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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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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.


'He was putting on quite a show,' Costello says of Cohen

Under cross-examination from prosecutor Susan Hoffinger, Michael Cohen's former attorney Robert Costello testified that he first met with Cohen at the urging of Jeffrey Citron, who scheduled the April 2018 meeting at the Regency Hotel.

Costello -- who has represented Leona Helmsley and George Steinbrenner in the past -- acknowledged that representing Cohen would have generated positive publicity for his law firm. But Costello said he did not have positive feelings about landing Cohen as a client.

"I didn't want him as a client with the firm," Costello said, pushing back on prosecutors' assertions that landing Cohen would have been a big win.

Jurors briefly saw an email where Costello's son congratulated him for landing Cohen as a client.

"Wow. That's big news. Congrats Dad. I hope this leads to a lot of good things coming your way," Costello's son wrote.

Asked about the FBI's raid on Cohen's office and hotel room, Costello said, "I wouldn't use the term raid -- they executed a search warrant."

"He was suicidal that day and acting very manic," Costello said about Cohen's behavior after the FBI searched on his hotel and office.

""You thought he was being a drama queen, didn't you?" Hoffinger asked.

"He was putting on quite a show and he explained to us that two nights before he was on the roof of the Regency Hotel and he was going to jump off and kill himself because he couldn't handle the pressure," Costello said.

Testimony subsequently concluded for the day, with Costello scheduled to return to the stand tomorrow.