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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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.
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.