Attorney who advised Michael Cohen testifies for defense in Trump trial
By CNN's Kara Scannell, Lauren Del Valle and Jeremy Herb in the courthouse
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Trump is still writing as his lawyers pack up
Trump is still writing as his lawyers are packing up. He's got a note he'd folded earlier, too.
Judge says he's reserving decision on defense call for a dismissal of charges
Judge Juan Merchan says he will reserve his decision on the defense's arguments for a dismissal of the charges.
"Thank you both," he tells the attorneys.
"As I said I'm going to reserve my decision. I'll see you tomorrow at 9:30," Merchan says as he leaves the bench.
Colangelo now argues for the prosecution
Prosecutor Matthew Colangelo is now up for the prosecution and arguing that several documents corroborate Michael Cohen's testimony, namely the records brought in through Jeffrey McConney "memorialize" the reimbursement plan.
Colangelo says "at minimum a reasonable juror could conclude the invoices, the ledger entries, the signed checks with check stubs — all contain false information."
The prosecutor now says that there is also an "overwhelming record of concealment" that supports an intent to defraud on Trump's part.
Judge appears skeptical of Trump attorney's argument that Cohen is "not credible as a matter of law"
As the defense makes its case for a dismissal of the charges, Judge Juan Merchan jumps in to ask, "So you're asking me to find Mr. Cohen not credible as a matter of law?"
"Yes," says attorney Donald Trump's attorney Todd Blanche.
"OK," Merchan says.
"You want me to take it out of the jury’s hands and decide before it even gets to the jury, that as a matter of law, this person is so not worthy of belief?" Merchan asks again.
"We didn't just catch him in a lie, your honor, he came in here with a history of lying," Blanche responds.
"He testified and he lied under oath in this courtroom," Blanche says, adding: "The consequences of that lie, if accepted, by the jury is a conviction."
Merchan is skeptical.
"You said his lies are irrefutable," he says to the attorney. "But you think he’s going to fool 12 New Yorkers?"
Blanche argues prosecution didn't prove its case
Attorney Todd Blanche is now going through his arguments. Here's what he saying:
- He says when Trump signed the checks for Michael Cohen in the White House mailed from Trump Tower in New York, "There's no evidence that there’s any idea or any intent to mislead or to hide or to falsify the business records."
- Blanche also argues there's no evidence of another crime being covered up in connection to the false business filings. "There’s no evidence, zero, that anyone was thinking about a campaign finance charge in 2016 when this payment was made to Ms. Daniels," he says.
- "There is no evidence that Mr. Pecker, Mr. Cohen, President Trump, Dylan Howard or any of the other purported co-conspirators had any criminal intent at the time they were engaging in this conduct," Blanche says recapping the 2015 plan to put out positive stories about Trump and negative stories about his opponents in American Media, Inc. publications.
Defense asks for a dismissal of the charges
Defense attorney Todd Blanche is asking for a dismissal of the charges.
Blanche is arguing that the prosecution did not prove their case against Trump.
Trump is staring at Blanche as he's speaking. His body is turned almost around to watch Blanche
Remember: This is routine. It is typical practice that after the prosecution rests, a defendant's attorneys will move to dismiss the case.
Judge Juan Merchan has three options:
He can grant the motion dismissing the case or a particular count on the ground that the evidence is not legally sufficient to establish the offense charged or any lesser included offense, can deny the motion, or can reserve a decision until after the verdict has been rendered by the jury.
Trump's attorney says defense doesn't expect to call any witnesses after Costello
Trump attorney Emil Bove says he will have re-direct of Robert Costello tomorrow, but doesn't expect it to be long.
The defense also does not expect to call any witnesses after Costello, Bove added.
The judge notes that can change.
The key points from Bob Costello's cross-examination
From CNN's Eric Levenson
Bob Costello, a lawyer who advised Michael Cohen in 2018, testified under the prosecution’s cross-examination for about 15 minutes on Monday afternoon before court ended for the day. Here are the key points:
Costello said Cohen was suicidal: When the two lawyers met in April 2018, Cohen was “suicidal that day and acting very manic,” Costello testified.
"He was putting on quite a show and he explained to us, he told us that two nights before he was on the roof of the Regency Hotel and he was going to jump off and kill himself because he couldn’t handle the pressure of the ongoing criminal case coming his way," Costello said.
Costello to resume Tuesday: Costello is set to return to the stand on Tuesday morning for more cross-examination. The defense said they will have re-direct after that but do not expect to call any further witnesses.
Prosecutor says she has about 30 minutes left
Prosecutor Susan Hoffinger said she has half an hour, possibly 45 minutes left in her cross-examination of Robert Costello.
Hoffinger also asked the judge to instruct Costello not to talk. The judge said he doesn't generally give that instruction. Costello then walked out of the courtroom without looking at Trump.
Prosecutor asks Costello if he thought Cohen was "being a drama queen" during their meeting
Before the judge calls it a day, prosecutor Susan Hoffinger asks Robert Costello about his impression of the meeting with Michael Cohen at the Regency Hotel in 2018.
"You thought he was being a drama queen didn't you?"
"No, I never met Michael Cohen before and he was putting on quite a show."
Costello says Cohen explained to them that two nights earlier he was on the roof of the hotel and was going to jump off and kill himself "because he couldn’t handle the pressure of the ongoing criminal case coming his way."
"Sure," Hoffinger replies sarcastically.
"You just don’t like drama queens?" Hoffinger asks.
"I just didn’t know. I didn’t know the guy," Costello says.
Judge Juan Merchan asks the attorneys to approach the bench.
2 jurors looked at each other when Costello asked Hoffinger to "speak into the microphone"
Two jurors looked at one another when Robert Costello asked prosecutor Susan Hoffinger to "speak into the microphone, please."
Hoffinger went on to ask if Robert Costello can be empathetic to someone who's apartment has been raided given his experience as a defense lawyer.
Costello said, "Yes."
Costello pushes back on notion that he was personally excited about representing Cohen
Rudy Giuliani "wasn't in the picture at all" at the time that he met with Michael Cohen, Robert Costello said.
Prosecutor Susan Hoffinger pushed Costello to say Cohen would be a big get for his firm at the time. Costello after a pause said, "I would say no I didn't want him as a client."
Hoffinger challenged Costello, saying that he would've been happy to announce Cohen as his client.
Email records show on April 20, Costello sent an email to his son about representing Cohen.
Costello's son responded to the email congratulating him.
Costello testified that the quote in the email to his son was a statement Cohen intended to release at the time, pushing back on the notion that he personally held any excitement about representing Cohen.
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