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.
Defense attorney Todd Blanche asked to approach the bench about an ongoing discovery issue.
Both legal teams leaned in as Blanche spoke to the judge.
With the sidebar completed, the judge called for a ten-minute break.
May 20, 2024, 9:09 AM EDT
Judge won't let defense expand expert witness' testimony
Judge Merchan denied a request from defense lawyers to broaden the scope of testimony from their expert witness Bradley Smith, who is an expert on campaign finance regulations.
On Thursday, defense lawyers asked Merchan to allow Smith to testify about various terms related to federal campaign finance laws. Merchan denied the request, citing long standing precedent prohibiting witness testimony about the law.
"An expert is not permitted to present or interpret the law," Merchan said.
Former President Donald Trump sits in the courtroom at Manhattan Criminal Court with his attorney Todd Blanche (L) on May 20, 2024 in New York City.
Michael M. Santiago/Getty Images
Merchan also expressed concerns about Smith's testimony prompting a "battle of the experts" between Smith and an expert called by prosecutors, which Merchan said would confuse the jury.
Merchan said that Smith could still testify, as long as he follows the limits imposed in his pretrial ruling on the case's motions in limine.
"The court will monitor this testimony closely to ensure full compliance," Merchan said in a pretrial ruling. "Any deviation from this ruling could result in sanction up to and including striking the expert's entire testimony."
Trump, sitting at the defense table, shook his head after the judge announced his ruling.
May 20, 2024, 8:59 AM EDT
Judge rejects defense request to admit email as evidence
Judge Merchan has begun hearing arguments about the admissibility of some defense exhibits, including an email communication between Michael Cohen and his one-time attorney Bob Costello's law partner Jeffrey Citron.
Defense attorney Todd Blanche argued that the exhibit could be used to impeach Cohen's testimony.
Judge Merchan said he will not allow the email into evidence. Prosecutors argued that the email was hearsay and cannot fairly offer a window into Cohen's state of mind.
"There is another layer there of hearsay," Merchan said about the email. "I don't see any probative value for impeachment purposes here at all."
May 20, 2024, 8:53 AM EDT
Judge says summations will likely happen next Tuesday
"Good morning Mr. Trump," Judge Juan Merchan said as he gaveled in the proceedings.
"It's become apparent that we are not going to be able to sum up tomorrow," the judge said after taking the bench.
Merchan said it's more likely summations will take place next Tuesday, after procedural matters and the Memorial Day break.
"Either have a long break now or a long break then, and unfortunately the calendar is what it is," the judge said.