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

Judge Merchan declined to add a sentence to the jury charge that there was no limit on Trump's personal contributions to his political campaign in 2015 and 2016.

Defense attorney Emil Bove argued that the line would have told the jury that Trump “could have paid this out of his personal expenses without issue.”

But prosecutors argued that the line was “extraneous” because Trump made the Stormy Daniels payment reimbursement from the Trump Organization, not out of his personal funds.

“It has nothing to do with the case,” Colangelo said.

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.