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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Attorneys hash out additional jury instructions
Following a break, Judge Merchan told the parties that he had worked through his own notes and asked the lawyers for each side to weigh in on what he might have missed.
The defense sought an instruction about former President Trump regarding bias.
"We don't think that this is necessary, this charge," prosecutor Josh Steinglass said in response. "I don't think instructing the jury that they shouldn't hold bias against the defendant is necessary -- voir dire has satisfied this problem, I think."
The defense also sought an instruction that hush money payments are not inherently illegal. Prosecutors opposed it, arguing the request amounts to the judge making the defense argument for them.
Defense attorney Emil Bove also asked for an instruction that "hush money is not illegal."
"What the defense is asking," Colangelo responded, "is for you to make their argument for them."
The judge agreed with Colangelo, saying that including that language would be "taking it too far."
"I don't think it's necessary," Merchan said.
Defense argues Cohen's tax crime isn't relevant
Defense attorney Emil Bove argued that the jury should not consider Michael Cohen's tax crimes as one of the crimes Trump advanced by allegedly falsifying business records when he repaid Cohen for the Stormy Daniels hush payment.
Bove argued that Cohen was unaware of the alleged tax crimes when then-Trump Organization CFO Allen Weisselberg "grossed up" his reimbursement to accommodate for taxes on the payment.
Cohen testified he did not think of the tax law at the time, telling jurors, "I just wanted to get my money back."
I won't 'change the law,' judge tells defense regarding jury charge
Defense attorney Emil Bove tried to make the argument that this particular case is unusual because Trump is not a typical defendant.
Prosecutor Matthew Colangelo responded that's precisely why the standard language should be used.
"No one is above the law," he said.
Judge Merchan settled the matter and ruled against the defense.
"I understand what you mean when you say it's an important case," he said. "But what you're asking me to do is to change the law, and I'm not going to do that."
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."
Prosecutors press Cohen on legality of Daniels' NDA
On redirect examination, prosecutor Susan Hoffinger asked Michael Cohen about his testimony on cross-examination that nondisclosure agreements are perfectly legal and that the contract with Stormy Daniels was also legal.
Hoffinger sought to emphasize how out of the ordinary this particular NDA was.
"Under the circumstances of this NDA with Stormy Daniels -- was that perfectly legal under those circumstances?" Hoffinger asked, referring to efforts to affect the 2016 election.
"No ma'am," Cohen said.