Trump trial: Judge rebukes Michael Cohen ahead of expected testimony Monday

Former President Trump was in court on Day 15 of his criminal trial in New York.

Last Updated: May 10, 2024, 1:54 PM EDT

Former President Donald Trump is on trial in New York City, where he is facing felony charges related to a 2016 hush money payment to adult film actress Stormy Daniels. It marks the first time in history that a former U.S. president has been tried on criminal charges.

Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records in connection with a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.

Apr 22, 5:51 am

What to know about the hush money case

May 09, 2024, 5:20 PM EDT

'We are so innocent,' Trump says exiting courtroom

Judge Juan Merchan dismissed court for the day following the late hearing.

Trump, speaking to reporters on his way out of the courtroom, railed against the judge.

Former President Donald Trump speaks to the press at the end of the day of his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City, May 9, 2024.
Angela Weiss/POOL/AFP via Getty Images

"Everybody saw what happened today -- I don't think we have to do any expert explaining," Trump said. "I'm not allowed to anyway because this judge is corrupt," he said, criticizing Merchan -- who is not protected by the limited gag order in the case.

"I got to get back on the campaign trail. I'm not supposed to be here. We are so innocent," Trump said.

-ABC News' Kelsey Walsh and Mike Pappano

May 09, 2024, 5:04 PM EDT

Judge, slamming defense, denies 2nd motion for mistrial

Merchan took defense attorney Susan Necheles to task for her failure to object to a line of inquiry about whether or not Donald Trump used a condom during his alleged encounter with Stormy Daniels.

"For the life of me, I don't know why Ms. Necheles didn't object," the judge said.

Merchan emphasized that Daniels testimony was necessary because Trump's lawyers continue to deny the encounter occurred.

"That pits your client's words against Ms. Daniels' word," the judge said.

"These details add a sense of credibility if the jury chooses to believe them," Merchan said. "Your motion for a mistrial is denied."

May 09, 2024, 4:53 PM EDT

State argues that Daniels' testimony corroborated her account

Assistant District Attorney Joshua Steinglass heavily pushed back on defense attorney Todd Blanche's motion for a mistrial based on Stormy Daniels' detailed and explicit testimony.

"It has always been the people's contention that the details in this case -- details of the two-hour conversation that Ms. Daniels had with the defendant in the living room and the dinner room of his hotel room in Harrah's -- corroborate her account," Steinglass said.

"They corroborate that the sex happened, which is motivation to silence her," he said.

Steinglass argued that defense lawyers cannot attack Daniels' credibility in their opening statement, then move for a mistrial after the state thoroughly questioned Daniels to develop her credibility with the jury.

"They're trying to have their cake and eat it too," Steinglass said.

Steinglass also argued that the condom testimony was permissible because Trump, according to Daniels, asked her a series of questions about protection and STDs in the adult film industry during their conversation in Trump's suite.

"Mr. Trump asked a lot of questions about the testing in the adult film industry," Steinglass said. "The reason that is relevant is because it explains his decision not to wear a condom."

"You know who knew what happened in that room? Mr. Trump knew," Steinglass said. "That was Mr. Trump's motive to silence this woman in 2016."

Trump has been sitting with his arms crossed, staring at Merchan, during the hearing.

May 09, 2024, 4:36 PM EDT

Defense, seeking mistrial, says, 'This is not a case about sex'

In the defense's motion for a mistrial, defense attorney Todd Blanche argued that prosecutors went too far with their questions during Stormy Daniels' direct examination.

"What proceeded to happen was a whole host of questions that went way beyond the mere fact that it happened," Blanche said.

"It almost defies belief we are here about a records case," Blanche said. "This is not a case about sex."

"The nondisclosure agreement was entered. Whether it happened or not has nothing to do with the charges in this case," he argued.

Blanche specifically argued that Daniels' testimony about Trump not using a condom during the alleged encounter was prejudicial to the jury.

"It's a dog whistle for rape," Blanche said.

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