LIVE UPDATES

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.


0

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 testifies Cohen told him he had nothing on Trump

Defense witness Robert Costello, who for a time was Michael Cohen's attorney, introduced details of his first meeting with Cohen, saying they first met at the Regency Hotel in Manhattan on April 17, 2018, with attorney Jeffrey Citron.

Cohen "was absolutely manic" during the first meeting, Costello said. The FBI had just raided his home and office.

“I really want you to explain what my options are. What’s my escape route?” Costello said Cohen told him.

Cohen said, "My life is shattered, my family's life is shattered," Costello testified.

Costello said he told Cohen, “This entire legal problem he was facing would be resolved by the end of the week if he had truthful information about Donald Trump and cooperated with the Southern District of New York.”

Costello said that Cohen on multiple occasions said, “I swear to god Bob, I don’t have anything on Donald Trump.”

"Did the topic of Stormy Daniels come up?" defense attorney Emil Bove asked Costello.

Costello said it did, with Cohen telling him, "I don’t understand why they’re trying to put me in jail for some f------ NDAs."