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Trump shakes his head in anger as judge rips his 'disingenuous' lawyer for trying to make argument about Michael Cohen that was already rejected: 'My answer hasn't changed'
Donald Trump shook his head in disapproval as the hush money trial judge ripped his lawyer for being 'disingenuous' during a crucial session on instructions that will be given to the jury.
Defense attorney Emil Bove tried to claim the former president was being advised by Michael Cohen in his capacity as a lawyer while negotiating agreement to keep Stormy Daniels quiet before the election.
This would give the defence the right to make the argument to the jury that Trump was relying on the advice of counsel.
But Judge Juan Merchan fumed at Bove, told him to stay seated and chastised him for trying to bring back an argument the defense has been trying to use for weeks.
Donald Trump shook his head in disapproval as the hush money trial judge ripped his lawyer for being 'disingenuous' during a crucial session on instructions that will be given to the jury
The exchange came during a tense hearing where Merchan was considering the instructions that will be read to the 12 jury members who will decide Trump's fate.
In a win for Trump, Merchan said that he would tell the panel to treat Trump fairly during their deliberations.
The instruction was outside of the normal language used to charge the jury in a concession to the defense.
But there was another tense exchange inside the courtroom, before the trial was adjourned to next Tuesday when closing arguments will begin.
Bove tried to argue that Trump could infer the porn star's hush deal was 'legally checked over' when Cohen told the then-Republican nominee it was 'bulletproof'.
He added that National Enquirer publisher David Pecker's testimony that he sought a lawyer during the hush money discussions 'opened the door' for the argument to be used again.
But a frustrated Merchan slapped Bove down because he had already ruled against the strategy.
Bove then tried to stand up, but Merchan interjected.
'Don’t get up. I let you speak, let me speak,' Merchan said. 'It was concerning when notice was not given in response to my order of February 7th
In a win for Trump, Merchan said that he would tell the panel to treat Trump fairly during their deliberations
'It is concerning when the term was changed to presence of counsel. I couldn't believe when I saw it again.
'I’m telling you my ruling is the jury will not hear that instruction from the bench nor are you permitted to make that argument. Period.'
Bove hit back by insisting he wasn't being disingenuous and didn't change the 'substance' of the argument the defense was trying to make.
'You've said that already Mr Bove,' Merchan said.
'But then you called me disingenuous,' Bove said.
Merchan then stopped Bove in his tracks by saying: 'This is an argument you've been advancing for many many months It’s denied. It’s not going to happen. Please don't’ raise it
Trump ripped into the trial and the judge on Tuesday as the jury was sent home for a week
Known as a charging conference, both sides address the judge about how the jury should be charged, or instructed.
The wording plays a key part in how the jury deliberate and experts believe it can win or lose a case.
Over more than an hour, Trump’s lawyers and attorneys from the Manhattan District Attorney’s office sparred over the minutiae of the text, in some cases down to single words.
Trump’s lawyer Emil Bove told the court that an instruction about ‘bias to President Trump is appropriate’.
Prosecutor John Steinglass said that the issue had been addressed during jury selection and the standard jury charge talks about not giving a defendant sympathy and bias.
If the judge did want to give such an instruction he should use ‘more neutral language’ as the prosecution had suggested, Steinglass said.
Judge Merchan said this was ‘not an instruction that’s normally given’ and there were several mentions in the standard jury charge related to fairness.
He said: ‘Because the (prosecutors) are going along with a modified version I will go ahead and include it, the (prosecution) version’.
A major clash related to federal election law: prosecutors claim Trump was part of an illegal conspiracy to ‘corrupt’ the 2016 election by paying Stormy Daniels $130,000 hush money days before the vote.
The court heard that Trump wanted the word ‘wilfully’ added to the language in two places.
According to Bove, a civil matter could not be the underlying crime for falsifying business records.
It had to be criminal and that required Trump to have done it wilfully, he said.
According to Bove, without the language it could ‘put President Trump in a position where this jury could convict him based on a flawed finding of some kind of intent to conceal a civil conspiracy’.
‘That’s a very serious concern for us’, he said.
Bove said that it was ‘critically important’ the jury understood this and said the issue was a ‘big one for us’.
Prosecutor Matthew Colangelo said that wilfulness was ‘not required’.
He said: ‘Election law violation occurs when two or more people conspire to promote election to public office by unlawful means’.
According to Colangelo, the ‘plain meaning means violation of the law’
Judge Merchan said he would reserve a decision on this point.
Prosecutors also sought an expanded definition of intent, a key issue in the case.
Trump speaks with his attorney Todd Blanche, surrounded by the rest of his entourage
Trump sits in court at the start of Day 20 of his hush money trial. The defense rested just a short time later after he opted against taking the stand
Bove said that the danger was that the jury would convict on the idea that Trump caused somebody to do something and they caused another person to do something.
According to Bove, this ’doubles up on the concept of accessorial liability’
Colangelo called it an ‘extremely important’ point and said that its request was ‘drawn directly from case law’.
Judge Merchan reserved his decision
The judge said he was ‘particularly concerned’ about a request from the defence to add language stating that the jury had to find Trump had two separate intents.
They would be the intent to defraud and the intent to conceal another crime, the court heard.
Colangelo said there was ‘nothing in the statute about two separate intents’ and that adding the language would ‘rewrite the statute’.
Judge Merchan agreed and rejected the request.
Another issue was the use of the word accomplice.
The defence wanted Cohen to be mentioned by name in the context of Trump participating in a crime.
Prosecutors wanted to include the word ‘accomplice’ and state that Trump needed to be found guilty of participating in two crimes.
Judge Merchan said he worried about ‘playing with fire’ by talking about Cohen’s convictions.
Margo, who serves as Trump's deputy communications chief and has become a star in her own right, was spotted exiting Trump Tower in New York on Tuesday
Natalie (pictured) and Margo seemed to coordinate their pink-toned outfits
The judge said prosecutors could not say that just because Cohen was found guilty ‘it’s more likely than not Mr Trump is also guilty’.
After five minutes of back and forth, Judge Merchan decided to change the word ‘crime’ in the sentence at issue to ‘crimes’.
The judge rejected a request from the defence to direct the jury to agree on the unlawful means Trump executed - normally juries are not required to do this.
Bove claimed the unusual measure was warranted because it was an ‘extraordinarily important case’.
Judge Merchan rejected the request.
He said: ‘What you’re asking me to do is change the law and I’m not going to do that’.
Trump denies 34 counts of falsifying business records.
Due to scheduling issues and the Memorial Day weekend, the jury has been sent home until Tuesday when closing arguments are due to take place.
After that Judge Merchan is expected to charge the jury, a process which will take around an hour, followed by the start of deliberations.