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 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.
Cohen asked about communication with reporters
Defense attorney Todd Blanche opened today's questioning by asked Cohen about his communication with reporters.
"Since that time [when your last testimony ended], how many reporters have you talked to?" Blanche asked.
Cohen said he's spoken to reporters "who called to say hello, to see how I'm doing," but that he didn't talk about the case.
"Didn't speak at all about your testimony last week?" Blanche asked.
"Correct," Cohen responded.
As Cohen resumed his testimony, jurors appeared attentive, with several taking notes. Trump sat slouched at his chair with his eyes closed.
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.