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, 8:01 AM 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 10, 2024, 7:49 AM EDT

Key Trump White House aide set to resume testimony

Former Trump White House aide Madeleine Westerhout is set to resume her testimony this morning in former President Donald Trump's New York criminal trial.

For prosecutors, Westerhout's testimony yesterday offered a detailed picture of how Trump approached his personal finances while serving as president -- including how he signed personal checks for his then-attorney Michael Cohen and others.

Defense attorneys, meanwhile, appeared to use Westerhout to highlight Trump's character following hours of abrasive testimony from Stormy Daniels.

"He never once made me feel like I didn't deserve that job and I didn't belong there, especially in an office filled with older men," Westerhout told jurors about working by Trump's side for over two years. "He was a really good boss. I hope he respected me in my job, and I just found him very enjoyable to work for."

Former President Donald Trump watches as Former Director of Oval Office Operations Madeleine Westerhout testifies during his criminal trial in Manhattan state court in New York City, May 9, 2024, in this courtroom sketch. REUTERS/Jane Rosenberg
Jane Rosenberg/Reuters

Westerhout at one point broke down in tears on the witness stand while recounting to the jury how she lost her job after she shared private details of Trump's family with reporters at an off-the-record dinner.

"That mistake, eventually -- ultimately, cost me my job, and I am very regretful of my youthful indiscretion," Westerhout said while crying.

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.

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