Here's what's happening at Trump's trial
- The prosecution and defense have rested their cases. Judge Juan Merchan told the jury to return next Tuesday since there wouldn't be enough time this week with scheduling conflicts and the holiday to hear closing arguments and begin deliberations.
- Lawyers held a hearing with Merchan this afternoon about what should be included in the jury instructions.
- Defense witness Robert Costello, who was called "contemptuous" by Merchan yesterday, completed his testimony today.
- Trump is charged with 34 counts of falsifying business records in connection with a hush money payment to adult film actor Stormy Daniels. He has pleaded not guilty to all charges.
'Take a look at where he comes from,' Trump says of Colombian-born judge
During his hallway remarks today, Trump criticized the judge overseeing the case after court was dismissed for the day.
“The judge hates Donald Trump. Just take a look. Take a look at him. Take a look at where he comes from," Trump said of Judge Juan Merchan.
Merchan was born in Bogota, Colombia, and moved to New York as a child, according to a biographical page published by the Latino Judges Association.
Asked if Trump was referring to Merchan's place of birth, Trump campaign spokesperson Steven Cheung told NBC News in an email that the former president was referring to "Democrat political system, Democrat donors, and Democrat operatives.”
In 2016, Trump appeared to take aim at the heritage of a judge who was overseeing a pair of lawsuits against Trump University in San Diego, calling U.S. District Judge Gonzalo Curiel, a “hater,” “very hostile” and “Mexican.” Curiel was born in Indiana, according to the Federal Judicial Center.
Judge confirms court schedule for next week
Judge Merchan today cemented next week's court schedule.
The judge said court will not be in session again until next Tuesday, and that there will be court next Wednesday as well.
Trump repeats election interference claims after court is dismissed
Trump repeatedly described the case against him as "election interference" in hallway remarks that lasted about 20 minutes after court was dismissed for the day.
He also sought to connect President Joe Biden to the trial, saying, "The White House ... they're the one trying this case."
Trial proceedings end for the day
Judge Merchan has dismissed court for the day.
Based upon the judge's comments, it's clear that court will not reconvene on Thursday.
Court is expected to return next Tuesday at 9:30 a.m. ET for closing arguments and then jury instructions for deliberations. Merchan indicated earlier today that next Tuesday's proceedings may run long.
Trump's attorneys seek to revive defense of counsel arguments
Defense attorney Emil Bove is urging Judge Merchan to give an instruction about “the involvement” of counsel, despite the judge’s pre-trial rulings that Trump could not argue that he was convinced of the lawfulness of his conduct because lawyers were involved.
Bove argued that the evidence at trial makes it appropriate for them to have an instruction that attorneys were involved because it bears directly on Trump’s intent.
Prosecutor Matthew Colangelo reminded Merchan that the issue was litigated previously and that the prosecution didn't open the door to such an instruction, in particular because under New York law, one predicate to obtaining such an instruction is that the defendant himself testifies.
Colangelo further argued that such an instruction premised on former National Enquirer publisher David Pecker’s own consultation with counsel is unwarranted because Pecker acknowledged not revealing all or even most of the pertinent facts to his company's general counsel, and that without those details a lawyer could not have provided reasonable advice.
Merchan told Bove that it was not necessary for him to respond, but Bove said that what matters is that Pecker told Trump he had been told the McDougal agreement was “bulletproof,” and Trump’s reliance on the same.
Defense calls for limiting instruction on 'Access Hollywood' tape testimony
Trump lawyer Emil Bove is now arguing that they need a limiting instruction about the legitimate purpose of testimony about the "Access Hollywood" tape.
This testimony was used to show the impact on Trump of the publication of the tape. Judge Merchan asked the defense to direct him to the transcript pages at issue, but said that for now he agrees with the district attorney’s office that such an instruction is not necessary.
Defense raises additional concerns
Judge Merchan told the parties that they've gone through all of his concerns about the jury instructions and asked prosecutors and Trump's defense team what they'd like to address.
Merchan denied the defense’s request for an instruction that NDAs are not inherently illegal, noting that they have plenty of testimony to that point and can argue it on summation.
Trump attorney Emil Bove also asked for an instruction about putting any prejudice against Trump out of their minds, which is based on a similar instruction from the Trump Organization trial, where the organization itself was the defendant, but Trump was not.
Merchan would have denied the request, but the District Attorney’s Office offered a modified version with what it said included more neutral language, and Merchan agreed.
Prosecution argues tax fraud could be easily found as other crime
In further debate over jury instructions, prosecutor Matthew Colangelo told the judge that the trial evidence could easily support a finding that the other crime was tax fraud.
The argument came during a discussion in which Colangelo said all they have to prove is Trump’s intent to conceal another crime, not that the crime actually happened.
Judge rules that jurors can have different ideas on unlawful means
Judge Merchan has just ruled that if the jurors find that Trump made or caused business records to be made to conceal a conspiracy to promote his election through unlawful means, the jurors can have different ideas about what those unlawful means are.
In other words, the jurors don't have to all agree on what unlawful means Trump employed, but have to agree that he did in fact use some kind of unlawful means to promote his election in 2016.
Attorneys debate instruction on New York election law
Trump’s defense argued that, now that it’s clear that the unlawful means through which the alleged conspiracy was carried out should itself be a criminal violation, the word “willfully” is needed in two places.
The government said that the language of New York Election Law 17-152, which is apparently the crime the DA will argue Trump intended to conceal, only discusses “unlawful means” and is not limited to criminal violations.
Trump lawyer Emil Bove said there has to be intent that reflects the highest level intent of the object conspiracy, meaning criminal conspiracy must have a criminal object.
Bove said that they need the assertion of “willfully” to make clear that the object of the unlawful activity features criminal intent.
