Trump trial: Cohen faces Trump team grilling over past lies, recollections
The defense questioned Trump's former lawyer on Day 18 of the hush money trial.
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.
Top headlines:
- No decision yet about Trump testifying
- Defense argues Cohen's lack of retainer agreement was not an issue
- Defense accuses Cohen of lying about Trump phone call
- Defense challenges Cohen on past perjury
- Cohen says Trump approved payment of $420K, paid monthly
- Jury hears secret recording of Trump discussing payment
What to know about the hush money case
READ MORE: Here's what you need to know about the historic case.
Trump takes fight over gag order to NY's highest court
Former President Trump has asked New York's highest court to rescind the limited gag order that prevents him from commenting publicly about witnesses, jurors and lawyers in his ongoing criminal trial, according to a new court filing.
The filing is sealed, but is the next step after an intermediate appeals court yesterday upheld the order imposed by trial Judge Juan Merchan.
Trump has frequently attacked the judge, which is permitted, and has called the limited gag order unconstitutional.
In its ruling yesterday, the intermediate appellate court said that Merchan had appropriately balanced Trump's free speech rights with the court's need to control the trial.
There was no immediate comment from the Manhattan DA's office.
-ABC News' Katherine Faulders contributed to this report
Defense hasn't decided if Trump will testify, per transcript
According to a transcript of the day's court proceedings released this evening, Donald Trump and his attorneys have not yet decided if the former president will testify at his trial.
The transcript included a private sidebar conference held this morning, during which Judge Juan Merchan asked defense lawyers about Trump's possible testimony.
"And do you have any indication whether your client is going to testify?" Merchan asked defense attorney Todd Blanche.
"No," Blanche replied.
"No determination yet?" Merchan asked.
"No," Blanche said.
The conversation happened outside of the earshot of reporters and members of the jury.
Trump says he had a 'very good day' in court
Speaking to reporters after exiting the courtroom, former President Trump was asked about today's testimony, as well as if he plans to testify during the trial.
"As you know, I'm under a gag order. So I can't really answer those very simple questions that you're asking," Trump said, referring to the order that prohibits him from making public comments about jurors, witnesses and lawyers in the case, but does not keep him from discussing the case itself.
"We'd love to not be in the gag order. I'm the Republican nominee for president. I'm leading in every poll, and I have a gag order."
Recapping his day in court, Trump said, "We had a very, I think, a very good day and important to see what's happening and you'll have to record it because I can't talk about it too much."
"We had a very good day. I think we're exposing the scam for what it is," he said.
-ABC News' Kelsey Walsh and Mike Pappano
Cohen leaves court without looking Trump's way
Michael Cohen, his testimony done for the day, left the courtroom without looking at Trump.
During a bench conference, defense attorney Todd Blanche said he wants to explore with the court and the opposing counsel the admissibility of a defense expert witness before deciding whether to call him.
The judge set a conference to take place Thursday at 4 p.m. ET, after the jury is excused slightly early for the day.
Asked about Thursday's timing for the remainder of his cross-examination of Cohen, Blanche told the judge, "If I finish, it's at the end of the day."
The rest of the parties then departed the courtroom.
Defense argues Cohen's lack of retainer agreement was not an issue
After affirming he worked on "The Apprentice" and did personal work for Trump and members of his family, Michael Cohen confirmed he has never had a retainer agreement with Trump or his company.
"In the whole time you worked for the Trump Organization, you never had a retainer agreement?" defense attorney Todd Blanche asked.
"I never had a retainer agreement," Cohen said.
"And you never had a retainer agreement with any of those individuals, did you?" Blanche asked.
"Correct, Cohen answered.
"And the reason why you didn't have a retainer agreement is because you didn't need one?" Blanche asked. "You knew you were going to get paid?"
"Yes," Cohen said.
"You didn't have to worry when you did personal work for Donald Trump Jr. about the retainer agreement because you were getting paid by the Trump Organization, correct?" Blanche said.
"Correct," Cohen replied.
Blanche suggested there was "nothing wrong" with Cohen never having retainer agreement -- including when Cohen submitted invoices for legal work in 2017. At that time in 2017, Cohen was working as a private lawyer for Trump, separate from the Trump Organization.
Prosecutors have argued that Trump falsified records when he paid Cohen for legal services pursuant to a retainer agreement in 2017.
Blanche subsequently concluded his questioning for the day, with Cohen's cross-examination scheduled to continue on Monday.
Cohen did not look at Trump when he exited the courtroom.