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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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.
Prosecution seeks to limit Costello's testimony
The prosecution objected to the defense calling Robert Costello, Michael Cohen's former attorney to the stand.
Out of earshot of the jury, prosecutor Susan Hoffinger asked Judge Merchan to omit Costello or limit his testimony to two questions.
"I think there's very limited testimony that's permissible here if at all," Hoffinger said.
The defense said it wants to use Costello to rebut Cohen's testimony about a "pressure campaign" carried out against him not to flip on Trump after Cohen made Stormy Daniels payment.
Costello, a longtime Trump ally, testified before the grand jury in March 2023 as an exculpatory witness at the request of Trump's attorneys.
Defense calls ex-Cohen attorney Robert Costello
On cross-examination, prosecutor Becky Mangold quizzed defense witness Daniel Sitko about the technical process for putting together the summary chart from cell phone records.
The defense attempted to show through the call summary that Cohen and his then-attorney Robert Costello spoke 75 times. On cross-examination, the defense paralegal conceded it wasn't quite that many.
After Sitko stepped off the witness stand, the defense called Robert Costello himself.
Defense witness introduces evidence regarding phone calls
The defense called Daniel Sitko, a paralegal for defense attorney Todd Blanche.
Sitko introduced a summary chart of phone calls between Michael Cohen, his one-time attorney Robert Costello, and the law firm of Davidoff Hutcher & Citron.
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.