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.
The defense is now resuming its cross-examination of Michael Cohen following the lunch break.
Lawyers meet with Justice Juan Merchan during former President Donald Trump's criminal trial in Manhattan state court in New York City, May 16, 2024 in this courtroom sketch.
Jane Rosenberg via Reuters
A juror informed Judge Merchan that they have a scheduling conflict next Thursday, so Merchan said they'll try to work out a solution later today.
May 16, 2024, 1:01 PM EDT
Defense accuses Cohen of lying about Trump phone call
Defense attorney Todd Blanche accused Michael Cohen of lying about a phone call Cohen testified he had with Donald Trump on Oct. 24, 2016.
Blanche read texts between Cohen and Trump aide Keith Schiller on that date, in which Cohen asked Schiller, "Who can I speak to about harassing calls to my phone and office?"
According to Blanche, Schiller asked Cohen to call him at 8:02 p.m.
"This is the call that you testified about on Tuesday that you had a conversation with President Trump?" Blanche said.
Cohen, who testified on Tuesday that he had called Schiller to speak with Trump, agreed.
Nearly shouting, Blanche alleged that Cohen lied during his testimony on Tuesday.
"That was a lie," said Blanche, adding that Cohen texted Schiller the phone number of the 14-year-old prank caller at 8:04 p.m.
"Part of it was the 14-year-old, but I knew that Keith was with Trump at the time," Cohen responded.
Former President Donald Trump appears at Manhattan Supreme Court during his trial on May 16 2024.
Mike Segar/Pool/Reuters
"That was a lie. You did not talk to President Trump that night," Blanche said, raising his voice. "You can admit it."
"No sir, I can't," Cohen said. "Because I'm not sure that's accurate."
"This jury doesn't want to hear what you think happened," Blanche said.
Trump, at the defense table, appeared engaged and furrowed his eyebrows.
The jury was then shown text messages from that evening between Cohen and Schiller, which Blanche suggested prosecutors omitted from their exhibit.
"Mr. Cohen, you just said that you don't recall a phone call ... on Tuesday you testified that you remembered the phone call," Blanche shouted, again growing animated and speaking quickly.
Cohen stood by his testimony, saying he spoke to both Trump and Schiller.
"Based upon what was going on and based upon the other messages regarding the Stormy Daniels matter, yes I believe I was telling the truth," Cohen said.
Judge Merchan subsequently recessed the court for lunch.
May 16, 2024, 12:44 PM EDT
Defense begins questioning Cohen about facts of the case
After about five hours of cross-examination, defense attorney Todd Blanche now appears to be turning to the facts of the case and Cohen's earlier testimony.
Blanche asked Cohen's about his testimony regarding an Oct. 24, 2016 phone call with Donald Trump.
"We talked about the matter -- that it was resolved," Cohen said, referencing the Stormy Daniels payment.
Blanche suggested that Cohen never mentioned the phone call in earlier sworn testimony and in meetings with prosecutors.
"It was the first time that you recall having a conversation with President Trump on Oct. 24 at 8:02 p.m. when you testified two days ago," Blanche suggested.
Prosecutor Susan Hoffinger objected repeatedly to this line of questions.
Blanche suggested that around the same time as the Oct. 24 phone call, Cohen was receiving prank calls.
"You were receiving a bunch of ongoing and continuing harassment phone calls," Blanche asked. "Do you remember that?"
Blanche read text messages between Cohen and an apparent teenage prank caller. According to Blanche, Cohen said he would contact the Secret Service about the matter.
"I didn't do it. I am 14. Please don't do it," Blanche read from the texts.
May 16, 2024, 12:36 PM EDT
Defense presses Cohen on fake legal citations
Michael Cohen was asked about the nonexistent AI-generated case law that was cited in court papers last year when he sought early termination of supervised release.
Cohen told jurors that he inadvertently provided his lawyer fake citation during his recent bid to end his supervised release.
“AI wants to please the user, and then I provided to my counsel these three cases that were directly on point why supervised release for me was not just and proper,” Cohen said. “Those situations were inaccurate.”
“The three cases that you gave to your attorney were not real cases, correct?" Blanche said.