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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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Judge issues written decision denying defense's bid for sanctions

In a written order, Judge Juan Merchan has denied a defense motion to sanction prosecutors for the late production of evidence in the case earlier this year.

In March, attorneys for former President Trump requested that Judge Merchan sanction prosecutors and adjourn the trial after federal prosecutors turned over more than 100,000 pages of potential evidence just ahead of the trial. Defense lawyers argued that the prosecutors engaged in "widespread misconduct including the suppression of evidence" and sought to interfere with the 2024 election.

After an in-person hearing on March 25, Merchan denied the request to adjourn the trial and promised to follow up with a written decision, which he issued today.

"This court found that the Defendant would not suffer any prejudice as a result of the document production at issue because the Defendant was given a reasonable amount of time to prepare and respond to the material," the order said.


Appeals court denies defense's bid for judge's recusal

New York's Appellate Division has upheld Judge Juan Merchan's decision not to recuse himself from former President Trump's hush money case.

Trump's defense team had sought Merchan's recusal based on his daughter's work for a consulting firm with Democratic clients.

A panel of appellate judges ruled that Trump failed to prove the judge overstepped his authority by denying a defense motion for recusal.

"Petitioner has failed to establish that the court acted in excess of its jurisdiction by denying his motion," today's order said. "Petitioner also has not established that he has a clear right to recusal."

The judges also found that the defense appeal was procedurally improper since they waited too long to appeal Merchan's August 2023 recusal order, then rushed to the Appellate Division before Merchan ruled on their more recent recusal motion.

The appellate court also upheld Merchan's decision denying Trump's argument that some of his social media posts were covered by presidential immunity.

The appeals court said Trump could include both appeals in its general appeal of the verdict should he be found guilty.

The court also denied Trump's request for a change of venue for the trial, which Trump had sought before the trial began last month.

The former president has repeatedly criticized Judge Merchan as "conflicted" throughout the trial.


Trump says he didn't testify in part because of his 'past'

Donald Trump said Wednesday that he didn't take the stand in his hush money trial because he didn't agree with the judge's rulings -- and because he was seemingly worried about information that could have come out during cross-examination.

"He made rulings that makes it very difficult to testify," Trump said in an interview on WABC Radio, referring to Judge Juan Merchan. "Anything I did, anything I did in the past, they can bring everything up, and you know what, I've had a great past -- but anything."

"The other reason is because they have no case," Trump said. "In other words, why would -- why testify when they have no case?"

Trump had originally indicated he would testify, saying on April 12 that "I would testify, absolutely." But he subsequently appeared to back away from the idea, falsely telling reporters on May 2 that the limited gag order in the case -- which prohibits extrajudicial statements about witnesses and jurors -- prevented him from testifying.

The next day in court, Judge Merchan directly addressed Trump to clarify that he has an "absolute right" to testify and that the limited gag order does not apply to his statements in court.

"I want to stress, Mr. Trump, that you have an absolute right to testify at trial, if that is what you decide to do after consultation with your attorneys," Merchan said.

-Lalee Ibssa, Soo Rin Kim and Kelsey Walsh


In final clash, lawyers spar over retainer instructions

Prosecutor Joshua Steinglass, at the end of the afternoon's pre-charge conference, argued that the jury's instructions should include that retainer agreements are legally required for lawyers to begin conducting work for a client.

Prosecutors have argued that Trump falsified records because he characterized Michael Cohen's hush money reimbursement as legal expenses pursuant to a retainer agreement. Defense lawyers have argued that Cohen was paid by the company for years and never had a retainer agreement with Trump -- or needed to.

"It is in fact the law," Steinglass said about the requirement to have a retainer.

"We don't think that's right, judge," defense attorney Emil Bove responded.

Judge Juan Merchan said he would review the rules before making a decision.

The judge subsequently ended the conference, telling the attorneys he would aim provide them with the final jury instruction by the end of the day Thursday so they can prepare over the weekend, ahead of the jury getting the case next week.

The proceedings will resume on Tuesday morning with summations.


Defense moves for dismissal of case

The defense made a motion for the dismissal of the case, with defense attorney Todd Blanche telling Judge Merchan, "There's absolutely no evidence the filings were false, the business records were false."

When the invoices for Cohen's payment were sent to the Trump Organization there's no evidence they were entered improperly, Blanche said. "At the start, there is absolutely no false business filings. They're accurate business filings," he said.

Trump looked directly at Blanche as the attorney addressed Merchan.

"There's no evidence that there's any intent to defraud by Mr. Trump in connection to these filings," Blanche argued.

"There are no other crimes," defense attorney Todd Blanche argued about the legal standard in the case -- that Trump falsified business records in furtherance of another crime. "There is no evidence that any one was thinking about a campaign finance charge in 2016 when this payment was made to Ms. Daniels."

"The prosecutors have talked in their opening statement and in papers about some sort of conspiracy to influence the election but as the court knows there has to be something illegal about this effort," Blanche said. "There's no evidence from any of the witnesses who testified of any criminal intent."

"There is no way that the court should let this case go to jury relying on Mr. Cohen's testimony," Blanche said "Without Mr. Cohen, there is no case."

Judge Merchan asked if Blanche was calling for him to rule that Cohen's testimony is "not credible as a matter of law."

"Absolutely, that's exactly what we're calling on the court to do," Blanche replied. "He testified, and he lied under oath -- in this courtroom."