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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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Judge denies defense language related to 'advice of counsel'

Judge Merchan flatly told the defense that former President Trump could not make an advice-of-counsel argument.

The judge said the defense was being "disingenuous" by raising it now when Trump was given a deadline months ago to say whether he would invoke the defense that, in his conduct, he was relying on the advice of lawyers.

"It was concerning when notice was not given initially. It was concerning when the term was changed to 'presence of counsel.' I couldn't believe when I saw in your submission, 'involvement of counsel,'" Merchan told the defense regarding their efforts to advance that argument.

"My ruling is the jury will not hear that instruction from the bench, nor are you permitted to make that argument, period," Merchan said.

"I am not being disingenuous with Your Honor," defense attorney Emil Bove said before he attempted to argue in favor of the defense.

"You said that already, Mr. Bove," Merchan said. "This is an argument you have been advancing for many many months. ... It is denied. It is not going to happen."

Trump, at the defense table, scribbled a note and passed it to defense attorney Todd Blanche.


Judge will keep original instructions on Cohen's guilty plea

The defense returned to the question of Michael Cohen's 2018 guilty plea and AMI's non-prosecution agreement with the federal government.

Defense attorney Emil Bove called it a "critical issue" the jury could infer Trump's guilt based on his association with Cohen and AMI executive David Pecker.

Prosecutor Josh Steinglass called the curative language the defense suggested "outrageous," and Judge Merchan said he would stick to what he told the jury during the evidentiary phase of the trial: That the guilty plea of Cohen and the non-prosecution agreement of AMI could be used to judge witness credibility -- but could not be used as an inference of the defendant's guilt.


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.


Attorneys hash out additional jury instructions

Following a break, Judge Merchan told the parties that he had worked through his own notes and asked the lawyers for each side to weigh in on what he might have missed.

The defense sought an instruction about former President Trump regarding bias.

"We don't think that this is necessary, this charge," prosecutor Josh Steinglass said in response. "I don't think instructing the jury that they shouldn't hold bias against the defendant is necessary -- voir dire has satisfied this problem, I think."

The defense also sought an instruction that hush money payments are not inherently illegal. Prosecutors opposed it, arguing the request amounts to the judge making the defense argument for them.

Defense attorney Emil Bove also asked for an instruction that "hush money is not illegal."

"What the defense is asking," Colangelo responded, "is for you to make their argument for them."

The judge agreed with Colangelo, saying that including that language would be "taking it too far."

"I don't think it's necessary," Merchan said.


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.