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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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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.


Prosecutors play recording of Cohen discussing payment

Prosecutor Susan Hoffinger, with Michael Cohen back on the stand, played an Oct. 16, 2017, recording that Cohen secretly made of a conversation with Stormy Daniels' then-attorney Keith Davidson regardin the Stormy Daniels payment.

"What would you do if you were me?" Cohen is heard asking on the recording.

"Ugh. I can't even -- I don't even know. ... I can't even imagine," says Davidson.

"I mean, would you write a book, would you break away from the entire Trump, you know, we'll call it doctrine, you know, would you go completely rouge, would you join with Bannon, you know. What -- I mean any -- any thoughts?" Cohen asks.

"Because it's not just me that's now being affected. It is my entire family. It's, you know -- and the --- there's no -- nobody is thinking about Michael. You understand? And despite what like -- for example, you know, what the earlier conversation, you know, and who else would do that for somebody, who else?" he says on the recording.

" I did [it], because I care about that guy and I wasn't going to play pennywise, pound foolish," COhen says, to which Davidson replied, "Right."

"And I'm sitting there and I'm saying to myself, what about me?" says Cohen. "And I can't --- I can't even tell you how many times he said to me, you know, 'I hate the fact that we did it.' And my comment to him was, "But every person that you've spoken to told you it was the right move."

Asked by Hoffinger about the recording, Cohen said, "I was referring to the payment that I made to Keith Davidson that I made on behalf of Mr. Trump."

"How has telling the truth about what you did with Mr. Trump affected you?" Hoffinger asked.

"My entire life has been turned upside down. I lost my law license, my businesses, my financial security, which I was fortunate early to be able to obtain. My family's happiness is paramount," said Cohen.


Cohen says he spoke 'more than 20' times with Trump about Daniels

Michael Cohen returned to the stand and prosecutors displayed an image of Trump and bodyguard Keith Schiller on Oct. 24, 2016, the night of the phone call Cohen said he had with Trump to finalize the Stormy Daniels deal.

Before showing the image to the jury, prosecutor Susan Hoffinger read a stipulation that the photo came from a video that ended at 7:57 p.m. on that date.

Under additional questioning, Cohen said he had "more than 20" conversations, in person or by phone, with Donald Trump in October 2016 about the Stormy Daniels payoff.

"Do you have any doubt in your mind that Mr. Trump gave you the final signoff [on the Stormy Daniels payment]?" Hoffinger asked.

"No doubt," Cohen said.

"Would you have paid Stormy Daniels $130,000 had Trump not signed off?" Hoffinger asked.

"No ma'am," Cohen said.

"Why not?" Hoffinger asked.

"Because I wanted to ensure I would get my funds back," Cohen said.


Lawyers agree to admit photo under Cohen's testimony

Prosecutors reached a compromise with defense counsel that prevents the need to recall C-SPAN executive Robert Browning to testify.

The state has called Michael Cohen back to the stand to introduce their desired photo evidence through Cohen's testimony.


Costello to resume testimony, defense expected to rest its case

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.