The debate over jury instructions turned to the definition of "accomplice liability."

Prosecutors argued that jury should be told that Trump can be convicted because he caused false leger entries to be created by Trump Organization employees Jeff McConney and Deb Tarasoff.

Prosecutors said it's a necessary instruction because the defense argued in opening statements that Trump himself did not enter accounting records.

Merchan reserved his decision about "accessorial liability" but said he was inclined to strike the proposed language related to the issue from the final charge.

As the lawyers continue their debate, Trump is flipping through a three-inch stack of papers, some of which appear to be press clippings.

Judge Merchan turned to what he called "the most challenging issue facing us all": how to pronounce "eleemosynary," which he said means "relating to charity." The quip got a laugh from both sides.

Merchan moved to delete the word from the jury instructions, and neither side objected.

The judge moved on to discussing the definition of "intent" as it relates to Trump's conduct.

Defense attorney Emil Bove requested that the jury instruction place "more emphasis" on the elements needed to prove Trump had an intent to defraud when he allegedly falsified documents.

"I am going to stick with the standard language," Merchan replied, shooting down the request.

Judge Merchan heard arguments over how former Trump lawyer Michael Cohen's 2018 guilty plea on charges related to the Stormy Daniels payment should be described to the jury -- whether Cohen "participated" in crimes or was "convicted" of crimes.

The judge said echoed a defense concern that Cohen's convictions could be used to infer that Trump, by proxy, should also be found guilty.

"It seems like to me right now we are really playing with fire and getting close to that," Merchan said.

In general, Merchan reminded the parties, "Where there are standard pattern jury instructions, I don't deviate"

The defense is arguing a candidate's expenses arising from controversies are not necessarily campaign expenses.

Merchan suggests the language should be as follows: "If the payment would have been made, even in the absence of the candidacy, the payment should not be treated as a contribution."

Prosecutors have argued the payment to Stormy Daniels should have been labeled a campaign expenditure because it was meant to protect Trump's electoral prospects in 2016

Merchan reserves his decision on the issue but suggests he would include both proposed sentences from the parties.

A day after Judge Judge Juan Merchan threatened to remove him from the witness stand, former federal prosecutor Robert Costello will resume his testimony this morning as the second witness in Donald Trump's defense case.

Costello is expected to be the final defense witness before Trump's lawyers rest their case today.

Yesterday, Costello told jurors about his meetings and phone calls with Michael Cohen in 2018 after FBI agents raided his office and hotel room. Costello advised Cohen and helped pass messages to the Trump, according to Cohen, but never formally represented him as his lawyer.

"Michael Cohen said, numerous times, that President Trump knew nothing about those payments, that he did this on his own, and he repeated that numerous times," Costello testified about the hush money payment to adult film actress Stormy Daniels that sits at the center of the case.

Cohen told the jury that he lied to Costello about Trump's involvement in the scheme to use hush-money payments to hide information from voters.

Costello's reactions to Judge Merchan after taking the stand yesterday afternoon -- responding "jeez" to a sustained objection, rolling his eyes at the judge, and appearing to staring him down -- prompted Merchan to clear the courtroom before threatening to remove Costello from the witness stand.

While defense lawyers suggested yesterday that they would not call Trump to the witness stand, they will likely have to confirm a final decision about the defendant's testimony -- or lack thereof -- before they rest their case.

Judge Merchan has scheduled a charge conference at 2:15 p.m. ET to hear arguments over how to instruct the jury about the law in the case.