Judge Juan Melchian on Tuesday morning responded to a motion by Trump’s defense attorneys to dismiss the case against the former president in its entirety after prosecutors halted their case following days of testimony from star witness Michael Cohen. judgment may be rendered..
Manhattan District Attorney Alvin Bragg indicted Trump on 34 counts of first-degree falsification of business records. Prosecutors say Trump made 34 payments to porn performer Stormy Daniels in the run-up to the 2016 election to keep her quiet about an alleged affair with Trump in 2006. It must be proven beyond a reasonable doubt that business records were falsified.
Mr. Trump has pleaded not guilty to all charges and maintains his innocence.
This courtroom sketch shows Michael Cohen being re-examined by prosecutor Susan Hoffinger at former President Trump’s criminal trial in New York City on May 20, 2024. (Reuters/Jane Rosenberg)
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After Michael Cohen finished his fourth day of testimony, prosecutors rested their case and Trump’s defense called two of their own witnesses.
At the end of the day’s court, Trump’s lawyer, Todd Blanche, said there was “no evidence” that the filings and business records at the center of the case were false. sought an order of dismissal. False business notification. ”
Blanche said he does not dispute that Cohen served as President Trump’s personal attorney in 2017 and there is no intent or evidence that the president misled, concealed or falsified business records.
donald trump and michael coen (Getty Images)
Blanche said there would be records showing fraudulent intent if they existed, and there were no other crimes covered up. He said there was no indication that anyone was considering claiming campaign funds at the time of the payments to Stormy Daniels or when Cohen and then-Trump Organization Chief Financial Officer Allen Weisselberg worked out repayment plans. He said there was no.
Blanche said records show Trump paid Cohen “$35,000 a month in alimony” and there was no evidence from witnesses to prove criminal intent.
Reflecting on the prosecution’s case, Blanche pointed to the “grab and kill” strategy allegedly used to prevent a “patently false” story told about Trump by the Trump Tower doorman from being published.
“How on earth can hiding a false story from voters become a crime?” Blanche asked, adding that it’s “not a catch-and-kill thing, and certainly not a criminal catch-and-kill thing.”
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“There is no way the court would refer this case to a jury based on Mr. Cohen’s testimony,” Blanche said, adding that Mr. Cohen had lied under oath in the past and during the current criminal trial in Mr. Marchand’s court. added.
Marchand asked Blanche if he should legally consider Cohen unreliable, to which Blanche replied, “Yes.”
“So do you want it taken out of the jury’s hands?” Marchand asked, and Blanche replied that the jury should not consider Cohen’s entire testimony.
Marchand told Blanche that if Cohen’s “lies” were “irrefutable,” he would be able to convince the jury of them.
Michael Cohen is cross-examined by defense attorney Todd Blanche during former President Trump’s criminal trial in New York City on May 16, 2024, as shown in this courtroom sketch. (Reuters/Jane Rosenberg)
Prosecutors argued that anyone who “caused” the falsification of records could be punished under New York state’s falsification of business records law.
“As a matter of law, it is sufficient, and more than sufficient, that the defendant set in motion the chain of events that led to the falsification of business records,” prosecutor Matthew Colangelo argued.
Marchand said he would reserve a decision on whether to dismiss the case before the jury deliberates.
Ahead of the afternoon’s developments, Trump’s lawyers on Monday continued their cross-examination of Cohen, Trump’s former lawyer and self-proclaimed “fixer,” who testified that he stole $30,000 from the Trump Organization. .
Cohen said the move was “almost self-help” because he was “angry” about his bonus being cut.
Mr. Cohen testified that he was supposed to pay technology company Red Finch an additional $30,000 that he withdrew from the bank, on top of the $20,000 he had already paid. Instead, he defaulted on his payments, collected $30,000 for himself, and led the Trump Organization to believe he had paid in full.
Prosecutors then briefly redirected Cohen to question Cohen, who said he had “more than 20” conversations with Trump about Stormy Daniels in 2016 and that Trump was “suspicious” about hush money payments to Daniels. He said he agreed.
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Cohen testified that he personally used a home equity line of credit to pay Daniels $130,000 to hide the payments from his wife. Cohen said he did so because President Trump told him to “deal with it” and prevent negative stories from coming out in the lead-up to the 2016 election.
Cohen testified that of the $130,000 he paid Daniels, “$420,000 was reimbursed.” Mr. Cohen said Mr. Weisselberg suggested that the payments be “calculated in gross form” and that Mr. Trump knew the details of the repayments.
Last week, prosecutors handed Cohen 11 checks totaling $420,000. Mr. Cohen confirmed that they were all received and deposited. The check said “retainer,” but Mr. Cohen claimed this was a false statement.
But on Monday, prosecutors put the case against the former president on hold.
Trump’s lawyers called two witnesses: paralegal Daniel Sitko and Michael Cohen’s former legal adviser Robert Costello.
Mr. Sitko testified that Mr. Cohen and Mr. Costello made 75 phone calls in which Mr. Cohen told Mr. Costello that Mr. Trump knew nothing about the payments to Stormy Daniels.
This courtroom sketch shows Presiding Judge Juan Marchan during former President Trump’s criminal trial in New York City on May 14, 2024. (Reuters/Jane Rosenberg)
Mr. Costello took the stand and testified that Mr. Cohen told him “many times” that Mr. Trump knew nothing about the payments, and that Mr. Cohen said, “I swear to God, Bob, I don’t know anything about Donald Trump.” I don’t even know,” I remember saying.
Cohen recalled that earlier in the day, Trump had told many people he knew nothing about the payment.
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However, during testimony, Costello clashed with Marchan. Costello reacted with visible disapproval to Marchan’s multiple challenges from prosecutors regarding his testimony about Cohen.
“I’m sorry?” Machan said to Costello after one response and before leaving the courtroom.
After the jury left, Marchan said, “I would like to discuss proper courtroom decorum.” “I’m not going to tell you to hit, because I’m the only one who can.”
Marchand instructed Costello, a former federal prosecutor, not to react, roll his eyes or react in any way to the verdict.
Before the jury returned to the courtroom, Ms Costello looked at Marchand and asked the judge: “Are you looking down on me?”
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Prosecutor Susan Hoffinger led Costello’s cross-examination. She said about 45 minutes of interrogation time remained.
The defense said it would not call any other witnesses, indicating that President Trump would not take the stand in his own defense.
Closing arguments are currently scheduled for next Tuesday.
