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.


What to know about the hush money case

READ MORE: Here's what you need to know about the historic case.


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Cohen admits he stole from Trump through his reimbursement

Michael Cohen admitted that he stole $30,000 from the Trump Organization when, as part of his reimbursement for the Stormy Daniels reimbursement, he requested $50,000 for a reimbursement for IT services, when Cohen had actually paid $20,000 for the services.

"You stole from the Trump Organization, correct?" defense attorney Todd Blanche asked.

"Yes, sir," Cohen said.

Blanche hammered Cohen, asking if he ever repaid the Trump Organization or "Did you ever have to plead guilty to larceny?"

"No sir," Cohen said.

At the defense table, Trump shook his head and pursed his lips.

Cohen remained calm during this questioning when Blanche raised voiced, almost shouting at Cohen.


Defense seeks to cast doubt on other alleged phone calls

After suggesting last week that Michael Cohen lied about the purpose of a phone call to Trump's security guard Keith Schiller on Oct. 24, 2016, defense attorney Todd Blanche sought to cast doubt on another instance of Cohen's testimony where he said he spoke to Trump about the Stormy Daniels deal -- specifically on two calls that occurred during the 8 a.m. hour on Oct. 26, 2016.

Blanche asked Cohen about what else Trump did that day, including the opening ceremony for one of his buildings in Washington, D.C., and a national television interview, which Cohen said he didn't remember.

"My recollection is that I was speaking to him about Stormy Daniels because that's what he tasked me to take care of," Cohen said.


Defense presses Cohen on how busy he was in 2016

In addition to handling numerous business issues during October 2016, Cohen testified that he tried to help his taxi medallion business partner with his marital problems.

"I tried to assist in bringing them back together as well as talking to him about potential lawyers," Cohen said.

Through this line of cross-examination, defense attorney Blanche is suggesting that Cohen was a very busy man in October 2016 -- potentially casting doubt on his extensive role in the Daniels hush money payment.


Defense suggests Cohen had distractions dealing with Daniels

Defense attorney Todd Blanche suggested that Michael Cohen was juggling multiple other issues in October 2016, at the same time he was arranging the Stormy Daniels hush money payment.

Cohen testified that was resolving issues with his taxi medallion business, handling a loan for one of his investment properties, assisting with the National Diversity Coalition, and helping Tiffany Trump deal with an instance of extortion.

"You agree with me, right, that you had a lot going on both in your personal life and with President Trump in those first two weeks of October?" Blanche asked.

"Yes sir," Cohen said.

Blanche also reminded jurors that Cohen was dealing with harassing phone calls at the time -- referencing his line of questioning last week when he suggested Cohen lied about the purpose of a phone call to Trump's security guard Keith Schiller on Oct. 24, 2016.


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.