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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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.


Trump's son Don Jr. expected to attend trial

Former President Donald Trump is expected to be joined by his son Don Jr. in court today.

It would mark the first time Don Jr. has attended the trial.

As has been the case over the last several days in court, a number of Republican lawmakers are expected to attend today's proceedings in support of Trump.


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.