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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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Prosecution seeks to limit Costello's testimony
The prosecution objected to the defense calling Robert Costello, Michael Cohen's former attorney to the stand.
Out of earshot of the jury, prosecutor Susan Hoffinger asked Judge Merchan to omit Costello or limit his testimony to two questions.
"I think there's very limited testimony that's permissible here if at all," Hoffinger said.
The defense said it wants to use Costello to rebut Cohen's testimony about a "pressure campaign" carried out against him not to flip on Trump after Cohen made Stormy Daniels payment.
Costello, a longtime Trump ally, testified before the grand jury in March 2023 as an exculpatory witness at the request of Trump's attorneys.
Defense calls ex-Cohen attorney Robert Costello
On cross-examination, prosecutor Becky Mangold quizzed defense witness Daniel Sitko about the technical process for putting together the summary chart from cell phone records.
The defense attempted to show through the call summary that Cohen and his then-attorney Robert Costello spoke 75 times. On cross-examination, the defense paralegal conceded it wasn't quite that many.
After Sitko stepped off the witness stand, the defense called Robert Costello himself.
Defense witness introduces evidence regarding phone calls
The defense called Daniel Sitko, a paralegal for defense attorney Todd Blanche.
Sitko introduced a summary chart of phone calls between Michael Cohen, his one-time attorney Robert Costello, and the law firm of Davidoff Hutcher & Citron.
Prosecution rests its case
Defense attorney Todd Blanche, on redirect examination, asked Michael Cohen about the photograph of Trump and bodyguard Keith Schiller together on Oct. 24, 2016, at 7:57 p.m.
"Your testimony is still, just so I understand, is in that 90 seconds you spoke to Mr. Schiller about the problem you were having with the 14-year-old, got him to agree to take care of it," and also had time to talk to speak about Daniels to Trump.
Cohen stood by his testimony.
Cohen also testified again that his $420,000 payment in 2017 was a reimbursement, not a payment for legal services.
"It was a reimbursement -- it wasn't a payment for your services?" Blanche asked.
"Correct," Cohen said.
Blanche attempted to cast doubt on that claim by highlighting Trump's frugality.
"Did he overpay for things regularly?" Blanche asked.
"No, sir," Cohen said.
Cohen then concluded his testimony and the state rested its case.
"Your honor, the People rest," Steinglass said.
Jury sees chummy email between Cohen, Weisselberg
Jurors saw a chummy email between Michael Cohen and then-Trump Organization CFO Allen Weisselberg in January 2017 in which Cohen and Weisselberg discussed the Stormy Daniels repayment arrangement.
"Thank you. You never stopped on [sic] for a bro hug," Weisselberg wrote to Cohen.
"Anyway please prepare the agreement we discussed so we can pay you monthly."
Trump, at the defense table, hunched forward and examined the email as it was displayed on his monitor.