Trump trial updates: Appeals court denies defense's bid for judge's recusal

The defense rested its case Tuesday without testimony from Donald Trump.

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 20, 2024, 2:53 PM EDT

Cohen says he spoke 'more than 20' times with Trump about Daniels

Michael Cohen returned to the stand and prosecutors displayed an image of Trump and bodyguard Keith Schiller on Oct. 24, 2016, the night of the phone call Cohen said he had with Trump to finalize the Stormy Daniels deal.

Before showing the image to the jury, prosecutor Susan Hoffinger read a stipulation that the photo came from a video that ended at 7:57 p.m. on that date.

Under additional questioning, Cohen said he had "more than 20" conversations, in person or by phone, with Donald Trump in October 2016 about the Stormy Daniels payoff.

Former President Donald Trump sits in Manhattan Criminal Court in New York, May 20 2024.
Mark Peterson/Pool Photo via AP

"Do you have any doubt in your mind that Mr. Trump gave you the final signoff [on the Stormy Daniels payment]?" Hoffinger asked.

"No doubt," Cohen said.

"Would you have paid Stormy Daniels $130,000 had Trump not signed off?" Hoffinger asked.

"No ma'am," Cohen said.

"Why not?" Hoffinger asked.

"Because I wanted to ensure I would get my funds back," Cohen said.

May 20, 2024, 2:46 PM EDT

Lawyers agree to admit photo under Cohen's testimony

Prosecutors reached a compromise with defense counsel that prevents the need to recall C-SPAN executive Robert Browning to testify.

The state has called Michael Cohen back to the stand to introduce their desired photo evidence through Cohen's testimony.

May 20, 2024, 2:41 PM EDT

Defense could present case or wait for tomorrow

Judge Merchan offered to break early today and resume tomorrow morning when C-SPAN executive Robert Browning arrives to testify.

He also gave the defense the option begin presenting its case today.

Defense counsel and Trump huddled over the question.

May 20, 2024, 2:35 PM EDT

Attorneys continue to argue over admission of photo

After Judge Merchan ruled that he would not admit a photo that prosecutors said showed Trump and his bodyguard Keith Schiller together on Oct. 24, 2016 -- the night of the phone call Michael Cohen said he had with Trump to finalize the Stormy Daniels deal -- prosecutor Joshua Steinglass said he respected Merchan's ruling, but criticized the defense for objecting to the evidence despite not contesting that Schiller and Trump are both in the photo together.

"I am not sure why we are jumping through all these hoops," Steinglass said.

Defense attorney Todd Blanche said it would be "patently unfair" to allow prosecutors to recall C-SPAN executive Robert Browning to testify about the photo after the defense has presented witnesses.

"That's not the way a trial is supposed to work, judge," Blanche said.

The judge ordered prosecutors to check with Browning -- who previously traveled from Louisiana to testify -- to see if he can be here by 9:30 a.m. tomorrow.

Mangold subsequently reported that Browning would be able to make it.

"They are booking travel right now," Mangold said.

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