Trump trial: Cohen faces Trump team grilling over past lies, recollections

The defense questioned Trump's former lawyer on Day 18 of the hush money trial.

Last Updated: May 16, 2024, 4:46 PM EDT

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.

Apr 22, 5:51 am

What to know about the hush money case

May 16, 2024, 4:29 PM EDT

No decision yet about Trump testifying

Defense attorney Todd Blanche, asked by Judge Merchan about his schedule, said he expects to be finished with Michael Cohen's cross-examination "before the morning break" when court resumes on Monday.

Prosecutor Susan Hoffinger indicated she has "under an hour" of redirect examination of Cohen.

She also said there would be no additional prosecution witnesses.

The defense said it will know "very soon," possibly today, about the status of the defense case -- including whether Trump himself will take the stand.

If not, the defense case could conclude on Monday, they said.

If Trump does not testify, summations could possibly be scheduled for Tuesday, Judge Merchan said.

“Please be prepared to begin summations on Tuesday,” the judge told the parties.

The proceedings were then ended for the day. Court will not be in session tomorrow, or on Wednesday and Friday next week.

May 16, 2024, 4:17 PM EDT

Judge will wait to rule on defense's expert witness

After the jury was dismissed for the day, Judge Merchan heard arguments from the two sides on whether the defense should be allowed to call an expert witness to explain to the jury how to interpret nuances in election law, particularly the phrase "for the purpose of influencing an election."

"We don't think this jury here should be evaluating a FICA violation," defense attorney Emil Bove argued.

Prosecutors objected, saying only the judge should inform the jury what the law is.

PHOTO: Justice Juan Merchan during former President Donald Trump's criminal trial in Manhattan state court in New York City, May 16, 2024 in this courtroom sketch.
Justice Juan Merchan presides as Michael Cohen is asked about taking an oath as he is cross-examined by defense lawyer Todd Blanche during former President Donald Trump's criminal trial in Manhattan state court in New York City, May 16, 2024 in this courtroom sketch.
Jane Rosenberg via Reuters

There is a "general and widely followed prohibition" against having testimony from witnesses about the law, prosecutor Matthew Colangelo argued, adding that Bove's request "flies directly in the face" of an earlier order issued by Merchan.

"The jury has to be provided instructions one way or another ... about how to apply these principles," Bove argued back.

Merchan said he would think about it over the weekend, but told the defense, "Until you hear differently from me, my ruling has not changed" that their requested testimony would not be permitted.

May 16, 2024, 3:54 PM EDT

Defense argues Cohen's lack of retainer agreement was not an issue

After affirming he worked on "The Apprentice" and did personal work for Trump and members of his family, Michael Cohen confirmed he has never had a retainer agreement with Trump or his company.

"In the whole time you worked for the Trump Organization, you never had a retainer agreement?" defense attorney Todd Blanche asked.

"I never had a retainer agreement," Cohen said.

"And you never had a retainer agreement with any of those individuals, did you?" Blanche asked.

"Correct, Cohen answered.

"And the reason why you didn't have a retainer agreement is because you didn't need one?" Blanche asked. "You knew you were going to get paid?"

"Yes," Cohen said.

"You didn't have to worry when you did personal work for Donald Trump Jr. about the retainer agreement because you were getting paid by the Trump Organization, correct?" Blanche said.

"Correct," Cohen replied.

Blanche suggested there was "nothing wrong" with Cohen never having retainer agreement -- including when Cohen submitted invoices for legal work in 2017. At that time in 2017, Cohen was working as a private lawyer for Trump, separate from the Trump Organization.

Prosecutors have argued that Trump falsified records when he paid Cohen for legal services pursuant to a retainer agreement in 2017.

Blanche subsequently concluded his questioning for the day, with Cohen's cross-examination scheduled to continue on Monday.

Cohen did not look at Trump when he exited the courtroom.

May 16, 2024, 3:44 PM EDT

Defense stresses Daniels' hush payment was 'perfectly legal'

Defense attorney Todd Blanche turned the cross-examination to the topic of Stormy Daniels' $130,000 hush payment.

Jurors were shown the nondisclosure contract between Daniels and Trump.

“In your mind, then and now, this is a perfectly legal contract, correct?” Blanche asked Michael Cohen, hammering at a key defense argument that the agreement was fully legal.

“Yes sir,” Cohen responded.

Under questioning, Cohen conceded that he told the Manhattan district attorney's office that before he paid Stormy Daniels her hush money, he thought Daniels was "exploiting Mr. Trump."

"In your mind, there was either two choices: Pay, or don't pay and the story comes out?" Blanche asked COhen.

Cohen affirmed his thinking.

"But you went a long time without paying?" Blanche asked.

"Yes, we went several weeks without paying," said Cohen.

"Ultimately, though, you did. You paid," Blanche said.

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