Trump unlikely to testify in his own defense
Donald Trump is almost certain not to testify in his own defense, based on his lawyersâ comments in court.
Legal experts have widely suggested Trump testifying would almost certainly be a mistake, given his track record of making self-incriminating comments.
After Robert Costello is finished, the defense is likely to rest their case, although calendar issues may mean the judge adjourns trial until 28 May, when the jury could start deliberations.
Key events
Trump on way to court
Fran Lawther
Donald Trump has left Trump Tower to attend the latest day in court. Proceedings are due to start at 9.30am ET, with prosecutor Susan Hoffinger continuing to question Robert Costello.
Both the prosecution and the defense have signaled they do not expect to need much longer before wrapping up their cases.
Earlier on Monday, the prosecution attempted to undercut the Trump teamâs contention that Michael Cohen lied whenever it suited his needs, such as when he lied to a federal judge in 2018 that he was not pressured into pleading guilty to tax evasion â which he later disavowed.
The prosecution suggested that lying to the judge in 2018 was not comparable to lying on the stand in Trumpâs trial, as Trumpâs lawyers have argued, because unlike in 2018 the current case does not involve Cohen or his wife facing potential jail time.
âIs this different?â prosecutor Susan Hoffinger asked Cohen, referencing the 2018 incident.
âThe other one, it was, my life was on the line ⦠my liberty,â Cohen said.
I was the defendant in that case, and here Iâm just a non-party subpoenaed witness.
Fran Lawther
Trump will once again be joined in the courtroom by political allies, according to CNN. Among those expected at the Manhattan criminal court today are Trumpâs son Don Jr; Sebastian Gorka, a former aide to Trump and an ex-editor at the rightwing website Breitbart; and Trumpâs former acting attorney general Matt Whitaker, who was a prominent critic of the Mueller investigation into Russian election interference in 2016.
CNN has a list of all the people expected to join Trump in court today:
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Donald Trump Jr
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Former acting attorney general Matt Whitaker
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Former Florida attorney general Pam Bondi
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Republican senator Eric Schmitt
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Republican representative Daniel Webster
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Republican representative Dan Meuser
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Republican representative Ronny Jackson
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Republican representative Troy Nehls
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Republican representative Dale Strong
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Republican representative Maria Salazar
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Sebastian Gorka
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Chuck Zito
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Joe Piscopo
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Bill White
Judge threatened to strike Costello’s entire testimony, transcripts show
Fran Lawther
The Washington Post has more details on the courtroom chaos caused by Costello on Monday. After the judge, Juan Merchan, removed the media from the courtroom, he told Costello his âconduct is contemptuousâ, court transcripts show.
He also told Costello he would remove him as a witness if he did not change his behavior. âIf you try to stare me down one more time, I will remove you from the stand. I will strike this entire testimony; do you understand me?â
Trumpâs attorney Emil Bove answered for Costello, saying: âYes Judge. I understand.â
Costello then tried to make a comment, to which Merchan replied: âNo. No. This is not a conversation.â
Trump unlikely to testify in his own defense
Donald Trump is almost certain not to testify in his own defense, based on his lawyersâ comments in court.
Legal experts have widely suggested Trump testifying would almost certainly be a mistake, given his track record of making self-incriminating comments.
After Robert Costello is finished, the defense is likely to rest their case, although calendar issues may mean the judge adjourns trial until 28 May, when the jury could start deliberations.
Yesterdayâs testimony from Robert Costello was in direct conflict with Michael Cohenâs recollection of the extent of Donald Trumpâs involvement and knowledge in the hush-money scheme, including that he had told Trump he was going ahead with paying hush money to Stormy Daniels on a call in October 2016.
Costello, who almost came to represent Cohen after Cohen was charged by federal prosecutors with tax evasion in 2018, testified that he advised Cohen to cooperate with federal prosecutors in that case and offer any information he had on Trump.
Cohen lamented: âI swear to God, Bob, I donât have anything on Donald Trump,â and that Trump âknew nothingâ about the hush-money payments, Costello recalled.
He said:
Michael Cohen said numerous times that President Trump knew nothing about those payments, that he did this on his own, and he repeated that numerous times.
Cohen testified that hush-money payment violated election law
Michael Cohen, Donald Trumpâs former fixer, testified on Monday that he knew the hush-money payment to the adult film star Stormy Daniels violated federal election law â even though he claimed otherwise in 2018.
The implication of Cohenâs testimony was that Trump, by extension, must also have believed to some extent that the hush-money payment violated the Federal Election Campaign Act.
Cohenâs evidence marked an important moment as Trumpâs criminal trial hurtles to a conclusion, since it was the closest the prosecution has come to tie Trump to the alleged falsification of business records with an intent to commit a second crime, including the federal campaign contributions law.
âIs that a truthful sentence,â asked the prosecutor Susan Hoffinger, referring to a letter Cohen had sent to the Federal Elections Commission stating that the $130,000 payment was done in his personal capacity and therefore not a campaign contribution or expenditure.
âNo, maâam,â Cohen replied.
Trump has pleaded not guilty to 34 counts of felony falsification of business records. Prosecutors must prove Trump authorized what he knew to be hush-money repayments to be falsely labeled as âlegal expensesâ in the Trump Organizationâs records, with an intent to commit a second, election crime.
Defense witness Robert Costello to resume testimony after judge reprimands him
Good morning. A defense witness called by Donald Trumpâs legal team will return to the stand this morning a day after he was reprimanded by the presiding judge, Juan Merchan, for his behavior.
Merchan briefly closed the courtroom on Monday afternoon and forced reporters out after he admonished Robert Costello, a lawyer close to Trumpâs associates who almost came to represent Michael Cohen after he was charged by federal prosecutors with tax evasion in 2018. Costello muttered under his breath âridiculousâ and âjeezâ and sighed loudly when the judge sustained the prosecutionâs objections. Addressing Costello, Merchan said:
If you donât like my ruling, you donât say âjeezâ ⦠You donât give me side eye, and you donât roll your eyes ⦠Are you staring me down right now?
Costello took the stand on Monday afternoon after prosecutors in the Manhattan district attorneyâs office rested their case following Michael Cohenâs testimony. Cohen, whose $130,000 hush-money payment to the adult film star Stormy Daniels is at the heart of the criminal case against Trump, testified that he knew the payment violated federal election law.
Weâre at the courthouse again today. Stay with us.
Trumpâs criminal hush-money trial: what to know
