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.
Defense attorney Emil Bove began the conference by arguing for a jury instruction describing the alleged conspiracy as civil, not criminal.
According to Bove, prosecutors have failed to show that the alleged conspiracy had a criminal object.
“It’s only a crime if it has a criminal object,” Bove said. "To be a criminal conspiracy, there must be a criminal object.”
Judge Merchan is back on the bench, and the parties -- including Trump -- are seated at the counsel tables for the pre-charge conference that will help determine the jury instructions.
Trump, seated next to attorney Susan Necheles, has a pile of papers in front of him.
Donald Trump, addressing the media ahead of this afternoon's pre-charge conference, told reporters, "This next couple of hours is very important."
Judge Juan Merchan is preparing to hear arguments from attorneys regarding the instructions the judge will provide jurors about the law and evidence in the case when the jury begins deliberating next week.
Trump declined to answer questions from the reporters about why he decided not to testify in the case, and whether he is nervous about a possible conviction.
Judge Merchan asked the parties to return to the courtroom at 2:15 p.m. ET. for the previously scheduled pre-charge conference.
It will provide an opportunity for the parties to weigh in on the instructions Merchan will provide the jury about the law and evidence in the case.
Trump and his entourage then filed out of the courtroom.
