Donald Trump is almost certain not to testify in his own defense, based on his lawyers’ 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.
Yesterday’s testimony from Robert Costello was in direct conflict with Michael Cohen’s recollection of the extent of Donald Trump’s 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: “I swear to God, Bob, I don’t have anything on Donald Trump,” and that Trump “knew nothing” 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.
Michael Cohen, Donald Trump’s former fixer, testified on Monday that he knew the hush-money payment to the adult film star Stormy Daniels violated federal election law – even though he claimed otherwise in 2018.
The implication of Cohen’s testimony was that Trump, by extension, must also have believed to some extent that the hush-money payment violated the Federal Election Campaign Act.
Cohen’s evidence marked an important moment as Trump’s 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.
“Is that a truthful sentence,” 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.
“No, ma’am,” 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 “legal expenses” in the Trump Organization’s records, with an intent to commit a second, election crime.
Good morning. A defense witness called by Donald Trump’s 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 Trump’s 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 “ridiculous” and “jeez” and sighed loudly when the judge sustained the prosecution’s objections. Addressing Costello, Merchan said:
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?
Costello took the stand on Monday afternoon after prosecutors in the Manhattan district attorney’s office rested their case following Michael Cohen’s 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.
We’re at the courthouse again today. Stay with us.
Trump’s criminal hush-money trial: what to know
A guide to Trump’s hush-money trial – so far
The key takeaways from Daniels’ testimony last week.
The jurors: who is on the Trump trial jury?
From Michael Cohen to Stormy Daniels: the key players