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.
Former President Trump is not expected to take the stand in his criminal hush money trial, sources familiar with the matter tell ABC News.
It's possible that Trump could make a last-minute decision to testify, so sources caution that nothing is final until the defense rests its case.
Trump's lawyers have indicated publicly that Robert Costello, Michael Cohen's one-time legal adviser, is expected to be their last witness before they rest their case today.
May 21, 2024, 8:14 AM EDT
Trump's son Don Jr. expected to attend trial
Former President Donald Trump is expected to be joined by his son Don Jr. in court today.
It would mark the first time Don Jr. has attended the trial.
As has been the case over the last several days in court, a number of Republican lawmakers are expected to attend today's proceedings in support of Trump.
May 21, 2024, 7:29 AM EDT
Costello to resume testimony, defense expected to rest its case
A day after Judge Judge Juan Merchan threatened to remove him from the witness stand, former federal prosecutor Robert Costello will resume his testimony this morning as the second witness in Donald Trump's defense case.
Costello is expected to be the final defense witness before Trump's lawyers rest their case today.
Yesterday, Costello told jurors about his meetings and phone calls with Michael Cohen in 2018 after FBI agents raided his office and hotel room. Costello advised Cohen and helped pass messages to the Trump, according to Cohen, but never formally represented him as his lawyer.
"Michael Cohen said, numerous times, that President Trump knew nothing about those payments, that he did this on his own, and he repeated that numerous times," Costello testified about the hush money payment to adult film actress Stormy Daniels that sits at the center of the case.
Justice Juan Merchan scolds witness Robert Costello as he momentarily clears the courtroom during former U.S. President Donald Trump's criminal trial in Manhattan state court in New York City, May 20, 2024, in this courtroom sketch.
Jane Rosenberg/Reuters
Cohen told the jury that he lied to Costello about Trump's involvement in the scheme to use hush-money payments to hide information from voters.
Costello's reactions to Judge Merchan after taking the stand yesterday afternoon -- responding "jeez" to a sustained objection, rolling his eyes at the judge, and appearing to staring him down -- prompted Merchan to clear the courtroom before threatening to remove Costello from the witness stand.
While defense lawyers suggested yesterday that they would not call Trump to the witness stand, they will likely have to confirm a final decision about the defendant's testimony -- or lack thereof -- before they rest their case.
Judge Merchan has scheduled a charge conference at 2:15 p.m. ET to hear arguments over how to instruct the jury about the law in the case.
May 20, 2024, 5:56 PM EDT
Trump says he's surprised judge cleared courtroom
Donald Trump, exiting the courtroom, commented on the chaotic scene this afternoon when Judge Juan Merchan cleared the courtroom so he could admonish defense witness Robert Costello.
"A totally conflicted judge who just did something that nobody's ever seen -- and the press is not happy -- I don't imagine they just got thrown out of the courthouse. Nobody's ever seen anything quite like it," Trump said.
Former President Donald Trump speaks after exiting the courtroom alongside his attorney Todd Blanche during his hush money trial at Manhattan Criminal Court, May 20, 2024, in New York City.
Michael M. Santiago/Getty Images
Trump also said he was unhappy that the judge decided to limit the testimony of the defense's expert witness on election law.
"We're not allowed to put it in an expert witness," Trump said. "Nobody's ever heard of it before. You know, election law is very complicated, actually."
