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.


What to know about the hush money case

READ MORE: Here's what you need to know about the historic case.


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Defense says it has no additional witnesses 'at this point'

Asked by Judge Merchan if they have any additional witnesses, defense attorneys responded, "Not at this point."

Prosecutor Susan Hoffinger said she has no more than 45 minutes of cross-examination left when court resumes tomorrow.

The defense will have then some redirect.


'He was putting on quite a show,' Costello says of Cohen

Under cross-examination from prosecutor Susan Hoffinger, Michael Cohen's former attorney Robert Costello testified that he first met with Cohen at the urging of Jeffrey Citron, who scheduled the April 2018 meeting at the Regency Hotel.

Costello -- who has represented Leona Helmsley and George Steinbrenner in the past -- acknowledged that representing Cohen would have generated positive publicity for his law firm. But Costello said he did not have positive feelings about landing Cohen as a client.

"I didn't want him as a client with the firm," Costello said, pushing back on prosecutors' assertions that landing Cohen would have been a big win.

Jurors briefly saw an email where Costello's son congratulated him for landing Cohen as a client.

"Wow. That's big news. Congrats Dad. I hope this leads to a lot of good things coming your way," Costello's son wrote.

Asked about the FBI's raid on Cohen's office and hotel room, Costello said, "I wouldn't use the term raid -- they executed a search warrant."

"He was suicidal that day and acting very manic," Costello said about Cohen's behavior after the FBI searched on his hotel and office.

""You thought he was being a drama queen, didn't you?" Hoffinger asked.

"He was putting on quite a show and he explained to us that two nights before he was on the roof of the Regency Hotel and he was going to jump off and kill himself because he couldn't handle the pressure," Costello said.

Testimony subsequently concluded for the day, with Costello scheduled to return to the stand tomorrow.


Costello testifies that he never pressured Cohen

After Judge Merchan brought the jury back to the courtroom, defense attorney Emil Bove resumed his direct examination. The judge did not reference his admonition of Robert Costello.

Costello testified that Cohen instructed him to contact Rudy Giuliani on June 7, 2018. Jurors saw phone records showing that Cohen and Costello spoke for 46 minutes that day.

Jurors saw another email between Cohen and Costello in June 2018.

"Please remember if you want or need to communicate something, please let me know and I will see that it gets done," Costello wrote.

"Did you ever put any pressure on Michael Cohen to do anything?" Bove asked.

"No," Costello answered.

"Did you ever pressure him to interact with Rudy Giuliani in a certain way?" Bove asked.

"Not at all," Costello said.

Costello added that Cohen never paid his legal bills to Costello's firm.

Costello's direct examination then concluded.


Judge blasts defense witness: 'Don't give me side-eye'

Attempting to rebuff the idea that Michael Cohen's then-attorney Robert Costello was asserting pressure on Cohen not to flip on Trump, Costello testified that Cohen was also trying to get information from him -- a backchannel that went both ways.

"Cohen was trying to get information from Rudy Giuliani?" defense attorney Emil Bove asked.

"That's correct," Costello said.

Following another objection, Costello let out an audible breath then at one point said, "Jeez."

An angry Judge Merchan sent the jury out of the courtroom.

"I'd like to discuss proper decorum in my courtroom," he admonished Costello. "If you don't like my ruling, you don't say 'Jeez,' you don't say 'Strike it,' because I'm the only one who can strike testimony in the court. If you don't like my ruling, you don't give me side-eye and you don't roll your eyes."

Costello said he understood.

Then Merchan abruptly said: "Are you staring me down?"

Merchan, now furious, then ordered the entire courtroom cleared out.

After a resolution was reached, everyone returned to the courtroom.


Trump says he didn't testify in part because of his 'past'

Donald Trump said Wednesday that he didn't take the stand in his hush money trial because he didn't agree with the judge's rulings -- and because he was seemingly worried about information that could have come out during cross-examination.

"He made rulings that makes it very difficult to testify," Trump said in an interview on WABC Radio, referring to Judge Juan Merchan. "Anything I did, anything I did in the past, they can bring everything up, and you know what, I've had a great past -- but anything."

"The other reason is because they have no case," Trump said. "In other words, why would -- why testify when they have no case?"

Trump had originally indicated he would testify, saying on April 12 that "I would testify, absolutely." But he subsequently appeared to back away from the idea, falsely telling reporters on May 2 that the limited gag order in the case -- which prohibits extrajudicial statements about witnesses and jurors -- prevented him from testifying.

The next day in court, Judge Merchan directly addressed Trump to clarify that he has an "absolute right" to testify and that the limited gag order does not apply to his statements in court.

"I want to stress, Mr. Trump, that you have an absolute right to testify at trial, if that is what you decide to do after consultation with your attorneys," Merchan said.

-Lalee Ibssa, Soo Rin Kim and Kelsey Walsh