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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Defense rests its case following Costello testimony
"You still have a lot of animosity against Michael Cohen," prosecutor Susan Cohen Hoffinger asked Michael Cohen's then-legal adviser Robert Costello after displaying emails from 2018.
"I don't have animosity but --," Costello replied before being cut off.
"Yes or no," Hoffinger said.
Hoffinger then asked Costello bluntly if he was trying to "intimidate" Cohen regarding his 2018 congressional testimony.
"Intimidate Michael Cohen?" Costello asked incredulously.
"Yes, that's my question," Hoffinger repeated firmly.
"Ridiculous, no," Costello responded.
Hoffinger then concluded her cross-examination, which was followed by a brief redirect.
"Your honor, the defense rests," the defense team told Judge Merchan.
Former President Trump did not end up taking the stand in his own defense.
Jurors see Costello emails critical of Cohen
Seeking to painting a picture of the machinations behind what Michael Cohen called a "pressure campaign" to keep him in the Trump fold as investigators closed in on him, prosecutor Susan Hoffinger displayed an email from Michael Cohen's then-legal adviser Robert Costello to Costello's law partner in which Costello wrote that Cohen "continues to slow play us and the president -- is he totally nuts???"
"I am in a golf tournament tomorrow early and again on Sunday. What should I say to this a------ ? He is playing with the most powerful man on the planet," Costello wrote.
"That email certainly speaks for itself, does it not, Mr. Costello?" Hoffiner asked.
"Yes it does," Costello said.
Costello insisted that he was not working to advance Trump's interests and denied the suggestion that he "lost control" of Cohen.
Costello email discussed getting 'Cohen on the right page'
Prosecutors displayed an email from Michael Cohen's then-legal adviser Robert Costello to Costello's law partner Jeffrey Citron from Aug. 8, 2018, in which Costello shared a link to a Fox News story about Rudy Giuliani joining Trump's legal team.
"All the more reason for Cohen to hire me because of my connection to Giuliani, which I mentioned to him in our meeting," he wrote.
In another email, Costello said, "Our issue is to get Cohen on the right page without giving him the appearance that we are following instructions from Giuliani or the President. In my opinion this is the clear correct strategy."
Questioned on the witness stand about that email, Costello told prosecutor Susan Hoffinger that he wanted "to get everybody on the same page because Michael Cohen had been complaining incessantly that Rudy Giuliani was making statements in the press that Michael Cohen didn't approve of."
Costello told Hoffinger he has other emails clarifying that, "which I'd be delighted to tell you."
"That's all right," Hoffinger replied snarkily.
The gallery laughed, prompting a court officer to yell, "Quiet!"
Costello's cross-examination already appearing tense
Only a few minutes into prosecutor Susan Hoffinger's cross-examination of Michael Cohen's former legal adviser Robert Costello, their exchanges are already sounding tense.
Hoffinger attempted to confirm that Costello boasted about his relationship with Rudy Giuliani, but Costello denied he did so during his first meeting with Cohen.
"You are quoting from an email that is much later," Costello said.
"I am not quoting from an email," Hoffinger replied.
Hoffinger then asked Costello about his relationship with Giuliani.
"He's been to your wedding?" Hoffinger asked.
"Yes he was," Costello said.
Judge rejects defense request to admit email as evidence
Judge Merchan has begun hearing arguments about the admissibility of some defense exhibits, including an email communication between Michael Cohen and his one-time attorney Bob Costello's law partner Jeffrey Citron.
Defense attorney Todd Blanche argued that the exhibit could be used to impeach Cohen's testimony.
Judge Merchan said he will not allow the email into evidence. Prosecutors argued that the email was hearsay and cannot fairly offer a window into Cohen's state of mind.
"There is another layer there of hearsay," Merchan said about the email. "I don't see any probative value for impeachment purposes here at all."