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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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.
Prosecution rests its case
Defense attorney Todd Blanche, on redirect examination, asked Michael Cohen about the photograph of Trump and bodyguard Keith Schiller together on Oct. 24, 2016, at 7:57 p.m.
"Your testimony is still, just so I understand, is in that 90 seconds you spoke to Mr. Schiller about the problem you were having with the 14-year-old, got him to agree to take care of it," and also had time to talk to speak about Daniels to Trump.
Cohen stood by his testimony.
Cohen also testified again that his $420,000 payment in 2017 was a reimbursement, not a payment for legal services.
"It was a reimbursement -- it wasn't a payment for your services?" Blanche asked.
"Correct," Cohen said.
Blanche attempted to cast doubt on that claim by highlighting Trump's frugality.
"Did he overpay for things regularly?" Blanche asked.
"No, sir," Cohen said.
Cohen then concluded his testimony and the state rested its case.
"Your honor, the People rest," Steinglass said.
Costello email discussed getting 'Cohen on the right page'
Prosecutors displayed an email from Michael Cohen's then-legal adviser Robert Costello to Costello's law partner Jeffrey Citron from Aug. 8, 2018, in which Costello shared a link to a Fox News story about Rudy Giuliani joining Trump's legal team.
"All the more reason for Cohen to hire me because of my connection to Giuliani, which I mentioned to him in our meeting," he wrote.
In another email, Costello said, "Our issue is to get Cohen on the right page without giving him the appearance that we are following instructions from Giuliani or the President. In my opinion this is the clear correct strategy."
Questioned on the witness stand about that email, Costello told prosecutor Susan Hoffinger that he wanted "to get everybody on the same page because Michael Cohen had been complaining incessantly that Rudy Giuliani was making statements in the press that Michael Cohen didn't approve of."
Costello told Hoffinger he has other emails clarifying that, "which I'd be delighted to tell you."
"That's all right," Hoffinger replied snarkily.
The gallery laughed, prompting a court officer to yell, "Quiet!"