NEW YORK (AP) 鈥� The defense rested its case in Donald Trump's hush money trial without the former president taking the witness stand to testify, bringing proceedings one step closer to closing arguments.
After more than four weeks of testimony, jurors were sent home with Judge Juan M. Merchan telling them they wouldn鈥檛 be needed in court until closing arguments next Tuesday. Merchan suggested the court session may run late that day to accommodate summations from both sides 鈥� the defense and prosecution. Merchan told jurors he then expects his instructions to them will take about an hour.
Jurors could begin deliberating as soon as next week to decide whether Trump is guilty of .
Prosecutors have accused Trump of a scheme to bury negative and often salacious stories that might have torpedoed his 2016 presidential campaign and then falsifying internal business records to cover up hush money payments associated with the alleged scheme. He has denied the allegations.
Prosecutors after star witness Michael Cohen concluded his testimony. Cohen spent nearly four full days on the witness stand, placing the former president of the alleged scheme. The defense called just two witnesses following the conclusion of Cohen's testimony 鈥� paralegal Daniel Sitko and attorney Robert Costello.
The trial is in its 20th day.
Trump has to 34 felony counts.
The case is the first-ever criminal trial of a former U.S. president and the to reach a jury.
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Here's the latest:
TRUMP WILL NOT TESTIFY IN HIS TRIAL
Donald Trump left the courtroom where his criminal trial is taking place without speaking to reporters. He ignored a question about why he wouldn鈥檛 testify in the hush money case.
The former president and presumptive GOP presidential nominee previously said he wanted to take the witness stand to defend himself against what he claims are politically motivated charges.
DEFENSE RESTS ITS CASE WITHOUT TRUMP TESTIFYING
The defense in Donald Trump's hush money trial rested its case Tuesday morning without the former president taking the stand in his own defense.
鈥淵our honor, the defense rests,鈥� Trump lawyer Todd Blanche told the judge.
After the defense rested, Judge Juan M. Merchan told jurors they won鈥檛 be needed again in court until next Tuesday. That鈥檚 when he says both sides will give their closing arguments. He suggested the court session may run late that day to accommodate summations from both sides 鈥� the defense and prosecution. Merchan told jurors he then expects his instructions to them will take about an hour, after which they can begin deliberating, possibly as early as next Wednesday.
Merchan noted that normally summations would immediately follow the defense resting its case, but he expects summations in this case will take at least a day and 鈥� given the impending Memorial Day holiday 鈥� 鈥渢here鈥檚 no way to do all that鈥檚 needed to be done鈥� before then.
鈥淚鈥檒l see you in a week,鈥� Merchan said.
CROSS-EXAMINATION OF COSTELLO CONCLUDES
Before finishing her cross-examination Tuesday morning, prosecutor Susan Hoffinger questioned Robert Costello鈥檚 true intent in maneuvering to represent Michael Cohen, citing a June 22, 2018, email in which the lawyer complained that Cohen was continuing to 鈥渟low play us and the president.鈥�
Costello was in talks with Cohen to represent him in the wake of an April 2018 FBI raid on his apartment, office and hotel room, but Cohen has said he was wary of Costello鈥檚 ties to the White House and never hired him.
鈥淚s he totally nuts?鈥� Costello wrote in the email to his law partner, Jeffrey Citron
In the email, he asked what he should say to Cohen, using an expletive. 鈥淗e鈥檚 playing with the most powerful man on the planet,鈥� Costello wrote.
鈥淭hat email certainly speaks for itself, doesn鈥檛 it, Mr. Costello?鈥� Hoffinger asked Costello, mimicking the witness鈥� earlier answers that emails he turned over to the prosecutors鈥� office 鈥渟peak for themselves.鈥�
鈥淵es, it does,鈥� Costello replied.
Hoffinger then asked if, at that point, Costello had 鈥渓ost control of Michael Cohen for the president, did you not?鈥�
鈥淎bsolutely not,鈥� Costello bristled.
COSTELLO STRAIGHTENS UP ON THE STAND 鈥� SLIGHTLY
Defense witness Robert Costello was on Tuesday morning behaving better in the courtroom than he was the previous day when Judge Juan M. Merchan scolded him for speaking out of turn and rolling his eyes.
Still, Costello tried to tack on extra details to his answers to questions from the prosecution.
At one point, Costello told prosecutor Susan Hoffinger that there was additional context around an email regarding Rudy Giuliani, 鈥渨hich I would be delighted to tell you.鈥�
鈥淭hat鈥檚 alright. Let鈥檚 move on to the next one,鈥� Hoffinger said.
Moments later, Hoffinger asked Costello if he felt like he was 小蓝视频 played by Cohen, as he had written in another email. Costello said he did not.
鈥淵ou want me to explain it?鈥� Costello asked.
Again, Hoffinger told him that she did not. Costello huffed, adding: 鈥淣ow you do want me to explain.鈥�
PROSECUTORS CONFRONT COSTELLO WITH EMAILS HE SENT TO MICHAEL COHEN
As testimony in Donald Trump's hush money trial began for the day, prosecutor Susan Hoffinger showed defense witness Robert Costello an August 2018 email in which former Trump attorney Michael Cohen told him and one of his partners to stop contacting him because 鈥測ou do not and never have represented me鈥� and another lawyer did.
Asked whether he was upset that Cohen hadn鈥檛 paid him, Costello said he was 鈥� and volunteered that he had replied to the message in an email that prosecutors didn鈥檛 show.
Hoffinger went a step further and confronted Costello with emails he sent to Cohen in which he repeatedly dangled his close ties to Trump-ally Rudy Giuliani in the aftermath of the FBI raid on Cohen鈥檚 property.
In one email, Costello told Cohen: 鈥淪leep well tonight. You have friends in high places,鈥� and relayed that there were 鈥渟ome very positive comments about you from the White House.鈥�
Costello testified Tuesday that 鈥渇riends in high places definitely refers to President Trump.鈥�
Hoffinger also showed Costello an email he sent to his law partner noting that Giuliani was joining Trump鈥檚 legal team.
鈥淎ll the more reason for Cohen to hire me, because of my connection to Giuliani, which I mentioned in our meeting,鈥� Costello wrote to law partner Jeffrey Citron in the April 19, 2018, email.
Cohen says he never hired Costello.
WITNESS TESTIMONY SET TO RESUME
Attorney Robert Costello has returned to the witness stand in Donald Trump's hush money trial to resume his testimony. The defense witness turned to Judge Juan M. Merchan and spoke to him briefly as they waited for the jury to file in.
Costello's words were inaudible to reporters. The judge acknowledged him, however, and nodded. The vibe in the courtroom was more cordial than it was during the drama that disrupted proceedings on Monday.
While waiting for the jury, Assistant District Attorney Joshua Steinglass asked the judge to poll jurors on their availability to work next Wednesday, a typical off day for the trial.
According to the judge, closing arguments will be held next Tuesday, the day after Memorial Day, so he may want jurors to work Wednesday to receive instructions on the law or start deliberating.
TRUMP ARRIVES IN COURT
Donald Trump has arrived at the courthouse in lower Manhattan for the 20th day of his hush money trial.
Before court, the former president said, 鈥淲e鈥檒l be doing something in the morning and then probably coming back in the afternoon. And we鈥檒l be resting pretty quickly.鈥�
He added, however, 鈥淚 won鈥檛 be resting. I don鈥檛 rest.
WHO WILL BE IN COURT WITH TRUMP?
Donald Trump will be joined Tuesday by an entourage including actor Joe Piscopo as well as his eldest son, Donald Trump Jr., former acting attorney general Matt Whitaker and former Florida attorney general Pam Bondi, according to his campaign.
He鈥檒l also be accompanied by members of Congress including Sen. Eric Schmitt and Reps. Ronny Jackson, Troy Nehls and Maria Salazar.
RULING ON MOTION TO DISMISS WAITING IN THE WINGS
As witness testimony resumes in Donald Trump's criminal trial on Tuesday, a ruling on the defense's motion to dismiss the case is waiting in the wings.
Defense attorneys asked Judge Juan M. Merchan to dismiss the case on Monday after court adjourned for the day, arguing that prosecutors had failed to prove their case and there was no evidence of falsified business records or an intent to defraud.
Prosecutor Matthew Colangelo shot back that 鈥渢he trial evidence overwhelmingly supports each element鈥� of the alleged offenses, and the case should proceed to the jury.
Colangelo argued that the jury has seen 鈥渙verwhelming鈥� evidence that the records of the payments to Michael Cohen were falsely categorized as payments for legal services instead of reimbursement and that there was ample evidence that the alleged fudging was done to deceive people 鈥� including the voting public and government regulators.
Merchan did not indicate when exactly he would make a decision on the motion.
COSTELLO TO RETURN TO THE STAND
Attorney Robert Costello will return to the witness stand on Tuesday as Donald Trump's hush money trial enters its 20th day.
Costello's testimony was a source of discord on Monday between attorneys on both sides, with prosecutors arguing that he should not be allowed to testify at all.
Before the attorney took the stand, Judge Juan M. Merchan ruled that he would allow the defense to question him about two allegedly inconsistent statements in Michael Cohen鈥檚 testimony and to 鈥渙ffer some rebuttal鈥� to his testimony.
Costello, a former federal prosecutor in New York, is relevant to Donald Trump鈥檚 hush money case due to his role as a Michael Cohen antagonist and critic in the years since their professional relationship splintered.
The attorney had offered to represent Cohen soon after the lawyer鈥檚 hotel room, office and home were raided by the FBI in 2018 and as he faced a decision about whether to remain defiant in the face of a criminal investigation or to cooperate with investigators in hopes of securing more lenient treatment.
Costello was invited last year to appear before the grand jury that indicted Trump after asserting that he had information that undermined Cohen鈥檚 credibility.
CLOSING ARGUMENTS COULD BE THE TUESDAY AFTER MEMORIAL DAY
Closing arguments in Donald Trump's criminal trial could take place the day after Memorial Day.
Judge Juan M. Merchan said Monday that when the defense rests its case, he will send the jury home until closing arguments on the day after Memorial Day. Should that happen, jurors will spend a full week away from the trial.
Merchan cited scheduling issues in giving the May 28 date.
The defense is expected to rest its case on Tuesday after calling just a handfull of witnesses, including attorney Robert Costello.
The Associated Press
