Trump trial: Judge rebukes Michael Cohen ahead of expected testimony Monday
Former President Trump was in court on Day 15 of his criminal trial in New York.
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 seeks to distance Trump from CFO, repayments
Seeking to distance Trump from his then-Trump Organization CFO Allen Weisselberg -- and thus the repayment arrangement for Michael Cohen -- defense attorney Susan Necheles asked Trump White House aide Madeleine Westerhout, "I'm correct that you don't ever have a recollection of Donald Trump and Allen Weisselberg speaking in his first year in office?"
"That's correct, yes," Westerhout responded.
Meanwhile, a long week of testimony appears to have caught up with some of the jurors, several of whom appear to be stifling yawns.
All 18 were leaning back into their chairs as attorneys gathered at the bench for a sidebar conference.
Defense asks Westerhout about Trump's contact list
After taking the stand yesterday, Trump White House aide Madeleine Westerhout is back undergoing cross-examination by defense attorney Susan Necheles.
After asking Westerhout about her time at the Republican National Committee, where Westerhout worked before joining the Trump Administration, Necheles quickly changes topics, asking Westerhout about a list of contacts that Trump Organization executive assistant Rhona Graff shared with Westerhout in 2017.
Jurors yesterday saw the list of likely contacts -- which included Tom Brady, Bret Baier, Sean Hannity, Jerry Falwell, Bill O'Reilly, and Joe Scarborough. Prosecutors emphasized that the list included Michael Cohen, Allen Weisselberg, and David Pecker.
"There were many people on that list who never called the Oval Office?" Necheles asked Westerhout.
"Many, yes," Westerhout responded.
Judge quashes defense subpoena in written order
In an written order issued this morning, Judge Juan Merchan quashed the defense's attempt to subpoena former Manhattan Assistant District Attorney Mark Pomerantz.
Pomerantz resigned from the Manhattan district attorney's office in 2022, not long after DA Alvin Bragg opted not to pursue his case against Trump.
Pomerantz later wrote a book about his investigation, and defense lawyers issued multiple requests for his records related to the book and files from his time with the Manhattan DA's office.
In his ruling, Merchan said that Trump's requests were too broad, sought irrelevant information, and were procedurally improper. He wrote some of the requests were "far too broad and amount to an improper fishing expedition into general discovery."
Trump arrives in court
Donald Trump has entered the courtroom carrying a stack of papers.
He immediately took his seat at the defense table.
He is joined in court today by the woman who runs his presidential campaign, Susie Wiles, and his legal adviser Boris Ephsteyn.
Judge suggests Weisselberg could testify
With the jury out of the courtroom, defense lawyer Emil Bove argued that Judge Merchan should not allow former Trump Organization CFO Allen Weisselberg's severance agreement with the company to get into evidence.
Weisselberg, who is currently serving a five-month sentence on New York's Rikers Island for committing perjury during Trump's civil fraud trial, he received a $2 million severance agreement from the Trump Organization.
Prosecutor Christopher Conroy argued the separation agreement "offers a real explanation for why he is not going to be here in this trial."
"We just respectfully disagree with that," Bove responded, saying Weisselberg is not testifying because the district attorney's office pursued a perjury case against him.
Judge Merchan did not issue a ruling on the matter but suggested the parties might have "jumped the gun" by suggesting Weisselberg can't testify "without making an effort to get him here."
As an alternative, Merchan suggested that Weisselberg could testify outside the presence of the jury before determining the appropriate next step.