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

Defense attorney Emil Bove tried to make the argument that this particular case is unusual because Trump is not a typical defendant.

Prosecutor Matthew Colangelo responded that's precisely why the standard language should be used.

"No one is above the law," he said.

Judge Merchan settled the matter and ruled against the defense.

"I understand what you mean when you say it's an important case," he said. "But what you're asking me to do is to change the law, and I'm not going to do that."

Discussing the August 2015 meeting in Trump Tower where prosecutors say Trump, Michael Cohen and then-National Enquirer publisher David Pecker agreed to the criminal conspiracy, defense attorney Emil Bove argued Trump's "mere presence" at a 2015 meeting at Trump Tower with David Pecker and Michael Cohen where the alleged conspiracy was hatched "could very much be part of the defense here."

Bove said "there's nothing criminal about that at all," despite prosecutors arguing it's where the catch-and-kill scheme originated.

Prosecutor Matthew Colangelo argued there is no way the jury could interpret the meeting as a "high minded conversation about democracy."

The defense failed to convince Judge Merchan to add a layer of intent that prosecutors have to prove.

Merchan told the parties he was "concerned about" a proposed addition by defense attorneys related to Trump's intent to defraud.

The defense proposed including an instruction that the state "must establish beyond a reasonable doubt two separate intents" for Trump to commit crimes -- for both falsifying records and the other crime Trump furthered with the falsification.

"This proposed language is just inconsistent with the text of the statute," prosecutor Matthew Colangelo argued.

Merchan said he was inclined to use the standard instruction, excluding the proposed defense addition.

"That second level of intent ... is incorporated by reference to the first," Merchan said.

The debate over jury instructions turned to the definition of "accomplice liability."

Prosecutors argued that jury should be told that Trump can be convicted because he caused false leger entries to be created by Trump Organization employees Jeff McConney and Deb Tarasoff.

Prosecutors said it's a necessary instruction because the defense argued in opening statements that Trump himself did not enter accounting records.

Merchan reserved his decision about "accessorial liability" but said he was inclined to strike the proposed language related to the issue from the final charge.

As the lawyers continue their debate, Trump is flipping through a three-inch stack of papers, some of which appear to be press clippings.