Trump trial updates: Appeals court denies defense's bid for judge's recusal
The defense rested its case Tuesday without testimony from Donald Trump.
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.
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Costello says Cohen said Trump knew nothing of Daniels payment
Michael Cohen's former attorney, Robert Costello, testified that in their initial meeting on April 17, 2018, Cohen said Trump did not know about the payment to Stormy Daniels.
"Michael Cohen said numerous times that President Trump knew nothing about those payments, that he did this on his own, and he said that numerous times," Costello testified.
"Jeez," Costello muttered when Judge Merchan sustained an objection following another question.
The judge had earlier instructed Costello to wait until an objection was resolved before answering the question.
Costello testifies Cohen told him he had nothing on Trump
Defense witness Robert Costello, who for a time was Michael Cohen's attorney, introduced details of his first meeting with Cohen, saying they first met at the Regency Hotel in Manhattan on April 17, 2018, with attorney Jeffrey Citron.
Cohen "was absolutely manic" during the first meeting, Costello said. The FBI had just raided his home and office.
“I really want you to explain what my options are. What’s my escape route?” Costello said Cohen told him.
Cohen said, "My life is shattered, my family's life is shattered," Costello testified.
Costello said he told Cohen, “This entire legal problem he was facing would be resolved by the end of the week if he had truthful information about Donald Trump and cooperated with the Southern District of New York.”
Costello said that Cohen on multiple occasions said, “I swear to god Bob, I don’t have anything on Donald Trump.”
"Did the topic of Stormy Daniels come up?" defense attorney Emil Bove asked Costello.
Costello said it did, with Cohen telling him, "I don’t understand why they’re trying to put me in jail for some f------ NDAs."
Judge agrees to allow limited testimony from Costello
Judge Merchan, after returning to the bench, agrees to give defense attorney Emil Bove "some latitude" to explore with witness Robert Costello the pressure campaign that Michael Cohen spoke.
"I’m not going to allow this to become a trial within a trial ... that's not the purpose of this trial, and I'm not going to let it become that," the judge said.
The defense called Robert Costello to the stand.
Attorney argue over Costello testifying
In a sidebar, Trump's attorney told Judge Merchan want to use ex-Cohen attorney Robert Costello to push back on Cohen's claims that he was worried about speaking to Costello because he was worried it would get back to Trump.
"That's not Mr. Costello's recollection," defense attorney Emil Bove said. "To rebut the government's pressure campaign theory -- that's why this evidence is admissible."
Bove told Merchan that Costello would testify that Cohen told him that Trump had no awareness of the Stormy Daniels' hush money payment.
Earlier today, Cohen testified that he lied to Costello about Trump's awareness because he did not trust Costello.
"The whole purpose was to make Mr. Trump sound threatening," Bove said.
"I don't think so," Merchan responded.
Prosecutor Susan Hoffinger argued that defense lawyers did not include Costello on their witness list or provide the exhibits related to his testimony.
"Rebutting the pressure campaign should have been part of their direct case," Hoffinger said.
Merchan called a brief recess to consider the arguments but ordered the parties to remain in the courtroom.
Appeals court denies defense's bid for judge's recusal
New York's Appellate Division has upheld Judge Juan Merchan's decision not to recuse himself from former President Trump's hush money case.
Trump's defense team had sought Merchan's recusal based on his daughter's work for a consulting firm with Democratic clients.
A panel of appellate judges ruled that Trump failed to prove the judge overstepped his authority by denying a defense motion for recusal.
"Petitioner has failed to establish that the court acted in excess of its jurisdiction by denying his motion," today's order said. "Petitioner also has not established that he has a clear right to recusal."
The judges also found that the defense appeal was procedurally improper since they waited too long to appeal Merchan's August 2023 recusal order, then rushed to the Appellate Division before Merchan ruled on their more recent recusal motion.
The appellate court also upheld Merchan's decision denying Trump's argument that some of his social media posts were covered by presidential immunity.
The appeals court said Trump could include both appeals in its general appeal of the verdict should he be found guilty.
The court also denied Trump's request for a change of venue for the trial, which Trump had sought before the trial began last month.
The former president has repeatedly criticized Judge Merchan as "conflicted" throughout the trial.