The defense team of former President Donald Trump in his criminal trial in New York decided to rest its case, which marks the end of witness testimony. This now paves the way for the jury to begin deliberation.
Donald Trump’s defense called two witnesses during the testimony: a paralegal who verified the call logs between Michael Cohen, Trump’s former lawyer, and Robert Costello, a lawyer and Trump ally. They then called Costello to the stand.
In testimonies that carried into Tuesday morning, Costello testified to conversations and emails he exchanged with Cohen following the 2019 raid on Cohen’s home and office.
Though Trump had vowed to testify in this trial as he had in his civil trials in New York, he did not take the stand. Though Trump had initially stated on April 12 that “I would testify, absolutely,” he falsely told reporters on May 2 that the limited gag order in the case would prevent him from testifying, even though the gag order only prohibits extrajudicial statements about witnesses and jurors. Judge Merchan, the next day, addressed Trump directly and clarified that he has an “absolute right” to testify and that the gag order did not apply to his statements in court.
Trump also claimed that he hadn’t taken the stand in his trial in part because he disagreed with the judge’s rulings and seemed worried about what may come out when he was examined.
The jury will hear closing arguments next Tuesday and could begin deliberating by Wednesday.
Trump has pleaded not guilty to 34 counts of falsified business records. Prosecutors allege that Trump knew about a negotiation for a settlement with adult actor Stormy Daniels to keep her allegations of an affair between them out of the press ahead of the 2016 election and that Trump directed Michael Cohen, his former lawyer, to make a settlement payment of $130,000 to her. Prosecutors have argued that the falsified business records, partly labeled as “legal retainers,” are a paper trail for Cohen.
Donald Trump has long argued that he was only paying his lawyer. For several minutes outside the courtroom on Tuesday morning, Trump lamented the inability to campaign as much as he would like since he has been required to attend the trial every day that court is in session, as required by New York criminal law. He has also accused the judge of being biased against him.
Jurors have spent several days hearing testimony from Cohen, as well as from former National Enquirer publisher Pecker, who had first testified to the details of deals made with Cohen and Trump to flag potentially damaging stories. They also heard from Keith Davidson, the lawyer who negotiated the nondisclosure agreements and settlement payments for not just Stormy Daniels but also former Playboy playmate Karen McDougal.
Daniels has testified for several days during this trial, during which she recounted meeting Trump in 2006, having an alleged sexual encounter, and negotiating with Cohen to sell her story nearly ten years later.
