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.
Top headlines:
What to know about the hush money case
READ MORE: Here's what you need to know about the historic case.
Michael Cohen retakes witness stand
Following the break, former Trump attorney Michael Cohen has entered the courtroom.
He took his seat in the witness box to resume his cross-examination as Trump looked on.
Attorneys conference at bench on discovery issue
Defense attorney Todd Blanche asked to approach the bench about an ongoing discovery issue.
Both legal teams leaned in as Blanche spoke to the judge.
With the sidebar completed, the judge called for a ten-minute break.
Judge won't let defense expand expert witness' testimony
Judge Merchan denied a request from defense lawyers to broaden the scope of testimony from their expert witness Bradley Smith, who is an expert on campaign finance regulations.
On Thursday, defense lawyers asked Merchan to allow Smith to testify about various terms related to federal campaign finance laws. Merchan denied the request, citing long standing precedent prohibiting witness testimony about the law.
"An expert is not permitted to present or interpret the law," Merchan said.
Merchan also expressed concerns about Smith's testimony prompting a "battle of the experts" between Smith and an expert called by prosecutors, which Merchan said would confuse the jury.
Merchan said that Smith could still testify, as long as he follows the limits imposed in his pretrial ruling on the case's motions in limine.
"The court will monitor this testimony closely to ensure full compliance," Merchan said in a pretrial ruling. "Any deviation from this ruling could result in sanction up to and including striking the expert's entire testimony."
Trump, sitting at the defense table, shook his head after the judge announced his ruling.
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."
Merchan rules state doesn't have to prove 2 separate intents
The defense failed to convince Judge Merchan to add a layer of intent that prosecutors have to prove.
Merchan told the parties he was "concerned about" a proposed addition by defense attorneys related to Trump's intent to defraud.
The defense proposed including an instruction that the state "must establish beyond a reasonable doubt two separate intents" for Trump to commit crimes -- for both falsifying records and the other crime Trump furthered with the falsification.
"This proposed language is just inconsistent with the text of the statute," prosecutor Matthew Colangelo argued.
Merchan said he was inclined to use the standard instruction, excluding the proposed defense addition.
"That second level of intent ... is incorporated by reference to the first," Merchan said.