Trump trial live updates as defense witness Robert Costello returns to the stand – CBS News
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Former President Donald Trump’s defense rested its case at his “hush money” trial on Tuesday, signaling the start of the final chapter of proceedings before the jury begins deliberations next week.
After signaling that he might take the stand in his own defense, Trump ultimately decided not to. The defense called just two witnesses — a legal analyst and Robert Costello, an attorney who concluded his testimony Tuesday morning, one day after he got a harsh dressing down from the judge.
Costello’s testimony was aimed at discrediting the prosecution’s star witness, Michael Cohen, who wrapped up his own time on the stand Monday. Costello said he met and spoke with Cohen many times beginning in April 2018, after Cohen had his home and office searched by FBI agents.
Costello told jurors that Cohen told him Trump “knew nothing” about the $130,000 “hush money” payment that Cohen made to the adult film star Stormy Daniels in 2016. Cohen put up the money himself, and testified that Trump knew of a plan to cover up the payments reimbursing him. Trump has pleaded not guilty to 34 counts of falsification of business records.
For his part, Cohen said he never trusted Costello, and lied to him to protect himself.
After today, the trial will adjourn until next Tuesday, when both sides will begin presenting their closing arguments. The jury will then get the case.
After Costello was dismissed, Merchan laid out the schedule for how the rest of the trial will unfold.
The court is adjourned until 2:15 p.m. At that point, attorneys for both sides will deliberate over the instructions the judge will give the jury on the law and how to determine a verdict. The jury is not present for those arguments.
The instructions, known as a jury charge, are often lengthy, with the judge explaining complicated legal concepts and a weighty set of decisions in a way that any layperson might understand. His exact words are parsed carefully by both defense attorneys and prosecutors, who want to ensure that they don’t lose the case on this last matter.
After the charge conference, the court will adjourn until next Tuesday, when the jury will return. Both sides will present their closing arguments, or summations. Merchan said he thinks summations will take the entire day.
The court will then meet on Wednesday, when the judge will give the jury its charge. Merchan said that process should take about an hour, after which the jury will begin deliberations.
After Costello finished his testimony, Trump’s defense rested its case.
The defense was largely focused on cross-examining witnesses called by prosecutors during the last month, honing in on attacking Daniels’ and Cohen’s motivations and credibility.
After saying for months that he intended to testify in his own defense, Trump decided not to. He remained seated at the defense table Tuesday, as he has been throughout the trial.
During Costello’s continued cross-examination, Costello was asked about his testimony yesterday in which he said he had Cohen’s sole interest in mind throughout their communications.
Hoffinger sought to rebut that testimony by showing an email from Costello to his law partner in June 2018 that said: “Tune into CNN and see how they are playing this up. Cohen has to know this and he continues to slow play us and the President. I am in a golf tournament tomorrow early and again on Sunday. What would you say to this [a**hole]? He is playing with the most powerful man on the planet.”
Cohen had previously outlined what he deemed a back channel of communication — from Costello to Guiliani and ultimately to Trump. Cohen testified that he was not honest with Costello because he worried that anything he told him would make its way back to Trump.
“You still have animosity for Michael Cohen, yes or no?” Hoffinger asked.
“I don’t have animosity, I just don’t think he’s telling the truth,” Costello replied.
Under cross-examination by prosecutor Susan Hoffinger, Costello walked through a series of emails he sent to Cohen over a course of several months in 2018.
Many of them referenced Costello’s conversations with Giuliani, Trump’s newly named personal attorney, including one in which Costello says he can be a “back channel” to Giuliani. In another, he told Cohen he was “loved” and has “friends in high places.”
“Friends in high places definitely refers to President Trump, yes?” Hoffinger asked.
“I think that’s reasonable to conclude,” Costello said, noting he didn’t remember specifically.
Hoffinger then brought up an email Costello sent to Jeffrey Citron, his law partner, in May 2018: “Our issue is to get Cohen on the right page without giving him the appearance that we are following instructions from Giuliani or the President.”
On the stand, Costello said they were trying to “get everyone on the same page, because Cohen had been complaining incessantly. Giuliani had been making statements to the press that Cohen did not approve of.”
A day after being chastened by the judge, who asked if Costello was “staring me down,” Costello has been called back to the stand.
Costello’s antics Monday caused Merchan to take the extremely rare move of clearing the courtroom of all members of the public. He then threatened to strike Costello’s entire testimony, according to a transcript of the exchange.
Costello is a rebuttal witness, called to counter specific gaps the defense claims were in Cohen’s testimony. Merchan restricted what he could be asked about, leading to sustained prosecution objections as defense attorneys asked questions beyond Merchan’s bounds Monday.
As Merchan sustained the objections, Costello rolled his eyes and, according to Merchan, broke decorum.
Both sides indicated they’re close to finishing their questioning of the disruptive witness.
Eric Trump has long been the only member of Trump’s family to attend the trial, sitting in the front row on several occasions.
Today, one of Trump’s other adult sons showed up: Donald Trump Jr. took the seat often occupied by Eric.
In addition to Trump Jr., the seats often filled by an ever-changing assortment of Trump’s allies include former acting Attorney General Matt Whitaker, former Florida Attorney General Pam Bondi, Sen. Eric Schmitt and Reps. Daniel Webster, Dan Meuser, Ronny Jackson, Troy Nehls, Dale Strong and Maria Salazar. The group also includes former aide Sebastian Gorka, actor and former Hell’s Angels chapter president Chuck Zito, actor and radio host Joe Piscopo, and businessman Bill White.
Gorka walked in holding what appeared to be a steel briefcase. Contents unknown.
Graham Kates is an investigative reporter covering criminal justice, privacy issues and information security for CBS News Digital. Contact Graham at KatesG@cbsnews.com or grahamkates@protonmail.com
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