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

Defense lawyers asked Judge Merchan to include an instruction for jurors that clarifies how prominent Republicans and members of the public reacted to the release of the infamous "Access Hollywood" tape.

Witnesses like Trump aides Hope Hicks and Madeleine Westerhout testified about the effect of the video, which led prominent Republicans like John McCain withdrawing their endorsement of Trump and the Republican National Committee considering finding a new candidate.

Prosecutors pushed back on the defense request, describing it as "confusing" and "unnecessary."

"The nature of the reaction by the Republican Party by other prominent Republican senators by other members of the public -- the fact that was the reaction -- had an impact on the listener being the defendant," prosecutor Josh Steinglass argued.

Prosecutors have argued that the immense public backlash to the Access Hollywood motivated Trump to kill the Stormy Daniels story in the days before the election.

Judge Merchan said he would review the relevant portions of the transcript before making a decision, but said he was inclined to agree with the state, suggesting the proposed instruction would be denied.

Following a break, Judge Merchan told the parties that he had worked through his own notes and asked the lawyers for each side to weigh in on what he might have missed.

The defense sought an instruction about former President Trump regarding bias.

"We don't think that this is necessary, this charge," prosecutor Josh Steinglass said in response. "I don't think instructing the jury that they shouldn't hold bias against the defendant is necessary -- voir dire has satisfied this problem, I think."

The defense also sought an instruction that hush money payments are not inherently illegal. Prosecutors opposed it, arguing the request amounts to the judge making the defense argument for them.

Defense attorney Emil Bove also asked for an instruction that "hush money is not illegal."

"What the defense is asking," Colangelo responded, "is for you to make their argument for them."

The judge agreed with Colangelo, saying that including that language would be "taking it too far."

"I don't think it's necessary," Merchan said.

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."