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, 10:30 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, 10:14 AM EDT

Defense suggests avoiding White House mail is standard

Defense attorney Susan Necheles suggested that the practice of not mailing Trump's personal items directly to the White House -- including checks for him to sign -- was a standard practice used by past presidents to quickly get their personal mail.

"It was a way that items could be sent to you and you could get them promptly to President Trump?" Necheles asked Trump White House aide Madeleine Westerhout, suggesting that security practices delayed mail sent to the White House and that packages might get lost.

"That's right," Westerhout said.

"This was a problem [that] … exists for everybody who is in that office?" Necheles later asked, suggesting past administrations used a similar solution.

"I don't have any knowledge of what is was like in previous administrations, but I can't imagine it would have been any different," said Westerhout.

Necheles also sought to contradict the prosecution's contention that Trump personally reviewed every check he signed.

"You said he signed a tremendous amount of documents ... commissions, proclamations, executive orders, memos, letters ... hundreds of documents a day?" Necheles asked Westerhout.

"Not every day, but sometimes," Westerhout said.

"Sometimes he would sign checks without reviewing them?" Necheles asked.

"Yes," said Westerhout.

May 10, 2024, 10:00 AM EDT

Defense seeks to distance Trump from CFO, repayments

Seeking to distance Trump from his then-Trump Organization CFO Allen Weisselberg -- and thus the repayment arrangement for Michael Cohen -- defense attorney Susan Necheles asked Trump White House aide Madeleine Westerhout, "I'm correct that you don't ever have a recollection of Donald Trump and Allen Weisselberg speaking in his first year in office?"

"That's correct, yes," Westerhout responded.

Meanwhile, a long week of testimony appears to have caught up with some of the jurors, several of whom appear to be stifling yawns.

All 18 were leaning back into their chairs as attorneys gathered at the bench for a sidebar conference.

May 10, 2024, 9:52 AM EDT

Defense asks Westerhout about Trump's contact list

After taking the stand yesterday, Trump White House aide Madeleine Westerhout is back undergoing cross-examination by defense attorney Susan Necheles.

After asking Westerhout about her time at the Republican National Committee, where Westerhout worked before joining the Trump Administration, Necheles quickly changes topics, asking Westerhout about a list of contacts that Trump Organization executive assistant Rhona Graff shared with Westerhout in 2017.

PHOTO: Former Director of Oval Office Operations Madeleine Westerhout is cross-examined by defense attorney Susan Necheles during former President Donald Trump's criminal trial in Manhattan state court, May 10, 2024, in this courtroom sketch.
Former Director of Oval Office Operations Madeleine Westerhout is cross-examined by defense attorney Susan Necheles during former President Donald Trump's criminal trial in Manhattan state court in New York City, May 10, 2024, in this courtroom sketch.
Jane Rosenberg via Reuters

Jurors yesterday saw the list of likely contacts -- which included Tom Brady, Bret Baier, Sean Hannity, Jerry Falwell, Bill O'Reilly, and Joe Scarborough. Prosecutors emphasized that the list included Michael Cohen, Allen Weisselberg, and David Pecker.

"There were many people on that list who never called the Oval Office?" Necheles asked Westerhout.

"Many, yes," Westerhout responded.

May 10, 2024, 9:37 AM EDT

Judge quashes defense subpoena in written order

In an written order issued this morning, Judge Juan Merchan quashed the defense's attempt to subpoena former Manhattan Assistant District Attorney Mark Pomerantz.

Pomerantz resigned from the Manhattan district attorney's office in 2022, not long after DA Alvin Bragg opted not to pursue his case against Trump.

Pomerantz later wrote a book about his investigation, and defense lawyers issued multiple requests for his records related to the book and files from his time with the Manhattan DA's office.

In his ruling, Merchan said that Trump's requests were too broad, sought irrelevant information, and were procedurally improper. He wrote some of the requests were "far too broad and amount to an improper fishing expedition into general discovery."

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