(NEW YORK) — Millions of people in multiple states from the Great Plains to the Midwest were under the threat of tornadoes Tuesday afternoon, including Iowa where several twisters had touched down near Des Moines and authorities were asking residents to seek shelter.
The National Weather Service issued tornado watches for parts of Nebraska, Iowa, South Dakota, Missouri, Arkansas, Wisconsin, Illinois, Minnesota, Kansas and Oklahoma through Tuesday night.
Nearly the entire state of Iowa was under a “Particularly Dangerous Situation,” according to the National Weather Service, which issued several tornado warnings near Des Moines.
A line of powerful storms was moving in the direction of Des Moines and had already produced multiple tornadoes Tuesday afternoon, according to the weather service.
There were no immediate reports of damage or injuries.
Several videos obtained by ABC affiliate station WOI in Des Moines captured a large funnel cloud on the ground in Greenfield about 63 miles southwest of Des Moines.
The NWS tornado watch covers eight counties in Iowa and 23 in Nebraska, including Lincoln and Omaha.
Damaging winds of 70 to 90 mph are also being forecast for Des Moines, Chicago and Milwaukee from Tuesday afternoon and into the evening.
Des Moines, a city of more than 200,000 people, is expected to get a triple dose of bad weather with large hail, high winds and tornadoes converging in the area.
Severe weather is in full swing across the Great Plains and the Midwest, with more than 100 severe storms reported Monday from Colorado to Michigan.
At least three tornadoes were reported on Monday in Minnesota, Nebraska and Colorado, but caused no significant damage.
In Yuma, in northeast Colorado, hail ranging from golf ball to softball size pummeled the area, causing damage to cars and buildings. At one point, the hail was so deep it caused multiple vehicles to get stuck, JJ Unger, a volunteer Yuma firefighter, told ABC News Tuesday.
“It was like a blizzard hitting for a half hour because of the hail,” Unger said. “That’s the longest I’ve seen it hail like that.”
Unger said he and his fire crew were out spotting for possible tornadoes Monday evening when lightning struck and hail began to pour.
“It was very intense,” said Unger, adding that he and his crew had to pull over and seek shelter as visibility went to almost zero.
Unger said that when the hail finally let up, a foot of hail was covering his fire engine and roads in the area.
He said the windshields of his pickup truck and his wife’s vehicle were shattered.
“Almost every home in town has broken windows and I’ve heard that over a thousand cars were damaged,” Unger said.
In Nebraska, hail measuring two inches in diameter fell in Dundy County in the southwest corner of the state, according to local emergency management officials. Winds of over 90 mph were also reported in Dundy County.
As severe weather is expected through Thursday across the Great Plains and Midwest, potential record heat is moving into Texas and the Northeast.
Temperatures could flirt with 90 degrees in Philadelphia, New York City and Washington, D.C., by the middle of this week.
(NEW YORK) — Former President Donald Trump is on trial in New York City, where he is facing felony charges related to a 2016 hush money payment to adult film actress Stormy Daniels. It marks the first time in history that a former U.S. president has been tried on criminal charges.
Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records in connection with a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.
Here’s how the news is developing:
May 21, 4:25 PM Judge will keep original instructions on Cohen’s guilty plea
The defense returned to the question of Michael Cohen’s 2018 guilty plea and AMI’s non-prosecution agreement with the federal government.
Defense attorney Emil Bove called it a “critical issue” the jury could infer Trump’s guilt based on his association with Cohen and AMI executive David Pecker.
Prosecutor Josh Steinglass called the curative language the defense suggested “outrageous,” and Judge Merchan said he would stick to what he told the jury during the evidentiary phase of the trial: That the guilty plea of Cohen and the non-prosecution agreement of AMI could be used to judge witness credibility — but could not be used as an inference of the defendant’s guilt.
May 21, 4:18 PM Defense seeks clarification on effect of ‘Access Hollywood’ tape
Defense lawyers asked Judge Merchan to include an instruction for jurors that clarifies how prominent Republicans and members of the public reacted to the release of the infamous “Access Hollywood” tape.
Witnesses like Trump aides Hope Hicks and Madeleine Westerhout testified about the effect of the video, which led prominent Republicans like John McCain withdrawing their endorsement of Trump and the Republican National Committee considering finding a new candidate.
Prosecutors pushed back on the defense request, describing it as “confusing” and “unnecessary.”
“The nature of the reaction by the Republican Party by other prominent Republican senators by other members of the public — the fact that was the reaction — had an impact on the listener being the defendant,” prosecutor Josh Steinglass argued.
Prosecutors have argued that the immense public backlash to the Access Hollywood motivated Trump to kill the Stormy Daniels story in the days before the election.
Judge Merchan said he would review the relevant portions of the transcript before making a decision, but said he was inclined to agree with the state, suggesting the proposed instruction would be denied.
May 21, 4:09 PM Attorneys hash out additional jury instructions
Following a break, Judge Merchan told the parties that he had worked through his own notes and asked the lawyers for each side to weigh in on what he might have missed.
The defense sought an instruction about former President Trump regarding bias.
“We don’t think that this is necessary, this charge,” prosecutor Josh Steinglass said in response. “I don’t think instructing the jury that they shouldn’t hold bias against the defendant is necessary — voir dire has satisfied this problem, I think.”
The defense also sought an instruction that hush money payments are not inherently illegal. Prosecutors opposed it, arguing the request amounts to the judge making the defense argument for them.
Defense attorney Emil Bove also asked for an instruction that “hush money is not illegal.”
“What the defense is asking,” Colangelo responded, “is for you to make their argument for them.”
The judge agreed with Colangelo, saying that including that language would be “taking it too far.”
Defense attorney Emil Bove argued that the jury should not consider Michael Cohen’s tax crimes as one of the crimes Trump advanced by allegedly falsifying business records when he repaid Cohen for the Stormy Daniels hush payment.
Bove argued that Cohen was unaware of the alleged tax crimes when then-Trump Organization CFO Allen Weisselberg “grossed up” his reimbursement to accommodate for taxes on the payment.
Cohen testified he did not think of the tax law at the time, telling jurors, “I just wanted to get my money back.”
May 21, 3:51 PM I won’t ‘change the law,’ judge tells defense regarding jury charge
Defense attorney Emil Bove tried to make the argument that this particular case is unusual because Trump is not a typical defendant.
Prosecutor Matthew Colangelo responded that’s precisely why the standard language should be used.
“No one is above the law,” he said.
Judge Merchan settled the matter and ruled against the defense.
“I understand what you mean when you say it’s an important case,” he said. “But what you’re asking me to do is to change the law, and I’m not going to do that.”
May 21, 3:44 PM Parties argue about Trump’s presence at 2015 meeting
Discussing the August 2015 meeting in Trump Tower where prosecutors say Trump, Michael Cohen and then-National Enquirer publisher David Pecker agreed to the criminal conspiracy, defense attorney Emil Bove argued Trump’s “mere presence” at a 2015 meeting at Trump Tower with David Pecker and Michael Cohen where the alleged conspiracy was hatched “could very much be part of the defense here.”
Bove said “there’s nothing criminal about that at all,” despite prosecutors arguing it’s where the catch-and-kill scheme originated.
Prosecutor Matthew Colangelo argued there is no way the jury could interpret the meeting as a “high minded conversation about democracy.”
May 21, 3:28 PM Merchan rules state doesn’t have to prove 2 separate intents
The defense failed to convince Judge Merchan to add a layer of intent that prosecutors have to prove.
Merchan told the parties he was “concerned about” a proposed addition by defense attorneys related to Trump’s intent to defraud.
The defense proposed including an instruction that the state “must establish beyond a reasonable doubt two separate intents” for Trump to commit crimes — for both falsifying records and the other crime Trump furthered with the falsification.
“This proposed language is just inconsistent with the text of the statute,” defense attorney Matthew Colangelo argued.
Merchan said he was inclined to use the standard instruction, excluding the proposed defense addition.
“That second level of intent … is incorporated by reference to the first,” Merchan said.
May 21, 3:15 PM Judge reserves decision on ‘accomplice liability’
The debate over jury instructions turned to the definition of “accomplice liability.”
Prosecutors argued that jury should be told that Trump can be convicted because he caused false leger entries to be created by Trump Organization employees Jeff McConney and Deb Tarasoff.
Prosecutors said it’s a necessary instruction because the defense argued in opening statements that Trump himself did not enter accounting records.
Merchan reserved his decision about “accessorial liability” but said he was inclined to strike the proposed language related to the issue from the final charge.
As the lawyers continue their debate, Trump is flipping through a three-inch stack of papers, some of which appear to be press clippings.
May 21, 3:05 PM Judge rejects defense request related to ‘intent’
Judge Merchan turned to what he called “the most challenging issue facing us all”: how to pronounce “eleemosynary,” which he said means “relating to charity.” The quip got a laugh from both sides.
Merchan moved to delete the word from the jury instructions, and neither side objected.
The judge moved on to discussing the definition of “intent” as it relates to Trump’s conduct.
Defense attorney Emil Bove requested that the jury instruction place “more emphasis” on the elements needed to prove Trump had an intent to defraud when he allegedly falsified documents.
“I am going to stick with the standard language,” Merchan replied, shooting down the request.
May 21, 3:00 PM Judge mulls how Cohen’s guilty plea should be described
Judge Merchan heard arguments over how former Trump lawyer Michael Cohen’s 2018 guilty plea on charges related to the Stormy Daniels payment should be described to the jury — whether Cohen “participated” in crimes or was “convicted” of crimes.
The judge said echoed a defense concern that Cohen’s convictions could be used to infer that Trump, by proxy, should also be found guilty.
“It seems like to me right now we are really playing with fire and getting close to that,” Merchan said.
In general, Merchan reminded the parties, “Where there are standard pattern jury instructions, I don’t deviate”
May 21, 2:50 PM Judge considers whether Daniels payment was campaign expense
The defense is arguing a candidate’s expenses arising from controversies are not necessarily campaign expenses.
Merchan suggests the language should be as follows: “If the payment would have been made, even in the absence of the candidacy, the payment should not be treated as a contribution.”
Prosecutors have argued the payment to Stormy Daniels should have been labeled a campaign expenditure because it was meant to protect Trump’s electoral prospects in 2016
Merchan reserves his decision on the issue but suggests he would include both proposed sentences from the parties.
May 21, 2:43 PM Judge says he wants jury instructions ‘as easy as possible’
Defense attorney Emil Bove argued that Judge Merchan should tell the jury it must find Trump acted willfully in order to convict.
The district attorney’s office argued the jury must find Trump acted unlawfully, not necessarily criminally.
Trump was alert and attentive at the start of this afternoon’s session, whispering to his attorney Todd Blanche. Now his eyes are closed.
Judge Merchan, ticking through each of the proposed edits to the jury instructions, appears to be focused on making sure the instructions are clear and understandable for the jury.
“We want to make it as easy as possible for the jury,” he said.
May 21, 2:37 PM Judge declines to tell jury about lack of contribution limits
Judge Merchan declined to add a sentence to the jury charge that there was no limit on Trump’s personal contributions to his political campaign in 2015 and 2016.
Defense attorney Emil Bove argued that the line would have told the jury that Trump “could have paid this out of his personal expenses without issue.”
But prosecutors argued that the line was “extraneous” because Trump made the Stormy Daniels payment reimbursement from the Trump Organization, not out of his personal funds.
“It has nothing to do with the case,” Colangelo said.
May 21, 2:30 PM Defense argues prosecutors have failed to show criminality
Defense attorney Emil Bove began the conference by arguing for a jury instruction describing the alleged conspiracy as civil, not criminal.
According to Bove, prosecutors have failed to show that the alleged conspiracy had a criminal object.
“It’s only a crime if it has a criminal object,” Bove said. “To be a criminal conspiracy, there must be a criminal object.”
May 21, 2:24 PM Parties are back in court for pre-charge conference
Judge Merchan is back on the bench, and the parties — including Trump — are seated at the counsel tables for the pre-charge conference that will help determine the jury instructions.
Trump, seated next to attorney Susan Necheles, has a pile of papers in front of him.
May 21, 2:17 PM ‘This next couple hours is very important,’ Trump says
Donald Trump, addressing the media ahead of this afternoon’s pre-charge conference, told reporters, “This next couple of hours is very important.”
Judge Juan Merchan is preparing to hear arguments from attorneys regarding the instructions the judge will provide jurors about the law and evidence in the case when the jury begins deliberating next week.
Trump declined to answer questions from the reporters about why he decided not to testify in the case, and whether he is nervous about a possible conviction.
May 21, 10:35 AM Judge will hold pre-charge conference this afternoon
Judge Merchan asked the parties to return to the courtroom at 2:15 p.m. ET. for the previously scheduled pre-charge conference.
It will provide an opportunity for the parties to weigh in on the instructions Merchan will provide the jury about the law and evidence in the case.
Trump and his entourage then filed out of the courtroom.
May 21, 10:23 AM Judge adjourns proceedings until next Tuesday
Following the defense resting its case, Judge Juan Merchan told the parties that “summations will not be quick” and that they “will take at least a day.” Jury instructions will then take at least an hour, he said.
“At the end of the day, I think the best thing we can do is to adjourn now until next Tuesday. At that time you will hear summations from the attorneys,” Merchan said.
Merchan says that deliberations could begin as early as next Wednesday.
Merchan told the jury he opted to delay the summations because of this week’s abbreviated schedule and his belief that “it’s always ideal or best not to break up summations.”
Trump’s eyes were closed, his head titled back, as Merchan instructed the jury to return on Tuesday.
The jury then left the courtroom.
May 21, 10:15 AM Defense rests its case following Costello testimony
“You still have a lot of animosity against Michael Cohen,” prosecutor Susan Cohen Hoffinger asked Michael Cohen’s then-legal adviser Robert Costello after displaying emails from 2018.
“I don’t have animosity but –,” Costello replied before being cut off.
“Yes or no,” Hoffinger said.
Hoffinger then asked Costello bluntly if he was trying to “intimidate” Cohen regarding his 2018 congressional testimony.
“Intimidate Michael Cohen?” Costello asked incredulously.
“Yes, that’s my question,” Hoffinger repeated firmly.
“Ridiculous, no,” Costello responded.
Hoffinger then concluded her cross-examination, which was followed by a brief redirect.
“Your honor, the defense rests,” the defense team told Judge Merchan.
Former President Trump did not end up taking the stand in his own defense.
May 21, 10:06 AM Jurors see Costello emails critical of Cohen
Seeking to painting a picture of the machinations behind what Michael Cohen called a “pressure campaign” to keep him in the Trump fold as investigators closed in on him, prosecutor Susan Hoffinger displayed an email from Michael Cohen’s then-legal adviser Robert Costello to Costello’s law partner in which Costello wrote that Cohen “continues to slow play us and the president — is he totally nuts???”
“I am in a golf tournament tomorrow early and again on Sunday. What should I say to this a—— ? He is playing with the most powerful man on the planet,” Costello wrote.
“That email certainly speaks for itself, does it not, Mr. Costello?” Hoffiner asked.
“Yes it does,” Costello said.
Costello insisted that he was not working to advance Trump’s interests and denied the suggestion that he “lost control” of Cohen.
May 21, 9:55 AM Costello email discussed getting ‘Cohen on the right page’
Prosecutors displayed an email from Michael Cohen’s then-legal adviser Robert Costello to Costello’s law partner Jeffrey Citron from Aug. 8, 2018, in which Costello shared a link to a Fox News story about Rudy Giuliani joining Trump’s legal team.
“All the more reason for Cohen to hire me because of my connection to Giuliani, which I mentioned to him in our meeting,” he wrote.
In another email, Costello said, “Our issue is to get Cohen on the right page without giving him the appearance that we are following instructions from Giuliani or the President. In my opinion this is the clear correct strategy.”
Questioned on the witness stand about that email, Costello told prosecutor Susan Hoffinger that he wanted “to get everybody on the same page because Michael Cohen had been complaining incessantly that Rudy Giuliani, was making statements in the press that Michael Cohen didn’t approve of.”
Costello told Hoffinger he has other emails clarifying that, “which I’d be delighted to tell you.”
“That’s all right,” Hoffinger replied snarkily.
The gallery laughed, prompting a court officer to yell “Quiet!”
May 21, 9:43 AM Costello’s cross-examination already appearing tense
Only a few minutes into prosecutor Susan Hoffinger’s cross-examination of Michael Cohen’s former legal adviser Robert Costello, their exchanges are already sounding tense.
Hoffinger attempted to confirm that Costello boasted about his relationship with Rudy Giuliani, but Costello denied he did so during his first meeting with Cohen.
“You are quoting from an email that is much later,” Costello said.
“I am not quoting from an email,” Hoffinger replied.
Hoffinger then asked Costello about his relationship with Giuliani.
“He’s been to your wedding?” Hoffinger asked.
“Yes he was,” Costello said.
May 21, 9:35 AM Costello retakes the stand
“Let’s get the witness please,” Judge Juan Merchan said after taking the bench.
Michael Cohen’s one-time legal adviser Robert Costello entered the courtroom and took the witness stand to continue his cross-examination.
“Good Morning, Mr. Costello. Welcome back,” Judge Merchan said.
May 21, 9:28 AM Trump, Don Jr. are in the courtroom
Former President Trump has arrived in the courtroom.
His son Don Jr., accompanying him to this trial for the first time, is seated in the front row of the gallery.
May 21, 9:21 AM Trump, prosecutors arrive for proceedings
The prosecution team has entered the courtroom for today’s proceedings.
Former President Trump has arrived at the courthouse.
May 21, 8:28 AM Trump not expected to testify, sources say
Former President Trump is not expected to take the stand in his criminal hush money trial, sources familiar with the matter tell ABC News.
It’s possible that Trump could make a last-minute decision to testify, so sources caution that nothing is final until the defense rests its case.
Trump’s lawyers have indicated publicly that Robert Costello, Michael Cohen’s one-time legal adviser, is expected to be their last witness before they rest their case today.
May 21, 8:14 AM Trump’s son Don Jr. expected to attend trial
Former President Donald Trump is expected to be joined by his son Don Jr. in court today.
It would mark the first time Don Jr. has attended the trial.
As has been the case over the last several days in court, a number of Republican lawmakers are expected to attend today’s proceedings in support of Trump.
May 21, 7:29 AM Costello to resume testimony, defense expected to rest its case
A day after Judge Judge Juan Merchan threatened to remove him from the witness stand, former federal prosecutor Robert Costello will resume his testimony this morning as the second witness in Donald Trump’s defense case.
Costello is expected to be the final defense witness before Trump’s lawyers rest their case today.
Yesterday, Costello told jurors about his meetings and phone calls with Michael Cohen in 2018 after FBI agents raided his office and hotel room. Costello advised Cohen and helped pass messages to the Trump, according to Cohen, but never formally represented him as his lawyer.
“Michael Cohen said, numerous times, that President Trump knew nothing about those payments, that he did this on his own, and he repeated that numerous times,” Costello testified about the hush money payment to adult film actress Stormy Daniels that sits at the center of the case.
Cohen told the jury that he lied to Costello about Trump’s involvement in the scheme to use hush-money payments to hide information from voters.
Costello’s reactions to Judge Merchan after taking the stand yesterday afternoon — responding “jeez” to a sustained objection, rolling his eyes at the judge, and appearing to staring him down — prompted Merchan to clear the courtroom before threatening to remove Costello from the witness stand.
While defense lawyers suggested yesterday that they would not call Trump to the witness stand, they will likely have to confirm a final decision about the defendant’s testimony — or lack thereof — before they rest their case.
Judge Merchan has scheduled a charge conference at 2:15 p.m. ET to hear arguments over how to instruct the jury about the law in the case.
(TOPEKA, Kan.) — Kansas physicians are legally challenging a new state law that would require them to ask and publicly report patients’ reasons for seeking abortion care as well as other personal information.
A lawsuit claims the law “directly interferes with Kansans’ bodily autonomy and their fundamental right to make their own decisions about health care,” according the Center for Reproductive Rights, which is representing the physicians.
The new law is lawmakers’ latest attempt to regulate the procedure after Kansas voters, defying expectations, voted to protect abortion rights by upholding a state constitutional right to abortion — with an overwhelming majority — in a 2022 ballot initiative.
Abortion care is allowed in Kansas up to 22 weeks of pregnancy.
The new legal challenge has been added to an ongoing lawsuit against the state attorney general and district attorneys over other abortion restrictions in the state, including state-mandated abortion counseling they claim is medically inaccurate; a law requiring physicians tell patients the “false and dangerous” claim that it is possible to reverse medication abortions; and a state-required 24-hour waiting period before patients can access care, according to the CRR.
Anti-abortion lawmakers in the state House and Senate bypassed a veto from Gov. Laura Kelly, advancing House Bill 2749 into law without her signature.
“There is no valid medical reason to force a woman to disclose to the legislature if they have been a victim of abuse, rape, or incest prior to obtaining an abortion. There is no valid medical reason to force a woman to disclose to the legislature why she is seeking an abortion,” Kelly said in a letter to the legislature.
“I refuse to sign legislation that goes against the will of the majority of Kansans who spoke loudly on Aug. 2, 2022: Kansans don’t want politicians involved in their private medical decisions,” Kelly wrote.
Kansas Right to Life, an anti-abortion group that requested the legislation be introduced, and the state attorney general did not immediately respond to ABC News’ request for comment.
What’s in the new law?
The law requires physicians to collect personal information about patients receiving abortion care and provide them to the state in a public report twice a year.
While the report of abortions will not include the names of patients who sought or received the care, it requires other personal information including their age, marital status, state or country of residence, race and highest level of education.
Under the new law, physicians are required to ask patients seeking abortion care what the most important factor was in determining why they sought care, except in cases of medical emergencies.
A list of factors for physicians to read patients include: “Having a baby would interfere with the patient’s education, employment or career; the patient cannot provide for the child; the patient already has enough, or too many, children; the patient’s husband or partner is abusive to such patient or such patient’s children,” according to the law.
Other reasons include rape, incest, risk to the health of the mother and that the child would have a disability.
The law requires “the reporting of the reasons for each abortion performed at a medical care facility or by a healthcare provider in the state,” according to the law.
Medical facilities will have to keep written records of all “lawfully terminated” pregnancies and submit a written report twice a year to the secretary of health and environment, the law said. The reports must also include sworn statements by physicians who perform abortions.
The reports will have to include the medical diagnosis and condition that would result in a “substantial and irreversible impairment of a major bodily function or the medical diagnosis and condition that necessitated performance of an abortion to preserve the life of the patient,” according to the law.
Other information physicians will need to fill out in the report include method of abortion care, whether the patient has received financial assistance from a nonprofit that supports pregnant women in the last 30 days, whether the patient has experienced domestic violence in the last 12 months and if the patient is living in a safe, stable and affordable place, according to the law.
The identities of physicians and medical facilities who fill out the report are to remain confidential unless the secretary of health and environment finds reasonable cause that the law was violated, is requesting disciplinary action and reveals the information to the state board of healing arts or a state attorney general.
(NEW YORK) — Former President Donald Trump is on trial in New York City, where he is facing felony charges related to a 2016 hush money payment to adult film actress Stormy Daniels. It marks the first time in history that a former U.S. president has been tried on criminal charges.
Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records in connection with a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.
Here’s how the news is developing:
May 21, 2:50 PM Judge considers whether Daniels payment was campaign expense
The defense is arguing a candidate’s expenses arising from controversies are not necessarily campaign expenses.
Merchan suggests the language should be as follows: “If the payment would have been made, even in the absence of the candidacy, the payment should not be treated as a contribution.”
Prosecutors have argued the payment to Stormy Daniels should have been labeled a campaign expenditure because it was meant to protect Trump’s electoral prospects in 2016
Merchan reserves his decision on the issue but suggests he would include both proposed sentences from the parties.
May 21, 2:43 PM Judge says he wants jury instructions ‘as easy as possible’
Defense attorney Emil Bove argued that Judge Merchan should tell the jury it must find Trump acted willfully in order to convict.
The district attorney’s office argued the jury must find Trump acted unlawfully, not necessarily criminally.
Trump was alert and attentive at the start of this afternoon’s session, whispering to his attorney Todd Blanche. Now his eyes are closed.
Judge Merchan, ticking through each of the proposed edits to the jury instructions, appears to be focused on making sure the instructions are clear and understandable for the jury.
“We want to make it as easy as possible for the jury,” he said.
May 21, 2:37 PM Judge declines to tell jury about lack of contribution limits
Judge Merchan declined to add a sentence to the jury charge that there was no limit on Trump’s personal contributions to his political campaign in 2015 and 2016.
Defense attorney Emil Bove argued that the line would have told the jury that Trump “could have paid this out of his personal expenses without issue.”
But prosecutors argued that the line was “extraneous” because Trump made the Stormy Daniels payment reimbursement from the Trump Organization, not out of his personal funds.
“It has nothing to do with the case,” Colangelo said.
May 21, 2:30 PM Defense argues prosecutors have failed to show criminality
Defense attorney Emil Bove began the conference by arguing for a jury instruction describing the alleged conspiracy as civil, not criminal.
According to Bove, prosecutors have failed to show that the alleged conspiracy had a criminal object.
“It’s only a crime if it has a criminal object,” Bove said. “To be a criminal conspiracy, there must be a criminal object.”
May 21, 2:24 PM Parties are back in court for pre-charge conference
Judge Merchan is back on the bench, and the parties — including Trump — are seated at the counsel tables for the pre-charge conference that will help determine the jury instructions.
Trump, seated next to attorney Susan Necheles, has a pile of papers in front of him.
May 21, 2:17 PM ‘This next couple hours is very important,’ Trump says
Donald Trump, addressing the media ahead of this afternoon’s pre-charge conference, told reporters, “This next couple of hours is very important.”
Judge Juan Merchan is preparing to hear arguments from attorneys regarding the instructions the judge will provide jurors about the law and evidence in the case when the jury begins deliberating next week.
Trump declined to answer questions from the reporters about why he decided not to testify in the case, and whether he is nervous about a possible conviction.
May 21, 10:35 AM Judge will hold pre-charge conference this afternoon
Judge Merchan asked the parties to return to the courtroom at 2:15 p.m. ET. for the previously scheduled pre-charge conference.
It will provide an opportunity for the parties to weigh in on the instructions Merchan will provide the jury about the law and evidence in the case.
Trump and his entourage then filed out of the courtroom.
May 21, 10:23 AM Judge adjourns proceedings until next Tuesday
Following the defense resting its case, Judge Juan Merchan told the parties that “summations will not be quick” and that they “will take at least a day.” Jury instructions will then take at least an hour, he said.
“At the end of the day, I think the best thing we can do is to adjourn now until next Tuesday. At that time you will hear summations from the attorneys,” Merchan said.
Merchan says that deliberations could begin as early as next Wednesday.
Merchan told the jury he opted to delay the summations because of this week’s abbreviated schedule and his belief that “it’s always ideal or best not to break up summations.”
Trump’s eyes were closed, his head titled back, as Merchan instructed the jury to return on Tuesday.
The jury then left the courtroom.
May 21, 10:15 AM Defense rests its case following Costello testimony
“You still have a lot of animosity against Michael Cohen,” prosecutor Susan Cohen Hoffinger asked Michael Cohen’s then-legal adviser Robert Costello after displaying emails from 2018.
“I don’t have animosity but –,” Costello replied before being cut off.
“Yes or no,” Hoffinger said.
Hoffinger then asked Costello bluntly if he was trying to “intimidate” Cohen regarding his 2018 congressional testimony.
“Intimidate Michael Cohen?” Costello asked incredulously.
“Yes, that’s my question,” Hoffinger repeated firmly.
“Ridiculous, no,” Costello responded.
Hoffinger then concluded her cross-examination, which was followed by a brief redirect.
“Your honor, the defense rests,” the defense team told Judge Merchan.
Former President Trump did not end up taking the stand in his own defense.
May 21, 10:06 AM Jurors see Costello emails critical of Cohen
Seeking to painting a picture of the machinations behind what Michael Cohen called a “pressure campaign” to keep him in the Trump fold as investigators closed in on him, prosecutor Susan Hoffinger displayed an email from Michael Cohen’s then-legal adviser Robert Costello to Costello’s law partner in which Costello wrote that Cohen “continues to slow play us and the president — is he totally nuts???”
“I am in a golf tournament tomorrow early and again on Sunday. What should I say to this a—— ? He is playing with the most powerful man on the planet,” Costello wrote.
“That email certainly speaks for itself, does it not, Mr. Costello?” Hoffiner asked.
“Yes it does,” Costello said.
Costello insisted that he was not working to advance Trump’s interests and denied the suggestion that he “lost control” of Cohen.
May 21, 9:55 AM Costello email discussed getting ‘Cohen on the right page’
Prosecutors displayed an email from Michael Cohen’s then-legal adviser Robert Costello to Costello’s law partner Jeffrey Citron from Aug. 8, 2018, in which Costello shared a link to a Fox News story about Rudy Giuliani joining Trump’s legal team.
“All the more reason for Cohen to hire me because of my connection to Giuliani, which I mentioned to him in our meeting,” he wrote.
In another email, Costello said, “Our issue is to get Cohen on the right page without giving him the appearance that we are following instructions from Giuliani or the President. In my opinion this is the clear correct strategy.”
Questioned on the witness stand about that email, Costello told prosecutor Susan Hoffinger that he wanted “to get everybody on the same page because Michael Cohen had been complaining incessantly that Rudy Giuliani, was making statements in the press that Michael Cohen didn’t approve of.”
Costello told Hoffinger he has other emails clarifying that, “which I’d be delighted to tell you.”
“That’s all right,” Hoffinger replied snarkily.
The gallery laughed, prompting a court officer to yell “Quiet!”
May 21, 9:43 AM Costello’s cross-examination already appearing tense
Only a few minutes into prosecutor Susan Hoffinger’s cross-examination of Michael Cohen’s former legal adviser Robert Costello, their exchanges are already sounding tense.
Hoffinger attempted to confirm that Costello boasted about his relationship with Rudy Giuliani, but Costello denied he did so during his first meeting with Cohen.
“You are quoting from an email that is much later,” Costello said.
“I am not quoting from an email,” Hoffinger replied.
Hoffinger then asked Costello about his relationship with Giuliani.
“He’s been to your wedding?” Hoffinger asked.
“Yes he was,” Costello said.
May 21, 9:35 AM Costello retakes the stand
“Let’s get the witness please,” Judge Juan Merchan said after taking the bench.
Michael Cohen’s one-time legal adviser Robert Costello entered the courtroom and took the witness stand to continue his cross-examination.
“Good Morning, Mr. Costello. Welcome back,” Judge Merchan said.
May 21, 9:28 AM Trump, Don Jr. are in the courtroom
Former President Trump has arrived in the courtroom.
His son Don Jr., accompanying him to this trial for the first time, is seated in the front row of the gallery.
May 21, 9:21 AM Trump, prosecutors arrive for proceedings
The prosecution team has entered the courtroom for today’s proceedings.
Former President Trump has arrived at the courthouse.
May 21, 8:28 AM Trump not expected to testify, sources say
Former President Trump is not expected to take the stand in his criminal hush money trial, sources familiar with the matter tell ABC News.
It’s possible that Trump could make a last-minute decision to testify, so sources caution that nothing is final until the defense rests its case.
Trump’s lawyers have indicated publicly that Robert Costello, Michael Cohen’s one-time legal adviser, is expected to be their last witness before they rest their case today.
May 21, 8:14 AM Trump’s son Don Jr. expected to attend trial
Former President Donald Trump is expected to be joined by his son Don Jr. in court today.
It would mark the first time Don Jr. has attended the trial.
As has been the case over the last several days in court, a number of Republican lawmakers are expected to attend today’s proceedings in support of Trump.
May 21, 7:29 AM Costello to resume testimony, defense expected to rest its case
A day after Judge Judge Juan Merchan threatened to remove him from the witness stand, former federal prosecutor Robert Costello will resume his testimony this morning as the second witness in Donald Trump’s defense case.
Costello is expected to be the final defense witness before Trump’s lawyers rest their case today.
Yesterday, Costello told jurors about his meetings and phone calls with Michael Cohen in 2018 after FBI agents raided his office and hotel room. Costello advised Cohen and helped pass messages to the Trump, according to Cohen, but never formally represented him as his lawyer.
“Michael Cohen said, numerous times, that President Trump knew nothing about those payments, that he did this on his own, and he repeated that numerous times,” Costello testified about the hush money payment to adult film actress Stormy Daniels that sits at the center of the case.
Cohen told the jury that he lied to Costello about Trump’s involvement in the scheme to use hush-money payments to hide information from voters.
Costello’s reactions to Judge Merchan after taking the stand yesterday afternoon — responding “jeez” to a sustained objection, rolling his eyes at the judge, and appearing to staring him down — prompted Merchan to clear the courtroom before threatening to remove Costello from the witness stand.
While defense lawyers suggested yesterday that they would not call Trump to the witness stand, they will likely have to confirm a final decision about the defendant’s testimony — or lack thereof — before they rest their case.
Judge Merchan has scheduled a charge conference at 2:15 p.m. ET to hear arguments over how to instruct the jury about the law in the case.
(LOS ANGELES) — The death investigation into “Friends” star Matthew Perry remains ongoing, especially in respect to where he acquired the ketamine that led to his death in October, according to local and federal law enforcement sources.
Perry died at his home from the acute effects of ketamine, according to the autopsy report released in December by the Los Angeles County Medical Examiner.
Detectives have been interviewing people who could have information on the source of the drugs, the sources told ABC News, but that they do not have information to narrow in on a source. No arrests have been made.
The Los Angeles Police Department said the case is open and ongoing, with sources telling ABC News that the police have been in contact with the Drug Enforcement Administration.
The DEA said had no comment.
The actor, most well-known for his role as Chandler Bing on “Friends,” died at 54 on Oct. 28, 2023. He also starred in several other TV series, including “Studio 60 on the Sunset Strip,” and films like “17 Again” and “Fools Rush In.”
In a statement the day after responding to his home, the Los Angeles Police Department said Perry “was discovered by a witness unresponsive in his jacuzzi.” There were no signs of foul play at the scene, according to law enforcement sources.
Perry was reported to have been receiving ketamine infusions for depression and anxiety, according to the autopsy report, but the medical examiner wrote the ketamine in his system at death could not have been from that infusion therapy because ketamine’s half life is three to four hours or less. His method of intake was listed as unknown.
In his memoir, “Friends, Lovers, and the Big Terrible Thing,” released in 2022, Perry opened up about his addiction to alcohol and prescription painkillers, which was triggered after a doctor prescribed him Vicodin following a jet ski accident.
In a “20/20” interview with Diane Sawyer, Perry opened up about wanting to help people struggling with addiction, saying, “Obviously, because I was on ‘Friends,’ more people will listen to me. So I’ve got to take advantage of that, and I’ve got to help as many people as I can.”
(PHOENIX) — Former New York City Mayor Rudy Giuliani, several allies of former President Donald Trump and alleged fake electors pleaded not guilty in Maricopa County court Tuesday for their alleged efforts to overturn the 2020 election results in Arizona.
Former Trump lawyer Christina Bobb, Arizona state Sen. Anthony Kern, former Arizona Republican Party chair Kelli Ward, and her husband Michael Ward were also among those arraigned today.
Giuliani appeared virtually after being served with notice of his indictment after his 80th birthday party on Friday night – and after boasting on social media that he had avoided being served.
The judge granted the prosecution’s motion for Giuliani’s release conditions to require the former mayor to show up in person in Arizona to be booked within 30 days, as well as a $10,000 secured appearance bond, after the state detailed to the court how Giuliani has “shown no intent to comply with legal process” after avoiding accepting service of the indictment.
Prosecutors notably asked for a cash bond, but the judge allowed Giuliani to provide a secured one.
Giuliani responded over Zoom to prosecutors, who described him as “uncooperative” and saying he was aware of the indictment, by saying, “I haven’t been hiding from anyone.” He blamed the difficultly for accepting service because of the threats he’s faced. Giuliani called the indictment a “complete embarrassment.”
At one point the judge cut Giuliani off as started going into a meandering story about the history of alleged threats that have been made against him. “I don’t want to have to mute you,” the judge said.
Outside of court, Nicholas Klingerman, a prosecutor for the Arizona Attorney General’s office, described the multiple attempts they made to serve Giuliani, saying the former mayor was “mocking the justice system in Arizona.”
Asked about Giuliani’s comments during the hearing that the case is “politically motivated,” Klingerman said, “the indictment speaks for itself.”
“I think it’s fairly clear from the indictment what the allegations are,” Klingerman said.
Former Trump attorney John Eastman was the first ally of the former president to be arraigned in the case last week.
Arizona Attorney General Kris Mayes last month announced charges against 11 named alleged fake electors and seven people whose names are redacted in the filing for their alleged role in efforts to subvert Joe Biden’s 2020 victory in the state.
The charges include fraud, forgery and conspiracy.
Arizona is the third state to pursue election interference charges related to the 2020 election. In December, Nevada Attorney General Aaron Ford announced felony charges against six alleged “fake electors” in that state.
In Michigan, Attorney General Dana Nessel similarly charged 16 “alternate electors” in July for conspiracy to commit forgery, among other charges.
Three such “fake electors” in Georgia were among the 18 co-defendants charged, along with Trump, in a sweeping racketeering indictment for alleged efforts to overturn the results of the 2020 election in that state.
All defendants charged in all three probes have pleaded not guilty, with Georgia defendants Jenna Ellis, Kenneth Chesebro, Sidney Powell and Scott Hall subsequently taking plea deals in exchange for agreeing to testify in that case. In Michigan, the attorney general dropped all charges against defendant Jim Renner in exchange for his cooperation.
(NEW YORK) — Special counsel Jack Smith appears to have suspected additional efforts by former President Donald Trump to obstruct the government’s investigation of his handling of classified documents, a newly unsealed court filing revealed Tuesday.
The opinion was released as an exhibit in filings responding to Trump’s efforts to have the case dismissed, ahead of two hearings Wednesday related to his aide Walt Nauta’s efforts to dismiss the related charges against him.
Trump pleaded not guilty last June to 37 criminal counts related to his handling of classified materials after leaving the White House, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information ranging from U.S. nuclear secrets to the nation’s defense capabilities, and took steps to thwart the government’s efforts to get the documents back. Nauta also pleaded not guilty to related charges.
In March of 2023, prosecutors pushed for a federal judge to compel testimony from one of Trump’s attorneys, Evan Corcoran, by presenting a previously undisclosed theory of steps they believed Trump and his associates had taken to obstruct their investigation, alleging that after Trump was informed by his attorney of a government subpoena for video footage from his Mar-a-Lago club, he then instructed aides to return several boxes they had previously removed from a storage room in the club’s basement — without being caught on camera.
According to the newly unsealed opinion, D.C. district judge Beryl Howell wrote that after Corcoran informed Trump of the subpoena for video footage on June 24, 2022, it set into motion a scramble by Nauta to change his travel plans and fly from Bedminster, New Jersey, to Palm Beach, Florida.
“The government urged that this scramble to Mar-a-Lago in the wake of the June 24, 2022 phone call reflects the former president’s realization that the removal of the boxes from the storage room before [redacted] search was captured on camera — and his attempts to ensure that any subsequent movement of the boxes back to the storage room could occur off camera,” Howell wrote.
“This theory draws support from the curious absence of any video footage showing the return of the remaining boxes to the storage room, which necessarily occurred at some point between June 3, 2022 — when the room had approximately [redacted] boxes, according to FBI agents and [redacted] — and the execution of the search warrant on August 8, 2022 — when agents counted 73 boxes,” wrote the judge.
The government previously alleged that Nauta took the trip to inquire about how long camera footage was stored. It was on that same trip, according to the indictment, that Nauta and Mar-a-Lago maintenance worker Carlos De Oliveira allegedly conspired in an attempt to delete surveillance footage.
Howell ultimately agreed the government had made a “likely” showing that Trump ordered his associates to “avoid the surveillance cameras he then understood to have been deputized by the government,” ordering Corcoran to testify about a June 24, 2022, phone call with the former president that occurred the same day the Trump Organization was subpoenaed for the footage.
The filing was just one among multiple exhibits ordered unsealed Tuesday by the district judge overseeing Trump’s case, Aileen Cannon, who has set up a controversial process opposed by Smith that has enabled Trump’s attorneys to make public evidence in the case that would typically remain under seal.
Legal experts have criticized Cannon over a series of recent rulings that have benefited Trump’s strategy to have the case delayed until after the 2024 election, including her order two weeks ago that put an indefinite hold on her scheduling a date for the trial.
(PHOENIX) — Rudy Giuliani, two former attorneys for former President Donald Trump and several of the alleged fake electors are expected to be arraigned in Phoenix Tuesday on state criminal charges for their effort to overturn the 2020 election results in Arizona.
John Eastman was the first Trump ally to be arraigned in the case last week.
Arizona Attorney General Kris Mayes last month announced charges against 11 named alleged fake electors and seven people whose names are redacted in the filing for their alleged role in efforts to subvert Joe Biden’s 2020 victory in the state.
The charges include fraud, forgery and conspiracy.
Arizona is the third state to pursue election interference charges related to the 2020 election. In December, Nevada Attorney General Aaron Ford announced felony charges against six alleged “fake electors” in that state.
In Michigan, Attorney General Dana Nessel similarly charged 16 “alternate electors” in July for conspiracy to commit forgery, among other charges.
Three such “fake electors” in Georgia were among the 18 co-defendants charged, along with Trump, in a sweeping racketeering indictment for alleged efforts to overturn the results of the 2020 election in that state.
All defendants charged in all three probes have pleaded not guilty, with Georgia defendants Jenna Ellis, Kenneth Chesebro, Sidney Powell and Scott Hall subsequently taking plea deals in exchange for agreeing to testify in that case. In Michigan, the attorney general dropped all charges against defendant Jim Renner in exchange for his cooperation.
This is a developing story. Check back for updates.
(NEW YORK) — Former President Donald Trump is on trial in New York City, where he is facing felony charges related to a 2016 hush money payment to adult film actress Stormy Daniels. It marks the first time in history that a former U.S. president has been tried on criminal charges.
Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records in connection with a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.
Here’s how the news is developing:
May 21, 9:54 AM Costello email discussed getting ‘Cohen on the right page’
Prosecutors displayed an email from Robert Costello to his law partner Jeffrey Citron from Aug. 8, 2018, in which Costello shared a link to a Fox News story about Rudy Giuliani joining Trump’s legal team.
“All the more reason for Cohen to hire me because of my connection to Giuliani, which I mentioned to him in our meeting,” he wrote.
In another email, Costello says, “Our issue is to get Cohen on the right page without giving him the appearance that we are following instructions from Giuliani or the President. In my opinion this is the clear correct strategy.”
Questioned on the witness stand about the email, Costello told prosecutor Susan Hoffinger that he wanted “to get everybody on the same page because Michael Cohen had been complaining incessantly that Rudy Giuliani, was making statements in the press that Michael Cohen didn’t approve of.”
Costello told Hoffinger he has other emails clarifying that, “which I’d be delighted to tell you.”
“That’s alright,” Hoffinger replied snarkily.
The gallery laughed, prompting a court officer to yell “Quiet!”
May 21, 9:43 AM Costello’s cross-examination already appearing tense
Only a few minutes into prosecutor Susan Hoffinger’s cross-examination of Michael Cohen’s former legal adviser Robert Costello, their exchanges are already sounding tense.
Hoffinger attempted to confirm that Costello boasted about his relationship with Rudy Giuliani, but Costello denied he did so during his first meeting with Cohen.
“You are quoting from an email that is much later,” Costello said.
“I am not quoting from an email,” Hoffinger replied.
Hoffinger then asked Costello about his relationship with Giuliani.
“He’s been to your wedding?” Hoffinger asked.
“Yes he was,” Costello said.
May 21, 9:35 AM Costello retakes the stand
“Let’s get the witness please,” Judge Juan Merchan said after taking the bench.
Michael Cohen’s one-time legal adviser Robert Costello entered the courtroom and took the witness stand to continue his cross-examination.
“Good Morning, Mr. Costello. Welcome back,” Judge Merchan said.
May 21, 9:28 AM Trump, Don Jr. are in the courtroom
Former President Trump has arrived in the courtroom.
His son Don Jr., accompanying him to this trial for the first time, is seated in the front row of the gallery.
May 21, 9:21 AM Trump, prosecutors arrive for proceedings
The prosecution team has entered the courtroom for today’s proceedings.
Former President Trump has arrived at the courthouse.
May 21, 8:28 AM Trump not expected to testify, sources say
Former President Trump is not expected to take the stand in his criminal hush money trial, sources familiar with the matter tell ABC News.
It’s possible that Trump could make a last-minute decision to testify, so sources caution that nothing is final until the defense rests its case.
Trump’s lawyers have indicated publicly that Robert Costello, Michael Cohen’s one-time legal adviser, is expected to be their last witness before they rest their case today.
May 21, 8:14 AM Trump’s son Don Jr. expected to attend trial
Former President Donald Trump is expected to be joined by his son Don Jr. in court today.
It would mark the first time Don Jr. has attended the trial.
As has been the case over the last several days in court, a number of Republican lawmakers are expected to attend today’s proceedings in support of Trump.
May 21, 7:29 AM Costello to resume testimony, defense expected to rest its case
A day after Judge Judge Juan Merchan threatened to remove him from the witness stand, former federal prosecutor Robert Costello will resume his testimony this morning as the second witness in Donald Trump’s defense case.
Costello is expected to be the final defense witness before Trump’s lawyers rest their case today.
Yesterday, Costello told jurors about his meetings and phone calls with Michael Cohen in 2018 after FBI agents raided his office and hotel room. Costello advised Cohen and helped pass messages to the Trump, according to Cohen, but never formally represented him as his lawyer.
“Michael Cohen said, numerous times, that President Trump knew nothing about those payments, that he did this on his own, and he repeated that numerous times,” Costello testified about the hush money payment to adult film actress Stormy Daniels that sits at the center of the case.
Cohen told the jury that he lied to Costello about Trump’s involvement in the scheme to use hush-money payments to hide information from voters.
Costello’s reactions to Judge Merchan after taking the stand yesterday afternoon — responding “jeez” to a sustained objection, rolling his eyes at the judge, and appearing to staring him down — prompted Merchan to clear the courtroom before threatening to remove Costello from the witness stand.
While defense lawyers suggested yesterday that they would not call Trump to the witness stand, they will likely have to confirm a final decision about the defendant’s testimony — or lack thereof — before they rest their case.
Judge Merchan has scheduled a charge conference at 2:15 p.m. ET to hear arguments over how to instruct the jury about the law in the case.
(NEW YORK) — Former President Donald Trump is on trial in New York City, where he is facing felony charges related to a 2016 hush money payment to adult film actress Stormy Daniels. It marks the first time in history that a former U.S. president has been tried on criminal charges.
Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records in connection with a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.
Here’s how the news is developing:
May 21, 7:29 AM Costello to resume testimony, defense expected to rest its case
A day after Judge Judge Juan Merchan threatened to remove him from the witness stand, former federal prosecutor Robert Costello will resume his testimony this morning as the second witness in Donald Trump’s defense case.
Costello is expected to be the final defense witness before Trump’s lawyers rest their case today.
Yesterday, Costello told jurors about his meetings and phone calls with Michael Cohen in 2018 after FBI agents raided his office and hotel room. Costello advised Cohen and helped pass messages to the Trump, according to Cohen, but never formally represented him as his lawyer.
“Michael Cohen said, numerous times, that President Trump knew nothing about those payments, that he did this on his own, and he repeated that numerous times,” Costello testified about the hush money payment to adult film actress Stormy Daniels that sits at the center of the case.
Cohen told the jury that he lied to Costello about Trump’s involvement in the scheme to use hush-money payments to hide information from voters.
Costello’s reactions to Judge Merchan after taking the stand yesterday afternoon — responding “jeez” to a sustained objection, rolling his eyes at the judge, and appearing to staring him down — prompted Merchan to clear the courtroom before threatening to remove Costello from the witness stand.
While defense lawyers suggested yesterday that they would not call Trump to the witness stand, they will likely have to confirm a final decision about the defendant’s testimony — or lack thereof — before they rest their case.
Judge Merchan has scheduled a charge conference at 2:15 p.m. ET to hear arguments over how to instruct the jury about the law in the case.
