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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Prosecutors play recording of Cohen discussing payment
Prosecutor Susan Hoffinger, with Michael Cohen back on the stand, played an Oct. 16, 2017, recording that Cohen secretly made of a conversation with Stormy Daniels' then-attorney Keith Davidson regardin the Stormy Daniels payment.
"What would you do if you were me?" Cohen is heard asking on the recording.
"Ugh. I can't even -- I don't even know. ... I can't even imagine," says Davidson.
"I mean, would you write a book, would you break away from the entire Trump, you know, we'll call it doctrine, you know, would you go completely rouge, would you join with Bannon, you know. What -- I mean any -- any thoughts?" Cohen asks.
"Because it's not just me that's now being affected. It is my entire family. It's, you know -- and the --- there's no -- nobody is thinking about Michael. You understand? And despite what like -- for example, you know, what the earlier conversation, you know, and who else would do that for somebody, who else?" he says on the recording.
" I did [it], because I care about that guy and I wasn't going to play pennywise, pound foolish," COhen says, to which Davidson replied, "Right."
"And I'm sitting there and I'm saying to myself, what about me?" says Cohen. "And I can't --- I can't even tell you how many times he said to me, you know, 'I hate the fact that we did it.' And my comment to him was, "But every person that you've spoken to told you it was the right move."
Asked by Hoffinger about the recording, Cohen said, "I was referring to the payment that I made to Keith Davidson that I made on behalf of Mr. Trump."
"How has telling the truth about what you did with Mr. Trump affected you?" Hoffinger asked.
"My entire life has been turned upside down. I lost my law license, my businesses, my financial security, which I was fortunate early to be able to obtain. My family's happiness is paramount," said Cohen.
Cohen says he spoke 'more than 20' times with Trump about Daniels
Michael Cohen returned to the stand and prosecutors displayed an image of Trump and bodyguard Keith Schiller on Oct. 24, 2016, the night of the phone call Cohen said he had with Trump to finalize the Stormy Daniels deal.
Before showing the image to the jury, prosecutor Susan Hoffinger read a stipulation that the photo came from a video that ended at 7:57 p.m. on that date.
Under additional questioning, Cohen said he had "more than 20" conversations, in person or by phone, with Donald Trump in October 2016 about the Stormy Daniels payoff.
"Do you have any doubt in your mind that Mr. Trump gave you the final signoff [on the Stormy Daniels payment]?" Hoffinger asked.
"No doubt," Cohen said.
"Would you have paid Stormy Daniels $130,000 had Trump not signed off?" Hoffinger asked.
"No ma'am," Cohen said.
"Why not?" Hoffinger asked.
"Because I wanted to ensure I would get my funds back," Cohen said.
Lawyers agree to admit photo under Cohen's testimony
Prosecutors reached a compromise with defense counsel that prevents the need to recall C-SPAN executive Robert Browning to testify.
The state has called Michael Cohen back to the stand to introduce their desired photo evidence through Cohen's testimony.
Defense could present case or wait for tomorrow
Judge Merchan offered to break early today and resume tomorrow morning when C-SPAN executive Robert Browning arrives to testify.
He also gave the defense the option begin presenting its case today.
Defense counsel and Trump huddled over the question.
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.