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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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."
I won't 'change the law,' judge tells defense regarding jury charge
Defense attorney Emil Bove tried to make the argument that this particular case is unusual because Trump is not a typical defendant.
Prosecutor Matthew Colangelo responded that's precisely why the standard language should be used.
"No one is above the law," he said.
Judge Merchan settled the matter and ruled against the defense.
"I understand what you mean when you say it's an important case," he said. "But what you're asking me to do is to change the law, and I'm not going to do that."
Parties argue about Trump's presence at 2015 meeting
Discussing the August 2015 meeting in Trump Tower where prosecutors say Trump, Michael Cohen and then-National Enquirer publisher David Pecker agreed to the criminal conspiracy, defense attorney Emil Bove argued Trump's "mere presence" at a 2015 meeting at Trump Tower with David Pecker and Michael Cohen where the alleged conspiracy was hatched "could very much be part of the defense here."
Bove said "there's nothing criminal about that at all," despite prosecutors arguing it's where the catch-and-kill scheme originated.
Prosecutor Matthew Colangelo argued there is no way the jury could interpret the meeting as a "high minded conversation about democracy."
Merchan rules state doesn't have to prove 2 separate intents
The defense failed to convince Judge Merchan to add a layer of intent that prosecutors have to prove.
Merchan told the parties he was "concerned about" a proposed addition by defense attorneys related to Trump's intent to defraud.
The defense proposed including an instruction that the state "must establish beyond a reasonable doubt two separate intents" for Trump to commit crimes -- for both falsifying records and the other crime Trump furthered with the falsification.
"This proposed language is just inconsistent with the text of the statute," prosecutor Matthew Colangelo argued.
Merchan said he was inclined to use the standard instruction, excluding the proposed defense addition.
"That second level of intent ... is incorporated by reference to the first," Merchan said.
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.