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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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Attorney argue over Costello testifying

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.


Prosecution seeks to limit Costello's testimony

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.


Defense calls ex-Cohen attorney Robert Costello

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.


Defense witness introduces evidence regarding phone calls

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.


Cohen tells why he took an additional $30K in reimbursement

On redirect examination, Michael Cohen provided some background on the $30,000 he said he stole from the Trump Organization by overcharging them for work he did with Red Finch -- funds that were paid to him as part of the Stormy Daniels reimbursement payment.

"Red Finch is a technology company that I had asked to assist in a CNBC poll, and the poll was regarding the most famous businessmen in, like, the last century," Cohen said, speaking to the jury. "Mr. Trump's name was on that list and at the beginning of this poll he was polling toward the very bottom. It upset him, so he had me come to his office and he provided me with a sheet of paper."

"I reached out to Red Finch who told me he was able to create an algorithm to ensure that Mr. Trump would rise and rise significantly in this poll. We talked about what number Mr. Trump wanted to finish," Cohen said.

The jury sat in rapt attention as Cohen spoke.

Eventually Trump came in No. 9 but he declined to pay Red Finch because CNBC didn't bother following through with the poll, Cohen said. Cohen ended up paying them -- in a brown paper bag in cash, he said.

"You felt some pressure to make some payment to your friend? Hoffinger asked.

"Yes," Cohen responded.

Asked why he did it, Cohen said, "Well for a long time I had been telling him about the $50,000. ... I was angered because of the reduction in the bonus, and so I just felt it was almost like self help."

"I wasn't going to let him have the benefit this way as well," Cohen said, admitting that it was wrong.