NY v. Trump: Defense motions for order of dismissal, prosecution rests case

Former President Donald Trump said the judge presiding over the NY v. Trump trial, Juan Merchan, can earn back "respect" if he rules to dismiss the case. 

"This case should be dropped by the judge. I think the judge, if he did, that … could gain the respect back. The appellate court has to step in, something has to happen. Think of it, the Republican Party, one of the two great parties, nominates somebody to be their candidate. And that candidate now has been sitting here for almost five weeks in a freezing cold icebox listening to this stuff," Trump said Monday following a whirlwind day in court.

"I think the case is going very well. We've asked for termination of the case. This case should be terminated. This shouldn't go anywhere. It should be terminated right now. And New York State has to build up its system again. New York State can't let this happen. We can't let this happen. There were no crimes. We did nothing wrong. And I want to get back to campaigning. I'm representing millions and millions, hundreds of millions of people," Trump later added. 

Trump defense attorney Todd Blanche on Monday motioned for an order of dismissal, citing that there has been no evidence any of the business records or filings related to the case were false. The case itself focuses on 34 counts of falsifying business records in the first degree. DA Alvin Bragg's office must prove to the jury that not only did Trump falsify the business records related to payments to Stormy Daniels, but that he did so in furtherance of another crime – conspiracy to promote or prevent election. 

This is an excerpt from an article by Fox News' Emma Colton.

Trump defense attorney Todd Blanche motioned for an order of dismissal on Monday, telling Judge Juan Merchan that there was no evidence any of the business records or filings related to the case were false.

Blanche said there were “absolutely no false business filings," and no evidence of connection to Trump.

He argued that if there was an intent to defraud, there would be evidence of something entered in a false matter and something illegal actually haven taken place pertaining to an effort to influence the election.

"How on earth is keeping a false story from voters criminal?” Blanche said.

"There is no way the court should let this case go to the jury with Mr. Cohen’s testimony," he added, claiming Cohen lied on the stand.

Merchan asked if Blanche was asking him to find Cohen not a credible witness, to which Blanche responded, "Yes."

Prosecuting attorney Matthew Colangelo argued that there was an overwhelming amount of evidence that shows intent to deceive and defraud. 

Merchan reserved a decision, meaning he will give it at a later date.

Former Trump attorney  Michael Cohen's admission in court Monday that he stole from the Trump Organization further damaged the disbarred attorney's credibility, and could lead at the very least to a deadlocked jury that cannot reach a verdict, a legal expert told Fox News Digital. 

"I think after last week's cross-examination, Michael Cohen's credibility as a witness had already pretty much been eviscerated," Heritage Foundation senior legal fellow Zack Smith told Fox News Digital in a phone interview.

"If there were any lingering doubts in the minds of any jurors, I suspect today's testimony was even more damaging.""It does make you wonder two things: One, did the prosecution not know about this before they put Michael Cohen on the stand? I find that doubtful. But if they didn't, that's its own issue. But if they knew about this, and chose to put Michael Cohen on the stand regardless, that in some ways is even more shocking. Because it really it begs the question of what kind of credibility can Michael Cohen be expected to have, given that even he admitted to stealing from the Trump Organization for his own benefit," Smith continued. 

Cohen admitted in testimony Monday that he stole $30,000 from the Trump Organization by overstating how much he paid a tech company that provided services for the Trump Organization. Cohen said he told former Trump Organization CFO Allen Weisselberg in 2017 that he had paid tech firm Red Finch $50,000 out of his own pocket, and that he still needed to be reimbursed for the payment. 

Weisselberg and Cohen in 2017 calculated a $420,000 repayment to Cohen for his $130,000 payment to former pornography star Stormy Daniels, as well as the alleged $50,000 payment to Red Finch. Cohen's payment to Daniels came ahead of the 2016 election to quiet her claims of an alleged affair with Trump.

Cohen said Monday before the court, however, that he only paid Red Finch $20,000 - meaning he pocketed $30,000 when he was reimbursed. 

This is an excerpt from an article by Fox News' Emma Colton.

Robert Costello, a former legal advisor to Michael Cohen. (Getty Images)

Former Michael Cohen legal advisor Robert Costello testified Monday that Cohen told him "numerous times" that former President Donald Trump knew nothing of the hush money payment to Stormy Daniels.

“I swear to God Bob, I don’t have anything on Donald Trump," Costello said Cohen told him.

Cohen recalled in his own testimony earlier in the day he told numerous people that Trump new nothing about the payment.

Costello's testimony comes after the prosecution rested its case against Trump, and his defense team began calling its own witnesses.

Trump's defense team has called Robert Costello, a former legal advisor to Michael Cohen, to the stand.

Costello follows paralegal Daniel Sitko, who outlined the 75 phone calls between Cohen and Costello, in which the former told the latter Trump new nothing about the payment to Stormy Daniels.

Costello represented the former Trump "fixer" at the start of the federal investigation into the payment to Daniels.

He told Fox News last week that he should be called to testify in former President Trump's New York City trial, and that the grand jury that recommended charges against Trump didn't get all the information they needed.

Michael Cohen testified Monday that he had "more than 20" conversations with former President Donald Trump about Stormy Daniels in October 2016.

Cohen testified that he reviewed materials that helped "refresh" his memory after he testified earlier in the day he recalled telling multiple people that Trump had no knowledge of the hush money payment to Daniels.

He added that Trump told him to work out the payoff to Daniels with Trump Organization CFO Allen Weisselberg.

Cohen also said he had "no doubt" Trump signed off on the payment.

MEDIA

Oliver Stone says ‘lawfare’ being used against Trump: ‘New form of warfare’

Filmmaker Oliver Stone said "a new form of warfare" is being used against former President Trump as he faces a variety of criminal charges in an election year.

Filmmaker Oliver Stone said "lawfare" is being used against former President Trump in the various criminal proceedings he's facing in 2024.

Stone brought up Trump in the context of his new documentary, "Lula," about Brazilian President Luiz Inácio Lula da Silva, who served prison time in 2018-2019 following a corruption investigation. He sees parallels as the presumptive Republican presidential nominee is charged with 34 counts of falsifying business records in New York, connected to a hush money payment to porn actress Stormy Daniels.

"The charges on both sides of the Trump-Biden election are pretty wild -- that [President] Biden is corrupt and Trump is corrupt," Stone told Variety.

"It’s a new form of warfare. It’s called lawfare," he continued. "And that’s what they’re using against Trump."

Stone noted that Trump, who pleaded not guilty to all charges and maintains his innocence in the landmark New York case, also faces separate cases related to state and federal election interference, as well as misuse of classified documents. 

Trump's New York City trial is back in session following a brief lunch break, and is expected to continue with more redirect testimony from former lawyer Michael Cohen.

Cohen testified prior to the break that he stole thousands of dollars from the Trump organization by not paying money owed to a third party by the company, and then getting reimbursed the same amount.

He also confirmed he was considering a run for Congress.

Cohen is the star witness for prosecutors and was the final witness they called to the stand.

Trump faces 34 counts of falsifying business records in relation to alleged hush money payments he made to pornography actress Stormy Daniels. Daniels herself also testified earlier on in the trial.

Fox News legal editor Kerri Urbahn said Monday that the defense's cross-examination of Michael Cohen has been a "total disaster for the state."

"We learned that he stole from Donald Trump as he was negotiating that repayment plan, that repayment plan that we all heard about directly from him last week on the stand where he made it seem like he was just trying to get his money back, when, in fact, he was pocketing thousands of dollars on top of it," Urbhan said.

She also noted that Michael Cohen testified he continued to provide legal services to Trump even after the Stormy Daniels incident.

"The reason that matters," Urbahn said, "is because, as we know, the heart of this case is whether or not Trump, or someone at his direction or with his knowledge, falsified business records."

"If Michael Cohen continued to hold himself out as Donald Trump's personal attorney and, as he testified, made millions of dollars off of that title and outside consulting gigs, and continued to provide legal services for both Donald Trump and his wife throughout that entire time, then isn't it reasonable that someone at Trump Tower could have characterized those payments to Michael Cohen as legal expenses?" she added.

Former Acting U.S. Attorney General Matt Whitaker argued Monday that Judge Juan Merchan, who is overseeing former President Donald Trump's New York City trial, had, so far, allowed "prejudicial" and "irrelevant" evidence in the case.

"Judge Merchan, I think, has allowed a lot of highly prejudicial, but irrelevant, evidence, whether it was Stormy Daniels' testimony on the one hand, or this inference of campaign finance violations that are non-existent under federal law," Whitaker told Fox News' "The Falkner Focus" ahead of the trial's lunch break.

"I think he's committed a lot of reversible error," Whitaker added, predicting that it ultimately wouldn't help Trump's defense team unless it could convince the jury that "no crime was committed."

He went on to say it was "unlikely" Merchan would issue a direct verdict in the case.

Michael Cohen said Monday that the $30,000 he stole from the Trump Organization was "almost like self help."

Cohen made the statement while being cross examined by Trump defense attorney Todd Blanche, claiming he did it because he was "angry" about a bonus being cut.

“I was angry because of the reduction in the bonus and I just felt like it was almost like self help, Cohen said.

"To have my bonus cut by 2/3 was very upsetting to say the least," he later added.

Cohen testified earlier that was supposed to pay the $30,000 he withdrew from the bank to tech company Red Finch, in addition to $20,000 he had already paid them. He failed to make the payment but led the Trump Organization to believe he had before collecting an additional $30,000 reimbursement.

Getty Images

Former lawyer Michael Cohen confirmed Monday he is considering a run for Congress because he has the "best name recognition out there."

Cohen made the admission in a back and forth with Trump defense attorney Todd Blanche while testifying at the former president's ongoing trial in New York City.

Blanche told Cohen after he confirmed his congressional hopes that his name recognition was because of Trump.

"My name recognition is because of the journey I have been on," Cohen responded, saying it included Trump, but was not because of Trump.

Blanche pressed Cohen that his journey had been "near daily attacks on President Trump since 2020," to which, in agreement, he responded "sure."

A group of anti-Trump protestors disrupted a press conference being held by guests of the former president outside the New York City courthouse holding his ongoing trial.

The protestors swarmed the press conference as it was beginning, whistling and yelling over those speaking with phrases like "lock him up."

Trump's guests include South Carolina Attorney General Alan Wilson, Rep. Eric Burlison, R-Mo., Rep. Andrew Clyde, R-Ga., Rep. Mary Miller, R-Ill., and Rep. Keith Self, R-Texas.

Former Trump official Kash Patel, former Georgia state Rep. Vernon Jones, actor Chuck Zito, and lawyers Alan Dershowitz and John Coale, among others, are also in attendance.

Fox News contributor and legal scholar Andy McCarthy said Monday that if former President Donald Trump is only convicted on a misdemeanor related to his New York City trial, that it should be "thrown out" because the statute of limitations in New York for a misdemeanor is two years.

"The statute of limitations on the misdemeanor ran in 2019 or 2020, so if they only convict him on the misdemeanor I believe that case has to be thrown out," McCarthy told "America's Newsroom" on Monday.

New York's statute of limitations came up when the discussion turned to what the instructions to the jury might be, including whether jurors will get to determine to decide between convicting Trump on a misdemeanor or felony.

Robert Costello / America Newsroom

Robert Costello is a former legal adviser to Michael Cohen, who represented the former Trump "fixer" at the start of the federal investigation into the payment to Stormy Daniels.

Costello, who has been released from his attorney-client confidentiality agreement, told Fox News last week that he should be called to testify in former President Trump's New York City trial, and that the grand jury that recommended charges against Trump didn't get all the information they needed.

He appeared on "America's Newsroom" on Thursday to explain that Manhattan District Attorney Alvin Bragg's team didn't want to see or hear exculpatory information he provided.

Before Costello testified before the grand jury, he said he gave Bragg's assistant DA's the courtesy of about an hour and a half Zoom conference, where he told them the exculpatory material that he said was supposed to be put before the grand jury.

Costello said the information he provided was "cherry-picked" by Bragg's team and not used in its entirety as part of the evidence in the case.

Costello told Fox that Cohen specifically told him it was his idea to take care of the NDA because he had been contacted by a lawyer for Stormy Daniels, who said she was going to claim that Donald Trump had sex with her. 

"Cohen said, 'I didn't believe the allegation, but nevertheless, it would be embarrassing to Melania,' that's Michael Cohen's words he said, and so ‘I decided to take care of this myself,’" Costello said. "Now, he took out a home equity loan for $130,000 and used that, and he did tell us that he got repaid later."

Costello said he has not been subpoenaed and whether he will be called to testify hasn't been decided yet and is probably dependent on what happens in court Thursday, but Costello said he believes he should be called.

Fox News' Kendall Tietz contributed to this report.

Former President Donald Trump is being joined in court Monday by another slew of big names, including a multiple members of Congress.

The group is expected to hold a news conference at Noon E.T.

Trump's guests include South Carolina Attorney General Alan Wilson, Rep. Eric Burlison, R-Mo., Rep. Andrew Clyde, R-Ga., Rep. Mary Miller, R-Ill., and Rep. Keith Self, R-Texas.

Former Trump official Kash Patel, former Georgia state Rep. Vernon Jones, actor Chuck Zito, and lawyers Alan Dershowitz and John Coale, among others, are also in attendance.

Getty Images

Former lawyer Michael Cohen recalled he told multiple people that former President Trump new nothing about the hush money payment to Stormy Daniels when news of it first broke years ago.

Cohen testified during Trump's New York City trial on Monday that he did not recall telling then-First Lady Melania Trump that her husband didn't know about the payoff, but said he did remember telling New York Times reporter Maggie Haberman.

Cohen also testified that he told various other members of the media that Trump knew nothing about the payment to Daniels.

Cohen is the star witness for prosecutors and was the final witness they called to the stand.

Trump faces 34 counts of falsifying business records in relation to alleged hush money payments he made to pornography actress Stormy Daniels. Daniels herself also testified earlier on in the trial.

Getty Images

Former lawyer Michael Cohen admitted to stealing thousands of dollars from the Trump organization during former President Trump's New York City trial on Monday.

Cohen made the admission while facing cross examination from Todd Blanche, one of Trump's attorneys.

“You did steal from the Trump Organization based upon the expected reimbursement from Red Finch," Trump attorney Todd Blanche said, referencing the repayment plan in which he was supposed to pay Stormy Daniels $130,000, and tech company Red Finch $50,000.

"Yes, sir," Cohen replied.

Cohen testified that he went to the bank and withdrew cash over a couple of days, totaling $20,000, and kept it in a small brown paper bag and then gave it to Red Finch, but that he never gave the full $50,000 when the company failed to press him for the rest.

He testified that the Trump Organization thought he paid the full amount, for which he was still reimbursed despite not having actually paid it.

Cohen is the star witness for prosecutors and was the final witness they called to the stand.

Trump faces 34 counts of falsifying business records in relation to alleged hush money payments he made to pornography actress Stormy Daniels. Daniels herself also testified earlier on in the trial.

Michael Cohen (Getty Images)

Former lawyer Michael Cohen says he spent dozens of hours with prosecutors preparing and practicing his testimony in former President Trump's New York criminal trial.

Cohen made the statement during cross examination from Trump's defense team on Monday. He said he met with prosecutors in Manhattan DA Alvin Bragg's team as many as 20 times in the lead-up to being called to the stand. He says each of the meeting lasted more than 1-2 hours. He said prosecutors used the meetings to ask him many of the same questions they asked when he was on the stand last week.

Cohen is the star witness for prosecutors and was the final witness they called to the stand.

Trump faces 34 counts of falsifying business records in relation to alleged hush money payments he made to pornography actress Stormy Daniels. Daniels herself also testified earlier on in the trial.

Judge Juan Merchan announced the schedule .for closing arguments in former President Trump's New York criminal trial on Monday.

Merchan says closing arguments will likely begin Tuesday, May 28, giving the defense roughly a week to call witnesses. Monday's proceedings began with debate over the nature of witnesses called by the defense.

Trump's legal team requested to bring forward at least one expert witness. Merchan had warned that any expert testimony regarding legal analysis would likely result in a "battle of the experts" since the prosecution would be allowed to summon its own expert. Merchan said that would only serve to confuse the jury.

Ultimately, Merchan said the defense's expert witness could testify regarding general legal definitions and terms related to the case, but he cannot go into too deep of detail.

Donald Trump (Getty Images)

Former President Trump arrived to his New York criminal trial on Monday, complaining once again that he is being forced off the campaign trail.

Trump argued the case against him is a scheme by the Department of Justice to prevent him from campaigning. Monday's proceedings began roughly an hour earlier than normal, and Trump said the change forced him to cancel a speech he had planned for Monday morning.

The former president went on to quote analysis from several legal scholars saying there is no legitimate case against him.

Trump then returned to his often-repeated criticisms of the trial, targeting Judge Juan Merchan as "deeply conflicted." He continues to argue that Manhattan DA Alvin Bragg should have "never brought the case" against him.

Sen. Mitt Romney blasted his Republican colleagues for supporting Trump during his unprecedented criminal trial after dozens of GOP allies of the former president rallied behind him in court this week. 

Romney called the move an “enormous mistake.”

"I think it’s a terrible fault for our country to see people attacking our legal system — that’s an enormous mistake," Romney said when asked about the political display. "I think it’s also demeaning for people to quite apparently try and run for vice president by donning a red tie and standing outside the courthouse. It's just — I'd have felt awkward."

Romney, though, said President Biden made a mistake by not pardoning former President Trump from legal prosecution.

"He should have fought like crazy to keep this prosecution from going forward," Romney told MSNBC host Stephanie Ruhle. "It was a win-win for Donald Trump."

Prosecutors from Manhattan District Attorney Alvin Bragg’s office need to convince jurors to convict former President Trump.

Prosecutors have called nearly a dozen witnesses to help to present their evidence and make their case.

Prosecutors must prove to the jury beyond a reasonable doubt that Trump falsified business records 34 times to conceal a $130,000 payment to Stormy Daniels, a pornographic performer, in the lead-up to the 2016 election to silence her about an alleged affair with Trump in 2006.

Trump has pleaded not guilty to all charges and maintains his innocence.

So far, the prosecution’s “star witness” Michael Cohen has testified he personally made the $130,000 payment to Daniels using a home equity line of credit in an effort to conceal the payment from his wife. Cohen said he did this because Trump told him to "handle it" and prevent a negative story from coming out ahead of the election.

Cohen testified that he was "reimbursed $420,000" for the $130,000 he paid to Daniels. Cohen said former Trump Organization CFO Allen Weisselberg suggested he "gross up" the payments and that Trump knew the details of the reimbursement.

The prosecution presented Cohen with 11 checks totaling $420,000. Cohen confirmed that they were all received and deposited. The checks had a description of a "retainer," which Cohen said was false.

As Michael Cohen takes the stand again on Monday, he does so on the heels of Trump-critical mainstream media outlets who expressed derision about his testimony in the former president’s New York trial.

While some of his earlier testimony got positive reviews, Cohen had a shaky performance under cross-examination and still has longstanding credibility issues due to his admitted past perjury in the eyes of multiple pundits from CNN, MSNBC and even ABC’s "The View." They accused him of lying, admitting to unethical behavior, and one even questioned why a convicted perjurer would be a witness in this trial in the first place.

"But Michael Cohen, a known perjurer who’s lied before — I just worry about the credibility factor," "The View" co-host Alyssa Farah Griffin said.

Cohen may be the final witness in the trial as the defense continues to question him on Monday and try to poke more holes in his story.

Cohen is considered the star witness in New York v. Trump, and he has testified that Trump authorized hush money payments to porn star Stormy Daniels, who has said she was paid to remain quiet about a sexual encounter with Trump in 2006. Cohen said Trump was worried about the story getting out and hurting his 2016 campaign; Trump has denied the affair occurred. He is charged with falsifying business records in furtherance of other felonies, including campaign finance law violations.

Fox News' David Rutz and Gabriel Hayes contributed to this report

Colorado Republican Rep. Lauren Boebert faced backlash on social media last week for attending former President Donald Trump's trial over her son's legal proceedings.

Her 19-year-old son, Tyler Boebert, faces a litany of charges, including a felony count of Conspiracy to Commit a Felony, according to the Rifle Police Department and Garfield County Jail documents. The charges against him span alleged car break-ins in his hometown of Rifle, Colorado, as well as misdemeanors and property thefts. 

"I'm in New York City for court with President Trump today," the Colorado Republican wrote on X on May 16. "We are 100% behind him!"

In a separate post on X, Boebert wrote, "I'm curious if I'll encounter Judge Merchan's daughter in court today. She's probably occupied with lucrative contracts from Democrat campaigns nationwide and may not attend. Likely engaged in service for Shifty Schiff once more today..." 

When Boebert was reached for comment in February after her son was arrested, she said in a statement , "I love my son Tyler, who has been through some very difficult, public challenges for a young man and the subject of attention that he didn't ask for."

"It breaks my heart to see my child struggling and, in this situation, especially when he has been provided multiple opportunities to get his life on track," she said in a statement to Fox News Digital. "I will never give up on him and I will continue to be there for him. As an adult and father, Tyler will take responsibility for his actions and should be held accountable for poor decisions just like any other citizen."

Fox News' Chris Pandolfo contributed to this report.

Allen Weisselberg is the former chief financial officer of the Trump Organization. In March, he pleaded guilty to lying under oath during his testimony in the former President Donald Trump’s New York civil fraud case brought by Attorney General Letitia James.

He admitted to lying under oath on three occasions – depositions in July 2020 and May 2023 and on the witness stand at the trial last October – when he testified that he had little knowledge of how Trump’s Manhattan penthouse came to be valued on his financial statements at nearly three times its actual size.

To avoid violating his probation in a separate tax case, however, Weisselberg agreed to plead guilty only to charges related to his 2020 deposition testimony.

He was sentenced to five months in jail at New York City’s notorious Rikers Island complex.

In Trump’s criminal trial, Weisselberg has been a central figure to the story – but is not expected to testify.

Earlier this week, Trump ex-lawyer Michael Cohen testified that Weisselberg told him about the payment plan to reimburse him for the payment to Stormy Daniels, and that Cohen and Weisselberg discussed the payment plan in a meeting with Trump.

Fox News Digital’s Danielle Wallace contributed to this update.

Former President Trump’s criminal trial is expected to resume Monday with Michael Cohen on the stand for the third day of cross-examination by defense attorneys. 

Cohen, who previously served as Trump’s lawyer and described himself as the former president’s "fixer," is set to take the stand again at 9:30 a.m. Monday in Lower Manhattan. 

Cohen, who is said to be Manhattan District Attorney Alvin Bragg’s "star witness," first took the stand last week, answering questions from New York prosecutors as they seek to make their case against the former president and presumptive Republican presidential nominee. 

Prosecutors must prove beyond a reasonable doubt that Trump falsified business records 34 times to conceal a $130,000 payment to Stormy Daniels, a pornographic performer, in the lead-up to the 2016 election to silence her about an alleged affair with Trump in 2006.

Trump has pleaded not guilty to all charges and maintains his innocence. 

"I didn't violate any law," Trump said after court on Thursday. "This is a scam." 

Trump’s defense attorney, Todd Blanche, began his cross-examination of Cohen on Tuesday, which continued through the day Thursday. Court did not meet Friday so the former president could attend his youngest son Barron Trump’s high school graduation in Palm Beach, Florida.

Court does not meet on Wednesdays. 

So far, Cohen has testified that he personally made the $130,000 payment to Daniels using a home equity line of credit in an effort to conceal the payment from his wife. Cohen said he did this because Trump told him to "handle it" and prevent a negative story from coming out ahead of the election. 

This is an excerpt from an article by Fox News' Brooke Signman