The Defense Rests, No Testimony From Trump: May 21 Trump Criminal Trial Update

Todays court session last only a little more than an hour and is most notable for what did not happen. The defense rested without calling Trump to the stand. Despite repeatedly stating before the trial that he would testify, Trump does not testify. I previously discussed why it would be crazy for Trump to testify. In the end, his attorneys made the correct decision in convincing him to not take the stand.

The jury is now adjourned for a week. Closing arguments will be next Tuesday to allow them to be presented in a cohesive manner.

Today’s Quick Summation

-The day started (and ended) with continued cross examination of Robert Costello. Costello kept saying things on the stand that were then contradicted by emails from him the prosecution presented.

-Costello acknowledges that in an email he sent Cohen stating, “sleep well tonight. You have friends in high places” the reference to “friends in high places” is to Donald Trump.

-Costello is presented with an email he sent Cohen that reads:

“It seems clear to me that you are under the impression that Trump and Giuliani are trying to discredit you and throw you under the bus to use your phrase. I think you are wrong because you are believing the narrative promoted by the left wing media. They want you to believe what they writing. Many of them are already writing that you are cooperating. If you really believe you are not being supported properly by your former boss, then you should make your position known. If you really want certain things to happen, you should make that known.”

Costello is asked if the email was encouraging Cohen to not cooperate with the investigation, which Costello denies. The prosecution, with some snark suggests the email “speaks for itself,” invoking a phrase Costello used repeatedly yesterday to avoid explaining emails on the stand.

-Despite his testimony in this trial, and his testimony before Congress last week attacking Cohen, Costello denied having any animosity towards Cohen.

-The prosecution presented Costello with an email to his law partner calling Cohen an “asshole.” The email stated, “What should I say to this asshole? He is playing with the most powerful man on the planet.” Asked if the email speaks for itself, Costello stated that it does.

-With Costello’s testimony complete the defense announced they are are resting their case. Trump will not testify.

-Overall, in my view, the defense would have been better of not calling Costello. His testimony was contradicted by his own emails, damaging his credibility. By contradicting Cohen with testimony lacking credibility the defense may have actually bolstered Cohen’s credibility. This appears to be another decision driven by Trump, rather than sound trial practice, that may have backfired.

-The judge stated closing arguments will take a full day and he doesn’t want to break them up. For that reason, they will be delayed until next Tuesday.

-Court will reconvene at 2:15, without the jury, to discuss charging instructions.