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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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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.


Judge rejects defense request to admit email as evidence

Judge Merchan has begun hearing arguments about the admissibility of some defense exhibits, including an email communication between Michael Cohen and his one-time attorney Bob Costello's law partner Jeffrey Citron.

Defense attorney Todd Blanche argued that the exhibit could be used to impeach Cohen's testimony.

Judge Merchan said he will not allow the email into evidence. Prosecutors argued that the email was hearsay and cannot fairly offer a window into Cohen's state of mind.

"There is another layer there of hearsay," Merchan said about the email. "I don't see any probative value for impeachment purposes here at all."


Defense says Cohen's repayment was for legitimate legal expense

Throughout his cross-examination this morning, defense attorney Todd Blanche has attempted to legitimize the repayment arrangement between Trump and Cohen in 2017.

Prosecutors have argued that Trump falsified business records by describing a reimbursement for the Stormy Daniels payment and other expenses as payment for legal services pursuant to a retainer agreement, even though Cohen never had a retainer agreement with Trump.

Blanche emphasized all the legal work that Cohen did for Trump and his family in 2017. He also showed the jury an email from Allen Weisselberg, where he requested Cohen to "please prepare the agreement we discussed so we can pay you monthly."

Amid frequent objections, Blanche has referenced the "agreement" mentioned above as a "retainer agreement," though Cohen never had a formal retainer agreement with Trump.

Pursuant to the "agreement," Cohen said he received nine checks directly from Trump in 2017.

"That would have been nine checks -- 35,000 a piece," Cohen said.