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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Cohen tells why he took an additional $30K in reimbursement
On redirect examination, Michael Cohen provided some background on the $30,000 he said he stole from the Trump Organization by overcharging them for work he did with Red Finch -- funds that were paid to him as part of the Stormy Daniels reimbursement payment.
"Red Finch is a technology company that I had asked to assist in a CNBC poll, and the poll was regarding the most famous businessmen in, like, the last century," Cohen said, speaking to the jury. "Mr. Trump's name was on that list and at the beginning of this poll he was polling toward the very bottom. It upset him, so he had me come to his office and he provided me with a sheet of paper."
"I reached out to Red Finch who told me he was able to create an algorithm to ensure that Mr. Trump would rise and rise significantly in this poll. We talked about what number Mr. Trump wanted to finish," Cohen said.
The jury sat in rapt attention as Cohen spoke.
Eventually Trump came in No. 9 but he declined to pay Red Finch because CNBC didn't bother following through with the poll, Cohen said. Cohen ended up paying them -- in a brown paper bag in cash, he said.
"You felt some pressure to make some payment to your friend? Hoffinger asked.
"Yes," Cohen responded.
Asked why he did it, Cohen said, "Well for a long time I had been telling him about the $50,000. ... I was angered because of the reduction in the bonus, and so I just felt it was almost like self help."
"I wasn't going to let him have the benefit this way as well," Cohen said, admitting that it was wrong.
On redirect, prosecutors address 2016 phone call
Prosecutor Susan Hoffinger begun her redirect examination of Michael Cohen by attempting to rehabilitate Cohen's testimony about the phone call he said he had with Donald Trump on Oct. 24, 2016.
"Is it possible that other matters may have been discussed on those calls, but you are sure the Stormy Daniels matter was discussed?" Hoffinger asked.
"Yes," Cohen said.
Cohen told jurors that even if he was busy with other matters at the time, he was sure he communicated with Trump about the Stormy Daniels' payment.
Jurors seem fully engaged, several taking notes.
Hoffinger also asked about today's questions by defense attorney Todd Blanche suggesting Cohen was too busy to remember much of anything in 2016.
"Were you too busy in 2016 to finalize the Stormy Daniels payoff with Mr. Trump?" Hoffinger asked.
"No ma'am," Cohen responded.
"Were you too busy to get his approval to make that payment?" Blanche asked.
"No ma'am," Cohen said.
Defense concludes Cohen's cross-examination
"Your testimony remains ... that notwithstanding everything you've said over the years, you have specific recollection of having conversations on the phone with then candidate Donald J. Trump about the Stormy Daniels matter, correct?" defense attorney Todd Blanche asked Michael Cohen as he wrapped up his questioning.
"Yes sir," he replied.
"No doubt in your mind?" Blanche asked.
"No sir," said Cohen.
"No further questions," Blanche said, ending his cross-examination.
Cohen pressed on his financial interest in the case
"Do you have a financial interest in the outcome of this case?" defense attorney Todd Blanche asked Michael Cohen.
"Yes sir," said Cohen, before clarifying.
"I talk about it on my podcast, i talk about it on TikTok, and they make money, and that's how I was viewing your question. Whether he is ultimately determined innocent or guilty is not going to affect whether i speak about it or not."
As Cohen answered, Trump looked on, facing Cohen directly.
Subsequently, Cohen said, "It's better if he's not, for me, because it gives me more to talk about in the future."
The answer drew some laughs in the overflow room.
Defense seeks clarification on effect of 'Access Hollywood' tape
Defense lawyers asked Judge Merchan to include an instruction for jurors that clarifies how prominent Republicans and members of the public reacted to the release of the infamous "Access Hollywood" tape.
Witnesses like Trump aides Hope Hicks and Madeleine Westerhout testified about the effect of the video, which led prominent Republicans like John McCain withdrawing their endorsement of Trump and the Republican National Committee considering finding a new candidate.
Prosecutors pushed back on the defense request, describing it as "confusing" and "unnecessary."
"The nature of the reaction by the Republican Party by other prominent Republican senators by other members of the public -- the fact that was the reaction -- had an impact on the listener being the defendant," prosecutor Josh Steinglass argued.
Prosecutors have argued that the immense public backlash to the Access Hollywood motivated Trump to kill the Stormy Daniels story in the days before the election.
Judge Merchan said he would review the relevant portions of the transcript before making a decision, but said he was inclined to agree with the state, suggesting the proposed instruction would be denied.