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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What to know about the hush money case
READ MORE: Here's what you need to know about the historic case.
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 are back in court for pre-charge conference
Judge Merchan is back on the bench, and the parties -- including Trump -- are seated at the counsel tables for the pre-charge conference that will help determine the jury instructions.
Trump, seated next to attorney Susan Necheles, has a pile of papers in front of him.
Prosecution could rest its case this morning
Donald Trump's former attorney Michael Cohen returns to the witness stand this morning for the final time before prosecutors rest their case against the former president in his criminal hush money trial.
Prosecutors could rest their case later this morning.
Defense attorneys have not yet declared who they plan to call to testify -- including whether Trump will testify in his own defense.
Cohen, the prosecution's last major witness, is expected to complete his cross-examination by Trump's defense team before lunch.
Proceedings are scheduled to get underway at 8:45 a.m. ET with arguments over the admission of additional exhibits, after which the jury is expected back in court at 9:30 a.m.