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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Jurors see Costello emails critical of Cohen
Seeking to painting a picture of the machinations behind what Michael Cohen called a "pressure campaign" to keep him in the Trump fold as investigators closed in on him, prosecutor Susan Hoffinger displayed an email from Michael Cohen's then-legal adviser Robert Costello to Costello's law partner in which Costello wrote that Cohen "continues to slow play us and the president -- is he totally nuts???"
"I am in a golf tournament tomorrow early and again on Sunday. What should I say to this a------ ? He is playing with the most powerful man on the planet," Costello wrote.
"That email certainly speaks for itself, does it not, Mr. Costello?" Hoffiner asked.
"Yes it does," Costello said.
Costello insisted that he was not working to advance Trump's interests and denied the suggestion that he "lost control" of Cohen.
Costello email discussed getting 'Cohen on the right page'
Prosecutors displayed an email from Michael Cohen's then-legal adviser Robert Costello to Costello's law partner Jeffrey Citron from Aug. 8, 2018, in which Costello shared a link to a Fox News story about Rudy Giuliani joining Trump's legal team.
"All the more reason for Cohen to hire me because of my connection to Giuliani, which I mentioned to him in our meeting," he wrote.
In another email, Costello said, "Our issue is to get Cohen on the right page without giving him the appearance that we are following instructions from Giuliani or the President. In my opinion this is the clear correct strategy."
Questioned on the witness stand about that email, Costello told prosecutor Susan Hoffinger that he wanted "to get everybody on the same page because Michael Cohen had been complaining incessantly that Rudy Giuliani was making statements in the press that Michael Cohen didn't approve of."
Costello told Hoffinger he has other emails clarifying that, "which I'd be delighted to tell you."
"That's all right," Hoffinger replied snarkily.
The gallery laughed, prompting a court officer to yell, "Quiet!"
Costello's cross-examination already appearing tense
Only a few minutes into prosecutor Susan Hoffinger's cross-examination of Michael Cohen's former legal adviser Robert Costello, their exchanges are already sounding tense.
Hoffinger attempted to confirm that Costello boasted about his relationship with Rudy Giuliani, but Costello denied he did so during his first meeting with Cohen.
"You are quoting from an email that is much later," Costello said.
"I am not quoting from an email," Hoffinger replied.
Hoffinger then asked Costello about his relationship with Giuliani.
"He's been to your wedding?" Hoffinger asked.
"Yes he was," Costello said.
Costello retakes the stand
“Let’s get the witness please,” Judge Juan Merchan said after taking the bench.
Michael Cohen's one-time legal adviser Robert Costello entered the courtroom and took the witness stand to continue his cross-examination.
“Good Morning, Mr. Costello. Welcome back,” Judge Merchan said.
Defense argues Cohen's tax crime isn't relevant
Defense attorney Emil Bove argued that the jury should not consider Michael Cohen's tax crimes as one of the crimes Trump advanced by allegedly falsifying business records when he repaid Cohen for the Stormy Daniels hush payment.
Bove argued that Cohen was unaware of the alleged tax crimes when then-Trump Organization CFO Allen Weisselberg "grossed up" his reimbursement to accommodate for taxes on the payment.
Cohen testified he did not think of the tax law at the time, telling jurors, "I just wanted to get my money back."