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Trump insists defense ‘had a great case’ as court resumes for jury instructions – as it happened

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This live blog is now closed. For the latest on this trial, read our full report:

 Updated 
Tue 21 May 2024 15.14 EDTFirst published on Tue 21 May 2024 07.29 EDT
Donald Trump in court on Tuesday.
Donald Trump in court on Tuesday. Photograph: Michael M Santiago/AFP/Getty Images
Donald Trump in court on Tuesday. Photograph: Michael M Santiago/AFP/Getty Images

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Trump says he feels 'very good' as he heads back inside court

Donald Trump spoke to reporters in the hallway outside the courtroom before heading back inside after a long break.

The former president said:

I feel very good. I think we’ve had a great case we’ve put on.

Per pool, Trump also spoke about the gag order, hinting that he may break it to to “defend our constitution” so he will “take a chance”.

Trump is accompanied in court this afternoon by members of his entourage including his son, Donald Trump Jr, the former Hells Angel leader and actor Chuck Zito, and the actor Joe Piscopo, per the Times.

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Key events

Closing summary

Judge Juan Merchan and lawyers for the prosecution and defense are meeting to work on jury instructions, after Donald Trump’s defense rested its case earlier this morning. The jury has been sent home and instructed to return next Tuesday.

Here’s a recap of today’s developments:

  • Trump declined to testify at his own criminal trial after the defense rested its case after calling just two witnesses. Trump had previously railed about being silenced and falsely claimed he was not allowed to testify, but ultimately elected of his own volition not to take the stand in his own defense.

  • Trump was joined by a huge entourage of supporters, including his sons Donald Trump Jr and Eric Trump, former acting attorney general Matt Whitaker, former Florida attorney general Pam Bondi, actor Joe Piscopo and Republican members of Congress.

  • The trial resumed earlier this morning with continued cross-examination of Robert Costello, whom the defense has used to try to discredit the former president’s one-time fixer, Michael Cohen. Costello was a defense lawyer with whom Cohen met after federal authorities raided his hotel room and apartment. Cohen told jurors that he was leery of Costello, who had described a close relationship with Trump ally Rudy Giuliani. Cohen said he didn’t trust Costello, concerned that anything he said would get to Giuliani and thus, Trump.

  • Here are the key takeaways from the trial on Monday. Cohen, the prosecution’s most important witness, saw his testimony end on Monday and Costello’s behavior on the stand almost spun the courtroom into chaos, and prompted a rebuke from the judge.

  • Prosecutor Susan Hoffinger showed emails Costello sent to Cohen in which he repeatedly dangled his close ties to Giuliani in the aftermath of the FBI raid. In one email, Costello told Cohen: “Sleep well tonight, you have friends in high places,” and relayed that there were “some very positive comments about you from the White House”.

  • Judge Merchan told jurors to return on Tuesday 28 May for closing arguments. Merchan said he would also announce his instructions to jurors the next day and expected that they would then start deliberating.

  • Donald Trump Jr defended his father’s decision not to testify. “There’d be absolutely no reason, no justification to do that whatsoever. Everyone sees it for the sham that it is,” he said at a news conference alongside other Trump allies near the courthouse.

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While Donald Trump floated the possibility of legal drama earlier in the hall – suggesting he might break the gag order – the likelihood of any eyebrow-raising courtroom antics remains practically nil this afternoon.

Trump and his team, and prosecutors, returned to court this afternoon for a conference where they and the judge, Juan Merchan, discussed proposed instructions to the jury. This conference is ongoing.

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Judge Juan Merchan has denied the defense’s request that he tell the jury that there was no limit on federal candidates’ contributions to their own 2016 campaigns, AP reported.

Per AP, Trump attorney Emil Bove suggested the language would help the jury “have a full picture of what constitutes contributions and expenditures” and understand that Donald Trump could have paid such sums as the Stormy Daniels payout – if it were deemed a campaign contribution – from his own funds.

Prosecutor Matthew Colangelo countered that campaign self-funding rules were “extraneous and totally irrelevant” to the case, according to AP.

The judge concluded it was unnecessary but told defense lawyers they could argue in their summation that Trump could have paid Daniels himself, instead of Michael Cohen doing so.

Trump says he feels 'very good' as he heads back inside court

Donald Trump spoke to reporters in the hallway outside the courtroom before heading back inside after a long break.

The former president said:

I feel very good. I think we’ve had a great case we’ve put on.

Per pool, Trump also spoke about the gag order, hinting that he may break it to to “defend our constitution” so he will “take a chance”.

Trump is accompanied in court this afternoon by members of his entourage including his son, Donald Trump Jr, the former Hells Angel leader and actor Chuck Zito, and the actor Joe Piscopo, per the Times.

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Prosecutors and defense lawyers are talking about how both sides want to handle the Federal Election Campaign Act (Feca) in the jury instructions.

The defense wants the word “willfully” to be used when the judge, Juan Merchan, tells jurors about the election law violation.

Trump attorney Emil Bove says:

It’s only a crime if it has a criminal object, if it’s a non-criminal violation, we’re talking, I submit, we’re talking about a civil conspiracy, at most.

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Judge Juan Merchan is back on the bench and prosecutors and the defense are meeting now to work on jury instructions.

Summary

Donald Trump’s lawyers rested their defense on Tuesday morning, without the former president himself testifying. The jury has been sent home and instructed to return next Tuesday, in the meantime court will resume at 2.15pm ET today when prosecutors and the defense will discuss the instructions that will be given to jurors before they start deliberating.

Here’s a recap of the latest developments:

  • Trump declined to testify at his own criminal trial. Trump had previously railed about being silenced and falsely claimed he was not allowed to testify, but ultimately elected of his own volition not to take the stand in his own defense.

  • Trump was joined by a huge entourage of supporters, including his sons Donald Trump Jr. and Eric Trump, former acting attorney general Matt Whitaker, former Florida attorney general Pam Bondi, actor Joe Piscopo and Republican members of congress.

  • The trial resumed earlier Monday with continued cross-examination of Robert Costello, whom the defense has used to try to discredit the former president’s one-time fixer, Michael Cohen. Costello was a defense lawyer with whom Cohen met after federal authorities raided his hotel room and apartment. Cohen told jurors that he was leery of Costello, who had described a close relationship with Trump ally Rudy Giuliani. Cohen said he didn’t trust Costello, concerned that anything he said would get to Giuliani and thus, Trump.

  • Here are the key takeaways from the trial on Monday. Cohen, the prosecution’s most important witness, saw his testimony end on Monday and Costello’s behavior on the stand almost spun the courtroom into chaos, and prompted a rebuke from the judge.

  • Prosecutor Susan Hoffinger showed emails Costello sent to Cohen in which he repeatedly dangled his close ties to Giuliani in the aftermath of the FBI raid. In one email, Costello told Cohen: “Sleep well tonight, you have friends in high places,” and relayed that there were “some very positive comments about you from the White House”.

  • Judge Merchan told jurors to return on Tuesday 28 May for closing arguments. Merchan said he would also announce his instructions to jurors the next day and expected that they would then start deliberating.

  • Donald Trump Jr defended his father’s decision not to testify. “There’d be absolutely no reason, no justification to do that whatsoever. Everyone sees it for the sham that it is,” he said at a news conference alongside other Trump allies near the courthouse.

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No cameras are allowed inside the courtroom while proceedings are under way, but a courtroom sketch artist has captured this morning’s scenes.

Robert Costello is cross examined by prosecutor Susan Hoffinger during Trump’s criminal trial in New York City on 21 May 2024 in this courtroom sketch. Photograph: Jane Rosenberg/Reuters
A court sketch of Robert Costello. Photograph: Jane Rosenberg/Reuters
A court sketch of Donald Trump. Photograph: Jane Rosenberg/Reuters
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Donald Trump Jr was joined by a group of Trump allies that included Republican state leaders, lawmakers, state attorneys general at a news conference near the courthouse.

“We are here because we are friends of Donald Trump, the president of the United States, and when a friend has trouble, friends have his back,” said Dan Patrick, the Texas lieutenant governor, AP reported.

If they can go after the former president of the United States of America, who has the ability and the financial resources to fight back, what happens to the average American.

Per AP, Texas congressman Troy Nehls, wearing a tie with a pattern of photographs of Trump holding the American flag, said:

They don’t want him on the ballot … This is five weeks in a courtroom when he should be out reaching the American people and telling the American people what he would like to do for this country.

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