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

Defense attorney Emil Bove argued that the jury should not consider Michael Cohen's tax crimes as one of the crimes Trump advanced by allegedly falsifying business records when he repaid Cohen for the Stormy Daniels hush payment.

Bove argued that Cohen was unaware of the alleged tax crimes when then-Trump Organization CFO Allen Weisselberg "grossed up" his reimbursement to accommodate for taxes on the payment.

Cohen testified he did not think of the tax law at the time, telling jurors, "I just wanted to get my money back."

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.