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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.
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Judge to reserve decision on whether jury must find conduct 'willful'
Defense attorney Emil Bove argued that Judge Merchan should tell the jury it must find Trump acted willfully in order to convict.
The district attorney's office argued the jury must find Trump acted unlawfully, not necessarily criminally.
Judge Merchan said he would reserve his decision about whether to include "willful" in the jury charge
Trump was alert and attentive at the start of this afternoon's session, whispering to his attorney Todd Blanche. Now his eyes are closed.
Judge Merchan, ticking through each of the proposed edits to the jury instructions, appears to be focused on making sure the instructions are clear and understandable for the jury.
"We want to make it as easy as possible for the jury," he said.
Judge declines to tell jury about lack of contribution limits
Judge Merchan declined to add a sentence to the jury charge that there was no limit on Trump's personal contributions to his political campaign in 2015 and 2016.
Defense attorney Emil Bove argued that the line would have told the jury that Trump “could have paid this out of his personal expenses without issue.”
But prosecutors argued that the line was “extraneous” because Trump made the Stormy Daniels payment reimbursement from the Trump Organization, not out of his personal funds.
“It has nothing to do with the case,” Colangelo said.
Defense argues prosecutors have failed to show criminality
Defense attorney Emil Bove began the conference by arguing for a jury instruction describing the alleged conspiracy as civil, not criminal.
According to Bove, prosecutors have failed to show that the alleged conspiracy had a criminal object.
“It’s only a crime if it has a criminal object,” Bove said. "To be a criminal conspiracy, there must be a criminal object.”
Parties are back in court for pre-charge conference
Judge Merchan is back on the bench, and the parties -- including Trump -- are seated at the counsel tables for the pre-charge conference that will help determine the jury instructions.
Trump, seated next to attorney Susan Necheles, has a pile of papers in front of him.
Costello testifies that he never pressured Cohen
After Judge Merchan brought the jury back to the courtroom, defense attorney Emil Bove resumed his direct examination. The judge did not reference his admonition of Robert Costello.
Costello testified that Cohen instructed him to contact Rudy Giuliani on June 7, 2018. Jurors saw phone records showing that Cohen and Costello spoke for 46 minutes that day.
Jurors saw another email between Cohen and Costello in June 2018.
"Please remember if you want or need to communicate something, please let me know and I will see that it gets done," Costello wrote.
"Did you ever put any pressure on Michael Cohen to do anything?" Bove asked.
"No," Costello answered.
"Did you ever pressure him to interact with Rudy Giuliani in a certain way?" Bove asked.
"Not at all," Costello said.
Costello added that Cohen never paid his legal bills to Costello's firm.
Costello's direct examination then concluded.