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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Defense says it has no additional witnesses 'at this point'
Asked by Judge Merchan if they have any additional witnesses, defense attorneys responded, "Not at this point."
Prosecutor Susan Hoffinger said she has no more than 45 minutes of cross-examination left when court resumes tomorrow.
The defense will have then some redirect.
'He was putting on quite a show,' Costello says of Cohen
Under cross-examination from prosecutor Susan Hoffinger, Michael Cohen's former attorney Robert Costello testified that he first met with Cohen at the urging of Jeffrey Citron, who scheduled the April 2018 meeting at the Regency Hotel.
Costello -- who has represented Leona Helmsley and George Steinbrenner in the past -- acknowledged that representing Cohen would have generated positive publicity for his law firm. But Costello said he did not have positive feelings about landing Cohen as a client.
"I didn't want him as a client with the firm," Costello said, pushing back on prosecutors' assertions that landing Cohen would have been a big win.
Jurors briefly saw an email where Costello's son congratulated him for landing Cohen as a client.
"Wow. That's big news. Congrats Dad. I hope this leads to a lot of good things coming your way," Costello's son wrote.
Asked about the FBI's raid on Cohen's office and hotel room, Costello said, "I wouldn't use the term raid -- they executed a search warrant."
"He was suicidal that day and acting very manic," Costello said about Cohen's behavior after the FBI searched on his hotel and office.
""You thought he was being a drama queen, didn't you?" Hoffinger asked.
"He was putting on quite a show and he explained to us that two nights before he was on the roof of the Regency Hotel and he was going to jump off and kill himself because he couldn't handle the pressure," Costello said.
Testimony subsequently concluded for the day, with Costello scheduled to return to the stand tomorrow.
Costello testifies that he never pressured Cohen
After Judge Merchan brought the jury back to the courtroom, defense attorney Emil Bove resumed his direct examination. The judge did not reference his admonition of Robert Costello.
Costello testified that Cohen instructed him to contact Rudy Giuliani on June 7, 2018. Jurors saw phone records showing that Cohen and Costello spoke for 46 minutes that day.
Jurors saw another email between Cohen and Costello in June 2018.
"Please remember if you want or need to communicate something, please let me know and I will see that it gets done," Costello wrote.
"Did you ever put any pressure on Michael Cohen to do anything?" Bove asked.
"No," Costello answered.
"Did you ever pressure him to interact with Rudy Giuliani in a certain way?" Bove asked.
"Not at all," Costello said.
Costello added that Cohen never paid his legal bills to Costello's firm.
Costello's direct examination then concluded.
Judge blasts defense witness: 'Don't give me side-eye'
Attempting to rebuff the idea that Michael Cohen's then-attorney Robert Costello was asserting pressure on Cohen not to flip on Trump, Costello testified that Cohen was also trying to get information from him -- a backchannel that went both ways.
"Cohen was trying to get information from Rudy Giuliani?" defense attorney Emil Bove asked.
"That's correct," Costello said.
Following another objection, Costello let out an audible breath then at one point said, "Jeez."
An angry Judge Merchan sent the jury out of the courtroom.
"I'd like to discuss proper decorum in my courtroom," he admonished Costello. "If you don't like my ruling, you don't say 'Jeez,' you don't say 'Strike it,' because I'm the only one who can strike testimony in the court. If you don't like my ruling, you don't give me side-eye and you don't roll your eyes."
Costello said he understood.
Then Merchan abruptly said: "Are you staring me down?"
Merchan, now furious, then ordered the entire courtroom cleared out.
After a resolution was reached, everyone returned to the courtroom.
Attorneys hash out additional jury instructions
Following a break, Judge Merchan told the parties that he had worked through his own notes and asked the lawyers for each side to weigh in on what he might have missed.
The defense sought an instruction about former President Trump regarding bias.
"We don't think that this is necessary, this charge," prosecutor Josh Steinglass said in response. "I don't think instructing the jury that they shouldn't hold bias against the defendant is necessary -- voir dire has satisfied this problem, I think."
The defense also sought an instruction that hush money payments are not inherently illegal. Prosecutors opposed it, arguing the request amounts to the judge making the defense argument for them.
Defense attorney Emil Bove also asked for an instruction that "hush money is not illegal."
"What the defense is asking," Colangelo responded, "is for you to make their argument for them."
The judge agreed with Colangelo, saying that including that language would be "taking it too far."
"I don't think it's necessary," Merchan said.