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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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Judge rejects defense request to admit email as evidence

Judge Merchan has begun hearing arguments about the admissibility of some defense exhibits, including an email communication between Michael Cohen and his one-time attorney Bob Costello's law partner Jeffrey Citron.

Defense attorney Todd Blanche argued that the exhibit could be used to impeach Cohen's testimony.

Judge Merchan said he will not allow the email into evidence. Prosecutors argued that the email was hearsay and cannot fairly offer a window into Cohen's state of mind.

"There is another layer there of hearsay," Merchan said about the email. "I don't see any probative value for impeachment purposes here at all."


Judge says summations will likely happen next Tuesday

"Good morning Mr. Trump," Judge Juan Merchan said as he gaveled in the proceedings.

"It's become apparent that we are not going to be able to sum up tomorrow," the judge said after taking the bench.

Merchan said it's more likely summations will take place next Tuesday, after procedural matters and the Memorial Day break.

"Either have a long break now or a long break then, and unfortunately the calendar is what it is," the judge said.


Trump, prosecutors enter courtroom

Prosecutors have entered the courtroom for Day 19 of the trial.

Trump has arrived with his entourage.

Before entering, the former president addressed reporters but ignored their questions about whether he'll testify in the trial.


Prosecution could rest its case this morning

Donald Trump's former attorney Michael Cohen returns to the witness stand this morning for the final time before prosecutors rest their case against the former president in his criminal hush money trial.

Prosecutors could rest their case later this morning.

Defense attorneys have not yet declared who they plan to call to testify -- including whether Trump will testify in his own defense.

Cohen, the prosecution's last major witness, is expected to complete his cross-examination by Trump's defense team before lunch.

Proceedings are scheduled to get underway at 8:45 a.m. ET with arguments over the admission of additional exhibits, after which the jury is expected back in court at 9:30 a.m.


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.