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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Judge blasts defense witness: 'Don't give me side-eye'
Attempting to rebuff the idea that Michael Cohen's then-attorney Robert Costello was asserting pressure on Cohen not to flip on Trump, Costello testified that Cohen was also trying to get information from him -- a backchannel that went both ways.
"Cohen was trying to get information from Rudy Giuliani?" defense attorney Emil Bove asked.
"That's correct," Costello said.
Following another objection, Costello let out an audible breath then at one point said, "Jeez."
An angry Judge Merchan sent the jury out of the courtroom.
"I'd like to discuss proper decorum in my courtroom," he admonished Costello. "If you don't like my ruling, you don't say 'Jeez,' you don't say 'Strike it,' because I'm the only one who can strike testimony in the court. If you don't like my ruling, you don't give me side-eye and you don't roll your eyes."
Costello said he understood.
Then Merchan abruptly said: "Are you staring me down?"
Merchan, now furious, then ordered the entire courtroom cleared out.
After a resolution was reached, everyone returned to the courtroom.
Costello says Cohen said Trump knew nothing of Daniels payment
Michael Cohen's former attorney, Robert Costello, testified that in their initial meeting on April 17, 2018, Cohen said Trump did not know about the payment to Stormy Daniels.
"Michael Cohen said numerous times that President Trump knew nothing about those payments, that he did this on his own, and he said that numerous times," Costello testified.
"Jeez," Costello muttered when Judge Merchan sustained an objection following another question.
The judge had earlier instructed Costello to wait until an objection was resolved before answering the question.
Costello testifies Cohen told him he had nothing on Trump
Defense witness Robert Costello, who for a time was Michael Cohen's attorney, introduced details of his first meeting with Cohen, saying they first met at the Regency Hotel in Manhattan on April 17, 2018, with attorney Jeffrey Citron.
Cohen "was absolutely manic" during the first meeting, Costello said. The FBI had just raided his home and office.
“I really want you to explain what my options are. What’s my escape route?” Costello said Cohen told him.
Cohen said, "My life is shattered, my family's life is shattered," Costello testified.
Costello said he told Cohen, “This entire legal problem he was facing would be resolved by the end of the week if he had truthful information about Donald Trump and cooperated with the Southern District of New York.”
Costello said that Cohen on multiple occasions said, “I swear to god Bob, I don’t have anything on Donald Trump.”
"Did the topic of Stormy Daniels come up?" defense attorney Emil Bove asked Costello.
Costello said it did, with Cohen telling him, "I don’t understand why they’re trying to put me in jail for some f------ NDAs."
Judge agrees to allow limited testimony from Costello
Judge Merchan, after returning to the bench, agrees to give defense attorney Emil Bove "some latitude" to explore with witness Robert Costello the pressure campaign that Michael Cohen spoke.
"I’m not going to allow this to become a trial within a trial ... that's not the purpose of this trial, and I'm not going to let it become that," the judge said.
The defense called Robert Costello to the stand.
Judge considers whether Daniels payment was campaign expense
The defense is arguing a candidate's expenses arising from controversies are not necessarily campaign expenses.
Merchan suggests the language should be as follows: "If the payment would have been made, even in the absence of the candidacy, the payment should not be treated as a contribution."
Prosecutors have argued the payment to Stormy Daniels should have been labeled a campaign expenditure because it was meant to protect Trump's electoral prospects in 2016
Merchan reserves his decision on the issue but suggests he would include both proposed sentences from the parties.