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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Cohen says he's considered running for Congress
When cross-examination resumed following the mid-morning break, Michael Cohen testified that he is considering a run for Congress.
"Going after President Trump, that's your name recognition?" defense attorney Todd Blanche asked.
"My name recognition is because of the journey I've been on." Cohen answered. "It is affiliated to Mr. Trump -- yes -- not because of Mr. Trump."
"Your journey includes near-daily attacks on President Trump?" Blanche asked.
Eventually Cohen conceded, "Yes sir."
Cohen says he asked for Giuliani's help in getting payment
Michael Cohen told jurors that he requested that his then-attorney Robert Costello reach out to Rudy Giuliani to get help paying for his own defense lawyers after Cohen's office and hotel room were raided by the FBI in 2018.
"The payment was not being made in accordance with the invoices," Cohen said about his own legal bills, which were initially covered by the Trump Organization after the FBI raid that resulted in part from Cohen's involvement in the Stormy Daniels arrangement.
Cohen said he asked Costello to tell Giuliani to communicate the payment issue to Trump.
"I expressed to him that the nonpayment was becoming an issue," Cohen said. "To, yes, let Mr. Giuliani know to pass it along to Mr. Trump that it is becoming an issue."
Cohen confirmed that he received approximately $4 million from his consulting work between 2017 and 2018.
Court was subsequently recessed for the mid-morning break.
Defense presses Cohen on his communication with Costello
Testifying about Robert Costello, Michael Cohen's attorney for a period until Cohen ended the association, Cohen initially said he spoke with Costello approximately a dozen times over the phone in 2018.
When defense attorney Todd Blanche suggested they actually spoke on the phone 75 times, Cohen responded, "It seems excessive but possible."
Blanche suggested that some of their phone calls lasted more than 30 minutes. According to Blanche, Cohen and Costello spoke for a total of nine hours over the course of a few months in 2018.
Cohen says he asked Robert Costello to ask Giuliani for info
Last week, Michael Cohen testified that he did not trust Robert Costello to be his lawyer because he worried any information shared with him would get to Rudy Giuliani and then get to Trump.
But Cohen testified today that he took advantage of that back channel -- including asking Costello to ask Giuliani to try to learn more about the origins of the federal investigation that led to the search of Cohen's office and hotel room.
“I spoke with the person you asked me to and he said he would find out exactly how the matter ended up in the SDNY and in particular who in Main Justice approved this,” Costello wrote in an email to Cohen on April 23, 2018.
Cohen confirmed the “person” mentioned above was Rudy Giuliani.
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.