about to describe, all of that presents a really discomfiting impression, I would say.

And how does this move towards the encounter that Daniels ultimately has?

It starts at a golf tournament in 2006, in Lake Tahoe, Nevada. Daniels meets Trump there. There are other celebrities there, too. They chatted very briefly. And then she received a dinner invitation from him. She thought it over, she says. And she goes to have dinner with Trump, not at a restaurant, by the way. But she’s invited to join him in the hotel suite.

So she gets to the hotel suite. And his bodyguard is there. And the hotel door is cracked open. And the bodyguard greets her and says she looks nice, this and that. And she goes in. And there’s Donald Trump, just as expected. But what’s not expected, she says, is that he’s not wearing what you would wear to a dinner with a stranger, but instead, she says, silk or satin pajamas. She asked him to change, she says. And he obliges.

He goes, and he puts on a dress shirt and dress pants. And they sit down at the hotel suite’s dining room table. And they have a kind of bizarre dinner. Trump is asking her very personal questions about pornography and safe sex. And she testifies that she teased him about vain and pompous he is. And then at some point, she goes to the bathroom. And she sees that he has got his toiletries in there, his Old Spice, his gold tweezers.

Very specific details.

Yeah, we’re getting a ton of detail in this scene. And the reason we’re getting those is because prosecutors are trying to elicit those details to establish that this is a credible person, that this thing did happen, despite what Donald Trump and his lawyers say. And the reason you can know it happened, prosecutors seem to be saying, is because, look at all these details she can still summon up.

She comes out of the bathroom. And she says that Donald Trump is on the hotel bed. And what stands out to me there is what she describes as a very intense physical reaction. She says that she blacked out. And she quickly clarifies, she doesn’t mean from drugs or alcohol. She means that, she says, that the intensity of this experience was such that, suddenly, she can’t remember every detail. The prosecution asks a question that cuts directly to the sex. Essentially, did you start having sex with him? And Daniels says that she did. And she continues to provide more details than even, I think, the prosecution wanted.

And I think we don’t want to go chapter and verse through this claimed sexual encounter. But I wonder what details stand out and which details feel important, given the prosecution’s strategy here.

All the details stand out because it’s a story about having had sex with a former president. And the more salacious and more private the details feel, the more you’re going to remember them. So we’ll remember that Stormy Daniels said what position they had sex in. We’ll remember that she said he didn’t use a condom. Whether that’s important to the prosecution’s case, now, that’s a much harder question to answer, as we’ve been saying.

But what I can tell you is, as she’s describing having had sex with Donald Trump, and Donald Trump is sitting right there, and Eric Trump, his son, is sitting behind him, seeming to turn a different color as he hears this embarrassment of his father being described to a courtroom full of reporters at this trial, it’s hard to even describe the energy in that room. It was like nothing I had ever experienced. And it was just Daniels’s testimony and, seemingly, the former President’s emotions. And you almost felt like you were trapped in there with both of them as this description was happening.

Well, I think it’s important to try to understand why the prosecution is getting these details, these salacious, carnal, pick your word, graphic details about sex with Donald Trump. What is the value, if other details are clearly making the point that she’s recollecting something?

Well, I think, at this point, we can only speculate. But one thing we can say is, this was uncomfortable. This felt bad. And remember, prosecutor’s story is not about the sex. It’s about trying to hide the sex. So if you’re trying to show a jury why it might be worthwhile to hide a story, it might be worth —

Providing lots of salacious details that a person would want to hide.

— exposing them to how bad that story feels and reminding them that if they had been voters and they had heard that story, and, in fact, they asked Daniels this very question, if you hadn’t accepted hush money, if you hadn’t signed that NDA, is this the story you would have told? And she said, yes. And so where I think they’re going with this, but we can’t really be sure yet, is that they’re going to tell the jurors, hey, that story, you can see why he wanted to cover that up, can’t you?

You mentioned the hush money payments. What testimony does Daniels offer about that? And how does it advance the prosecution’s case of business fraud related to the hush money payments?

So little evidence that it’s almost laughable. She says that she received the hush money. But we actually already heard another witness, her lawyer at the time, Keith Davidson, testify that he had received the hush money payment on her behalf. And she testified about feeling as if she had to sell this story because the election was fast approaching, almost as if her leverage was slipping away because she knew this would be bad for Trump.

That feels important. But just help me understand why it’s important.

Well, what the prosecution has been arguing is that Trump covered up this hush money payment in order to conceal a different crime. And that crime, they say, was to promote his election to the presidency by illegal means.

Right, we’ve talked about this in the past.

So when Daniels ties her side of the payment into the election, it just reminds the jurors maybe, oh, right, this is what they’re arguing.

So how does the prosecution end this very dramatic, and from everything you’re saying, very tense questioning of Stormy Daniels about this encounter?

Well, before they can even end, the defense lawyers go and they consult among themselves. And then, with the jury out of the room, one of them stands up. And he says that the defense is moving for a mistrial.

On what terms?

He says that the testimony offered by Daniels that morning is so prejudicial, so damning to Trump in the eyes of the jury, that the trial can no longer be fair. Like, how could these jurors have heard these details and still be fair when they render their verdict? And he says a memorable expression. He says, you can’t un-ring that bell, meaning they heard it. They can’t un-hear it. It’s over. Throw out this trial. It should be done.

Wow. And what is the response from the judge?

So the judge, Juan Merchan, he hears them out. And he really hears them out. But at the end of their arguments, he says, I do think she went a little too far. He says that. He said, there were things that were better left unsaid.

By Stormy Daniels?

By Stormy Daniels. And he acknowledges that she is a difficult witness. But, he says, the remedy for that is not a mistrial, is not stopping the whole thing right now. The remedy for that is cross-examination. If the defense feels that there are issues with her story, issues with her credibility, they can ask her whatever they want. They can try to win the jury back over. If they think this jury has been poisoned by this witness, well, this is their time to provide the antidote. The antidote is cross-examination. And soon enough, cross-examination starts. And it is exactly as intense and combative as we expected.

We’ll be right back.

So, Jonah, how would you characterize the defense’s overall strategy in this intense cross-examination of Stormy Daniels?

People know the word impeach from presidential impeachments. But it has a meaning in law, too. You impeach a witness, and, specifically, their credibility. And that’s what the defense is going for here. They are going to try to make Stormy Daniels look like a liar, a fraud, an extortionist, a money-grubbing opportunist who wanted to take advantage of Trump and sought to do so by any means necessary.

And what did that impeachment strategy look like in the courtroom?

The defense lawyer who questions Stormy Daniels is a woman named Susan Necheles. She’s defended Trump before. And she’s a bit of a cross-examination specialist. We even saw her during jury selection bring up these past details to confront jurors who had said nasty things about Trump on social media with. And she wants to do the same thing with Daniels. She wants to bring up old interviews and old tweets and things that Daniels has said in the past that don’t match what Daniels is saying from the stand.

What’s a specific example? And do they land?

Some of them land. And some of them don’t. One specific example is that Necheles confronts Daniels with this old tweet, where Daniels says that she’s going to dance down the street if Trump goes to jail. And what she’s trying to show there is that Daniels is out for revenge, that she hates Trump, and that she wants to see him go to jail. And that’s why she’s testifying against him.

And Daniels is very interesting during the cross-examination. It’s almost as if she’s a different person. She kind of squares her shoulders. And she sits up a little straighter. And she leans forward. Daniels is ready to fight. But it doesn’t quite land. The tweet actually says, I’ll dance down the street when he’s selected to go to jail.

And Daniels goes off on this digression about how she knows that people don’t get selected to go to jail. That’s not how it works. But she can’t really unseat this argument, that she’s a political enemy of Donald Trump. So that one kind of sticks, I would say. But there are other moves that Necheles tries to pull that don’t stick.

So unlike the prosecution, which typically used words like adult, adult film, Necheles seems to be taking every chance she can get to say porn, or pornography, or porn star, to make it sound base or dirty. And so when she starts to ask Daniels about actually being in pornography, writing, acting, and directing sex films, she tries to land a punch line, Necheles does. She says, so you have a lot of experience making phony stories about sex appear to be real, right?

As if to say, perhaps this story you have told about entering Trump’s suite in Lake Tahoe and having sex with him was made up.

Just another one of your fictional stories about sex. But Daniels comes back and says, the sex in the films, it’s very much real, just like what happened to me in that room. And so, when you have this kind of combat of a lawyer cross-examining very aggressively and the witness fighting back, you can feel the energy in the room shift as one lands a blow or the other does. But here, Daniels lands one back. And the other issue that I think Susan Necheles runs into is, she tries to draw out disparities from interviews that Daniels gave, particularly to N-TOUCH, very early on once the story was out.

It’s kind of like a tabloid magazine?

But some of the disparities don’t seem to be landing quite like Necheles would want. So she tries to do this complicated thing about where the bodyguard was in the room when Daniels walked into the room, as described in an interview in a magazine. But in that magazine interview, as it turns out, Daniels mentioned that Trump was wearing pajamas. And so, if I’m a juror, I don’t care where the bodyguard is. I’m thinking about, oh, yeah, I remember that Stormy Daniels said now in 2024 that Trump was wearing pajamas.

I’m curious if, as somebody in the room, you felt that the defense was effective in undermining Stormy Daniels’s credibility? Because what I took from the earlier part of our conversation was that Stormy Daniels is in this courtroom on behalf of the prosecution to tell a story that’s uncomfortable and has the kind of details that Donald Trump would be motivated to try to hide. And therefore, this defense strategy is to say, those details about what Trump might want to hide, you can’t trust them. So does this back and forth effectively hurt Stormy Daniels’s credibility, in your estimation?

I don’t think that Stormy Daniels came off as perfectly credible about everything she testified about. There are incidents that were unclear or confusing. There were things she talked about that I found hard to believe, when she, for instance, denied that she had attacked Trump in a tweet or talked about her motivations. But about what prosecutors need, that central story, the story of having had sex with him, we can’t know whether it happened.

But there weren’t that many disparities in these accounts over the years. In terms of things that would make me doubt the story that Daniels was telling, details that don’t add up, those weren’t present. And you don’t have to take my word for that, nor should you. But the judge is in the room. And he says something very, very similar.

What does he say? And why does he say it?

Well, he does it when the defense, again, at the end of the day on Thursday, calls for a mistrial.

With a similar argument as before?

Not only with a similar argument as before, but, like, almost the exact same argument. And I would say that I was astonished to see them do this. But I wasn’t because I’ve covered other trials where Trump is the client. And in those trials, the lawyers, again and again, called for a mistrial.

And what does Judge Marchan say in response to this second effort to seek a mistrial?

Let me say, to this one, he seems a little less patient. He says that after the first mistrial ruling, two days before, he went into his chambers. And he read every decision he had made about the case. He took this moment to reflect on the first decision. And he found that he had, in his own estimation, which is all he has, been fair and not allowed evidence that was prejudicial to Trump into this trial. It could continue. And so he said that again. And then he really almost turned on the defense. And he said that the things that the defense was objecting to were things that the defense had made happen.

He says that in their opening statement, the defense could have taken issue with many elements of the case, about whether there were falsified business records, about any of the other things that prosecutors are saying happened. But instead, he says, they focused their energy on denying that Trump ever had sex with Daniels.

And so that was essentially an invitation to the prosecution to call Stormy Daniels as a witness and have her say from the stand, yes, I had this sexual encounter. The upshot of it is that the judge not only takes the defense to task. But he also just says that he finds Stormy Daniels’s narrative credible. He doesn’t see it as having changed so much from year to year.

Interesting. So in thinking back to our original question here, Jonah, about the idea that putting Stormy Daniels on the stand was risky, I wonder if, by the end of this entire journey, you’re reevaluating that idea because it doesn’t sound like it ended up being super risky. It sounded like it ended up working reasonably well for the prosecution.

Well, let me just assert that it doesn’t really matter what I think. The jury is going to decide this. There’s 12 people. And we can’t know what they’re thinking. But my impression was that, while she was being questioned by the prosecution for the prosecution’s case, Stormy Daniels was a real liability. She was a difficult witness for them.

And the judge said as much. But when the defense cross-examined her, Stormy Daniels became a better witness, in part because their struggles to discredit her may have actually ended up making her story look more credible and stronger. And the reason that matters is because, remember, we said that prosecutors are trying to fill this hole in their case. Well, now, they have. The jury has met Stormy Daniels. They’ve heard her account. They’ve made of it what they will. And now, the sequence of events that prosecutors are trying to line up as they seek prison time for the former President really makes a lot of sense.

It starts with what Stormy Daniels says with sex in a hotel suite in 2006. It picks up years later, as Donald Trump is trying to win an election and, prosecutors say, suppressing negative stories, including Stormy Daniels’s very negative story. And the story that prosecutors are telling ends with Donald Trump orchestrating the falsification of business records to keep that story concealed.

Well, Jonah, thank you very much. We appreciate it.

Of course, thanks for having me.

The prosecution’s next major witness will be Michael Cohen, the former Trump fixer who arranged for the hush money payment to Stormy Daniels. Cohen is expected to take the stand on Monday.

Here’s what else you need to know today. On Thursday, Israeli Prime Minister Benjamin Netanyahu issued a defiant response to warnings from the United States that it would stop supplying weapons to Israel if Israel invades the Southern Gaza City of Rafah. So far, Israel has carried out a limited incursion into the city where a million civilians are sheltering, but has threatened a full invasion. In a statement, Netanyahu said, quote, “if we need to stand alone, we will stand alone.”

Meanwhile, high level ceasefire negotiations between Israel and Hamas have been put on hold in part because of anger over Israel’s incursion into Rafah.

A reminder, tomorrow, we’ll be sharing the latest episode of our colleague’s new show, “The Interview” This week on “The Interview,” Lulu Garcia-Navarro talks with radio host Charlamagne Tha God about his frustrations with how Americans talk about politics.

If me as a Black man, if I criticize Democrats, then I’m supporting MAGA. But if I criticize, you know, Donald Trump and Republicans, then I’m a Democratic shill. Why can’t I just be a person who deals in nuance?

Today’s episode was produced by Olivia Natt and Michael Simon Johnson. It was edited by Lexie Diao, with help from Paige Cowett, contains original music by Will Reid and Marion Lozano, and was engineered by Alyssa Moxley. Our theme music is by Jim Brunberg and Ben Landsverk of Wonderly.

That’s it for “The Daily.” I’m Michael Barbaro. See you on Monday.

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• May 10, 2024   •   27:42 Stormy Daniels Takes the Stand
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Hosted by Michael Barbaro

Featuring Jonah E. Bromwich

Produced by Olivia Natt and Michael Simon Johnson

Edited by Lexie Diao

With Paige Cowett

Original music by Will Reid and Marion Lozano

Engineered by Alyssa Moxley

Listen and follow The Daily Apple Podcasts | Spotify | Amazon Music | YouTube

This episode contains descriptions of an alleged sexual liaison.

What happened when Stormy Daniels took the stand for eight hours in the first criminal trial of former President Donald J. Trump?

Jonah Bromwich, one of the lead reporters covering the trial for The Times, was in the room.

On today’s episode

Jonah E. Bromwich , who covers criminal justice in New York for The New York Times.

Background reading

In a second day of cross-examination, Stormy Daniels resisted the implication she had tried to shake down Donald J. Trump by selling her story of a sexual liaison.

Here are six takeaways from Ms. Daniels’s earlier testimony.

There are a lot of ways to listen to The Daily. Here’s how.

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The Daily is made by Rachel Quester, Lynsea Garrison, Clare Toeniskoetter, Paige Cowett, Michael Simon Johnson, Brad Fisher, Chris Wood, Jessica Cheung, Stella Tan, Alexandra Leigh Young, Lisa Chow, Eric Krupke, Marc Georges, Luke Vander Ploeg, M.J. Davis Lin, Dan Powell, Sydney Harper, Mike Benoist, Liz O. Baylen, Asthaa Chaturvedi, Rachelle Bonja, Diana Nguyen, Marion Lozano, Corey Schreppel, Rob Szypko, Elisheba Ittoop, Mooj Zadie, Patricia Willens, Rowan Niemisto, Jody Becker, Rikki Novetsky, John Ketchum, Nina Feldman, Will Reid, Carlos Prieto, Ben Calhoun, Susan Lee, Lexie Diao, Mary Wilson, Alex Stern, Dan Farrell, Sophia Lanman, Shannon Lin, Diane Wong, Devon Taylor, Alyssa Moxley, Summer Thomad, Olivia Natt, Daniel Ramirez and Brendan Klinkenberg.

Our theme music is by Jim Brunberg and Ben Landsverk of Wonderly. Special thanks to Sam Dolnick, Paula Szuchman, Lisa Tobin, Larissa Anderson, Julia Simon, Sofia Milan, Mahima Chablani, Elizabeth Davis-Moorer, Jeffrey Miranda, Renan Borelli, Maddy Masiello, Isabella Anderson and Nina Lassam.

Jonah E. Bromwich covers criminal justice in New York, with a focus on the Manhattan district attorney’s office and state criminal courts in Manhattan. More about Jonah E. Bromwich

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