Trump trial: Cohen faces Trump team grilling over past lies, recollections

After the jury was dismissed for the day, Judge Merchan heard arguments from the two sides on whether the defense should be allowed to call an expert witness to explain to the jury how to interpret nuances in election law, particularly the phrase "for the purpose of influencing an election."

"We don't think this jury here should be evaluating a FICA violation," defense attorney Emil Bove argued.

Prosecutors objected, saying only the judge should inform the jury what the law is.

There is a "general and widely followed prohibition" against having testimony from witnesses about the law, prosecutor Matthew Colangelo argued, adding that Bove's request "flies directly in the face" of an earlier order issued by Merchan.

"The jury has to be provided instructions one way or another ... about how to apply these principles," Bove argued back.

Merchan said he would think about it over the weekend, but told the defense, "Until you hear differently from me, my ruling has not changed" that their requested testimony would not be permitted.

After affirming he worked on "The Apprentice" and did personal work for Trump and members of his family, Michael Cohen confirmed he has never had a retainer agreement with Trump or his company.

"In the whole time you worked for the Trump Organization, you never had a retainer agreement?" defense attorney Todd Blanche asked.

"I never had a retainer agreement," Cohen said.

"And you never had a retainer agreement with any of those individuals, did you?" Blanche asked.

"Correct, Cohen answered.

"And the reason why you didn't have a retainer agreement is because you didn't need one?" Blanche asked. "You knew you were going to get paid?"

"Yes," Cohen said.

"You didn't have to worry when you did personal work for Donald Trump Jr. about the retainer agreement because you were getting paid by the Trump Organization, correct?" Blanche said.

"Correct," Cohen replied.

Blanche suggested there was "nothing wrong" with Cohen never having retainer agreement -- including when Cohen submitted invoices for legal work in 2017. At that time in 2017, Cohen was working as a private lawyer for Trump, separate from the Trump Organization.

Prosecutors have argued that Trump falsified records when he paid Cohen for legal services pursuant to a retainer agreement in 2017.

Blanche subsequently concluded his questioning for the day, with Cohen's cross-examination scheduled to continue on Monday.

Cohen did not look at Trump when he exited the courtroom.

Defense attorney Todd Blanche turned the cross-examination to the topic of Stormy Daniels' $130,000 hush payment.

Jurors were shown the nondisclosure contract between Daniels and Trump.

“In your mind, then and now, this is a perfectly legal contract, correct?” Blanche asked Michael Cohen, hammering at a key defense argument that the agreement was fully legal.

“Yes sir,” Cohen responded.

Under questioning, Cohen conceded that he told the Manhattan district attorney's office that before he paid Stormy Daniels her hush money, he thought Daniels was "exploiting Mr. Trump."

"In your mind, there was either two choices: Pay, or don't pay and the story comes out?" Blanche asked COhen.

Cohen affirmed his thinking.

"But you went a long time without paying?" Blanche asked.

"Yes, we went several weeks without paying," said Cohen.

"Ultimately, though, you did. You paid," Blanche said.

Defense attorney Todd Blanche questioned Michael Cohen about his secretly made recording of the September 2016 conversation between him and Trump. Cohen testified earlier that be believed the recording ended abruptly because he got a phone call.

Blanche asked Cohen what Trump meant, on the recording, when he told Cohen to use "cash" to repay David Pecker for the Karen McDougal catch-and-kill agreement, suggesting that Trump was talking about not using financing, rather than going "down to the bank with bags full of cash."

"That's not what he was talking about, was he?" Blanche said.

Following up, Blanche asked, "You're recording him but the phone rings and you just answered that call?"

"I did," Cohen said, adding that he remembers being the victim of identity theft.

"When you hung up with the bank you were still talking to President Trump?" Blanche asked.

"For a few seconds," said Cohen. He said did not restart the recording.

Trump, angled toward the witness stand to get a better view of Cohen, appeared attentive during this questioning.