By Katherine Fung and Alex Backus
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Closing arguments are scheduled to begin next Tuesday in the criminal hush money trial against former President Donald Trump. Live updates have ended.
May 21, 2024 at 04:48 PM EDT
Court adjourns until next week
Court is now adjourning and will not be back until after the Memorial Day weekend.
Here's a look at how next week could play out: On Tuesday, May 28, the jury will return and closing arguments are expected. Court may go later than the typical 4:30 p.m. time as summations are expected to take quite a bit of time.
While court is usually off on Wednesdays, it may continue on May 29. If so, closing arguments will wrap up, if needed. The jury will then hear the charges and Merchan hopes deliberations can begin.
May 21, 2024 at 04:44 PM EDT
Judge compliments Trump attorney on cross-examination
Judge Juan Merchan offered Trump attorney Emil Bove some praise for his cross-examination of the forensic expert who extracted the data from Michael Cohen's two phones.
"You did a very effective job of cross-examining that witness," Merchan told Bove. Merchan was referencing Douglas Daus, who processes digital evidence for the Manhattan District Attorney's office.
While Merchan said Bove did an "excellent job," he will not give juror instructions that some data may have been lost or deleted.
May 21, 2024 at 04:42 PM EDT
Judge tells Trump attorney he’s being “disingenuous”
Judge Juan Merchan and lawyers for both sides have been discussing jury instructions for the past two hours.
Judge Juan Merchan told Trump attorney Emil Bove he's being "disingenuous" by continuing to make the same advice of counsel argument even after the judge rejected it. He said jurors would not hear that instruction from the bench and that Trump's team would not be allowed to make that defense.
Bove tried to respond, specifically to the "disingenuous" remark, but Merchan cut him off, telling him it's an argument the attorney's been "advancing for many, many months" and that it was denied.
"Please don't raise it," the judge warned.
May 21, 2024 at 03:07 PM EDT
Language concerns over Michael Cohen’s crimes
The group is now discussing language about Michael Cohen's crimes.
The defense requests using the terms "participated in a crime" and the name "Cohen." The prosecution wants to use "participated in and convicted of two crimes" and the term "accomplice." Merchan signals he's concerned that the jury will tie former President Donald Trump to Cohen's convictions.
"It seems to me, right now, we're really playing with fire," the judge says, stressing that the court does not want to show any prejudice toward Trump.
Trump attorney Emil Bove suggests making "crimes" plural, Merchan agrees. However, the judge still expresses skepticism about the mention of a conviction.
Merchan sticks with using "accomplice" after the People point out it's from the usual Criminal Jury Instructions (CJI) for New York. He says he doesn't "deviate" from it where there's standard instructions.
May 21, 2024 at 02:36 PM EDT
Trump: “There is no crime”
Former President Donald Trump addressed the media before walking into court, again saying there is "no crime."
"There is no crime, so maybe they'll try and devise one right now," Trump told reporters. "The judge, he'll help them out, because the judge has been very helpful to the other side."
The former president also added that he can't say what he'd really like to say because he's "gagged."
May 21, 2024 at 02:32 PM EDT
Judge, attorneys discuss jury instructions
Good afternoon. Judge Juan Merchan and lawyers from both the prosecution and defense are back in the courtroom to discuss jury instructions.
Right now, lawyers are discussing the language regarding federal election law. "The other crime here is the election law violation," prosecutor Matthew Colangelo argues.
Trump attorney Emil Bove says the defense wants the jury to understand that Trump could have paid the hush money out of his own pocket. Colangelo argues it "has nothing to do" with this case and could confuse the jury. Merchan sides with the prosecution.
May 21, 2024 at 11:53 AM EDT
Don Jr: “What’s going on here is an absolute farce”
Former President Donald Trump's eldest son, Don Jr., made his first court appearance during the hush money trial today. Shortly after the defense rested, he slammed the trial and its "disastrous precedent."
"What's going on here is an absolute farce," Don Jr. said during a press conference, standing alongside other Trump allies. Prosecutors' star witness Michael Cohen is a "nine times convicted liar and now an admitted thief, that is who they're hanging the entire case on. The other one happens to be a porn star," Don Jr. continued. Monday, Cohen admitted to stealing $30,000 from the Trump Organization.
The case is setting a "disastrous precedent for our legal system for justice in America. If it can happen to Donald Trump... with a platform, hundreds of millions of followers, the ability to fight, they will do it to anyone," he said.
May 21, 2024 at 11:36 AM EDT
Who testified in the hush money trial?
It's day 20 of the criminal hush money trial against former President Donald Trump and both sides have rested. This afternoon will be important as Judge Juan Merchan will discuss what can be included in the jury charging instructions.
Let's quickly recap what's transpired over the last few weeks:
Week 1: The jury was selected. Here's what we know about the jurors.
Weeks 2-6: Witness testimony. Prosecutors called 20 witnesses to testify, the defense called two. Some took the stand briefly to introduce evidence, others answered questions for several days. Former National Enquirer publisher David Pecker and prosecutors' star witness Michael Cohen were on the stand for the most amount of time. They were the DA's office first and last witnesses, respectively.
Who did prosecutors call to testify?
- David Pecker, former National Enquirer publisher
- Rhona Graff, longtime Trump assistant
- Gary Farro, Michael Cohen's former banker
- Dr. Robert Browning, executive director of C-SPAN archives
- Phillip Thompson, from court reporting company Esquire Deposition Solutions
- Keith Davidson, attorney for adult film star Stormy Daniels and former Playboy model Karen McDougal
- Douglas Daus, processes digital evidence for the Manhattan District Attorney's office
- Georgia Longstreet, paralegal for New York County's DA's office
- Hope Hicks, former top Trump aide
- Jeffrey McConney, former Trump Organization controller
- Deborah Tarasoff, Trump Organization accounts payable supervisor
- Sally Franklin, senior vice president and managing editor at Penguin Random House publishing group
- Stormy Daniels, adult film star
- Rebecca Manochio, junior bookkeeper at the Trump Organization
- Tracy Menzies, HarperCollins
- Madeleine Westerhout, the former director of Oval Office operations
- Daniel Dixon, AT&T
- Jen Tomalin, Verizon
- Jaden Jarmel-Schneider, paralegal for the Manhattan DA's office
- Michal Cohen, former Trump attorney and fixer
Who did the defense call to testify?
- Daniel Sitko, paralegal for Blanche Law
- Robert Costello, attorney who advised Michael Cohen
The defense did not call Trump to testify.
Trump's lawyers had planned to call Bradley Smith, who served as FEC chairman from 2000 to 2005, as an expert witness on campaign finance law in the trial. However, Merchan ruled that Smith's testimony would fall "under the umbrella of legal opinion" and would require him to allow the DA's office to bring its own expert to testify about the same legal principles. Smith has criticized Manhattan District Attorney Alvin Bragg's legal theory behind his case. Read more from Newsweek's Andrew Stanton.
Gag order: Judge Juan Merchan's gag order against Trump was a recurring topic and issue throughout the trial. Trump was fined $10,000 for 10 instances found to be in violation. Last week, attorneys for the former president appealed his gag order to New York's top court. In recent days, groups of Trump allies have supported the former president in court and spoken out against the trial.
What are prosecutors trying to prove? The DA's office alleges that Trump falsified business documents to cover up an alleged $130,000 hush money payment to adult film actress Stormy Daniels before the 2016 election. Trump has pleaded not guilty to all 34 charges and maintains that he never had an affair with Daniels.
May 21, 2024 at 10:22 AM EDT
Judge expects jury deliberations to begin next week
Judge Juan Merchan tells the jury he expects summations to go all day. He says because court is out tomorrow and Friday, "there's no way" for them to do what needs to be done "in a cohesive way" before the long weekend.
"The best thing we can do is adjourn now until next Tuesday, at that time you will hear a summation of the attorneys," Merchan tells the jurors.
Merchan asks jurors to come in next Wednesday, May 29, to hear the charges, hoping deliberations will begin that day. He asks the jury to consider working past the 4:30 p.m. end time on Tuesday, since he expects summations to go late. He says if they cannot, they'll have to continue Wednesday morning.
The jury is dismissed until next week.
The attorneys will now go over the jury charges and reconvene to meet with the judge at 2:15 p.m.
May 21, 2024 at 10:17 AM EDT
The defense rests its case, Trump will not testify
The defense has rested its case, meaning former President Donald Trump will not testify.
May 21, 2024 at 10:16 AM EDT
Costello rolls his eyes after judge strikes his answer
Judge Juan Merchan just struck an answer from the record. Defense witness Robert Costello shook his head and rolled his eyes in response, though it doesn't seem like the judge noticed.
After a string of successful objections from the prosecution, Trump attorney Emil Bove has nothing further. Prosecutor Susan Hoffinger is back with two points she wants to address.
Hoffinger: "Michael Cohen never signed that retainer?"
Costello: "That is correct."
Hoffinger: "He never paid you?"
Costello: "That is correct."
Costello steps down.
May 21, 2024 at 10:10 AM EDT
Photos: Inside the Manhattan Criminal Courthouse
May 21, 2024 at 10:03 AM EDT
Costello denies trying to intimidate Cohen last week
Prosecutor Susan Hoffinger reminds defense witness Robert Costello that he testified on direct that he was exclusively focused on Michael Cohen at the time and did not care out about Trump's interests.
She shows an email he sent to Jeff Citron, complaining about Cohen and accusing him of "slow play[ing] us and the President."
"What should I say to this a**hole? He is playing with the most powerful man on the planet," Costello wrote.
Hoffinger asks Costello about his appearance before lawmakers last week. She asks the witness if he sought to intimidate Cohen by attending the hearing in the middle of his testimony. "Ridiculous, no," he responds.
Cross-examination is now over. Trump attorney Emil Bove is back to lead re-direct. Bove gives Costello the chance to explain what he meant when he says he was worried he had been "played" by Cohen.
Costello said Cohen never returned a signed retainer to him and Citron, but had let them believe he was paying them. Bove points to the "Attorney Client Communication Privileged" note in Costello's emails. Costello confirms that Cohen never wrote back clarifying he had not retained his legal services nor did he cease passing messages through Costello to Giuliani.
"Did you have control over Michael Cohen?" Bove asks. "No, I did not," Costello replies.
May 21, 2024 at 09:33 AM EDT
Prosecutors cross-examine Robert Costello
Judge Juan Merchan is on the bench. With no early items to discuss, Robert Costello, an attorney who advised Michael Cohen, is called back to the stand.
Prosecutor Susan Hoffinger is resuming cross-examination and begins by asking about several emails. The first is an email from Michael Cohen to Costello and Jeff Citron, asking them to cease contacting him because he had retained another lawyer and because they "do not and have never represented me in this or any matter."
Costello denies Hoffinger's argument that he tried to use his relationship with Rudy Giuliani to get Cohen to retain him. Hoffinger shows him several other emails, including one he sent Cohen that reads: "I told you my relationship with Rudy which could be very very useful for you."
In an email sent to Citron: "All the more reason for Cohen to hire me because of my connection to Giuliani, which I mentioned to him in our meeting." In others, Costello offers a "backchannel" to Trump and tells Cohen he had friends in "high places."
Costello also emailed Citron, asking him to call Cohen. "Our issue is to get Cohen on the right page without giving him the appearance that we are following instructions from Giuliani or the President. In my opinion this the clear correct strategy," Costello wrote.
Costello also emailed Citron, asking him to call Cohen. "Our issue is to get Cohen on the right page without giving him the appearance that we are following instructions from Giuliani or the President. In my opinion this the clear correct strategy," Costello wrote.
"As you said yesterday, 'The email speaks for itself?'" Hoffinger asks him. Costello responds, "Sometimes." Chuckles are heard in the overflow room. Yet another email from Costello to Cohen, which reads, "Please remember if you want or need to communicate something, please let me know and I will see that it gets done." Costello asks Hoffinger if she wants him to explain, she says she does not.
Costello denies telling Cohen not to cooperate with SDNY. He's shown an email he wrote to Cohen: "The whole objective of this exercise by the SDNY is to drain you, emotionally and financially, until you reach a point that you see them as your only means to salvation."
May 21, 2024 at 09:28 AM EDT
Watch: Trump slams “kangaroo court”
Former President Donald Trump delivered his morning remarks before walking into the courtroom.
"It's a kangaroo court, there's never been anything like this that I've ever seen," Trump told reporters. "The whole world is watching, they're seeing what's happening. You can't use conflicted judges... this is a highly conflicted judge."
After Trump finished his remarks, he walked to the back of the hallway and briefly spoke to his entourage. He could be heard saying to the group "another day in paradise," according to pool reports.
May 21, 2024 at 09:19 AM EDT
Donald Trump Jr. makes first appearance in court today
Former President Donald Trump will again be joined by a large entourage in court for what's expected to be the last day of witness testimony for the defense. Trump's eldest son Don Jr. will be in court for the first time today.
"Kangaroo Court time. Headed down with @realDonaldTrump to continue the leftist show trials," Don Jr. just wrote on X.
Donald Jr. railed against the "sham" trial in a series of X posts Monday, especially after Michael Cohen admitted to stealing from the Trump Organization.
Other allies joining Trump in court today include: Former acting U.S. Attorney General Matt Whitaker, Former Florida Attorney General Pam Bondi, Sen. Eric Schmitt, Rep. Daniel Webster, Rep. Dan Meuser, Rep. Ronny Jackson, Rep. Troy Nehls, Rep. Dale Strong, Rep. Maria Salazar, Sebastian Gorka, Chuck Zito, Joe Piscopo, Bill White, among others.
...
May 21, 2024 at 09:13 AM EDT
Soon: Robert Costello continues testimony
Good morning, day 21 of the criminal hush money trial against former President Donald Trump is set to begin in a few moments.
Defense witness Robert Costello is set to resume testimony this morning after an eventful day in court yesterday. Costello clashed with Judge Juan Merchan while on the stand, prompting the judge to clear the courtroom and scold the witness on "proper" courtroom decorum. Costello is an attorney who previously advised Michael Cohen. He's the defense's second and likely last witness, and if so, Trump will not be testifying.
Prosecutor Susan Hoffinger will resume cross-examination of Costello this morning, she indicated she has about 30-45 minutes left. The defense may rest its case today as well.
Get caught up: Prosecutors rest their case
Newsweek senior reporter Katherine Fung is reporting from inside the courtroom.
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