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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Judge considers whether Daniels payment was campaign expense
The defense is arguing a candidate's expenses arising from controversies are not necessarily campaign expenses.
Merchan suggests the language should be as follows: "If the payment would have been made, even in the absence of the candidacy, the payment should not be treated as a contribution."
Prosecutors have argued the payment to Stormy Daniels should have been labeled a campaign expenditure because it was meant to protect Trump's electoral prospects in 2016
Merchan reserves his decision on the issue but suggests he would include both proposed sentences from the parties.
Judge to reserve decision on whether jury must find conduct 'willful'
Defense attorney Emil Bove argued that Judge Merchan should tell the jury it must find Trump acted willfully in order to convict.
The district attorney's office argued the jury must find Trump acted unlawfully, not necessarily criminally.
Judge Merchan said he would reserve his decision about whether to include "willful" in the jury charge
Trump was alert and attentive at the start of this afternoon's session, whispering to his attorney Todd Blanche. Now his eyes are closed.
Judge Merchan, ticking through each of the proposed edits to the jury instructions, appears to be focused on making sure the instructions are clear and understandable for the jury.
"We want to make it as easy as possible for the jury," he said.
Judge declines to tell jury about lack of contribution limits
Judge Merchan declined to add a sentence to the jury charge that there was no limit on Trump's personal contributions to his political campaign in 2015 and 2016.
Defense attorney Emil Bove argued that the line would have told the jury that Trump “could have paid this out of his personal expenses without issue.”
But prosecutors argued that the line was “extraneous” because Trump made the Stormy Daniels payment reimbursement from the Trump Organization, not out of his personal funds.
“It has nothing to do with the case,” Colangelo said.
Defense argues prosecutors have failed to show criminality
Defense attorney Emil Bove began the conference by arguing for a jury instruction describing the alleged conspiracy as civil, not criminal.
According to Bove, prosecutors have failed to show that the alleged conspiracy had a criminal object.
“It’s only a crime if it has a criminal object,” Bove said. "To be a criminal conspiracy, there must be a criminal object.”
Parties argue about Trump's presence at 2015 meeting
Discussing the August 2015 meeting in Trump Tower where prosecutors say Trump, Michael Cohen and then-National Enquirer publisher David Pecker agreed to the criminal conspiracy, defense attorney Emil Bove argued Trump's "mere presence" at a 2015 meeting at Trump Tower with David Pecker and Michael Cohen where the alleged conspiracy was hatched "could very much be part of the defense here."
Bove said "there's nothing criminal about that at all," despite prosecutors arguing it's where the catch-and-kill scheme originated.
Prosecutor Matthew Colangelo argued there is no way the jury could interpret the meeting as a "high minded conversation about democracy."