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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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Cohen asked about communication with reporters

Defense attorney Todd Blanche opened today's questioning by asked Cohen about his communication with reporters.

"Since that time [when your last testimony ended], how many reporters have you talked to?" Blanche asked.

Cohen said he's spoken to reporters "who called to say hello, to see how I'm doing," but that he didn't talk about the case.

"Didn't speak at all about your testimony last week?" Blanche asked.

"Correct," Cohen responded.

As Cohen resumed his testimony, jurors appeared attentive, with several taking notes. Trump sat slouched at his chair with his eyes closed.


Michael Cohen retakes witness stand

Following the break, former Trump attorney Michael Cohen has entered the courtroom.

He took his seat in the witness box to resume his cross-examination as Trump looked on.


Attorneys conference at bench on discovery issue

Defense attorney Todd Blanche asked to approach the bench about an ongoing discovery issue.

Both legal teams leaned in as Blanche spoke to the judge.

With the sidebar completed, the judge called for a ten-minute break.


Judge won't let defense expand expert witness' testimony

Judge Merchan denied a request from defense lawyers to broaden the scope of testimony from their expert witness Bradley Smith, who is an expert on campaign finance regulations.

On Thursday, defense lawyers asked Merchan to allow Smith to testify about various terms related to federal campaign finance laws. Merchan denied the request, citing long standing precedent prohibiting witness testimony about the law.

"An expert is not permitted to present or interpret the law," Merchan said.

Merchan also expressed concerns about Smith's testimony prompting a "battle of the experts" between Smith and an expert called by prosecutors, which Merchan said would confuse the jury.

Merchan said that Smith could still testify, as long as he follows the limits imposed in his pretrial ruling on the case's motions in limine.

"The court will monitor this testimony closely to ensure full compliance," Merchan said in a pretrial ruling. "Any deviation from this ruling could result in sanction up to and including striking the expert's entire testimony."

Trump, sitting at the defense table, shook his head after the judge announced his ruling.


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.