NEW YORK (1010 WINS/WCBS 880) – Prosecutors have rested their hush money case against Donald Trump, turning it over to the former president's lawyers, who are calling their own witnesses. The prosecution could have an opportunity to call rebuttal witnesses since Trump's lawyers are questioning witnesses of their own. Judge Juan M. Merchan said he expects closing arguments to fall after Memorial Day, on May 28.
4:40 P.M. - The defense has finished their direct questioning of Costello
Trump appeared alert and engaged, his attention focused on the witness box, during Costello's testimony. When his attorneys finished their questions, he wrote a note on a piece of paper in front of him.
Costello will return to the witness stand on Tuesday.
4:35 P.M. - Reporters back in courtroom and Costello resumes testifying
Costello is back on the stand, but with a tight rein on his testimony. Trump attorney Bove is urging Costello to confine his answers to the questions asked, and prosecutors are raising objections — some, but not all, of them sustained by the judge — when he gets expansive.
4:30 P.M. - Judge Merchan closed the courtroom, briefly forcing reporters into hallway after he admonished Costello for his behavior
Costello aggravated Merchan repeatedly in his testimony by making comments under his breath and continuing to speak after objections were sustained — a signal to witnesses to stop talking.
At one point, frustrated as he was again cut off by a sustained objection, Costello remarked, "Jeez."
"I'm sorry? I'm sorry?" a peeved Merchan asked.
"Strike it, I'm —." Costello replied, cutting himself off.
At another point, he called the whole exercise, "ridiculous."
After excusing the jury, Merchan told the witness: "Mr. Costello, I want to discuss proper decorum in my courtroom. When there's a witness on the stand, if you don't like my ruling, you don't say 'jeez'… You don't give me side eye and you don't roll your eyes."
"Are you staring me down right now? Clear the courtroom, right now. Clear the courtroom," the judge said.
4:20 P.M. - Costello says Cohen told him Trump 'knew nothing' about payment to Stormy Daniels
Costello testified that Cohen lamented to him, "I don't understand why they're trying to put me in jail" over nondisclosure agreements, and disclosed that he'd arranged one with Daniels.
But, Costello said, Cohen told him Trump "knew nothing" about the hush money paid to the porn actor.
"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," Costello testified.
4:15 P.M. - Attorney Robert Costello called to the witness stand
Before Costello took the stand, Judge Merchan ruled he would allow the defense to question him about two allegedly inconsistent statements in Cohen's testimony and to "offer some rebuttal" to his testimony. But, the judge said, he's not going to allow this to become a "trial within a trial" as to whether there was a pressure campaign and how it affected Cohen.
The judge said he will give Trump attorney Emil Bove "some latitude to explore the pressure campaign so you can explore some inconsistencies."
Later on, Costello testified that in a meeting shortly after federal authorities searched Cohen's home, office and hotel room in April 2018, a "manic" Cohen asked about an "escape route" from his legal problems.
"He kept on pacing back and forth, left and right," Costello said. "He said my life is shattered, my family's life is shattered. I don't know what's going to happen."
Costello said he told Cohen the matter could be resolved quickly "if he had truthful information about Donald Trump and he cooperated."
"I swear to God, Bob, I don't have anything on Donald Trump," Cohen replied, according to Costello.
3:45 P.M. - Lawyers argue over the next defense witness
With jurors out of the room, lawyers for both sides argued about what, if anything, the defense should be able to ask attorney Robert Costello.
Prosecutor Susan Hoffinger contends Costello shouldn't be allowed to testify, but if he is, he shouldn't be allowed to offer his opinions on Cohen's credibility. Trump attorney Emil Bove counters that Cohen is being called to rebut the prosecutors' suggestion that Costello was part of a supposed Trump-engineered pressure campaign to keep Cohen in the fold.
Judge Merchan cut off the arguments, saying: "We're going to take five minutes. Don't leave the courtroom."
3:20 P.M. - The defense calls its first witness
It's a paralegal who works in Trump attorney Todd Blanche's law office. The paralegal, Daniel Sitko, said he was tasked with creating a summary chart of phone calls between Cohen's phones and attorney Robert Costello.
Next, the defense is calling attorney Robert Costello to the witness stand. But first, the prosecution has asked for a bench conference out of earshot of the jury.
3:10 P.M. - Cohen has finished testifying and the prosecution rests
Cohen concluded his testimony after nearly four full days on the witness stand. He looked in Trump's direction as he walked out of the courtroom before a court officer directed him down the aisle.
After Cohen left the room, Assistant District Attorney Joshua Steinglass told Judge Merchan: "Your honor, the people rest."
3 P.M. - Prosecution has finished re-direct questioning of Cohen
"My entire life has been turned upside down as a direct result," Cohen said when asked how speaking out about Trump has affected him. "I lost my law license, my businesses, my financial security, which I was fortunately enough early to have been able to obtain. My family's happiness, which is paramount… just to name a few."
2:45 p.m. - Trump's lawyers drop objection to C-SPAN image
After initially objecting, Donald Trump's lawyers have agreed to let prosecutors show the jury a still image taken from a C-SPAN video of Trump and his bodyguard Keith Schiller together at a campaign event at 7:57 p.m. on Oct. 24, 2016.
Trump lawyer Todd Blanche said he agreed to what's known as a stipulation, allowing prosecutors to introduce the image without the need for extra steps, such as summoning a C-SPAN representative back to the witness stand to authenticate the image.
The defense made the compromise after prosecutors said they would seek to have the C-SPAN representative testify Tuesday morning, likely after the prosecution rests its case and the defense starts calling witnesses.
Blanche conferred with prosecutor Joshua Steinglass and reached the deal during a short break in the trial after conferring with Trump and other members of his defense team about how to proceed.
The jury returned to the courtroom and prosecutor Susan Hoffinger showed jurors the C-SPAN image of Trump and Schiller.
12:30 P.M. - Cohen explains why he stole from Trump Org.
Cohen's admitted theft from the Trump Organization came after, he says, his annual holiday bonus was slashed to $50,000 from the $150,000 he usually received.
Cohen testified that Trump owed technology firm Red Finch $50,000 for its work artificially boosting his standing in a CNBC online poll about famous businessmen.
Cohen said he'd paid the company's owner $20,000 in cash "to placate him for the time being" after Trump had gone months without paying the bill.
Cohen said he later sought reimbursement for the full amount at the same time he was seeking payment for the money he paid Daniels. He said he kept the difference instead of paying Red Finch as a way of making up for his reduced bonus.
"I was angered because of the reduction in the bonus and so I just felt like it was self-help," Cohen said.
12: 20 P.M. - Prosecution begins 2nd round of questions for Cohen
As prosecutor Susan Hoffinger began asking Cohen her second round of questions, she took aim at a point Trump's defense made during their questioning: that Cohen helped Trump and his family with some legal matters in 2017, when Cohen received $420,000 from the then-president. The sum included reimbursement for the $130,000 Cohen had paid Stormy Daniels, according to testimony and evidence at the trial.
Prosecutors say the $420,000 in payments was deceptively logged as legal expenses to disguise the Daniels deal. Trump's defense says Cohen was indeed paid for legal work, so there was no cover-up.
Cohen testified that he never billed for the work he did for Trump and his family in 2017. When Hoffinger asked whether the $420,000 was related at all to those 2017 legal endeavors, Cohen answered, "No, ma'am."
12:10 P.M. - Cohen's cross-examination ended with him reiterating he discussed the Stormy Daniels deal with Trump
"Notwithstanding everything you've said over the years, you have specific recollection of having conversations with then-candidate Donald J. Trump about the Stormy Daniels matter?" defense attorney Blanche asked Cohen.
"Yes, sir," Cohen answered.
"No doubt in your mind?"
No doubt, Cohen answered, and Blanche said he had no more questions.
12 P.M. - Has Cohen built his name recognition on Trump's back?
Cohen mentioned that he's contemplating another book but clarified that he doesn't have any deal for it yet. When asked by Blanche about his financial interest in the case outcome, Cohen affirmed having a financial interest but stated that a conviction wouldn't benefit him.
He explained that podcasts and TikTok videos generate revenue regardless of innocence or guilt, and emphasized that a conviction wouldn't financially benefit him. He added that it's actually better for him if he's not convicted because it provides more material for future discussions.
Cohen testified he'd be better off financially if Trump isn't convicted because it would give him more fodder for the podcasts that provide a sizeable chunk of his livelihood.
Cohen was responding to questions from Trump lawyer Todd Blanche asking if he'd benefit financially from a conviction in the hush money case.
"The answer is no," Cohen said, explaining: "It's better if it's not (guilty) for me because it gives me more to talk about in the future."
As he spoke, Trump looked directly at the witness box, his arm draped over his chair.
11:15 P.M. Cohen asked about public denials on Daniels payment
Defense attorney Blanche grilled Cohen about his initial public denials that Trump knew about the Daniels payoff.
After The Wall Street Journal reported in January 2018 that Cohen had arranged the payout to the porn actor more than a year earlier, Cohen told journalists, friends and others that Trump had been in the dark about the arrangement.
So until April 2018, "you had told anybody who asked that President Trump knew nothing about the payment at the time?" Blanche asked.
"That's what I said, yes," Cohen acknowledged.
In April 2018, federal authorities searched Cohen's home, office and other locations tied to him. Four months later, Cohen pleaded guilty to campaign-finance violations and other charges and told a court Trump had directed him to arrange the Daniels payment.
11 A.M. - Blanche picks up speed, but Cohen remains unrattled
In the final stretch of the cross-examination, Blanche accelerated his questioning, lurching back and forth in time as he pushed Cohen on his past lies and shady dealings.
At times, Cohen seemed disoriented by the approach, asking the defense attorney to rephrase his questions or calling them "confusing." But Cohen has also largely kept his cool on the witness stand so far, offering short and dispassionate replies to Blanche, who he addressed as "sir."
Cohen testified he made $4 million from six clients, including AT&T, which was attempting to acquire Time Warner at the time.
Cohen said he was paid $50,000 a month by the company and had around 20 contacts with its representatives – a sum equal to about $30,000 a contact.
Another client was Columbus Nova, an investment management that paid him $80,000 a month. Novartis, a pharmaceutical company, paid him $100,000 a month for a year.
Cohen was among a long list of former Trump aides and confidantes who raked in large sums of money as consultants after Trump won the White House as companies and countries scrambled to understand and influence the new reality star-turned-president.
10:15 A.M. - Cohen admits to stealing money from Trump Org through payment to Redfinch
Cohen admitted to stealing money from the Trump Organization through the payment to RedFinch. He explained that the tech service fee he received was in the amount he was owed, but RedFinch had not been paid by the Trump Organization. Cohen claimed he personally gave $20,000 to cover part of the debt owed to RedFinch, but the total owed was $50,000.
"So you stole from the Trump Organization," Trump lawyer Todd Blanche asked.
"Yes, sir," Cohen admitted.
Blanche noted that despite Cohen's guilty pleas in 2018 to federal charges including a campaign finance violation for the hush money payment and unrelated tax evasion and bank fraud crimes, he'd never been charged with stealing from Trump's company.
"Have you paid back the Trump Organization the money you stole from them?"
"No, sir," Cohen responded.
He then submitted a reimbursement request for $50,000, along with $130 and a bonus. Blanche got Cohen to acknowledge that he stole the money from the Trump Organization, was never charged, and did not disclose this information to prosecutors.
Blanche attempted to argue that there was a retainer in place. She tried to demonstrate that the checks coming from Trump's Trust and Trump himself, for all intents and purposes, constituted a retainer, as there was an 'agreement' stated in an email. Despite this, Trump still kept his eyes closed often.
Eric Trump, Trump's son, who is in court, posted on X: 'This just got interesting: Michael Cohen is now admitting to stealing money from our company.'"
9:40 A.M. - Michael Cohen cross-examination resumes
Michael Cohen has returned to the courtroom for his fourth day of testimony Monday.
He nodded to a court officer but didn't look at Trump or the defense table as he made his way to the witness stand.
Trump turned his head and looked in Cohen's direction as he was taking the witness stand.
During questioning, Cohen acknowledged his involvement in various personal and business matters while negotiating the Stormy Daniels deal in 2016. Blanche brought up several transactions, including a taxi medallion deal, a real estate transaction in Florida, and a conversation with David Pecker regarding Tiffany Trump and attempted extortion of photographs.
Former U.S. President Donald Trump with attorney Todd Blanche speaks to the media at his trial for allegedly covering up hush money payments at Manhattan Criminal Court on May 20, 2024 in New York City.Mark Peterson-Pool/Getty Images
9:30 A.M. - The defense is arguing the whole election fraud aspect of the case
The judge announced that there would be no summations until the following Tuesday. Additionally, the judge ruled that the defense would have limited ability to present a campaign finance law witness. This witness, Brad Smith, could only testify about the basics, such as what the Federal Election Commission is, but was prohibited from discussing the law itself, as the judge was responsible for explaining the law to the jury.
Furthermore, the defense was prohibited from presenting emails from attorney Robert Costello's law firm to Michael Cohen.
The defense argued the election fraud aspect of the case, while prosecutors had taken a novel approach by incorporating election fraud as an additional crime, turning business fraud into a felony.
The judge also stated that the defense would have the opportunity to provide input during the charge conference, where each side could request what they would like the judge to explain to the jury.
9 A.M. - Inside the courthouse
Trump entered the courtroom on Monday morning with his supporters, including Eric Trump, Boris Epshteyn, and a host of lawmakers. Bernie Kerik was also present. Since the first two rows were filled, Trump was seated in the last row with others. Most, if not all, of the men were wearing red ties.
Trump, wearing a blue tie today, addressed the pool, complained about the case and stated that he should be out campaigning.
The Associated Press contributed to this report.
