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.
Top headlines:
What to know about the hush money case
READ MORE: Here's what you need to know about the historic case.
Prosecutors play recording of Cohen discussing payment
Prosecutor Susan Hoffinger, with Michael Cohen back on the stand, played an Oct. 16, 2017, recording that Cohen secretly made of a conversation with Stormy Daniels' then-attorney Keith Davidson regardin the Stormy Daniels payment.
"What would you do if you were me?" Cohen is heard asking on the recording.
"Ugh. I can't even -- I don't even know. ... I can't even imagine," says Davidson.
"I mean, would you write a book, would you break away from the entire Trump, you know, we'll call it doctrine, you know, would you go completely rouge, would you join with Bannon, you know. What -- I mean any -- any thoughts?" Cohen asks.
"Because it's not just me that's now being affected. It is my entire family. It's, you know -- and the --- there's no -- nobody is thinking about Michael. You understand? And despite what like -- for example, you know, what the earlier conversation, you know, and who else would do that for somebody, who else?" he says on the recording.
" I did [it], because I care about that guy and I wasn't going to play pennywise, pound foolish," COhen says, to which Davidson replied, "Right."
"And I'm sitting there and I'm saying to myself, what about me?" says Cohen. "And I can't --- I can't even tell you how many times he said to me, you know, 'I hate the fact that we did it.' And my comment to him was, "But every person that you've spoken to told you it was the right move."
Asked by Hoffinger about the recording, Cohen said, "I was referring to the payment that I made to Keith Davidson that I made on behalf of Mr. Trump."
"How has telling the truth about what you did with Mr. Trump affected you?" Hoffinger asked.
"My entire life has been turned upside down. I lost my law license, my businesses, my financial security, which I was fortunate early to be able to obtain. My family's happiness is paramount," said Cohen.
Cohen says he spoke 'more than 20' times with Trump about Daniels
Michael Cohen returned to the stand and prosecutors displayed an image of Trump and bodyguard Keith Schiller on Oct. 24, 2016, the night of the phone call Cohen said he had with Trump to finalize the Stormy Daniels deal.
Before showing the image to the jury, prosecutor Susan Hoffinger read a stipulation that the photo came from a video that ended at 7:57 p.m. on that date.
Under additional questioning, Cohen said he had "more than 20" conversations, in person or by phone, with Donald Trump in October 2016 about the Stormy Daniels payoff.
"Do you have any doubt in your mind that Mr. Trump gave you the final signoff [on the Stormy Daniels payment]?" Hoffinger asked.
"No doubt," Cohen said.
"Would you have paid Stormy Daniels $130,000 had Trump not signed off?" Hoffinger asked.
"No ma'am," Cohen said.
"Why not?" Hoffinger asked.
"Because I wanted to ensure I would get my funds back," Cohen said.
Lawyers agree to admit photo under Cohen's testimony
Prosecutors reached a compromise with defense counsel that prevents the need to recall C-SPAN executive Robert Browning to testify.
The state has called Michael Cohen back to the stand to introduce their desired photo evidence through Cohen's testimony.
Defense could present case or wait for tomorrow
Judge Merchan offered to break early today and resume tomorrow morning when C-SPAN executive Robert Browning arrives to testify.
He also gave the defense the option begin presenting its case today.
Defense counsel and Trump huddled over the question.
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.