Trump hush money trial: Trump found guilty on all counts in historic case
Trump was found guilty on all 34 felony counts in his hush money trial.
Former President Donald Trump has been found guilty on all 34 felony counts 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 convicted 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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Trump guilty on all 34 counts
Defense says there was no 'tight conspiracy'
Defense attorney Todd Blanche sought to undermine a key moment in the state's story of the case -- the White House meeting in February 2017, in which Cohen said he and Trump discussed the plan to repay him.
Blanche showed jurors an email in which Cohen asked a Trump Organization employee to remind him what the agreed-upon monthly sum would be, which was sent less than a week after the meeting.
Blanche said the email demonstrated that there was no discussion of an agreement -- no "tight conspiracy."
"Six days later Cohen doesn't even know how much he's supposed to be paid,' Blanche said.
He also argued against the idea that the parties conspired to win the election.
"It doesn't matter if there was a conspiracy to try and win an election," Blanche said. "By the way, even that -- even if you find that's true -- that's still not enough. It doesn't matter if there was a conspiracy to try to win an election. Every campaign in this country is a conspiracy to promote a candidate."
'Where's the intent to defraud?' defense asks
Defense attorney Todd Blanche shifted his argument to the prosecution's burden to prove criminal intent, "Like a conscious objective. A purpose to defraud. There is no evidence of that ladies and gentlemen," Blanche said. "Where's the intent to defraud on the part of President Trump?"
"President Trump is not guilty. But I expect you're going to hear from Judge Merchan that there's something else that has to be proven beyond a reasonable doubt ... the government has to prove to you that President Trump caused these entries ... with an intent to defraud."
"There is no evidence of that," Blanche said. "Were's the intent to defraud on the part of President Trump?"
Displaying Michael Cohen's 1099 form, Blanche said, "If there was some deep-rooted intent to defraud, why do you think it was reported to the IRS as what it was? (Payments) to Michael Cohen, as Trump's personal attorney?"
"The Trump Organization disclosed these payments to the IRS," Blanche said.
State showed no evidence of tax crime, defense says
Defense attorney Todd Blanche told jurors not to believe that Trump participated in a tax crime by "grossing up" Cohen's reimbursement to account for taxes.
Prosecutors have suggested Trump acted to advance another crime -- potentially the alleged tax crime -- when he falsified business records.
"I expect the government is going to tell you there might have been some tax scheme," Blanche said. "You saw no evidence of the tax treatment from anybody."
Referring to the bank statement where then-Trump Organization CFO Allen Weisselberg and Michael Cohen took handwritten notes about the repayment arrangement, Cohen said the document was "full of lies."
"So what proof do you have? What actual evidence do you have that this gross-up was anything to do with taxes? … There's none," he said.
Defense says Cohen never would have worked for free
Returning to the testimony of former Trump attorney Michael Cohen, defense attorney Todd Blanche asked jurors, "How is the government going to ask you to convict President Trump based on the words of Michael Cohen?"
Blanche insisted to jurors that if the payments were all for repaying Cohen, that would mean Michael Cohen was working for free in 2017 -- something he said he never would have done.
"You saw him on the stand for three days -- do you believe that for a second?," Blanche asked. "That after getting stiffed on his bonus in 2016 … do you think that Michael Cohen thought, 'I'mgoing to work for free?'"
"Is that the man that testified, or was that a lie?" Blanche asked. "That is absurd!" he nearly shouted.
Judge addresses how to handle an untruthful witness
Judge Merchan told the jury that they have the ultimate authority in determining the truthfulness of a witness' testimony -- an instruction that might come in handy given the emphasis that defense lawyers placed on Michael Cohen's testimony, which they say includes lies.
"You will alone determine the truthfully and the accuracy of the testimony of each witness," Merchan said.
He added that the jury could either disregard the testimony of an untruthful witness entirely, or disregard part of it.
"There is no particular formula" to determine credibility, Merchan said.
"You may consider whether the witness has any interest in the outcome of the case," he said -- another matter that might weigh on jurors' minds.
"You may consider whether a witness did have, or did not have, a motive to lie," the judge said.
Trump's attorney had told the jury Cohen had an "axe to grind" against his former boss. Prosecutors partially conceded that Cohen had a motive, acknowledging that, to date, he is the only one who suffered any consequences from the matter at hand.
Trump, at the defense table, appeared to look over to the jury and offer a bit of a closed-mouth grin.