Takeaways from a tense Day 19 of the Trump hush money trial
CNN
By Jeremy Herb, Lauren del Valle and Kara Scannell, CNN
(CNN) — The prosecution rested their case against Donald J. Trump on Monday in the former president’s hush money trial, which is barreling toward a conclusion as soon as next week.
Michael Cohen’s testimony finally wrapped up Monday after four days – and 17 hours – on the witness stand as the final witness in the prosecution’s case alleging that Trump falsified business records when he reimbursed Cohen for the hush money payment made to adult film actress Stormy Daniels in the final days of the 2016 campaign.
It wasn’t long after the defense began its case on Monday for things to get heated – Judge Juan Merchan admonished a witness for the defense, Robert Costello, after he audibly complained when the judge sustained objections to the questions he was being asked.
Merchan even cleared the courtroom of the press briefly after dressing down Costello.
It was an unexpectedly contentious moment for a trial that is quickly nearing a close. While the defense appears likely to rest its case on Tuesday, Merchan said he’s planning to have closing arguments next Tuesday, May 28, out of concern with having a four-day weekend for the jury when it could be deliberating (court is dark on Friday because of a juror’s travel, and Monday is Memorial Day).
Regardless of the break, the Trump hush money trial is near its end – and roughly a week away from being in the hands of the jury. Here are the takeaways from Day 19:
Prosecution rests
Prosecutors from the Manhattan district attorney’s office rested their case Monday afternoon after calling 20 witnesses over the course of 15 days, including Cohen, Daniels, former Trump aide Hope Hicks and ex-publisher of the National Enquirer David Pecker.
The trial started on April 15 with jury selection, and the prosecution’s first witness, Pecker, was called a week later on April 22.
Cohen was the key witness, spending more than 17 hours on the witness stand over four days before wrapping up on Monday. He testified in detail, accusing his former boss of directing him to pay Daniels’ attorney in October 2016 and approving of the reimbursement plan at the heart of the criminal case.
Under cross-examination, Trump attorney Todd Blanche sought to poke holes in Cohen’s credibility, alleging that he made up conversations where he said Trump directed him to pay Daniels.
Trump’s former fixer’s testimony may be the key in determining how the jury ultimately rules on the case. But over the course of roughly a month, prosecutors also introduced a host of evidence to try to corroborate his allegations that Trump directed Cohen’s repayment, through both expert witnesses and documents.
Defense witness infuriates the judge, who clears courtroom
Trump’s attorneys called Costello as a way to try to rebut Cohen’s testimony about the pressure he was receiving in 2018 when the FBI searched his home and office.
Costello advised Cohen in the weeks after the search, though Cohen did not sign a retainer agreement and did not pay Costello, who touted in email communications his close connections with Rudy Giuliani. The former New York mayor also joined Trump’s legal team in 2018.
Costello described his initial 2018 meeting with Cohen, in which he said Cohen told him, “I swear to God, Bob, I don’t have anything on Donald Trump.”
But once on the stand, Costello quickly got on the wrong side of the judge, speaking over Merchan as the judge sustained objections in response to questions from Trump attorney Emil Bove.
Then Costello began audibly protesting the sustained objections. “Ridiculous,” he could be heard saying while the attorneys approached the judge after one objection. He later let out an audible “jeez” following the judge’s ruling.
After another sustained objection, Costello let out an audible sigh and rolled his eyes, side glancing at the judge.
The judge then asked the jury to step out of the courtroom. Once jurors left, Merchan said, “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,’” Merchan said to Costello. “You don’t give me a side eye and you don’t roll your eyes,” Merchan said, his voice showing his anger.
When Costello held a long glare at the judge, Merchan asked, “Are you staring me down?”
The judge then cleared the courtroom of the media, who were held in the hallways for several minutes.
After several minutes, the press was let back inside, and Bove’s questions continued without incident, though the judge did urge Costello after several objections to just answer the question that had been asked and not elaborate further.
Costello will be back on the stand when court resumes at 9:30 a.m. Tuesday, under cross-examination by prosecutor Susan Hoffinger.
Trial endgame comes into focus
Trump’s side began its defense case Monday afternoon – and the former president’s lawyers appear likely to rest on Tuesday.
The defense first called a paralegal to introduce call records between Cohen and Costello, before Costello took the stand. He’s expected to be off the stand by mid-morning Tuesday, and Trump’s attorneys said that – as of now – they don’t plan to call any other witnesses after him.
That would mean that Trump does not plan to testify in his own defense, although the judge noted that the plans from Trump’s team could always change.
Trump’s team had also planned to call a campaign finance expert, but Merchan limited the expert’s testimony, which apparently caused Trump’s lawyers to change their mind.
Merchan could have pushed to have closing arguments this week and give the case to the jury – but that left open a likely possibility that the jury would begin deliberations only to have a four-day weekend for Memorial Day (one of the jurors has a flight Friday so Merchan, has already said court will be dark that day).
Instead, Merchan said he expects to have closings next Tuesday. Once the defense rests its case, he will hold a conference with the two parties to discuss the instructions the judge will give to the jury before deliberations.
As a result, the trial could be dark for a week, although Merchan still has not said what will happen on Thursday.
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