NY v Trump: Judge to consider defense motion to dismiss after prosecution rests case
Defense says they won't call any more witnesses; closing arguments are scheduled for next Tuesday
Judge Juan Merchan could rule Tuesday morning on Trump defense attorneys’ motion to dismiss the case against the former president altogether after the prosecution rested its case following days of testimony from its star witness, Michael Cohen.
Manhattan District Attorney Alvin Bragg charged Trump with 34 counts of falsifying business records in the first degree. 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.
After Michael Cohen’s fourth day of testimony was complete, the prosecution rested its case, and Trump defense attorneys called two of their own witnesses.
At the end of court for the day, Trump defense attorney Todd Blanche asked for an immediate order of dismissal, saying there is "no evidence" that the filings or business records at the center of the case were false, that there are "absolutely no false business filings."
Blanche said there is no dispute that Cohen acted as a personal attorney for Trump in 2017 and that there is no evidence or intent by Trump to mislead, hide or falsify business records.
Blanche said there would be records of intent to defraud, if they existed, and that there were no other crimes being covered up. He said there was no evidence of anyone thinking of a campaign finance charge when the payment was made to Stormy Daniels or when Cohen and then-Trump Organization CFO Allen Weisselberg developed the repayment plan.
Blanche said Trump paid Cohen a $35,000 "monthly retainer," which is what the records state, and said there is no evidence from any witness to prove any criminal intent.
Reflecting on the prosecution’s case, Blanche pointed to the alleged "catch and kill" strategy used to prevent a "demonstrably false" story a Trump Tower doorman had about Trump from being published.
"How on Earth is keeping a false story from voters criminal?" Blanche asked, adding it was "not a catch and kill and certainly not a criminal catch and kill."