court presentation word hike

Court presentation Word Hike [ Answer ]

• by Game Answer
• 2023-01-13 2023-12-30

This topic will be an exclusive one that will provide you the answers of Word Hike Court presentation , appeared on level 576. This game is developed by Joy Vendor a famous one known in puzzle games for ios and android devices. From Now on, you will have all the hints, cheats and needed answers to complete this puzzle.You will have in this game to find the words from the clues in order to fulfill the board and find the words of the level. The game is new and we decided to cover it because it is a unique kind of crossword puzzle games.

Word Hike Court presentation Answers:

PS: if you are looking for another level answers, you will find them in the below topic :

Word Hike Answers

After achieving this level, you can comeback to : Word Hike Level 576 Or get the answer of the next puzzle here : Come out on top I Hope you found the word you searched for.

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Court presentation - Word Hike answers

Are you looking for never ending fun in this exciting logic brain app? Word Hike is the new wonderful word game developed by Joy Vendor, known by his best puzzle word games on the android and apple store. Each pack has more than 15 levels. Some of the packs are: Departures, USA, France, Italy, Germany, Japan, Australia. We have also good news regarding the game: All the words were discovered by our team! We will share all of them and add new ones on a daily basis. Last but not least, if you are facing any difficulties in solving this " Court presentation " or any other Word Hike level, do not hesitate to leave a comment below. Please feel free to send us a comment below, if you are stuck at any level and cant find the right solution.

Court presentation

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More answers from this level:

• Cost-saving measures:
• Persian stuff on the floor:
• Do some executive recruiting:
• Non-competitive match:
• It's has 12 months:
• Explorers of the unknown:
• Damage from continued use:
• Push steadily against:
• At the back of the pack:
• "Are you satisfied now?":
• Lively, full of life:
• It's sold in bars:
• Part of most sunglasses:
• Speak with your hands:
• Large celebratory meal:

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Home » Thought Leadership » 5 TIPS FOR A GREAT TRIAL PRESENTATION

• July 6, 2021

5 TIPS FOR A GREAT TRIAL PRESENTATION

When you enter a courtroom, you want to believe that the person with the best argument will walk away with a verdict on their side. Although this is generally true, a great trial presentation can help sway the outcome of a case. There are a plethora of psychological studies that demonstrate that people think in pictures. So what does that mean for your trial presentation?Most importantly, it means that people will conjure up their own images unless you can provide one for them. It’s important for jurors to come away with the same information, even when your presentation has been filtered through personal beliefs and biases. Modern television has also influenced the way jurors think about the court system, and many come into court expecting photographic evidence and 3D recreations. Of course, each case is different, but the following tips can help you present compelling visual evidence at trial:

1. Be the person who does the simplification

Don’t give your audience room to draw incorrect conclusions. Although you can leave some room for interpretation when necessary, especially when you are legally unable to spell things out for the jurors, it’s still important that you are the person who connects the dots for your audience. This ensures that everyone is on the same page, and can help bring people together in agreement with you when the jury retires for deliberation.

2. Reinforce specific themes

There will be places in your presentation where you have the opportunity to make important points through your use of titles. Slide and presentation titles are much more interesting when they pose a question, make a statement, or reinforce a theme.  For example, “Timeline” and “Personal History” are weak titles and underutilize one of your best opportunity for imprinting themes and posing questions. Instead, consider using a title such as “What Were John Doe’s Motivations?”, which poses a question that your audience knows you will answer. Luckily, because titles are easy to change, you’ll be able to swap things out on the fly, even if a judge objects to a title you’ve chosen.

3. Enhance your presentation by cutting the copy

Keep your bullet points short and your slides sparse. Although visual impact is an important part of your overall presentation, you should have minimal words on the page. You don’t want your audience to be distracted as they try to read ahead or catch up. Don’t read verbatim from the slides. When you keep your sentences short and simple, you also remove the temptation for yourself!

4. Assume a short attention span

Plan to lose everyone’s attention. Of course, ideally your audience would be rapt the whole time and hanging on your every point. However, it’s best to assume that you need descriptive graphics to keep people tuned in. Graphs, 3D animation, photos, sketches and other visual elements, are much more interesting than plain text.

5. Play to your audience

Finally, you should always try to play to your audience. Consider who they are, and their interests, beliefs and biases. Craft your argument with a specific type of person in mind. The jury is not made up of blank slates. You must consider what kind of evidence your audience can grasp, and provide visual images and contexts familiar to them.

When your presentation is well practiced and well structured, you’ll deliver a common visual experience for those in the courtroom. When you control the visuals, you can guide and shape the narrative to better bolster your own case. Visuals also enhance the ability of your jury to retain case facts and essential information. A great trial presentation can turn the tide of a case by crafting an overarching story that is most beneficial to your client.

For more information on trial presentations, or for help creating some of the compelling visuals we’ve discussed above, reach out to our Trial Presentation department at (800) 889-0111.

If you have questions on any of our services, please don't hesitate to get in touch with us.

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How to Develop and Present Visuals in the Courtroom

Join me as I talk tips for upping your trial performance. I’ll cover all aspects of the trial, including jury selection, opening statements, direct witness testimony, cross-examination, closing arguments, jury instructions, and verdicts. Discussions are welcome in the comments section.

— Tad Thomas

Whether you’ve been handling courtroom cases for decades or you’re just getting started, it’s important to understand the usefulness of visual aids. With the right visual aids, coupled with good public speaking skills, you can give a convincing and credible presentation.

Creativity is not a skill everyone possesses, so establishing visual aids can be frustrating at times. Any special time you spend developing and presenting courtroom visuals will affect how successful you are to the judge and jury.

Tips for Creating Visuals for Trial

If you don’t take the time to create useful visuals for your courtroom presentation, the jurors won’t understand what’s important, and they will quickly lose focus—which is detrimental for your client. Graphics and animations need to flow with the presentation to help the jurors understand the key facts. To create useful visuals, consider the following:

• Focus and Objective. The most important part of creating courtroom visuals is establishing your objective. Once you can do that, you can prepare material that supports the objective in a simplified and organized manner. You don’t need to go for the “wow” factor when your visuals are easily digestible and purposeful.
• Audience. Who is your audience? Once you can answer that question, you can select the points you want to emphasize, know how to provide a useful level of detail, prepare the appropriate visual aids, and create a tone that is sensitive to your audience’s circumstances.
• Length and Pace. The human attention span is not where we’d like it to be. It’s important to remember that when planning your presentation, the longer you go on, the less likely it is that jurors will remember your key points. It can be nearly impossible to regain the jury’s attention once mental fatigue has kicked in. Judges also appreciate the use of graphics that reduce the length of time required for trial.
• Theme and Simplicity. If you’re presenting a large number of graphics, it’s important to have a common style or look throughout the presentation. When you’re thinking about that theme, consider what the jurors’ expectations might be. You also want to ensure the graphics you’re using to convey key points are simple and appealing. If you put too much information into one animation, jurors might not be able to follow along. If you’re discussing complex matters, make sure the big picture is clear.
• Consider Colors. For a visual graphic to be eye-catching, it needs to be high contrast. This means that text needs to stand out to the background, as do any animations, sketches, or other graphics. It’s often recommended to use blue backgrounds with yellow text.

Bringing Graphics and Animations to the Courtroom

While we’ve discussed the importance of utilizing demonstrative aids in the courtroom, we also need to consider the possibility of overusing media. By doing so, you could risk losing the direction and personal connection between you and the jury. While your visual aids are important, remember that you can’t build rapport if your face is always behind a screen.

To maximize your media impact, vary the use of your media through the trial. For example, consider using a simple PowerPoint in your opening statement to anchor your key points. During direct and cross-examination, the flexibility of trial presentation applications will let you move from any exhibit or video clip quickly and efficiently.

While poster enlargements and flip charts can seem outdated, there’s something to be said for using them to serve as quick reminders for key terms and definitions. When it comes to supporting your expert’s testimony, this is a good time to bring in high-powered computer animations and graphics. Finally, consider closing with another PowerPoint that will complement the testimony and bring the jurors back to the fundamentals of your case.

Electronic visuals aids can be highly effective for presenting a case to the jury when you know how and when to use them. When it comes to courtroom visuals, the old cliché “seeing is believing” bears some truth. Jurors expect that much of what they encounter will be visual, so you can leverage that expectation with useful visual aids to provide better education and create a bigger impact—one that is hopefully favorable for your client.

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Trial Presentation 101: Impactful Courtroom Demonstratives

• Michael Beumer

TRIAL PREPARATION SERIES | PART THREE of THREE

A looming trial or hearing date is no reason to panic. As we have described in PART 1 and PART 2 of our blog series, if your trial team has kept a well-organized and thoughtful document review and deposition process, your trial preparations and courtroom presentation should come together naturally. 

The key to making impactful trial presentations and graphics is not necessarily doing anything novel, but creating a cadence and drawing attention to the key points you’re trying to make. Your review team should have identified most of your key points when reviewing evidence. Organize it so that the most important and clear-cut examples can be easily found by the trial team.  

You must relate the most compelling story possible when your matter is tried in front of a judge, panel, or jury. Here’s how to do it.

★  In Trial Presentation, Simple Is Better

Above all, keep your courtroom presentation simple. Even if you have uncovered a mountain of damning evidence, your job in presenting your case is to tell a simple and clear story. When presenting, don’t overwhelm your audience and don’t die by bullet point. The less clutter on a slide, the more memorable your language and imagery, the more powerful the message will be. 

Once ESI has been reviewed for relevance, only a few key pieces or passages might actually be presented at a deposition , hearing, or trial. Consider how you’re organizing your presentation. 

The bullet points you use should be descriptive but succinct. Your timeline should be clear and easy to understand. Use charts, quotes and visual images to draw the viewer in and tell your story, not just illustrate a chronology. As discussed in our Taking Depositions post, a timeline not only organizes your evidence, but helps find patterns to define and accentuate your story. 

★  Timelines in Trial Presentation

To ensure your courtroom presentation is on point, use analytics to see date ranges and help determine your starting and ending points. Metadata can sort evidence by date so that you can organize it in a timeline view and can see patterns over time. 

These timelines are functional, but they can also be given to a professional graphic designer who can create a simplified, polished timeline slide for presenting in court. ( Reach out to Nextpoint for help with your trial graphics.)

Once your trial team and creative team understand key themes, the timeline becomes a roadmap or case brief. It will help set the stage for the audience and identify your cast of characters. Just like a good novel, consider the conflicts. Consider the rising action that brought conflict in the case. Then help lead the audience to a logical conclusion.  

One of the most difficult questions is how to manage complex electronic data. Data is an important part of most litigation today. The aim is to create custom graphics to complement the data and make it more digestible for a judge, arbitration panel, or jury to follow. 

Alternatively, you can employ a true exhibit presentation platform (such as Nextpoint, Trial Director or OnCue) to present data using callouts to make the data or financial information easily comprehensible. 

★  The Tools of the Trial Presentation Trade

As you receive designations from opposing counsel, organize them side by side with yours. In Nextpoint, reporting features allow you to discover what designations have been made. You can also see if there are any discrepancies and any objections you might raise. Issue tagging and coding in review will help make your key points and themes clear. We pointed that out in our recent post  on trial preparation.

In addition, you can view designation types and search across all depositions easily. This means information can rise to the top so you can have a vertical view to leverage transcripts of depositions . This is especially useful for MDLs or large scale litigation which may involve depositions and evidence from other jurisdictions or matters. 

If you’ve done this work ahead of time, creating final exhibits will be much easier. In fact, many of our clients will run presentations from their trial database . Simply call up documents and video as needed and replay important designations or clips. 

Callouts make great visuals. But professional designers or a good slide template can make even more powerful presentation materials. 

Modern trial databases are great tools for organizing and presenting your case. But we also believe in old-fashioned courtroom presentation materials. As courts go back to in-person meetings, a mixed media presentation should include digital exhibits on your presentation platform. You can also include a poster board that you can point to in the courtroom or arbitration room to hammer home important points. 

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Check out Parts 1 and 2 of our Trial Preparation Series:

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• Taking Depositions: Preparation Strategies for Attorneys   explains how to get the most out of your depositions and manage them alongside the rest of your case

And download our comprehensive eGuides on case building and deposition prep

If you’re looking for help with your courtroom presentation or any part of the litigation process, please reach out to the experts at Nextpoint . We can help you create custom graphics for your presentation, provide assistance in person when you go to trial, and so much more.

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Resources and information all Self-reps need.

15 skills for effective presentations in court.

Representing yourself requires a certain skill set. We’re providing you with a set of 15 skills that you need to be persuasive in presenting your case. Keep these in the back of your mind throughout the process and you’ll be ready to rock the courtroom.

Part of the benefit of working with The Family Law Coach is that we can provide you with the assistance you need to gain these skills before and during the process. When you’ve gone through this list, check out the Services offered by The Family Law Coach to see how we can help you help yourself.

Skill 1. Telling the judge why you’re in court, and what you want, in just one or two sentences.

Many self-reps feel that finally being in front of a judge gives them the chance to “tell my story” and get a whole lot of grievances and complaints off their chest. They want to vent about all of the injustices and wrongs done to them and how bad the other party is. The judge may look interested, but is this effective? No.

Just because a judge is being patient, and waiting until you get to the point, doesn’t mean he or she is agreeing with you. They’re working hard to pull out the relevant details to help them make a decision. The harder the judge has to concentrate to get the information he or she needs, the more difficult it is to make a decision in your favour.

You need to be concise and practice the skill to put your complaints aside and deal with only 2 questions: Why are you here? What result do you want?

Make sure to take the time to rehearse the answers to each question so you can state your position in a loud and intelligible voice. Here are some concrete examples.

“Judge, I’m here to change the access arrangements from the existing order to the terms set out in the schedule attached to my notice of motion. Essentially I’m asking for a more flexible arrangement than the one now in place.”

“Your Honour, I’m here because In lost my job 6 months ago and the best new job I could get pays less than what I was earning when I agreed to child support of $879 per month. I need an order for reduced support payments, but my former wife won’t agree.”

“Judge, my former wife is asking that she be allowed to move to a different city because she’s planning to marry her boyfriend who lives there. But that will have a disastrous effect on the time the children and I have together and the nature of our time together, and I’m opposing her request for that reason.”

“Your Honour, my former partner has been interfering with my access to our children by making last minute changes in arrangements to suit her/his convenience without consulting me, cancelling visits unilaterally, and generally refusing to comply with the terms of our access order. I’m asking that she/he be found in contempt and that the order require that the terms be complied with or the residential arrangements for the children are to be changed to me.”

In each case it took only 2 sentences to give the court a good idea of what the matter is about, both side’s positions, and your suggested solution.

This is called the Tim Horton’s Pitch: what you tell the person in line for morning coffee when they ask what you’re doing today so you can be finished before it’s their turn to order.

But more than simply being brief, it shows that you respect the system and the court’s time by being clear and to the point. So long as what you say is truthful and supported by the evidence, it shows that you’re a trustworthy person to whom the judge should pay attention. It’s a terrific way to be effective.

Skill 2. Practice, practice, practice

It’s not easy to get the reason you’re in court into just a few, clear, sentences. It takes practice. Thinking that you can ad lib this when the judge looks at you to speak is a big mistake. Good lawyers take lots of time to get their case into the important first few sentences. They try doing it different ways. And they practice saying it out loud.

Some of us convince ourselves that we know our case so well that we don’t need to practice anything. Others convince ourselves that our matter is so complex and involves so many details that we can’t get it into a couple of sentences. We think the judge needs to hear everything in order to understand what the case is about. And some of us convince ourselves we’re just no good at talking on our feet and we won’t be able to tell the court what we want it to know.

That sort of thinking creates mental blocks that hold us back. One trick to overcoming this is practice.

Write down what you want to say. Read it over and change it to what the judge needs to know. Try different ways to present your case to see what works best for you. Then shorten it until you get what the judge needs to know into 2 -3 sentences.

Write down whatever you want to say in point form. Make each point only one or two sentences. Re-arrange the points into a logical sequence. Look at what you’ve written for each point and see if it can be shortened. Then practice saying it out loud in front of a mirror or to someone you trust and can give you feedback.

The more you practice the easier it will be to tell the judge, and the more comfortable you’ll be in court. Pro athletes practice before every game. So should you.

Skill 3. Avoid the nasty

Personal attacks hurt your case. You may be tempted to put negative things about the other party in your material or presentation, but you need to be able to resist that temptation.

Spending time to complain about the other person and all the nasty things that they did hurts your case. If it’s not relevant, you’re wasting the judge’s time and making it harder for him or her to understand the important information. If you turn off the judge with your whining and complaining, he or she might miss hearing the important things you have to say.

If, however, the conduct of the other party is really relevant to the issue, make it clear why the information is important to the judge’s decision. For example, if the behaviour shows that the other party says inappropriate things front of the children, or if he or she acts without judgement.

Making things relevant to the issues the judge has to decide, instead of leaving them as a personal attack on the other person, makes your comments far more powerful and effective. Judges don’t like hearing negative personal attacks.

Skill 4. Writing in an clear and logical way

Much of the key work in creating an effective case is done before you stand up to speak. It’s in the written material the judge reads in the file. What you write and how you write it is the first step in showing the judge why the court should give you what you want.

Are you able to set out your story, what you want, and why you should get it, in a clear and understandable way? You need to be able to organize what you need to say in a way that makes sense to the judge. Just like what you say to the judge when you’re speaking, what you say to the judge in your writing needs to be clear and easy to understand.

The key to good legal writing is re-writing. Go over what you’ve written and then ask yourself: “If a stranger didn’t know anything about my case would they get a good idea of what it’s about and why they should agree with me, or would they find parts of what I’ve written confusing? Will they get my point? Is what I’ve written difficult to read or easy?”

Then start over and re-write everything. Show it to someone. Ask them to help you be more clear and focussed. Remember why you’re writing the document – it’s not to get everything of your chest, it’s to give the judge the information he or she needs to understand what you’re asking for and to encourage them to give it to you.

If you can do this, you’ll find your written material to be a really effective way of getting a judge to want to help you, even before your case is called.

Skill 5. Gathering the relevant information and staying on top of the materials you need

You may have to gather information as part of your case. You may need to get correct bank statements to show what money was in different bank accounts, or account statements to show the value of investments or RRSPs, at key dates. You may need copies of Insurance policies or property ownership papers, or tax and utility bills. Perhaps you’ll need information from your employer or doctor.

They key to gathering information effectively is to create a list and check it off as it’s collected. Keep it in one place and keep it organized and you’ll be good to go.

Skill 6. Being Organized

It’s important to be able to organize your material. Do you have the various exhibits and supporting material you need to support your story? Can you collect the documents and evidence you need to support your position? Can you put your material into a sensible and organized structure?

If you can do this, great. If that’s not what you do well, ask a friend or family member to help you organizing everything. Taking the time to organize your materials helps you to organize your case and present it to the judge in an effective way.

Skill 7. Being a good researcher

In some cases a bit of research is needed to collect the information and evidence that supports your story. You may also need to gather legal information. Will you be able to do your own research? Do you know how to do it?

Skill 8. Being on time and knowing how to wait

Court matters are filled with deadlines. Are you able to get your papers filed on time and show up in court when scheduled?

Do you have the time to get to the court office and to get the information you need? Are you able to explain what you want and do you have the patience, if needed, to go from one court office to another until you get it?

If you’re late submitting documents or in showing up to court, this could have a very serious impact on your outcome.

It’s not uncommon for a self-rep to find that they’ve gone to the wrong counter or wrong office are in the wrong line or have the wrong papers with them. It’s important that you recognize this at the beginning, give yourself lots of time and have patience.

And patience is an important thing to bring with you whenever you have to deal with the court offices. Often the lines are long. Give yourself lots of time. The family court process is going to have a long-term impact on your life and it’s worth taking extra time so you can avoid being late.

Skill 9. Paying attention to detail

Are you able to pay attention to detail? For example, before beginning to fill in a blank on a form do you read the instructions to be sure you’re filling it out properly? Have you attached all the documents you refer to in your materials? When you refer to a section of some legislation, have you checked to be sure you’ve got the right number and reference?

If you’re missing any details or fill out a form wrong, it will be harder for the judge to rule in your favour. So it helps your case if you’ve been careful about everything before you file it with the court office.

Skill 10. Understanding the appropriate Guidelines that affect your case

Have you looked at the Child Support Guidelines or the Spousal Support Advisory Guidelines to be sure that what you’re saying about them is accurate? Have you checked out the sections you’ll be referring to and do you understand them?

There are guides available for each the Spousal Support Advisory Guidelines and the Child Support Guidelines. Read and understand them. It will help you be effective in presenting your case.

Skill 11. Distancing yourself

There’s a phrase in legal circles: “A lawyer who acts for himself has a fool for a client.” It means that the best person to represent you is someone who isn’t emotionally connected to your case. As a self-rep, you’re acting for yourself, so of course you’re emotionally connected.

So the skill here is to be as objective and realistic as possible. Be practical and rational instead of emotional. You can only be effective if you’re not all worked up about the case. This isn’t easy. But it’s important. Can you do it?

Try to look at the case from the perspective of a person who doesn’t know you and doesn’t know the other party.

Acting rationally includes recognizing the weak parts of your case and dropping them. This will help you maintain realistic expectations and help you focus your presentation. Think about what stranger would need to know to give you what you want, and if that person would think you deserve it.

You need to be objective about the case and your positions.

Skill 12. Knowing your motivation and remove the destructive elements from your position

Are you motivated to fight so that the other person doesn’t “win,” or get an “easy victory”? Are you motivated by jealousy or revenge? Do you want to punish the other person for what they did to you or your family? Tough. Those aren’t reasons to fight in court and won’t get you anywhere. Do you have the skill to remove these factors from your thinking?

Knowing why you’re really taking your positions will help you shape a more effective presentation. If your positions are motivated by one of the factors mentioned above – re-think your approach. At least, re-frame it so that you can present a more positive position that will get you the results you want.

Skill 13. Separating money issues from the kids

Do you have the skill to consider what’s best for the kids even if that means getting less money, or paying more money, than you wanted?

Not everyone is able to admit when continuing the fight will be harmful to the children. Can you put their interests ahead of yours?

Very often that’s what the case comes down to, and you’ll do better if you recognize this before a judge does.

Skill 14. Standing up to a bully

Are you able to stake out a reasonable position and stick to it despite threats and bullying from the other party? First, you have to recognize when you’re dealing with a bully. A bully is someone who uses:

• manipulation
• personal attacks

You may have given in lots of times in the past to keep things together, but do you have the skill now to say enough is enough? A bully knows what sort of tactics worked well in the past and will try to use them against you in court. Can you stand your ground now? That doesn’t mean you need to retaliate. It means maintaining your position and clearly stating that position to the judge.

The interesting thing about bullies is that they get away with their conduct so often that they assume you’ll give in again. If you stand up to a bully, a judge can usually see what’s happening and put that bully in their place.

Often, standing up to a bully starts with just saying “No. Enough. I’m not giving in again.”

Skill 15. Knowing what you’re good at

The truth is that not everyone is terrific at each of these things. Not even lawyers. The trick is to recognize which skills you have and are good at and which ones you need to work on. Keep in mind that that all of us can use some help from time to time and don’t hesitate to ask for it. You may have a family member or a friend who is better at one of these skills than you. See if they’ll help you out. If they can’t, maybe they know someone who can.

Use your strengths as best you can and don’t pretend to be good at something you’re not. Get the help you need so you can present your case as effectively and persuasively as possible.

Unbundled services

If you need help with one of the skills listed above, it’s a smart move to get some assistance – to seek out someone to offer coaching about how to handle yourself, or to get advice about strategy, or some help with preparing the documents you need, or to give you the legal advice you’re missing.

If you can’t afford, or don’t want, to hire a lawyer to take over your case in the traditional full retainer model, then seeking out fixed fee services, also known as “unbundled services” could be the solution you need.

With unbundled services, a lawyer will agree to help you with part of your matter but not take over all of your case. It might be to prepare documents for you or to appear in court for you. Or it might be to spend time with you going over your documents and discussing strategy.

The Family Law Coach

The Family Law Coach provides self-reps with support through a menu of fixed fee services that you can access from anywhere. You can pick and choose the service that makes the most sense to you. You will know what you’re getting and the cost in advance so you can stay within your budget.

No up-front retainer. No need to travel to a lawyer’s office. No uncertainty about the cost.

With just a computer or a phone you access to a lawyer who can provide coaching in the skills you need to succeed in the courtroom.

Check out our Services and choose the one that’s right for you.

See our Directory for a list of other service providers that are providing unbundled services.

We apologize but we are at capacity right now and will be taking new clients September 30th.

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PowerPoint in the Courtroom: Powerful Points to Consider

PowerPoint continues to take a lot of hits lately for being ubiquitous, pointless, overused, over-animated, flashy, over-relied upon and distracting in many different fields – education, healthcare, government, law, corporate life to name only a few. This should surprise no one, especially since it has become so widely used. In a 2012 piece, BusinessWeek estimated one billion installations of the software. That same article also estimated 350 presentations happening every second across the globe. It should also surprise no one that almost as many opinions about its evolving worth have resulted.

Its widespread use is likely similar to what Microsoft Word did to both writing (I type, Voila! therefore I write) and to the lost art of typesetting by hand (if you still double space after a period, you shouldn’t). Courtrooms and other venues of dispute resolution are increasingly wired and ready for such presentations. And with an estimated 95% of the presentation software market cornered, PowerPoint is the go-to tool many legal teams use to preview and highlight evidence they expect to come in at trial, and also to sum up the evidence that actually has come in when they argue closing. In addition, they use the software to organize their thoughts, thinking perhaps that they are saving time.

PowerPoint is an incredibly sophisticated and versatile tool, one that in the right hands can also be an effective and persuasive complement to an oral presentation in the courtroom. This essay explores the current use of PowerPoint in courtroom presentations. It imagines a higher level of quality when “beauty” is considered and applied, that differentiates from the expected, safe, pedestrian types of presentations.

If even a fraction of the estimated 350 presentations delivered every second around the world, courtroom PowerPoints serve many, many purposes that can be considered successful. They keep attorneys on track, they summarize for those jurors who are paying little attention, they repeat or echo the words being spoken (for better or worse), they provide a crutch when needed, and they give otherwise bored judges and jurors something else to study when the material itself either isn’t all that interesting, or is so foreign as to be completely disregarded. All in all, a quick, easy recipe for mediocrity.

Consider some time and attention, and an eye for the esthetic, and you’ve just raised your expectations of what PowerPoint might actually do for your case. One of the first things we ask artists to do when creating presentations is to start with something attorneys can’t easily create themselves. Stay away from the myriad templates and default fonts. Use deliberately chosen colors, fonts and be free with formatting because creating a visual system for conveying complicated information will often translate to thoughtful, dignified means of communication.

Speakers began supplementing presentations with visuals as soon as it was technically possible. If we really want to explore this without blaming PowerPoint for everything…what exactly were the cave drawings? Weren’t they at least evidence that early humans were trying communicate visually with the tools of the day? And do we see anything but pictures on those walls? Though I don’t visualize a cave dweller standing up and pointing to “present” anything, if they were, they were doing it all without a clicker… So skip ahead a few years or millennia.

Remember overhead projectors anyone? Teachers used them regularly and wrote with colored permanent markers on transparencies run through copy machines instead of paper. I mention this, because like the classroom, the courtroom too has used whatever means available to “show” or “demonstrate” something to an audience of learners – to help speak to a group at once while directing attention to something other than the speaker.

Technology in the modern era began splintering our attention spans – television commercials, call-waiting – all before the Internet, mobile phones and then smart phones – and as a result, likely caused a restlessness in audiences who began thinking, “surely there must be something more interesting to look at other than the speaker while I am listening” or “what am I missing while I listen to this?” And if you can remember a time before PowerPoint, then you know that it doesn’t mean the points on “computer graphic” slides had any more power then. Though they certainly cost more – a slide-producing artist in the early 1980s could easily earn $25 – $50 dollars per hour designing slides using $80,000.00 computers. There were no such thing as templates, and photography studios were busy developing the film that made slides from DOS files on floppy disks. But I digress.

Those of us who remember courtroom presentation aids before PowerPoint (it has been reported that the use of a blackboard in the courtroom was controversial and the center of debate as late as 1959) might attest to their power. But they weren’t easy or fast to make, so they required more time, attention, focus and planning (anyone for cutting and applying large sheets of color tints to large black and white printed and mounted photo paper?). Imagine crestfallen trial teams on the eve of trial when a case had just settled, sitting amidst a multitude of 3×4 foam core exhibits that at best would end up being used for play in backyards.

And perhaps that is why courtroom exhibit boards might be considered even more powerful than what we see in courtrooms today. They didn’t “flash” and disappear for one thing. And whoever coined the phrase “A Picture Is Worth A Thousand Words,” must have understood that the thousand words had to come before the picture. And that one does not supplant the other, rather one relies on the other to exist.

And, while at first blush it would seem a foregone conclusion that to create the one picture that was worth a thousand words, it would be silly (and possibly infuriating) to think it were easy to do so. I feel compelled to mention here that too many PowerPoint presentations in court look like “a thousand words,” all on one slide. Again, I digress.

How does a trial attorney go about getting her arms around the whole idea of PowerPoint in the courtroom? Which, some may say, is at its simplest, a slide projector (on steroids). How does one go about developing a complementary visual presentation that actually helps, rather than hurts your case in front of a judge or jury or both? How does one avoid slide overload?

Here’s how: pencil to paper. Don’t start with PowerPoint, start with the “thousand words.” Refine them, edit them, re-work them, oh heck, sketch them. Arrive at your message, and then commit to a medium that may or may not include PowerPoint.

And know this for certain: there is a place for beauty. You may feel smart for having created slides that are attractive, clever and complete. But more likely, those slides offer a great start, and resemble your script more than the final visuals. We have transformed a fair number of attorney-drafted “slide decks” by transferring their content into the Notes section of the slides so that we could use the slides to complement and reinforce the message rather than be the message.

The legal arguments attorneys deem so urgent and vital that they must be accompanied by something other than your spoken word at the podium, will have a better chance of being persuasive if you choose a visual designer, who thinks about beauty, composition, flow and esthetics to develop your final presentation. Imagine the edge you gain, if you finalize content, and then let it go so that someone else, trained in the esthetic, could take it to the next level with visual comprehension in mind.

You may be thinking, “PowerPoint is so easy, I have begun composing with it, so I’m ahead of pack, already working in the final form” or “we have a young kid who works wonders with PowerPoint – he’s fast, creative and so facile with the software.” Think about this: The ability to compose in PowerPoint might translate to speed, cleverness, technical skill, but it won’t likely translate to clarity and context, one thing you need for sure in the courtroom. And most importantly, technical savvy alone doesn’t put the viewer first, which is the very best way to judge a visual presentation.

Whatever you do, avoid throwing the baby out with the bathwater, and taking the proverbial high road. We have heard many versions of this: “I don’t need to think about that stuff. I’m an old-fashioned type of guy. I just need to stand up and tell my client’s story without all that fancy technology.”

Think long and hard about how that will compare with your adversary, the one using visuals well and with practice. One attorney I spoke with insisted that his recent win was due in large part because his adversary used a bunch of “fancy technology” and he did not.

Eschewing PowerPoint or “fancy technology” just because you have never needed it in the past, or because you think you can outsmart anyone who does, can be a highly risky strategy. Another attorney recently followed up his losing trial with “we were ‘out done by a multimedia show,’” he said. “They had a virtual circus on the other side, and I think the jury was entertained and felt as if those attorneys were telling the a complicated story in a way that helped them understand – mind you, even if they didn’t.”

I am not sure either comment above proves, or disproves the merits of visual communications, but the myriad style choices that come inside presentation software packages like PowerPoint are the culprit here, and part of the reason for the bad press. Flipping, dancing, bouncing and flying bullet points do not a successful oral argument make. But the process of creating them can make you think about your content in a meaningful way. This will become clearer to you if, after composing in PowerPoint until you are happy with the content, you hand it over to a visual designer, one who is well-versed in legal setting usage. Doing so will:

• Create a more visually understandable and appealing piece of work, and
• Support you, not supplant you as you argue on behalf of your client.

At a minimum, a visual aid can complement your style and message, whatever it is. And by visual aid, I do not mean your script in large white bullet points on a lovely blue, gradation laden background. I mean carefully choreographed images interwoven with your spoken words that lead to the visual connections your jurors will make. This includes the use of black screens when the time is right, so that your audience is captivated by your words and their meaning alone.

Lastly, if the value of a picture is truly a thousand words, it should be noted that PowerPoint doesn’t absolve you of the task to write those thousand words. But it can help you bring them to life with powerful dimension in ways that move people to act in favor of your client.

Suann Ingle, M.S. , has been helping attorneys and executives deliver great presentations since the days before PowerPoint. Working with trial teams in national venues, from pitch to verdict, Suann integrates the principles of graphic design, jury research and analysis, simple and purposeful communication techniques, and interactive presentation technology to achieve consistent messaging and effective representation for her clients. You can read more about Ms. Ingle at her  website .

Even a Caveman can do it! PowerPoint in the Courtroom http://t.co/79hvNzuWFX Great piece by @SuannIngle via @TheJuryExpert

Even a Caveman can do it! PowerPoint in the Courtroom http://t.co/jJ4zqrLxdT Great piece by @SuannIngle via @TheJuryExpert

PowerPoint should “support” not “supplant” – this and other lighthearted thoughts on its use in the Courtroom http://t.co/jzlfOCFQFH

PowerPoint in the Courtroom: Powerful Points to Consider http://t.co/eWTTvzZQxA

Interesting (power)points for trial lawyers using presentation technology. http://t.co/5O4kEQV9Am

https://t.co/Bc3K96ndCC Fun food for thought for your “day in court” if you are using visuals. #thejuryexpert #athomeinthecourtroom #SIA

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A mock trial is a simulation or enactment of a judicial proceeding. Mock trials provide students with knowledge of the judicial system, legal process, and courtroom procedures. Mock trials help to: develop students’ questioning skills, critical thinking, and oratory skills; demonstrate the roles of various actors in the legal system; and provide the class with exposure to legal resource people, such as judges, attorneys, and law school students. Mock trials may be based on historical events, cases of contemporary interest, school events, or hypothetical situations and fact patterns. The format of a mock trial can be either formal or informal. The formal vs. informal format depends on the objectives of the activity, the time available, and the students’ skills and prior experiences.

To access a collection of free civil and criminal mock trials, check out  Street Law’s resource library . You may also be interested in  Street Law’s Classroom Guide to Mock Trials and Moot Courts .  

• Distribute the mock trial materials to the class. All students should read the entire set of materials including facts of the case, witness statements, and any other material.
• Assign or ask for students to volunteer for the various roles in the mock trial. Depending on the type of trial, students should be selected to play the roles of attorneys, witnesses, bailiff, and court reporter. You can form a jury using students from your class, students from outside the class (e.g., study hall) or adult volunteers. Generally a teacher plays the role of the judge in order to ensure proper courtroom procedure.
• Plaintiff team  (a prosecution team in a criminal trial): ask students to prepare opening statements, prepare direct and cross-examination questions, prepare witnesses for their testimony on the stand, and closing arguments. Be sure to share the rules of evidence with students as they prepare for the trial.
• Defense team:  ask students to prepare opening statements, prepare direct and cross-examination questions, prep witnesses for examination and cross-examination, and prepare closing arguments. Be sure to share the rules of evidence with students as they prepare for the trial.
• (optional)   Support role team  (bailiff, court reporter, and jury): help you prepare for the trial by running errands and setting up the room.
• Plaintiff team opening statement
• Defense team opening statement
• Direct examination of plaintiff witness #1
• Cross examination of plaintiff witness #1
• Direct examination of plaintiff witness #2
• Cross examination of plaintiff witness #2
• Direct examination of defense witness #1
• Cross examination of defense witness #1
• Direct examination of defense witness #2
• Cross examination of defense witness #2
• Plaintiff team closing argument
• Defense team closing argument
• Once closing statements have concluded, explain the deliberation guidelines to the jury and ask the jury to leave the room to deliberate. To make the process more organized, consider asking one jury member to serve as foreman. Once the jury has deliberated and come to a judgement or verdict, ask the jury to return to the room. Either the judge or jury foreman can read the judgement or verdict.
• Conclude the trial by asking the jury to explain how they came to their judgement or verdict. Administer any assessments or reflection activities at this point.

Simplified Rules of Evidence

In United States courtrooms, elaborate rules regulate the admission of evidence. These rules ensure that both parties receive a fair hearing and exclude evidence that is irrelevant, untrustworthy, or unduly prejudicial. For purposes of a classroom mock trial, the rules of evidence may be greatly simplified. The following rules are those most commonly applied to a classroom mock trial.

Form of questions:

• Leading questions  are permitted during the cross‑examination but not during direct examination of a witness. A leading question is one that suggests the answer desired by the person asking the question. For example, “Mr. Hayes, isn’t it true that you were drinking on the night of July 23rd?”
• Direct questions  are generally phrased to evoke a narrative answer. For example, “Mr. Bryant, can you please tell us what happened to you on the night of July 23rd?”
• Questions that call for witness opinions:  As a general rule, witnesses may not voice their opinions. They should confine their testimony to matters of personal knowledge (i.e., what they did, saw, heard, smelled, etc.). Certain witnesses who have special knowledge or experience in a certain field, however, may be qualified as “expert witnesses.” An expert witness may express an opinion about his or her area of special expertise. For example, an attorney might ask: “Doctor, what medical condition caused the plaintiff to die?” If the doctor is a veterinarian, the question would not be allowed. If the doctor is a medical examiner or forensic pathologist, it likely would be allowed.
• Questions that call for hearsay : Hearsay is an out‑of‑court statement offered to prove the truth of what is asserted in the statement. For example, suppose a witness says, “I heard that John Bryant has a criminal record.” This is hearsay if offered to prove that John Bryant has a criminal record. Such statements as “I was told…,” “I heard …,” “I was informed…,” are other typical examples of hearsay statements. As a general rule, hearsay is not permitted as evidence in a trial. Students should learn, however, that there are exceptions to the rule against hearsay and that it is sometimes permitted in an actual trial.
• Questions that are irrelevant : Only relevant testimony may be presented. Irrelevant testimony is that which has nothing to do with the issues in the case. For example, if a lawyer asked, “Mr. Hayes, what is the last good book you read?” that question would not be pertinent to the case.

Introduction of physical evidence:

If there is any physical evidence (e.g., documents, photographs, etc.) that either side wishes to have introduced at trial, this may be done by:

• Asking the judge for permission to have an item marked for identification (e.g., “Your Honor, I ask that this letter be marked for identification as Defendant’s Exhibit A.”)
• Showing the item to the attorneys on the other side to give them an opportunity to make any objections.
• Asking the witness on the stand to identify the item (e.g., “Mr. Kay, this has been marked Defendant’s Exhibit A. Could you please tell us what it is?”)
• Moving the item into evidence (e.g., “Your Honor, I offer this letter for admission into evidence.”)

Impeachment:

If a witness’s testimony contradicts the facts as offered in the witness statement or other witness statements, attorneys on the opposing side can impeach the witness on cross‑examination. “Impeach” means that the opposing side can point out the contradiction and thereby call into question the truthfulness of the witness.

To impeach a witness, the opposing side should:

• Show the witness statement to the person on the stand.
• Ask, “Is this your sworn statement?”
• Ask the witness to read the portion of the statement that contradicts his or her testimony.
• Point out the contradiction to the court.

In classroom situations, student attorneys may object if the other side introduces evidence that cannot reasonably be deduced from the fact pattern given.

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Though many people choose to plead guilty or settle before trial, anyone is within their right to take their disagreement to trial.  After voir dire , the trial begins.  Each step of the trial process is part of a rigorous system driven by a single purpose – to protect the rights of citizens by resolving disputes fairly.

(c) Sam Fentress, Courtesy of HOK

1. Opening Statements

Every trial proceeds in basically the same way.   Both parties are seated in the courtroom.  In a criminal trial, this includes the prosecuting attorney for the government, as well as the defendant and their defense attorney .  In civil cases, both the plaintiff and defendant , and their respective attorneys, if any, need to be present.

The attorneys will begin by making their opening statements .  The attorneys use this time to give the jury an overview of the case they intend to present.  They are just statements, however, and cannot be considered as evidence by the jury.  The side bringing the case is the side that bears the burden of proof , and thus always goes first.  This is the prosecuting attorney in a criminal case, or the plaintiff in a civil case.  The defense then follows with their opening statement.

As the trial moves forward, the prosecutor or plaintiff presents their case, but the defense has an opportunity to respond.  This process of two sides going back and forth, is the heart of our trial procedure, and is based on an adversarial system .

2. Presenting the Prosecution/Plaintiff's Evidence

Opening statements are followed by the case-in-chief .  The prosecutor or plaintiff’s attorney again goes first.  They present evidence in the form of physical evidence or documents and also the testimony of witnesses.  A witness is someone who has personal knowledge of a situation that may be helpful to the jury in deciding the outcome of the case.  This personal knowledge is shared with the judge and jury through a series of questions between the witness and the plaintiff’s attorney or prosecutor.  This is called direct examination .

Once the direct examination is finished, the defendant’s attorney gets an opportunity to question the witness.  This is called cross examination .  When the cross examination is complete, the judge may allow the plaintiff to ask more questions in response to things mentioned during cross examination.  This is called re-direct examination .

Once the prosecutor or plaintiff has presented all their evidence and witness testimony, and the defendant has had a chance to cross examine, the prosecution or plaintiff then rests their case.

3. Presenting the Defense's Evidence

The defendant then presents their evidence and witnesses in the same fashion; by direct examination.  The plaintiff or prosecution is allowed to cross-examine, and the defendant gets to ask further questions on re-direct.

In a federal criminal case, because the burden of proof is always on the prosecution, the defendant never has the burden of doing anything.  This means that the defendant does not have to present any evidence whatsoever.  Additionally, the defendant has a constitutional right to remain silent in order to prevent self-incrimination when testifying.  If the defendant doesn’t think the prosecution has proven the case, they may chose not to take the witness stand or to present any further evidence.

On the other hand, in civil cases , it is almost always in the defendant’s best interest to disprove the claims of the plaintiff.  Therefore, the defendant will usually testify in a civil trial.  Sometimes, the plaintiff calls the defendant as a witness.  When this happens, the defendant is called a hostile witness .

Evidence is used by the parties to prove or disprove unresolved issues in the case.  There are rules in place to govern how evidence is collected, what evidence can be admitted in the case, and how the judge and jury may consider evidence to render a decision.

If you watch television programs that depict the legal process, you may incorrectly think that physical evidence is the most common type.  Actually, the most common type of evidence is provided by witness testimony .  Often witness testimony may be the only evidence presented.  It’s up to the jury, or the judge in a bench trial, to decide the true facts from what is said by each party and each witness.

• Eyewitness testimony – The testimony of someone who observed the actual event taking place.
• Witness testimony – Testimony of a person who has personal knowledge of relevant information.  Because this witness is not an eyewitness, inferences will need to be made by the jury or judge based on the testimony.
• Expert witness testimony – Testimony of a person who is qualified to help the jury or judge understand specialized details of the case.  Expert witnesses are asked to express their professional opinion during the trial.
• Physical evidence – Physical objects and documents can be used by either side to prove or disprove issues.  An example would be DNA, fingerprints, or a photograph.

All witnesses must swear or affirm that their testimony will be truthful.  If a witness makes false claims while under oath , they can be charged with perjury , which is itself a crime.

If you’ve watched a fictional trial on television, you’ve probably heard a character scream “I object!”  Objections do happen in the courtroom, though they are usually less dramatic.  During testimony, the opposing party can formally object if the questioning is not following the rules of evidence.  Unlike on television, the attorney making the objection has to state a legal reason for interrupting the testimony.  There are many kinds of standard objections.   The following are examples:

• Hearsay – Even if a witness didn’t directly observe the event in question, they still may only testify from their own personal knowledge.  Discussing something that was said by another person is called hearsay, and is prohibited.
• Irrelevant – Witness testimony must be related to the issue or event in question.  Off-topic testimony is not allowed.

Ruling on objections.   Because it’s the job of judges to interpret and apply the law, they rule on each objection.  If the objection is sustained , the attorney must stop that line of questioning and move on to the next question.  If the objection is overruled , the attorney can continue with the question.  All objections and rulings are recorded in the official record of the trial by the court reporter.

4. Closing Arguments

Once the attorneys for both sides have presented their evidence, they each will give closing arguments .  This is their opportunity to summarize for the jury, and draw attention to the facts that support their side.  The closing arguments are not evidence. The plaintiff or prosecutor goes first, followed by the defendant.

5. The Jury's Verdict

After closing arguments, the judge will give final jury instructions to the jury

The judge will instruct the jury to select a foreperson who will act as their organizer and spokesperson.  The judge will give them a verdict form to complete, and they will then retire to the deliberation room to decide upon their verdict.  All deliberations of the jury are private and confidential, and do not become part of the official court record.

Once the jury has reached a verdict , the foreperson alerts the court it has done so.  This may take one hour, one day, or one week; there is no time limit or deadline.  In federal court, all jury verdicts must be unanimous.  All parties are called back to the courtroom and the foreperson or the clerk officially announces the verdict in open court.  A criminal verdict can only be guilty or not guilty on each of the charges.   When defendants are found not guilty, they are free to go and can’t be tried again for the same crime.  This is called protection from Double Jeopardy , found in the 5 th Amendment .  If the defendant is found guilty, the punishment is to be decided by the judge, at a later date.

A civil verdict can be much more complicated, and may include whether or not the defendant’s actions or lack of actions caused injury to the plaintiff, and, if so, then the amount of compensation or penalty the plaintiff has to pay.

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A Practical Approach to Effective Litigation (8th edn)

• Table of Cases
• Table of Statutes
• List of Abbreviations
• 1. The Growing Focus on ‘Effective’ Litigation
• 2. An Overview of the Litigation Process
• 3. Dispute Management, Project Management, and Risk Management
• 4. ADR, Settlement, and Part 36 Offers
• 5. Legal Practitioners and the Developing Professional Context
• 6. Financing Litigation
• 7. Defining Objectives, Advising a Client, and Taking Instructions
• 8. Establishing and Analysing Facts
• 9. Making Best Use of Law to Define Issues
• 10. Legal Letters and Opinions
• 11. Making Strategic Use of the Pre-Action Stage
• 12. Drafting Statements of Case
• 13. Joining the Right Parties
• 14. Pursuing Appropriate Remedies
• 15. Issuing Proceedings, Track Allocation, and Directions
• 16. Defending an Action
• 17. Active Case Management and the Use of Sanctions
• 18. Costs Management and Budgeting
• 19. Evidence and Disclosure
• 20. Witness Statements
• 21. The Potential Roles of Experts
• 22. Procedural Rules as Practical Tools
• 23. Preparing a Case for Trial and Drafting Skeleton Arguments

24. Presenting a Case in Court

• 25. Costs Orders and Assessment
• 26. Challenging a Judgment
• 27. Enforcing a Judgment
• Susan Blake Susan Blake Director of Studies and Associate Dean, Inns of Court School of Law
• https://doi.org/10.1093/law/9780198715948.003.0024
• Published in print: 05 March 2015
• Published online: June 2015

This chapter discusses the process of presenting a case in court. It begins with an overview of the trial process, covering the timetable, the claimant's case, the defendant's case, closing speeches, and judgment. It then explains the importance of good presentation and advocacy in winning a case. This involves focusing on the issues on which the judge needs to reach a decision; presenting the case clearly, coherently, and concisely; developing and presenting an overall theory for the case — a single story can be more convincing than a lot of separate arguments; and developing persuasive arguments that pull elements of the case together and deal with any gaps. The remainder of the chapter covers the judgment of the case; the drawing up of orders; and the form of orders.

• civil cases
• civil trials
• civil litigation
• trial process
• legal practice

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Court presentation Words More Answer

Few minutes ago, I was playing the Clue : Court presentation of the game Words More and I was able to find its answer. Now, I can reveal the words that may help all the upcoming players. And about the game answers of Words More, they will be up to date during the lifetime of the game.

Answer of Words More Court presentation:

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Elektrostal

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Robert Costello, Defense Witness in Trump Trial, Is Scolded by Judge

Mr. Costello tried to cast Michael D. Cohen, the witness at the heart of the prosecution’s case, as a liar, but the judge lost his patience with the witness.

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By Ben Protess and Matthew Haag

• May 20, 2024

After the prosecution rested its case against Donald J. Trump on Monday, the defense began a simple mission: destroy the credibility of the prosecution’s star witness, Michael D. Cohen.

That tactic may not have paid off as expected, as the judge in the case almost immediately lost his patience with the defense’s witness, Robert J. Costello, a lawyer and fixture in New York’s legal world who once advised Mr. Cohen.

Shortly after Mr. Costello took the stand on Monday, prosecutors objected to a series of questions. When the judge sided with the prosecution, Mr. Costello muttered “jeez,” registering his dismay and irking the judge, Juan M. Merchan. Mr. Costello tried to walk back his remark, mumbling under his breath that he wanted to “strike” it from the record.

The testimony continued, but after a few more objections, Justice Merchan again grew frustrated with the witness. He dismissed the jury, and excoriated him: “If you don’t like my ruling, you don't say, ‘jeez,’ and you don’t say, ‘strike it,’ because I’m the only one who can strike testimony in court,” he said, adding: “Are you staring me down?”

He then cleared the courtroom, dismissing reporters while allowing a group of Mr. Trump’s supporters to remain.

When onlookers left the room, according to a transcript, the judge told Mr. Costello that his conduct was “contemptuous” and said, “If you try to stare me down one more time I will remove you from the stand,” adding, to the defense lawyers, “I will strike his testimony, do you hear me?”

Mr. Costello asked, “Can I say something, please?” And Justice Merchan replied: “No. No. This is not a conversation.”

Mr. Costello has been around the New York legal world for decades and prides himself on not taking flack from anyone.

In 2018, Mr. Costello acted as Mr. Cohen’s back channel to Mr. Trump’s legal team. This role — which came by dint of Mr. Costello’s close ties to Mr. Trump’s personal lawyer at the time, Rudolph W. Giuliani — was mostly informal. Mr. Cohen never officially retained Mr. Costello or paid him a cent.

When questioning Mr. Cohen last week, the prosecution spotlighted his communications with Mr. Costello. Their emails and calls, Mr. Cohen said, left him with the impression that Mr. Costello was doing Mr. Trump’s bidding, delivering implicit instructions to, in the former fixer’s words, “stay in the fold, don’t flip, don’t speak.”

But Mr. Costello, a former federal prosecutor turned defense lawyer, disputes that characterization, and Mr. Cohen’s testimony opened the door for the defense to call him to tell the other side of the story.

After the unexpected break on Monday, Mr. Costello testified that he treated Mr. Cohen as a client and had only his interests at heart. He said he did not concern himself with Mr. Trump’s interests at that time. Prosecutors began cross-examining him before the jury was dismissed for the day just after 4:30 p.m.

Mr. Cohen, who pleaded guilty to federal charges in 2018, served more than a year behind bars. His crimes included orchestrating a hush-money payment to a porn star in the final days of the 2016 campaign, a deal at the center of the current state case against the former president. Mr. Cohen paid off the woman, Stormy Daniels, to silence her story of a sexual encounter with Mr. Trump.

The Cohen and Costello relationship began in the chaotic spring of 2018, after the F.B.I. searched Mr. Cohen’s home and office as part of the sprawling investigation.

They met through Jeffrey Citron, who was Mr. Costello’s law partner and Mr. Cohen’s acquaintance. Mr. Citron asked Mr. Cohen over email whether he wanted to connect with Mr. Costello and obtain “his insight into your situation, it would be my pleasure to arrange.” Mr. Cohen jumped at the offer: “I do. Can you connect me to him?”

When Mr. Trump hired Mr. Giuliani, Mr. Costello alerted Mr. Cohen to the potential upside: “I told you my relationship with Rudy which could be very very useful for you,” he wrote in an email. Mr. Cohen replied: “Great news.”

The records show that Mr. Costello pursued the relationship with Mr. Cohen.

As Mr. Costello lost patience, he wrote to Mr. Cohen complaining that he had “failed to communicate with me despite several text messages and emails.”

Mr. Costello also appeared to make a veiled reference to fear in Mr. Trump’s orbit that Mr. Cohen was poised to cooperate with prosecutors, writing: “We have continued our dialogue and need to bring you up to date concerning serious concerns on the part of our friends.”

Mr. Cohen was noncommittal. “When the right time comes, and now is not the right time, we will advance our conversations regarding this issue.”

But Mr. Cohen kept the channel open. For example, he sent Mr. Costello an article with the headline “Trump’s campaign to discredit Michael Cohen is already underway,” and added: “They are again on a bad path.”

And when Mr. Cohen’s relationship with Mr. Trump soured in summer 2018, he asked Mr. Costello to use Mr. Giuliani as a conduit for his assurances that he would remain loyal to Mr. Trump, according to Mr. Costello.

After Mr. Costello relayed the message, he told Mr. Cohen in an email that he had “conveyed all of your expressed concerns” to Mr. Giuliani “for transmission to his client” — the president. Mr. Cohen replied, thanking him.

Mr. Costello has said he was merely relaying messages from Mr. Trump’s legal team, including Mr. Giuliani, a former New York mayor. (Mr. Costello later represented Mr. Giuliani in criminal and congressional investigations.)

In one email to Mr. Cohen, Mr. Costello wrote, “Sleep well tonight, you have friends in high places.”

But in the end, no one remained friends, and much of the tension stemmed from money.

Mr. Costello and Mr. Cohen had a falling out, partly over unpaid legal bills. Last year, Mr. Costello testified before the grand jury that ultimately indicted Mr. Trump, seeking to undercut Mr. Cohen’s credibility.

Mr. Costello also sued Mr. Giuliani over delinquent bills.

And when Mr. Trump stopped paying Mr. Cohen’s legal fees, their relationship imploded as well. Mr. Cohen vowed to turn on Mr. Trump, a promise he is now fulfilling on the stand.

Ben Protess is an investigative reporter at The Times, writing about public corruption. He has been covering the various criminal investigations into former President Trump and his allies. More about Ben Protess

Matthew Haag writes about the intersection of real estate and politics in the New York region. He has been a journalist for two decades. More about Matthew Haag

Our Coverage of the Trump Hush-Money Trial

News and Analysis

The defense rested its case after Donald Trump declined to take the stand  at his own criminal trial. Closing arguments will take place on May 28.

The testimony of Robert Costello, the main witness for the defense, focused on his relationship with Michael Cohen , Trump’s former fixer and the prosecution’s star witness.

How are conservative and liberal media outlets covering Justice Juan Merchan, the judge in the trial? Here’s a look .

More on the Trump Investigations

Case Tracker:  Trump is facing multiple criminal cases related to his business and political activities. Follow the latest developments .

What if Trump Is Convicted?: Will any of the proceedings hinder Trump’s presidential campaign? Here is what we know, and what we don’t know .

Election Interference Cases: In Arizona , Georgia , Michigan  and Nevada , several allies of Trump are facing charges  related to efforts to keep him in power after he lost in 2020.

Trump on Trial Newsletter: Sign up here  to get the latest news and analysis  on the cases in New York, Florida, Georgia and Washington, D.C.

What you missed in Trump trial: A fiery clash of Judge Merchan and witness, prosecution rests

Editor's note: This page reflects the news from Donald Trump's criminal trial on Monday, May 20. For the latest news from inside the courtroom , follow our live updates for Tuesday, May 21 .

NEW YORK − A furious Judge Juan Merchan cleared his Manhattan courtroom of jurors, spectators, and the press Monday afternoon to chastise a key defense witness for Donald Trump after he made an exasperated comment about the judge's rulings.

The fireworks came shortly after the prosecution rested its case in Trump's historic hush money criminal trial.

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Lawyer Robert Costello muttered "Geez!" after Merchan sustained several prosecution objections to his testimony. When Merchan confronted Costello about his breach of basic courtroom decorum, Costello told the court stenographer to "strike it" from the record − something only the judge has the power to do.

Merchan excused the jurors and began scolding Costello, a former federal prosecutor and veteran defense attorney, and then asked: "Are you staring me down right now?" The judge then ordered the entire courtroom cleared for a short time.

Costello is a key defense witness. Former Trump lawyer Michael Cohen has testified Costello tried to serve as an intermediary between himself and Trump after the FBI raided Cohen's office in 2018.

Trump, the first-ever former president to face a criminal indictment, is charged with falsifying business records to cover up hush money paid to porn star Stormy Daniels on his behalf ahead of the 2016 election.

Costello will return to the stand on Tuesday, with no definitive word on whether Trump himself will testify.

Here are the top Monday developments from inside and outside the Manhattan courtroom:

Trump says ‘never seen anything like’ judge's scolding of witness Costello

Former President Donald Trump railed against Judge Juan Merchan’s treatment of a witness, Robert Costello, in his New York hush money trial, but found himself unable to detail his criticism because of a gag order that prevents him from commenting on witnesses.

“You saw. I’ve never seen anything like it in my life. A tyrant,” Trump said of Merchan. “You saw what just took place in that courtroom. Hopefully the motion to dismiss this trial will go through because this trial is a disaster for our country.”

Merchan scolded Costello for disagreeing with a ruling by saying “Geez!” from the witness stand and for saying “Strike it” – rather than the judge – to erase his comments from the trial record. Merchan then asked whether Costello was staring him down and ordered the courtroom cleared of spectators and reporters.

“You saw what happened to a highly respected lawyer, Bob Costello,” Trump said. “I’ve never seen anything like that. Highly respected.”

“The press is not happy, I don’t imagine,” Trump added. “They just got thrown out of a courthouse.”

– Bart Jansen

More: A guilty verdict? Donald Trump and allies are bracing voters for the worst

'It's disrespectful': How Trump witness peeved the judge

Defense witness Robert Costello's puckish behavior on the witness stand was "unusual," said Diana Florence, a former Manhattan prosecutor, after Judge Juan Merchan ordered the courtroom cleared Monday afternoon in response to Costello's comments from the witness stand.

Costello appeared exasperated by the number of prosecution objections to his testimony that the judge was sustaining.

"If the judge says 'sustained,' you may think in your in your head that he's wrong, but you should not be making comments. It's disrespectful," Florence said, noting that lawyers often make difficult trial witnesses.

Judge Merchan's decision to clear the courtroom during Costello's testimony, however, was equally as strange, Florence said. Typically, a judge would only instruct the jury to leave before admonishing a witness.

She speculated that Merchan's decision could indicate "that there is something going on with Costello that is confidential that the parties know, that we don't know."

− Karissa Waddick

Monday proceedings end without decision on Trump request to dismiss case

Prosecutor Matthew Colangelo pushed back strongly on Trump lawyer Todd Blanche's arguments for Judge Juan Merchan to take the case out of the hands of the jury and dismiss it.

After a little back-and-forth between Colangelo and Blanche, Merchan declared an end to the day's proceedings. He indicated he will make a decision later.

– Aysha Bagchi

Judge skeptical as Trump lawyer says Cohen testimony should be tossed

In addition to the three reasons Trump lawyer Todd Blanche gave for dismissing the case against the former president, Blanche also said Michael Cohen's role in the case was another reason to toss the whole indictment.

"There is no way that the court should let this case go to the jury relying on Mr. Cohen's testimony," Blanche said.

"Without Mr. Cohen, there is no case," Blanche continued. "He not only lied repeatedly in the past under oath, but he lied in this courtroom."

Blanche referenced testimony from Cohen at trial about a phone call to Trump's bodyguard in which Cohen said he discussed the Stormy Daniels hush money payment with Trump. On cross-examination, Blanche showed Cohen text messages suggesting he was reaching out to the bodyguard about some harassing phone calls. Cohen responded that he believes he also spoke to Trump about the hush money payment during the call.

"So you're asking me to find Mr. Cohen not credible as a matter of law?" Merchan asked, with clear skepticism in his voice about taking that decision out of the hands of the jury. "Yes," Blanche responded.

Trump lawyer says judge should dismiss case for three reasons

Trump lawyer Todd Blanche has been urging Judge Merchan to dismiss the prosecution's case. Blanche raised three reasons for doing so:

• First, Blanche said, the business records at issue in the case weren't actually false. He said there's no dispute that Michael Cohen provided legal services to Trump in 2017, in keeping with how payments to Cohen were characterized in those records.
• Second, Blanche said, there is no evidence Trump had an intent to defraud when it came to the business records, which is an element of the charges prosecutors must prove. Blanche said if there were an intent to defraud, the records would have described services that were different from those actually rendered.
• Third, Blanche said there are no crimes being covered up by the records, which is an important element in charging Trump with felonies. In particular, Blanche said, an agreement between Trump, Cohen, and a tabloid publisher to keep an eye out for stories that were bad for Trump ahead of the 2016 election isn't evidence of criminal intent.

Jury dismissed until tomorrow but lawyers stay for arguments

Judge Juan Merchan excused jurors for the rest of the day. However, lawyers have remained to address legal issues.

Robert Costello , a key defense witness, is due back on the witness stand Tuesday morning. Prosecutor Susan Hoffinger is set to continue cross-examining him.

'He was putting on quite a show': Costello on Cohen discussing suicide

Prosecutor Susan Hoffinger began cross-examining Costello. Costello told her he has been a criminal defense lawyer for 40 or 50 years. She asked him to confirm he can understand, given that experience, how traumatic it is for someone to face criminal charges. He said he did understand that.

"But you thought he was being a drama queen, didn't you?" Hoffinger asked Costello, speaking about Michael Cohen.

"He was putting on quite a show," Costello said. Costello described Cohen saying he was on the roof of the Regency Hotel and he was going to jump off and kill himself because he couldn't withstand the ongoing pressure of the criminal case.

Costello denies pressure campaign against Cohen

Under questioning from Trump lawyer Emil Bove, Robert Costello testified that he treated Michael Cohen like a client, and had Cohen's interests in mind when Donald Trump's then-fixer was under federal investigation. He also denied putting Cohen under a pressure campaign not to flip on Trump.

More: Wonder what it would be like to watch the Trump trial? Graphics take you inside courtroom.

Reporters allowed back into courtroom as Costello testimony continues

Robert Costello has resumed his testimony after what appears to have been a private dressing-down by Judge Juan Merchan. The judge has sustained multiple further objections to his testimony, and instructed Costello to restrict his answers to the question Trump lawyer Emil Bove is asking.

'Are you staring me down right now?': Judge clears courtroom after fiery reproach of witness

After excusing jurors from the courtroom, Judge Merchan said to Costello: "I want to discuss proper decorum in my courtroom." Costello said, "Right."

"If you don't like my ruling, you don't say, 'Geez!'" Merchan continued.

He reminded Costello, who is a veteran lawyer, that Costello also isn't permitted to say, "Strike it," because Merchan is the only one in the courtroom with the power to strike testimony. Merchan also made reference to Costello rolling his eyes.

"Do you understand that?" Merchan asked Costello, who was sitting within six feet of the judge, in the witness box to the judge's left.

Merchan then said to Costello in an inflamed tone: "Are you staring me down right now?"

"Clear the courtroom, please. Clear the courtroom," the judge then ordered. Court security officers then forced all reporters to leave the courtroom, seemingly so Merchan could further reprimand Costello outside of our presence.

'Geez!' 'Sorry?': Testy exchange between judge and Trump witness in front of jurors

Before excusing jurors from the courtroom, and later excusing reporters from the room, Judge Merchan had a testy exchange with Costello.

Merchan had sustained multiple objections from prosecutor Susan Hoffinger when Costello, in the witness box, said "Geez!" at a normal volume − but with an exasperated tone.

Merchan then said heatedly, "Sorry?" "I'm sorry?" to Costello. Costello then said "strike it," seeming to refer to striking his own testimony from the court record.

Costello continued testifying, and then he appeared to dramatically sigh after another objection was sustained. Merchan then excused the jurors from the courtroom.

Judge clears the courtroom after fiery exchange with Trump witness Costello

Judge Juan Merchan has cleared the courtroom after a fiery exchange with Trump witness Robert Costello. 

'I swear to God, Bob, I don't have anything on Donald Trump'

Costello, a former federal prosecutor in Manhattan, has started testifying. He said Michael Cohen previously told him: "I swear to God, Bob, I don't have anything on Donald Trump."

Costello also quoted Cohen as saying: "I don't understand why they're trying to put me in jail for some (expletive) NDAs." (An NDA is a non-disclosure agreement.)

And Costello said Cohen told him "numerous times" that he did this on his own – an apparent reference to the hush money deals surrounding Donald Trump.

Cohen testified earlier that he never told Costello the truth about Trump's involvement in hush money deals.

Who is Robert Costello?

Robert Costello is a Republican lawyer who has worked in Trump's circles, having advised  Steve Bannon and Rudy Giuliani .

Cohen testified earlier that he found Costello a "sketchy" character who had proposed to act as a back channel to communicate with Trump when he was in the White House. Costello and Cohen discussed a retainer agreement and a presidential pardon, but neither came to fruition.

Costello earlier testified before a New York grand jury on Trump's behalf in the case, saying he argued that Cohen is "on the revenge tour." 

− Kinsey Crowley

Judge gives defense 'some latitude' in Costello testimony

Judge Juan Merchan quickly returned to the courtroom and provided instructions on the testimony the defense may elicit from its next witness, lawyer Robert Costello . 

Merchan said Trump lawyer Emil Bove can ask Costello about two prior inconsistent statements from Michael Cohen, and the judge will also give Bove "some latitude" to explore Cohen's claim that Trump was engaging in a "pressure campaign" to prevent him from cooperating with investigators after his office was raided by the FBI .

The judge added, however, that he won't allow the testimony to become a trial within a trial about the alleged pressure campaign and how it affected Cohen. Merchan also said he won't allow Costello to testify about a "retainer issue." That may be a reference to Cohen's testimony that he never signed an agreement to retain Costello as a lawyer.

Judge Merchan leaves courtroom briefly as he mulls Costello testimony

After listening to arguments from the prosecution and defense, Judge Merchan left the bench but told everyone still in the courtroom to remain. He appears to be stepping away to mull whether and how to limit the testimony of Robert Costello , a lawyer called as a witness by the defense.

More: Judge Juan Merchan, presiding over Donald Trump's NY criminal trial, has already ruled against him

Jury excused as prosecution challenges potential Costello testimony

Judge Juan Merchan excused the jury for some time in order to hear arguments from the prosecution and defense about Robert Costello , who hasn't yet taken the witness stand. The prosecution is challenging the admissibility of testimony from Costello.

More: Lawyer assails Trump grand jury witness Michael Cohen as 'liar on revenge tour'

Defense calls lawyer Robert Costello to testify

The Trump defense team has called lawyer Robert Costello to the witness stand.

Sitko steps down as defense witness

Prosecutor Rebecca Mangold asked Daniel Sitko, a paralegal at defense attorney Todd Blanche's law firm, some brief questions about the call summary he prepared. The summary has been displayed. Some of the calls featured in it are between Michael Cohen and Robert Costello. Costello is a lawyer who Cohen testified tried to create a back channel of communication to Trump through Rudy Giuliani .

Sitko has now stepped down as a witness.

Prosecution cross-examines Trump defense paralegal

Defense attorney Todd Blanche ended his questioning of Sitko quickly, which seemed only aimed at getting the call summary Sitko prepared admitted into evidence. Prosecutor Rebecca Mangold is now cross-examining Sitko.

Trump defense paralegal testifying on phone calls

The Trump defense team has called their first witness: Daniel Sitko, a paralegal in Todd Blanche's law firm. Sitko is testifying about a phone call summary he created.

Prosecution rests its case

Trump lawyer Todd Blanche asked Cohen in a brief period of re-cross-examination if losing his law license was Trump's fault.

"In part," Cohen replied. He confirmed he pleaded guilty to a tax crime and making false statements to a bank, which were crimes that didn't involve doing favors for Trump. But Cohen said he lost his license because of the totality of crimes he pleaded guilty to, which included campaign finance violations and lying to Congress in relation to Trump.

Soon after, Blanche finished asking questions, and the prosecution rested its case.

'My entire life has been turned upside down': Cohen ends redirect testimony

Prosecutor Susan Hoffinger asked Cohen how breaking from Trump has affected him.

"My entire life has been turned upside down as a direct result," Cohen said. "I lost my law license, my businesses, my financial security."

It sounded like Cohen's voice might be cracking a little, although I didn't see any sign of tears on his face.

Trump appeared to be looking ahead for the most part during that testimony, but he made a side glance in Cohen's direction, before turning his eyes ahead again.

Jury hears audio recording of Cohen pondering breaking from Trump 'doctrine'

Prosecutor Susan Hoffinger played an audio recording for the jury of Michael Cohen speaking with Keith Davidson , the former lawyer to Stormy Daniels.

"What would you do if you were me?" Cohen asked in the recording. "I mean, would you write a book? Would you break away from the entire Trump, you know, we'll call it 'doctrine'? Would you go completely rogue?" Cohen asked.

"Any thoughts? Because it's not just me that's now being affected, you know, it's my entire family," Cohen continued on the recording. "Nobody's thinking about Michael," Cohen said.

Cohen went on to say: "I'm sitting there and I'm saying to myself, what about me?"

'No doubt' Trump gave instruction on hush money payment: Cohen

Cohen testified that he has "no doubt" he had a conversation with Trump in which Trump directed him to work out with Allen Weisselberg how to pay porn star Stormy Daniels hush money. Weisselberg was the chief financial officer of the Trump Organization at the time.

Jurors see image of Trump with bodyguard on Oct. 24, 2016

Jurors were brought back into the courtroom and Michael Cohen resumed testifying. Prosecutor Susan Hoffinger introduced the still image the defense team agreed to allow in, without requiring a C-SPAN employee to come testify first. Cohen confirmed the image showed Trump with his then-bodyguard, Keith Schiller . Hoffinger read aloud an agreement between the two sides that the image was from 7:57 p.m. on Oct. 24, 2016.

Trump team agrees to allow C-SPAN image into evidence without delay

After Judge Merchan indicated he would allow the prosecution to call a C-SPAN witness to the stand tomorrow morning in order to enable the prosecution to get videos admitted into evidence, Trump's legal team reached an agreement with prosecutors. The prosecution will be able to get a still photo image from the end of a video admitted into evidence without needing a C-SPAN employee to testify.

The image shows Trump and his former bodyguard,  Keith Schiller , together at 7:57 p.m. on Oct. 24, 2016. That was minutes before a phone call from Cohen to Schiller that Cohen has said he believes included talking directly to Trump about a hush money payment to porn star Stormy Daniels .

Prosecutor says C-SPAN is arranging travel for witness

After a break of mere minutes, the prosecution and defense teams returned to the courtroom. Prosecutor Rebecca Mangold told Judge Merchan that her team was able to reach C-SPAN, which is arranging for an employee to travel and be available to testify at 9:30 a.m. EDT on Tuesday.

Trump lawyer Todd Blanche objected to the arrangement, saying the prosecution should just be out of luck when it comes to the videos. But Merchan seems inclined to accommodate the prosecution. He asked Blanche what prejudice it would create to the defense, since there's plenty of time for the defense to put on their own witnesses this week before closing arguments next Tuesday, May 28.

Prosecutors seek to bring in C-SPAN witness after judge rejects video request

Judge Merchan declared a short break to allow prosecutors to see if they can get C-SPAN archives executive director Robert Browning back on the witness stand by 9:30 a.m. EDT Tuesday. Merchan ruled that, without additional testimony from Browning, prosecutors can't get two videos admitted into evidence.

At least a portion of the videos is tied to the time period surrounding a phone call at issue in the case. Prosecutors want to show that former Trump bodyguard Keith Schiller was with Trump around the time of a 8:02 p.m. call from Cohen to Schiller on Oct. 24, 2016. Cohen has testified that he discussed a hush money payment to porn star Stormy Daniels with Trump during that call, while Trump lawyer Todd Blanche suggested the call was only with Schiller to discuss phone harassment Cohen was facing.

Trial proceedings re-start with video question

Trial proceedings have started up again after lunch. Judge Merchan is currently reading aloud a lengthy section of questions and answers from testimony earlier in the trial from C-SPAN archives executive director Robert Browning. Merchan appears ready to base his ruling on whether to allow prosecutors to introduce two videos based on this testimony.

Who is Chuck Zito? 

Chuck Zito, former president of the New York Nomads chapter of the Hells Angels , was among former President Donald Trump’s supporters in court Monday. 

The actor from the Bronx who pleaded guilty to drug conspiracy charges in the late 1980s served six years in prison. Despite reportedly leaving the club to focus on his Hollywood career, his reputation remains tied to the outlaw motorcycle gang that started in California. 

−Rachel Barber

Who is Michael Cohen

Michael Cohen, the  former Trump lawyer and fixer , is  the key in the New York hush-money  trial that could send the former president to prison.

Cohen testified  that Trump directed him to engineer payments to two women who alleged in the runup to the 2016 presidential election that they had affairs with the married candidate.

While Cohen is Manhattan District Attorney  Alvin Bragg's   star witness , he may also be the prosecution's greatest vulnerability, given his history of perjury and a felony conviction.

–  Josh Meyer

Court takes lunch break

Judge Juan Merchan declared a lunch break. Proceedings should start back up at about 2:15 p.m. EDT.

Prosecution wants to show jurors photo of Trump with bodyguard near time of major phone call

Judge Juan Merchan dismissed jurors for lunch, but kept the lawyers and the rest of the courtroom. Prosecutor Joshua Steinglass then raised the prosecution's desire to show jurors a photo that Steinglass said displays Trump with his former bodyguard, Keith Schiller , at 7:57 p.m. on Oct. 24, 2016.

Prosecutors want to show jurors the photo to counter the most heated portion of Trump lawyer Todd Blanche's cross-examination of Cohen, who had earlier testified that a call to Schiller at 8:02 p.m. that day was to discuss the Stormy Daniels hush money payment with Trump. Blanche showed Cohen a text exchange with Schiller at about that time, in which Cohen asked to speak about harassing phone calls he was getting from a 14-year-old. Schiller texted, "Call me," at 8:02 p.m.

"That was a lie!" Blanche exclaimed. "You did not talk to President Trump on that night; you talked to Keith Schiller about what we just went through. You can admit it!"

Cohen replied the he believed he also spoke to Trump about the hush money.

Blanche argued that the photo shouldn't come in based on rules about admitting evidence. Judge Merchan indicated he will think about it.

Cohen confirms he never signed retainer for lawyer Robert Costello's services

Cohen confirmed to prosecutor Susan Hoffinger that he never signed a legal retainer for the services of Robert Costello . Cohen previously testified that Costello was a lawyer who tried – at a time Cohen was facing criminal threats – to establish a backchannel of communication from Cohen to Trump through Rudy Giuliani.

Asked why he didn't sign a retainer, Cohen said: "I didn't trust him. I didn't like the way that he kept invoking Rudy Giuliani. And my concern was anything I would say to him would immediately go back to President Trump."

Prosecutor hammers in on Trump's criminal charges

Cohen confirmed to prosecutor Susan Hoffinger that he didn't have a retainer agreement for his work for Trump. A retainer agreement is a compensation agreement that reserves a lawyer or pays for future services.

This is a core issue in the case because Trump allegedly falsified records to make it look like he was paying Cohen for ongoing legal expenses under a retainer agreement, instead of reimbursing Cohen for a hush money payment to Stormy Daniels.

Cohen confirmed the $420,000 he was paid in monthly installments in 2017 had nothing to do with legal services. He confirmed the 11 invoices he submitted to get those payments, which were allegedly kept by the Trump Organization, were false. And he confirmed that stubs attached to checks referencing "retainer" for particular months were false.

Prosecutor highlights Cohen is not on trial

Prosecutor Susan Hoffinger asked Cohen a series of questions designed to highlight his situation in Trump's trial is very different from his situation when he faced criminal charges in 2018 . Cohen confirmed he's not on trial in this case, that he's a witness, that his liberty and his wife's liberty are not at stake, and that he was subpoenaed to be here.

This may be aimed at countering Trump lawyer Todd Blanche's attacks on Cohen's credibility, including based on Cohen's behavior and statements as he faced criminal charges.

Cohen confirmed to Hoffinger that his situation is different at this trial because his life isn't on the line and he's not the defendant.

Cohen looking into jurors' eyes during story of Trump not wanting to pay for polling help

Cohen is delivering an extended answer to a question from prosecutor Susan Hoffinger about paying a company called RedFinch for polling assistance. Trump secured the company's services after he was unhappy with his performance in polling about successful businessmen. Cohen said Trump ultimately didn't want to pay the company because Trump didn't believe the company had helped him enough.

As Cohen told this story, he was looking directly into the jurors' eyes . That's an approach seasoned trial witnesses will sometimes use in the hope of developing trust with a jury. The jurors are seated near Cohen, to his left.

Cohen ultimately paid the company only $20,000, rather than $50,000, but still asked for a $50,000 reimbursement from Trump or the Trump Organization, according to earlier cross-examination by Trump lawyer Todd Blanche. Cohen admitted to Blanche that was stealing.

Cohen just explained that he was bitter about his 2016 bonus being cut substantially. But he also confirmed to Hoffinger that what he did was wrong.

Prosecution again asking Cohen questions

Prosecutor Susan Hoffinger is again asking Cohen questions through a process known as "re-direct" questioning. It's an opportunity for the side who called a particular witness to the stand to try to rehabilitate the witness on issues that were a target during cross-examination.

Cohen cross-examination ends with focus on lies

Trump lawyer Todd Blanche ended his cross-examination of former Trump lawyer and fixer Michael Cohen with questions about Cohen's history of lying. Cohen pleaded guilty in 2018 to lying to Congress .

Blanche suggested Cohen is willing to lie in different contexts, including under oath if it affects his personal life.

Blanche then asked Cohen to confirm there is no doubt in his mind about specifically recalling conversations with Trump about the hush money Cohen paid porn star Stormy Daniels in 2016.

"Yes, sir," Cohen responded, with the same politeness he has shown throughout his testimony.

"No further questions," Blanche said.

Cohen says he has financial interest in Trump's case, but not in Trump's conviction

In response to a question from Trump lawyer Todd Blanche, Michael Cohen testified that he has a financial interest in Trump's case.

"I talk about it on my podcasts. I talk about it on TikTok. And they make money," Cohen said.

However, Cohen disputed the suggestion that he has a financial interest in Trump being found guilty. Whether Trump is found guilty "is not going to affect whether I speak about it or not," Cohen said.

"It's better if he's not, for me, because it gives me more to talk about in the future," Cohen added.

Cohen says he is considering a run for Congress

Trump lawyer Todd Blanche asked Cohen about previously stating he is considering a run for Congress. Cohen agreed he said it and that he really is considering a run, in part because he has good name recognition.

Blanche asked Cohen to confirm that his name recognition is for attacking Trump .

"I wouldn't characterize it that way," Cohen said. "My name recognition is because of the journey that I've been on. Is it affiliated with Mr. Trump ? Yes. Not because of Mr. Trump."

Cohen says he is considering a third book

After a short morning break, Trump lawyer Todd Blanche is continuing to cross-examine Cohen. He asked if Cohen is considering writing a third book and Cohen said yes, although he doesn't currently have a book deal.

Cohen made $4 million from podcasts and books since flipping on Trump: testimony

Trump lawyer Todd Blanche asked Cohen about money he has made since flipping on Trump, including from podcasts and books in that time. Cohen hosts two podcasts, including one titled "Mea Culpa" – latin for "through my own fault," often used to express an apology or confession.

Cohen also published a book in 2020, "Disloyal: A Memoir," in which he wrote extensively about Trump.

Cohen told jurors he made about $4 million from podcasts and books since flipping on Trump. He also said he hoped to make money from a potential TV show that would focus on him.

Trump supporters attending trial include a state attorney general and 4 House members

More than a dozen government officials and supporters of former President Donald Trump accompanied him to his New York hush money trial on Monday, including South Carolina Attorney General Alan Wilson and four U.S. House members.

The lawmakers include Reps. Eric Burlison, R-Mo; Andrew Clyde, R-Ga.; Mary Miller, R-Ill.; and Keith Self, R-Texas.

Other supporters included Alan Dershowitz , a Harvard law professor and criminal defense lawyer; Bernie Kerik, former New York police commissioner; and Kash Patel , a former defense and national security official in the Trump administration.

Trump is under a gag order not to talk about witnesses or jurors in the trial. But his supporters – including lawmakers such as House Speaker Mike Johnson, R-La., and potential vice presidential candidates, such as Sen. J.D. Vance, R-Ohio – can voice Trump’s arguments for him.

Trump eyes closed for extended periods as Cohen testifies

Trump's eyes have been closed for extended periods as Cohen has testified this morning. I just counted to 66, with a "Mississippi" between each number, before Trump opened his eyes. He quickly closed them again. Earlier, I counted to 28 in similar fashion before he opened his eyes.

'Yes, sir': Cohen a master of politeness during cross-examination

As Trump lawyer Todd Blanche jumps from topic to topic in his on-going cross-examination of Michael Cohen, Blanche is often trying to paint Cohen in a bad light. He just got Cohen to confirm having stolen money from the Trump Organization, and is now asking Cohen about cashing in on being named personal attorney to the president in 2017. Cohen confirmed making $600,000 based on 20 sets of communications with AT&T, and $1.2 million that only required six communications between Cohen and another company.

Repeatedly, Cohen answers Blanche's questions with a polite "Yes, sir" or "No, sir." That's in stark contrast to the emotional venom Cohen has spewed outside the courtroom. Last week, Blanche got Cohen to confirm having said during the trial that Trump belongs in a "cage, like an animal, " using an expletive before the word, "cage."

Cohen admits to stealing from Trump Organization

Blanche asked Cohen about a portion of the money Cohen was allegedly reimbursed by Trump through 2017 payments. Cohen was paid $420,000 in total , which he previously testified included getting reimbursed for the $130,000 to Stormy Daniels and $50,000 he claimed he was owed for campaign-related "tech services" from a company called RedFinch. Both the $130,000 and $50,000 figures were doubled, according to Cohen, to account for taxes, and Cohen was also paid a $60,000 bonus.

Blanche said Cohen only paid RedFinch $20,000 but then asked to be reimbursed for $50,000.

"You stole from the Trump Organization?" Blanche asked. "Yes, sir," Cohen said.

Blanche then suggested Cohen stole $60,000, not just $30,000, because the reimbursement payment was doubled. "Yes, sir," Cohen said. He also agreed he told prosecutors about that.

"Did you ever have to plead guilty to larceny?" Blanche asked. "No sir," Cohen said.

Cohen asked about calls with Tiffany Trump on Oct. 25, 2016

Blanche has seemed to be bouncing between different topics somewhat this morning. He returned to the subject of Trump daughter Tiffany after asking Cohen about a separate topic – his alleged assistance for a man whose checks to Cohen were bouncing and who was having marital troubles.

Cohen agreed with Blanche that he and Tiffany Trump communicated on Oct. 25, 2016 about her concerns that someone was trying to blackmail her. Cohen agreed he handled it immediately, including by speaking with David Pecker, a witness in this case who used to head the parent company for the National Enquirer. Cohen also confirmed speaking to Tiffany Trump and to the general counsel at the parent company. that same day.

The date at issue is close in time to the $130,000 hush money payment to porn star Stormy Daniels, which was made around Oct. 27, 2016.

Cohen asked about helping Tiffany Trump with extortion

Trump lawyer Todd Blanche asked Michael Cohen whether he remembers helping Tiffany Trump – the youngest Trump daughter – with a potential extortion involving photographs. Cohen said he does remember. Blanche moved to a new topic soon after. It's not clear, at least at this point, what the question was aiming to show.

Michael Cohen back on witness stand

Former Trump lawyer Michael Cohen is back on the witness stand. Trump lawyer Todd Blanche opened his cross-examination for today by asking Cohen how many reporters he has spoken with since Thursday about what happened last week. Cohen said he has spoken to reporters to say hello and describe how he is doing, but didn't speak to a reporter about the case over the long weekend.

Judge limits what potential Trump expert witness can say

Judge Merchan ruled that a potential Trump expert witness may only testify to general definitions of terms related to federal campaign finance laws. The Trump team argued the witness should be able to go further in addressing terms related to prosecutors' allegation that the $130,000 hush money payment to Stormy Daniels violated federal campaign finance laws .

Merchan said it was impossible for the witness to discuss the terms the Trump team wanted him to go into without invoking and discussing federal law, including the intent behind the law. And if Trump's team is allowed to elicit testimony on that, the prosecution would get to as well.

Merchan said that was problematic because the jury would end up hearing legal instructions from three different people: a defense expert, a prosecution expert, and the judge.

"This would result in a battle of the experts" that would confuse the jury, Merchan said. He invited the lawyers, however, to submit proposals for the instructions the judge will give jurors before they begin deliberating.

Judge rules email tied to Robert Costello not permitted

Trump lawyer Todd Blanche started the morning proceedings by discussing an email his team wants to show the jury. These proceedings are being held before the jury arrives this morning.

The email wasn't shown to the courtroom audience, but Blanche indicated it's tied to Robert Costello and Jeffrey Citron. Costello has already come up in the trial. Michael Cohen testified he met with the lawyer as he was facing criminal trouble, and Costello allegedly proposed a back channel of communication with Trump through former New York mayor Rudy Giuliani. Cohen said he found Costello "sketchy," and didn't tell him the truth about Trump's involvement in hush money deals. Jeffrey Citron was Costello's law partner.

Merchan ruled the email can't come into the trial, at least at this point, because it involves multiple levels of "hearsay" – a legal term for out-of-court statements introduced in a courtroom in order to prove the truth of what was said. Merchan said the email didn't fall into an exception to the prohibition against hearsay for out-of-court statements that show the state of mind of the person who was speaking.

Will Donald Trump testify?

It is unclear if  Trump will testify in the hush money trial.

Before the trial started, Trump said he would take the stand. He also said he would testify under the defense's case in his New York civil fraud trial, but  backed out  the day before he was scheduled to start.

Trump has since blamed the  gag order for preventing him from testifying, but Judge Juan Merchan has reiterated that Trump has the  right to testify  if he chooses, as the gag order only applies to out-of-court statements.

On his way into the courthouse Monday morning, Trump ignored reporters' questions on whether or not he would testify. But on Thursday , his lawyer told Merchan the decision still had not been made. 

– Kinsey Crowley

Trump continues to rail against judge in hush money case

Former President Donald Trump entered court Monday ignoring questions about whether he would testify at his hush money trial but continuing to blast Judge Juan Merchan for keeping him off the campaign trail.

Trump said he would prefer to be giving speeches, and that he had to turn down appearances in Iowa and New Hampshire because of the trial.

“I’m not allowed to have anything to do with politics because I’m sitting in a very freezing cold courtroom for the last four weeks,” Trump said.

He continued to call Merchan “corrupt” and “conflicted,” and said the judge should not let the case go forward.

“No judge except this one would allow this case to continue,” said Trump, who quoted John Adams saying “liberty without virtue is tyranny.” “We have tyranny right now,” Trump said. “We’re disgracing our New York court system.”

Closing arguments expected Tuesday, May 28

Merchan also said it's "become apparent" that the two sides won't be able to give closing arguments on Tuesday, May 21. Last week, Merchan told the lawyers to be prepared to give those arguments as early as Tuesday.

Merchan said details for the rest of this week will be discussed later, but he anticipates finishing up witness testimony this week and then, after a day off next Monday for Memorial Day, holding closing arguments first thing on Tuesday, May 28.

Merchan also said there will be a "charging conference," which is a discussion between the lawyers and the judge about the judge's instructions to the jury on the law. After those events, the jury will begin deliberations.

Judge Merchan arrives in courtroom

Judge Juan Merchan entered the courtroom at about 8:45 a.m. EDT for today's early proceedings. He said the reason for scheduling early proceedings this morning is that a couple issues came up over the weekend, and he wanted to address them before the jury arrives today.

Trump defense team arrives in courtroom

Former President Donald Trump and his defense team entered the courtroom at 8:38 a.m. EDT. We are still waiting for Judge Merchan.

Prosecution arrives in courtroom

The prosecution team entered the courtroom at 8:34 a.m. EDT. We are still waiting on the Trump defense team and Judge Juan Merchan.

Court proceedings starting early today

A spokesperson for the New York court system emailed reporters Sunday to say trial proceedings this morning will probably start at about 8:45 a.m. EDT, instead of the normal 9:30 a.m. EDT start time.

Last week, Judge Juan Merchan appeared to be trying to create some extra time for proceedings. He asked jurors if they could work this coming Wednesday, even though Wednesdays are typically off-days in the trial. However, at least one juror indicated it would be a problem.

What is Trump on trial for?

Trump faces 34 felony counts of falsifying business records . All of the records at issue are tied to a series of payments to Michael Cohen in 2017 that prosecutors allege were reimbursing Cohen for paying hush money to porn star Stormy Daniels in 2016, but were falsified to seem like payments for 2017 legal services.

Trump was charged with felonies, not just misdemeanors, because the records were falsified to commit or conceal another crime, according to prosecutors. They have alleged Trump was hiding the violation of federal campaign finance laws by paying Stormy Daniels so her story wouldn't hurt his chances in the 2016 presidential election. They have also said the records were designed to hide plans to violate state tax and election laws.

What testimony did Cohen provide the prosecution?

Cohen delivered major testimony for the prosecution last week, telling jurors that Trump said "Just do it" about paying hush money to porn star Stormy Daniels in 2016.

Cohen also said Trump approved a scheme to misrepresent his reimbursement to Cohen. That alleged scheme is at the heart of the 34 purportedly falsified records in the case.

Cohen said he met with Trump and former Trump Organization executive Allen Weisselberg to hash out the details of getting paid back. Weisselberg said in front of Trump that the money would be repaid in monthly installments as if it were for legal services under an agreement to retain Cohen as a lawyer in 2017.

"He approved it," Cohen told jurors, speaking about his former boss.

A 'gotcha' moment for Trump against Cohen?

The most heated and potentially significant part of Blanche's cross-examination of Cohen so far was about a phone call at 8:02 p.m. on Oct. 24, 2016. Cohen earlier testified the call was to Trump's bodyguard to get Trump on the phone and "discuss the Stormy Daniels matter and the resolution of it." In that call, Trump agreed they would move forward with the hush money deal, Cohen had said.

Blanche showed Cohen and the jury a text exchange before that call in which Cohen told the bodyguard he was receiving harassing phone calls from a 14-year-old and wanted to know whom he could speak to about it. The bodyguard texted "Call me" at 8:02 p.m. The text exchange wasn't shown to the audience on Thursday because it wasn't redacted, but a redacted version has now been posted on the court's website.

After reviewing the texts, Cohen said part of the call was about the 14-year-old, but he knew the bodyguard was with Trump and "there was more than potentially just this."

"I always ran everything by the boss immediately. And in this case, it could have just been saying everything is being taken care of, it's going to get resolved," Cohen said.

"That was a lie!" Blanche said in a fiery tone. "You did not talk to President Trump on that night; you talked to Keith Schiller about what we just went through. You can admit it!"

"I believe I also spoke to Mr. President Trump and told him everything regarding the Stormy Daniels matter was being worked on and it's going to be resolved," Cohen said.

"We are not asking for your belief!" Blanche said heatedly. "This jury doesn't want to hear what you think happened!"

This article originally appeared on USA TODAY: What you missed in Trump trial: A fiery clash of Judge Merchan and witness, prosecution rests

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Highlights: Witness testimony finished in Trump hush money trial, setting up closing arguments

Here's what's happening at trump's trial.

• The prosecution and defense have rested their cases. Judge Juan Merchan told the jury to return next Tuesday since there wouldn't be enough time this week with scheduling conflicts and the holiday to hear closing arguments and begin deliberations.
• Lawyers held a hearing with Merchan this afternoon about what should be included in the jury instructions.
• Defense witness Robert Costello, who was called "contemptuous" by Merchan yesterday, completed his testimony today.
• Trump is charged with 34 counts of falsifying business records in connection with a hush money payment to adult film actor Stormy Daniels . He has pleaded not guilty to all charges.

'Take a look at where he comes from,' Trump says of Colombian-born judge

Vaughn Hillyard

Zoë Richards

During his hallway remarks today, Trump criticized the judge overseeing the case after court was dismissed for the day.

“The judge hates Donald Trump. Just take a look. Take a look at him. Take a look at where he comes from," Trump said of Judge Juan Merchan.

Merchan was born in Bogota, Colombia, and moved to New York as a child, according to a biographical page published by the Latino Judges Association .

Asked if Trump was referring to Merchan's place of birth, Trump campaign spokesperson Steven Cheung told NBC News in an email that the former president was referring to "Democrat political system, Democrat donors, and Democrat operatives.”

In 2016, Trump appeared to take aim at the heritage of a judge who was overseeing a pair of lawsuits against Trump University in San Diego, calling U.S. District Judge Gonzalo Curiel, a “hater,” “very hostile” and “Mexican.” Curiel was born in Indiana, according to the  Federal Judicial Center .

Judge confirms court schedule for next week

Judge Merchan today cemented next week's court schedule.

The judge said court will not be in session again until next Tuesday, and that there will be court next Wednesday as well.

Trump repeats election interference claims after court is dismissed

Trump repeatedly described the case against him as "election interference" in hallway remarks that lasted about 20 minutes after court was dismissed for the day.

He also sought to connect President Joe Biden to the trial, saying, "The White House ... they're the one trying this case."

Trial proceedings end for the day

Gary Grumbach

Kyla Guilfoil

Judge Merchan has dismissed court for the day.

Based upon the judge's comments, it's clear that court will not reconvene on Thursday.

Court is expected to return next Tuesday at 9:30 a.m. ET for closing arguments and then jury instructions for deliberations. Merchan indicated earlier today that next Tuesday's proceedings may run long.

Trump's attorneys seek to revive defense of counsel arguments

Defense attorney Emil Bove is urging Judge Merchan to give an instruction about “the involvement” of counsel, despite the judge’s pre-trial rulings that Trump could not argue that he was convinced of the lawfulness of his conduct because lawyers were involved.

Bove argued that the evidence at trial makes it appropriate for them to have an instruction that attorneys were involved because it bears directly on Trump’s intent.

Prosecutor Matthew Colangelo reminded Merchan that the issue was litigated previously and that the prosecution didn't   open the door to such an instruction, in particular because under New York law, one predicate to obtaining such an instruction is that the defendant himself testifies.

Colangelo further argued that such an instruction premised on former National Enquirer publisher David Pecker’s own consultation with counsel is unwarranted because Pecker acknowledged not revealing all or even most of the pertinent facts to his company's general counsel, and that without those details a lawyer could not have provided reasonable advice.

Merchan told Bove that it was not necessary for him to respond, but Bove said that what matters is that Pecker told Trump he had been told the McDougal agreement was “bulletproof,” and Trump’s reliance on the same.

Defense calls for limiting instruction on 'Access Hollywood' tape testimony

Trump lawyer Emil Bove is now arguing that they need a limiting instruction about the legitimate purpose of testimony about the "Access Hollywood" tape.

This testimony was used to show the impact on Trump of the publication of the tape. Judge Merchan asked the defense to direct him to the transcript pages at issue, but said that for now he agrees with the district attorney’s office that such an instruction is not necessary.

Defense raises additional concerns

Judge Merchan told the parties that they've gone through all of his concerns about the jury instructions and asked prosecutors and Trump's defense team what they'd like to address.

Merchan denied the defense’s request for an instruction that NDAs are not inherently illegal, noting that they have plenty of testimony to that point and can argue it on summation.

Trump attorney Emil Bove also asked for an instruction about putting any prejudice against Trump out of their minds, which is based on a similar instruction from the Trump Organization trial, where the organization itself was the defendant, but Trump was not.

Merchan would have denied the request, but the District Attorney’s Office offered a modified version with what it said included more neutral language, and Merchan agreed.

Prosecution argues tax fraud could be easily found as other crime

In further debate over jury instructions, prosecutor Matthew Colangelo told the judge that the trial evidence could easily support a finding that the other crime was tax fraud.

The argument came during a discussion in which Colangelo said all they have to prove is Trump’s intent to conceal another crime, not that the crime actually happened.

Judge rules that jurors can have different ideas on unlawful means

Judge Merchan has just ruled that if the jurors find that Trump made or caused business records to be made to conceal a conspiracy to promote his election through unlawful means, the jurors can have different ideas about what those unlawful means are.

In other words, the jurors don't have to all agree on what unlawful means Trump employed, but have to agree that he did in fact use some kind of unlawful means to promote his election in 2016.

Attorneys debate instruction on New York election law

Rebecca Shabad is in Washington, D.C.

Trump’s defense argued that, now that it’s clear that the unlawful means through which the alleged conspiracy was carried out should itself be a criminal violation, the word “willfully” is needed in two places.

The government said that the language of New York Election Law 17-152, which is apparently the crime the DA will argue Trump intended to conceal, only discusses “unlawful means” and is not limited to criminal violations.

Trump lawyer Emil Bove said there has to be intent that reflects the highest level intent of the object conspiracy, meaning criminal conspiracy must have a criminal object.

Bove said that they need the assertion of “willfully” to make clear that the object of the unlawful activity features criminal intent.

Jury includes two lawyers

Laura Jarrett

Fallon Gallagher

As the judge mulls these highly complex instructions on the law, it’s worth remembering there are two lawyers on the jury.

Some former prosecutors say they are loathe to have lawyers as jurors, fearing they’ll hold the state to a higher standard. But these two jurors were nevertheless empaneled and we won’t know their influence on the deliberations for a while, if ever.

Attorneys debate intent to commit or conceal another crime

Jillian Frankel

Judge Merchan expressed concern about another submission for jury instructions regarding intent to defraud or to aid or conceal.

Trump attorney Emil Bove said that the jury is being asked to evaluate not only fraud but intent to conceal another crime.

“There’s nothing in the statute about two separate intents," prosecutor Matthew Colangelo responded, adding that prosecutors acknowledged that they were tasked with having to establish two elements.

Merchan said that it's a requirement that a defendant acted with the intent to defraud included an intent to commit another crime, adding, he would not materially change the statute.

Trump seems more alert right now

Katherine Doyle

Trump appears more engaged this afternoon than at earlier points in the trial, tapping his attorney Todd Blanche on the shoulder, pointing across the room, pursing his lips and whispering to defense attorney Susan Necheles while listening to the lawyers and the judge debate the jury instructions.

Trump closed his eyes intermittently before almost immediately resuming some kind of activity, and he has been leafing through the papers in front of him, a stack that includes printed pictures.

Judge leans toward defense's argument on 'intent' instruction

Judge Merchan is now dealing with the expanded "intent" instruction issue and has indicated that he agrees with the defense on causing false entries when those false entries are reasonably foreseeable to the defendant based on his conduct.

Prosecutor Matthew Colangelo argued that case law supports the prosecution's position. Trump's lawyer Emil Bove said that the district attorney’s theory of the case is tantamount to "causing the causer." Colangelo maintained that “acting in concert with someone” is separate from the concept of “cause” and is not duplicative.

Merchan ultimately reserves decision but repeats that it's his inclination to strike the "reasonably foreseeable" language.

In the (legal) weeds

Daniel Arkin

The arguments over jury instructions that have monopolized the last roughly 30 minutes are probably the most technical we've seen since the trial started.

But the instructions could be some of the most important decisions that the judge makes because they are the basis by which the jury will decide whether Trump is guilty or not.

Following jury-instruction arguments blind

Reporting from Manhattan criminal court

Lawyers are going through arguments about the instructions to the jury, but the public and the media trying to follow along lack one key element: a copy of the proposed instructions.

It is incredibly challenging to follow without being able to read the draft charges.

For his part, Trump is sitting with his eyes closed while the lawyers go back and forth.

Merchan proposes language to clarify on election-related charge

Judge Merchan proposes leaving in this sentence: “If the payment would have been made even in the absence of the candidacy, the payment should not be treated as a contribution.”

Trump's lawyer Emil Bove says that is an accurate recitation of the “irrespective rule” but they want to offer examples to the jury from the FEC’s prior application of the rule.

Merchan said that he is reserving decision, but his inclination is to use some of each side’s language.

Trump's lawyers ask for additional language on the election-related charge

Reporting from the Manhattan courtroom

The defense wants an instruction that the phrase “for the purpose of influencing an election” refers to spending clearly and unambiguously related to the election.

The prosecution says that the jury needs less, not more, and that the phrase “for the purpose of influencing an election” is fairly straightforward.

Defense pushes for language to show Trump could have paid campaign expenses on his own

The next disputed area concerns the defendant’s desire to say there was no limit on an individual’s contributions to his own campaign.

Trump's lawyer Emil Bove says they want this language to help the jury understand Trump could have paid on his own.

Judge Merchan says the defense can argue this on summation but he’s not giving this instruction.

Merchan holding off on 'willfully' decision

Judge Merchan said he is reserving making a decision about adding the word "willfully" to two places in the jury instructions.

Lawyers on both sides debate the charge related to federal election law

The first charge the parties are arguing about concerns the Federal Election Campaign Act, or FECA.

The defense argues that now it is clear that the unlawful means through which the alleged conspiracy was carried out should itself be a criminal violation, necessitating the addition of the term “willfully” in two places.

The government says that the language of New York Election Law 17-152 (which is apparently the crime the district attorney's office will argue Trump intended to conceal) only discusses “unlawful means,” and it is not limited to criminal violations.

Trump repeats there is 'no crime' as he re-enters the courtroom

As Trump returned to the courtroom, he told reporters that there is "no crime" but that the prosecution may "try and devise one right now" as he argued Judge Merchan "has been very helpful to the other side."

"We have a situation where we have no crime and this next couple of hours is very important because the judge can try and manufacture one," Trump said.

He emphasized the same remarks he's made over the last few weeks of the trial, continuing to say that there is no basis for the trial and argued that Merchan is a corrupt judge.

Court has reconvened for a discussion on jury instructions

Summer Concepcion

Court is back in session.

Judge Merchan and lawyers for both the prosecution and the defense will discuss what can be included in jury instructions.

This gives both sides the chance to discuss what jurors should be advised before they proceed with deliberations.

Giuliani pleads not guilty in Arizona election interference case

Rudy Giuliani has pleaded not guilty to nine felony charges related to efforts to overturn the 2020 election results in Arizona, The Associated Press reported.

Giuliani and other Trump allies, including former Arizona Republican Party chair Kelli Ward, were arraigned today after being charged in the “fake electors” scheme seeking to falsely declare that Trump had won the battleground state.

Giuliani, a former New York City mayor who served as Trump’s personal attorney, was mentioned several times throughout Robert Costello’s testimony today.

Costello testified that he had known Giuliani for 50 years and that Giuliani attended his wedding . The prosecution also displayed emails showing Costello mention Giuliani in email exchanges with his law partner Jeff Citron and Michael Cohen.

By the numbers: People v. Donald Trump

• We are in Week 6 
• 22 total witnesses
• 20 days in court, including jury selection
• 413 days since Trump's indictment
• More than 80 hours of witness testimony

PROSECUTION WITNESSES

• David Pecker
• Rhona Graff
• Robert Browning
• Phillip Thompson
• Keith Davidson
• Georgia Longstreet
• Jeffrey McConney
• Deborah Tarasoff
• Sally Franklin
• Stormy Daniels
• Rebecca Manocio
• Tracey Menzies/Harper Collins
• Madeleine Westerhout 
• Daniel Dixon/AT&T
• Jennie Tomalin, Verizon
• Georgia Longstreet (second appearance)
• Jaden Jarmel-Schneider
• Michael Cohen

DEFENSE WITNESSES

• David Sitko
• Robert Costello

Trump has been surrounded by allies throughout the trial, including some potential VP picks, like Sen. JD Vance of Ohio and businessman Vivek Ramaswamy.

Alan Dershowitz slams judge for scolding defense witness

Alan Dershowitz, who was in court with Trump on Monday, talked briefly with me just now about his time inside the courtroom, which he called “eventful.”

The prominent lawyer said Judge Merchan, who erupted in frustration yesterday with defense witness Robert Costello, “really obviously showed his bias” when he cleared the room to excoriate Costello. Dershowitz was in the room for the duration.

“I saw the judge’s affect when he was screaming at the lawyer,” Dershowitz said. “The judge really lost his cool and for the first time, really, really obviously showed his bias.”

Donald Trump Jr. rips case against his father

Speaking to cameras outside the courtroom, Donald Trump Jr. was emphatic that his father didn't commit a crime and that "the only problem is the witnesses who are experts in these things aren’t allowed to actually testify to that. Because you have a rigged system."

Courts don't allow legal experts to testify because judges are responsible for interpreting the law.

Today was the first day Donald Trump Jr. attended the trial.

He said that the prosecution's star witness, Michael Cohen, is a convicted liar and "now an admitted thief ... who they're hanging the entire case on." He said the other star witness "happens to be a porn star."

"They’ve started to go down a very dangerous and a very slippery slope. This insanity cannot stand. This kind of bias cannot be allowed to happen in the United States or anywhere else," he continued. "If this was going on right now, in a third-world banana republic, there would be people screaming about it. You people, the media, would be outraged. Instead, because I presume you’re fine with whatever the results are, as long as it’s against Donald Trump, your silence is deafening and it’s disgusting."

Merchan says the jury will return next Tuesday for summations

Judge Merchan explains that the jury won't return to court until next Tuesday for summations, adding that those closing arguments "will not be quick" and he expects his instructions to take at least an hour.

He said the court would have been in session today and Thursday. “There is no way that we can possibly do what needs to be done in a cohesive manner."

The judge said he decided the best thing to do was for the jury to adjourn now and return next Tuesday. He directed the jurors to continue keeping an open mind and then he'll give final instructions on the law. He added that he expects to potentially work next Wednesday as well.

Defense rests

The defense has rested.

Robert Costello's testimony is a double-edged sword

This morning’s testimony also illustrates why calling Costello as a witness was always a double-edged sword. The defense team called him because he undermines Cohen’s credibility, by repeating Cohen’s alleged admission that he had “nothing” on Trump.

Yet, today, the prosecution has effectively painted him as working to keep Cohen quiet and then being angry when he failed — using his own emails against him.

Prosecution successfully uses Costello's emails against him

That was a masterclass in effective cross. Not only did Prosecutor Susan Hoffinger use Costello’s own emails against him brilliantly, but she kept calling back to his statement yesterday that an email spoke for itself —making his responses this morning seem less credible.

Costello told law partner that Cohen is 'playing with the most powerful man on the planet'

In an email to his law partner Jeff Citron, Costello wrote, “What should I say to this asshole? He is playing with the most powerful man on the planet.” 

Asked whether this email speaks for itself, Costello agreed.

Robert Costello told Michael Cohen to make his opinion known about Trump not properly supporting him

Prosecutor Susan Hoffinger entered into evidence an email that Costello wrote to Cohen.

“You are making a very big mistake if you believe the stories these ‘journalists’ are writing about you," Costello wrote. "They want you to cave. They want you to fail. They do not want you to persevere and succeed. If you really believe you are not being supported properly by your former boss, then you should make your opinion known.”

Costello told his law partner the goal was to get 'Cohen on the right page'

Hoffinger displayed an email showing that Costello told his law partner Jeff Citron that their goal was 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," Costello wrote in the email, "this is the clear & correct strategy."

Cohen, in his testimony, accused Costello and Trump's campaign of trying to exert a pressure campaign to get him to respond as they wished.

Costello pushed back on the idea that the meanings of his emails are self-evident, contradicting what he said in his testimony yesterday.

"As you said yesterday," Hoffinger asked, "the email speaks for itself, correct?"

Costello's reply: "Sometimes."

Costello's attitude could make him dislikable to the jury

Katie S. Phang

Already, Costello is being difficult with his testimony as he answers questions from prosecutor Susan Hoffinger — only making himself more dislikable to the jury.

Costello is being impeached by exhibit after exhibit. It feels like a waste of energy to quibble with Hoffinger on these emails as they speak for themselves and don't require his added remarks and rebuffs.

Robert Costello says Rudy Giuliani attended his wedding

Prosecutor Susan Hoffinger asked Robert Costello if he was very close to Rudy Giuliani and had known him for 50 years.

Costello said yes, he's known Giuliani for years and said Giuliani attended his wedding.

Giuliani has been a close Trump ally for several years, including serving as his personal attorney. The former New York City mayor has become central to Trump's legal woes, including being indicted in Georgia on charges related to the effort to overturn the 2020 election.

Trump says 'we'll be resting pretty quickly' before entering courtroom

Speaking to reporters before entering the courtroom on Day 20 of the hush money trial, Trump again griped that he would rather be campaigning instead of “sitting in an ice box all day” for almost five weeks and added that his team would be resting their case "pretty quickly."

After listing several conservative legal scholars who echoed his assertion that he did not commit wrongdoing, the former president blasted the hush money trial as a “kangaroo court,” said he hopes the appellate division “will take care” of the legal battles he’s facing and accused Judge Juan Merchan without evidence of being “highly conflicted.”

Trump insisted that his lawyers have presented a “phenomenal case” in the hush money trial and that "we’ve won the case by any standard.”

“Any other judge would’ve thrown this case out," he said.

Prosecutor opens with questions about Robert Costello's emails

Hoffinger started her cross-examination of Costello with a series of questions about emails he provided to the district attorney's office — including one message from Cohen in which he told Costello to stop contacting him.

“Please cease contacting me as you do not and have never represented me in this or any matter," Cohen wrote, according to the exhibit displayed to the courtroom.

Court begins for the day

Court has begun for the day with Costello set to return to the stand.

Trump's guests in court today

Here are Trump's guests today in court:

• Donald Trump Jr.
• Former acting Attorney General Matt Whitaker
• Former Florida Attorney General Pam Bondi
• Sen. Eric Schmitt
• Rep. Daniel Webster
• Rep. Dan Meuser
• Rep. Ronny Jackson
• Rep. Troy Nehls
• Rep. Dale Strong
• Rep. Maria Salazar
• Sebastian Gorka
• Joe Piscopo

Trump increasingly relies on allies to deliver the attack lines the gag order bars him from uttering

Trump has been calling the politicians who make the pilgrimage to stand behind him in the New York City court where he is on trial his “surrogates” — as they push the lines of personal attacks that he has been barred from making because of a gag order.

The coordination and organization between Trump and those supporters have stoked questions about whether the remarks by the cast of Republicans amount to a violation of Trump’s gag order. But legal experts say that it’s difficult for prosecutors to argue a violation has occurred when Trump isn’t the one doing the talking and that, even if they were successful, it might trigger a consequence they’re trying to avoid: sending Trump to jail.

Read the full story here.

Michael Cohen's lawyer says there was 'no gotcha moment' for the defense

Dayna Perry, Cohen's lawyer, said she felt “relieved and exhausted but good” in her first interview after her client’s testimony in the Trump hush money trial concluded .

In response to Merchan’s excoriation of Robert Costello’s grumblings during his testimony, Perry said she and her client had left the courthouse by the time Costello took the stand but argued that Costello’s behavior underscores Cohen’s testimony about his distrust in Costello.

“And so, as Judge Juan Merchan apparently said at sidebar, the behavior bordered on ' contemptuous ,' a legal term, and I think not -- not overly surprising given what we heard from the witness stand,” Perry said.

Pressed by Jen Psaki about whether she regrets Cohen waiving his attorney-client privilege when it comes to Costello, Perry said she doesn’t think there were “any blows that landed” because her client testified about the true nature of their relationship and “why he stayed at arm's length” from Costello.

Perry argued that there was “no gotcha moment” for the defense, noting that Cohen had disclosed details of his discussions with Trump in a book he released four years ago and voluntarily turned over his phone to the Manhattan district attorney’s office.

Asked why she thinks the defense did not cross-examine Cohen about a lot of parts of his earlier testimony, including the Trump Tower meeting and his visit to the White House, Perry first praised the prosecutor Susan Hoffinger for “drawing the sting and frontloading of that damaging information” before speculating that Trump lawyer Todd Blanche “probably felt that there was only damage he could do by going back to it and revisiting it.”

What to expect in court today

Costello returns to the stand, and his demeanor will be under close scrutiny, particularly by Judge Merchan.

The judge threatened to strike all of Costello's testimony if he continues to exhibit the same kind of behavior from yesterday that Merchan described as "contemptuous." Losing Costello's testimony would be a setback for the defense, who called the veteran New York lawyer in an effort to undermine some of Cohen's recollection of events.

After Costello steps down from the stand, all attention will turn to Trump's attorneys to see if they call another witness or decide to rest. They have not said definitively whether Trump will testify.

Here's what you missed in court yesterday

In another sign that the trial is nearing the end, the prosecution rested after former Trump lawyer and self-described fixer Michael Cohen took the stand for the last time.

Cohen, in discussing the transactions surrounding the hush money payment, described a discrepancy in funds that prompted Trump's attorney to ask Cohen if he “stole from the Trump Organization.”

His response: “Yes, sir.”

The defense then called two witnesses — only to have the judge threaten to strike the remarks of Robert Costello, whose testimony aims to undermine Cohen's credibility.

Costello was reprimanded by Judge Juan Merchan after the jury left the room, and after the judge took the highly unusual step of clearing the press from the courtroom. A court transcript later showed that the judge called Costello's actions "contemptuous."

Merchan also laid out what's likely to be the schedule for the remainder of the trial. Court is out of session tomorrow, as usual, but there also won't be any trial proceedings on Friday or Monday. That means lawyers on both sides are likely to meet on Thursday to discuss jury instructions, with closing arguments on tap for as early as next Tuesday.

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