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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Cohen details consulting work he did in 2017
Defense attorney Todd Blanche asked Cohen about the large sums of money he made through his consulting work with other companies in 2017 -- an apparent effort to legitimize the money Cohen made from Trump as the being the result of legal work.
Cohen testified he was paid $600,000 by AT&T in 2017, communicating with them just 20 times.
"And there's nothing wrong with that?" Blanche asked.
"I don't believe so," Cohen said.
Cohen said he was paid $100,000 per month from Novartis, $100,000 per month from an aerospace company, and $150,000 a month from a bank.
Cohen was also paid $50,000 by a company in 2017 to help restart a nuclear power plant formerly run by the Tennessee Valley Authority.
On direct examination, Cohen had testified he did less than 10 hours of work or Trump in 2017 -- an attempt by prosecutors to cast doubt on the fact that the payments Cohen received were for any legitimate legal work.
Blanche appears to be trying to rebut those assertions by painting Trump's payments as just another one of Cohen's lucrative consulting jobs, in which he made hundreds of thousands of dollars while doing little work for his clients.
Defense says Cohen's repayment was for legitimate legal expense
Throughout his cross-examination this morning, defense attorney Todd Blanche has attempted to legitimize the repayment arrangement between Trump and Cohen in 2017.
Prosecutors have argued that Trump falsified business records by describing a reimbursement for the Stormy Daniels payment and other expenses as payment for legal services pursuant to a retainer agreement, even though Cohen never had a retainer agreement with Trump.
Blanche emphasized all the legal work that Cohen did for Trump and his family in 2017. He also showed the jury an email from Allen Weisselberg, where he requested Cohen to "please prepare the agreement we discussed so we can pay you monthly."
Amid frequent objections, Blanche has referenced the "agreement" mentioned above as a "retainer agreement," though Cohen never had a formal retainer agreement with Trump.
Pursuant to the "agreement," Cohen said he received nine checks directly from Trump in 2017.
"That would have been nine checks -- 35,000 a piece," Cohen said.
Defense asks Cohen about taking job as president's attorney
Defense attorney Todd Blanche entered another email into evidence, and it was displayed on the courtroom monitors.
It's Cohen's good-bye email to the Trump Organization on Jan. 27, 2017, announcing he will be "personal attorney to potus." "I cannot express how difficult it is for me to write this farewell e-mail," it begins.
In the email, Cohen said he is starting "a new journey," and that he is "truly excited" to begin new position as personal attorney to Trump as president. He reminisced about first taking the job there and moving into Ivanka's old office.
Blanche asked Cohen about his effort to spread the word about his new role as Trump's personal attorney.
"You told everybody that was happening, correct?" Blanche said.
"Not everybody, but I certainly was proud of the role and I announced it," Cohen said.
"You told TMZ?" Blanche asked.
"Yes, sir," Cohen said.
"You told the New York Times?" Blanche asked.
"Yes, sir," Cohen said.
"You actually gave them a little scoop on it?" Blanche asked.
"Yes, sir," Cohen said.
"You went on TV and told Sean Hannity about it?" Blanche asked.
"Yes, sir," Cohen said.
Jury sees chummy email between Cohen, Weisselberg
Jurors saw a chummy email between Michael Cohen and then-Trump Organization CFO Allen Weisselberg in January 2017 in which Cohen and Weisselberg discussed the Stormy Daniels repayment arrangement.
"Thank you. You never stopped on [sic] for a bro hug," Weisselberg wrote to Cohen.
"Anyway please prepare the agreement we discussed so we can pay you monthly."
Trump, at the defense table, hunched forward and examined the email as it was displayed on his monitor.
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.