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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What to know about the hush money case
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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.
Trump, Don Jr. are in the courtroom
Former President Trump has arrived in the courtroom.
His son Don Jr., accompanying him to this trial for the first time, is seated in the front row of the gallery.
Trump, prosecutors arrive for proceedings
The prosecution team has entered the courtroom for today's proceedings.
Former President Trump has arrived at the courthouse.
Trump not expected to testify, sources say
Former President Trump is not expected to take the stand in his criminal hush money trial, sources familiar with the matter tell ABC News.
It's possible that Trump could make a last-minute decision to testify, so sources caution that nothing is final until the defense rests its case.
Trump's lawyers have indicated publicly that Robert Costello, Michael Cohen's one-time legal adviser, is expected to be their last witness before they rest their case today.
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.