In a sidebar, Trump's attorney told Judge Merchan want to use ex-Cohen attorney Robert Costello to push back on Cohen's claims that he was worried about speaking to Costello because he was worried it would get back to Trump.

"That's not Mr. Costello's recollection," defense attorney Emil Bove said. "To rebut the government's pressure campaign theory -- that's why this evidence is admissible."

Bove told Merchan that Costello would testify that Cohen told him that Trump had no awareness of the Stormy Daniels' hush money payment.

Earlier today, Cohen testified that he lied to Costello about Trump's awareness because he did not trust Costello.

"The whole purpose was to make Mr. Trump sound threatening," Bove said.

"I don't think so," Merchan responded.

Prosecutor Susan Hoffinger argued that defense lawyers did not include Costello on their witness list or provide the exhibits related to his testimony.

"Rebutting the pressure campaign should have been part of their direct case," Hoffinger said.

Merchan called a brief recess to consider the arguments but ordered the parties to remain in the courtroom.

The prosecution objected to the defense calling Robert Costello, Michael Cohen's former attorney to the stand.

Out of earshot of the jury, prosecutor Susan Hoffinger asked Judge Merchan to omit Costello or limit his testimony to two questions.

"I think there's very limited testimony that's permissible here if at all," Hoffinger said.

The defense said it wants to use Costello to rebut Cohen's testimony about a "pressure campaign" carried out against him not to flip on Trump after Cohen made Stormy Daniels payment.

Costello, a longtime Trump ally, testified before the grand jury in March 2023 as an exculpatory witness at the request of Trump's attorneys.

On cross-examination, prosecutor Becky Mangold quizzed defense witness Daniel Sitko about the technical process for putting together the summary chart from cell phone records.

The defense attempted to show through the call summary that Cohen and his then-attorney Robert Costello spoke 75 times. On cross-examination, the defense paralegal conceded it wasn't quite that many.

After Sitko stepped off the witness stand, the defense called Robert Costello himself.

The defense called Daniel Sitko, a paralegal for defense attorney Todd Blanche.

Sitko introduced a summary chart of phone calls between Michael Cohen, his one-time attorney Robert Costello, and the law firm of Davidoff Hutcher & Citron.

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.