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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Cohen tells why he took an additional $30K in reimbursement
On redirect examination, Michael Cohen provided some background on the $30,000 he said he stole from the Trump Organization by overcharging them for work he did with Red Finch -- funds that were paid to him as part of the Stormy Daniels reimbursement payment.
"Red Finch is a technology company that I had asked to assist in a CNBC poll, and the poll was regarding the most famous businessmen in, like, the last century," Cohen said, speaking to the jury. "Mr. Trump's name was on that list and at the beginning of this poll he was polling toward the very bottom. It upset him, so he had me come to his office and he provided me with a sheet of paper."
"I reached out to Red Finch who told me he was able to create an algorithm to ensure that Mr. Trump would rise and rise significantly in this poll. We talked about what number Mr. Trump wanted to finish," Cohen said.
The jury sat in rapt attention as Cohen spoke.
Eventually Trump came in No. 9 but he declined to pay Red Finch because CNBC didn't bother following through with the poll, Cohen said. Cohen ended up paying them -- in a brown paper bag in cash, he said.
"You felt some pressure to make some payment to your friend? Hoffinger asked.
"Yes," Cohen responded.
Asked why he did it, Cohen said, "Well for a long time I had been telling him about the $50,000. ... I was angered because of the reduction in the bonus, and so I just felt it was almost like self help."
"I wasn't going to let him have the benefit this way as well," Cohen said, admitting that it was wrong.
On redirect, prosecutors address 2016 phone call
Prosecutor Susan Hoffinger begun her redirect examination of Michael Cohen by attempting to rehabilitate Cohen's testimony about the phone call he said he had with Donald Trump on Oct. 24, 2016.
"Is it possible that other matters may have been discussed on those calls, but you are sure the Stormy Daniels matter was discussed?" Hoffinger asked.
"Yes," Cohen said.
Cohen told jurors that even if he was busy with other matters at the time, he was sure he communicated with Trump about the Stormy Daniels' payment.
Jurors seem fully engaged, several taking notes.
Hoffinger also asked about today's questions by defense attorney Todd Blanche suggesting Cohen was too busy to remember much of anything in 2016.
"Were you too busy in 2016 to finalize the Stormy Daniels payoff with Mr. Trump?" Hoffinger asked.
"No ma'am," Cohen responded.
"Were you too busy to get his approval to make that payment?" Blanche asked.
"No ma'am," Cohen said.
Defense concludes Cohen's cross-examination
"Your testimony remains ... that notwithstanding everything you've said over the years, you have specific recollection of having conversations on the phone with then candidate Donald J. Trump about the Stormy Daniels matter, correct?" defense attorney Todd Blanche asked Michael Cohen as he wrapped up his questioning.
"Yes sir," he replied.
"No doubt in your mind?" Blanche asked.
"No sir," said Cohen.
"No further questions," Blanche said, ending his cross-examination.
Cohen pressed on his financial interest in the case
"Do you have a financial interest in the outcome of this case?" defense attorney Todd Blanche asked Michael Cohen.
"Yes sir," said Cohen, before clarifying.
"I talk about it on my podcast, i talk about it on TikTok, and they make money, and that's how I was viewing your question. Whether he is ultimately determined innocent or guilty is not going to affect whether i speak about it or not."
As Cohen answered, Trump looked on, facing Cohen directly.
Subsequently, Cohen said, "It's better if he's not, for me, because it gives me more to talk about in the future."
The answer drew some laughs in the overflow room.
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.