Day 21 of Trump New York hush money trial | CNN Politics

Closing arguments wrap in Trump hush money trial

By CNN's Kara Scannell, Lauren Del Valle, Jeremy Herb in the courthouse
Updated 9:08 PM EDT, Tue May 28, 2024
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Ty Cobb predicts a guilty verdict in Trump hush money trial. Here's why
02:44 - Source: CNN

What we covered here

Our live coverage has wrapped up, but we’ll be back Wednesday. Scroll through the posts below to read more about what happened in court today.

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Takeaways from a long day of closing arguments in the Trump hush money trial

From CNN's Jeremy Herb, Lauren del Valle and Kara Scannell
Former US President Donald Trump returns to court for his hush money trial at Manhattan Criminal Court on Tuesday, May 28, in New York.
Former US President Donald Trump returns to court for his hush money trial at Manhattan Criminal Court on Tuesday, May 28, in New York.
Julia Nikhinson/Pool/Getty Images

The defense and prosecution gave their closing arguments in Donald Trump’s New York hush money trial, spending many hours late into the evening Tuesday offering the jury diametrically opposed stories about the payment made to Stormy Daniels in October 2016 and the subsequent reimbursement to Cohen the following year.

Prosecutors told jurors on Tuesday they’ve seen a “mountain of evidence” to prove that Trump falsified business records in order to cover up a damaging story about an alleged affair at the end of the 2016 election. The defense said the prosecution’s criminal case against the former president is wholly reliant on the testimony of Michael Cohen – the “MVP of liars” who is out to get Trump.

Which narrative the jury believes could ultimately decide Trump’s legal fate.

Here are some of the takeaways from Day 21 of the hush money trial:

Defense argues jurors cannot convict on Michael Cohen’s words: Todd Blanche was up first, and he spent much of his two-hour closing argument attacking the credibility of Cohen, Trump’s former fixer.

  • He accused Cohen of lying directly to the jury, on top of the lies he was convicted of telling. Cohen lied so much, Blanche alleged, that he should be considered the Tom Brady of lying – the “GLOAT,” or the “Greatest Liar of All Time.”
  • Blanche focused on Cohen’s claims about his phone call with Trump on October 24, 2016. Cohen testified that Trump bodyguard Keith Schiller put Trump on the phone so Cohen could tell him he was going forward with the Daniels payment.
  • Blanche told the jury it’s clear they were talking about the teen prankster because Cohen hung up and texted Schiller about the situation then followed up the next morning. “That is perjury,” Blanche said, raising his voice as he slowly emphasized each syllable of the final word.

Prosecution defends Cohen but argues there’s more to the case: Over 4 hours and 41 minutes, Assistant District Attorney Joshua Steinglass pushed back against Blanche’s attacks, arguing there was plenty of corroboration of Cohen’s testimony, both from documents and the testimony of others, particularly former AMI chief David Pecker.

  • Steinglass tried to rebut Blanche’s allegation about the October 24, 2016, call with a bit of role-playing and acted out a theoretical call Cohen could have made where he talked to both Schiller and Trump. “These guys know each other well. They speak in coded language, and they speak fast,” Steinglass said of Cohen and Trump.
  • Steinglass also focused on testimony from Pecker to help bolster Cohen’s credibility, such as showing that Cohen’s story was corroborated by Pecker’s description of a phone call with Trump about the Karen McDougal story in June 2016.
  • He also walked jurors back through all of the documents and testimony they had heard over the six-week trial, beginning with the 2015 Trump Tower meeting all the way through Trump’s pressure on Cohen in 2018 before Cohen began cooperating with federal investigators and pleaded guilty. “The name of the game was concealment, and all roads lead inescapably to the man that benefited the most, the defendant, former President Donald J. Trump,” he said.

What’s next: Now that closing arguments are done, the panel of seven men and five women is expected to begin deliberations Wednesday.

What to know about the jurors in Trump’s criminal trial

From CNN's Lauren del Valle, Annette Choi and Matt Stiles

Attorneys for the defense and the prosecution presented their closing arguments on Tuesday, appealing to the panel of 12 jurors that will soon consider the case.

The judge is expected to instruct the jury tomorrow as to the charges they must consider against Donald Trump and the laws governing the deliberations.

The jury must be unanimous in its decision. Here’s what we know about the jurors on the panel:

Here are the key points made by the prosecutor in his closing arguments

From CNN's Elise Hammond

The prosecution delivered closing arguments Tuesday and worked to tie together text messages, phone logs and other witness testimony that it said proved its case against Donald Trump without relying solely on his former personal attorney, Michael Cohen.

On Wednesday, Judge Juan Merchan will read the jury instructions before deliberation begins.

If you’re just reading in, here’s a brief recap of the prosecution’s closing arguments:

Prosecution: 

  • Prosecutor Joshua Steinglass told the jury that they didn’t need Cohen’s testimony to prove there was a conspiracy. He said there is a “mountain of evidence” to corroborate what he said on the stand, including other witnesses and documents. The prosecutor said Cohen provides “context and color” to the physical evidence. Steinglass reiterated that this case is not about Cohen, but about whether Trump should be held accountable.
  • The prosecutor also tried to rehabilitate Stormy Daniels’ credibility. He said the details Daniels gave about her interaction with Trump prove that it is true. Steinglass argued that Daniels was the motive for Trump to pay the hush money payment and falsify business records. He said the defense’s narrative that the payment started as an extortion is “so bogus.”
  • Steinglass called out an argument Trump’s attorney made about Cohen admitting he stole money from the Trump Organization. Steinglass argued that Cohen can be called a “thief or say it wasn’t a reimbursement but not both.” He pointed out that if the defense is saying the payment was for legal services rendered, not a reimbursement, then there was no theft. He later said the defense is trying to have it both ways.
  • Steinglass argued that the defense’s assertion that the payments to Cohen were for legal services is disproved by handwritten notes from former CFO Allen Weisselberg and former Trump Organization controller Jeffrey McConney. He walked the jury through the notes and mentioned that “the defendant has himself repeatedly admitted that the payments were reimbursements.”
  • The prosecutor told the jury that Trump “paid a porn star by funneling money through a lawyer,” and showed the jury vouchers and check stubs that he said backed that up. He also showed the jury checks signed by Trump, pointing out his signature in Sharpie. Steinglass argued no one could sign them but Trump. He also reiterated testimony that Trump was very involved in his business and insisted on controlling payments.
  • In a 2015 meeting at Trump Tower, Steinglass said Trump and former American Media Inc. CEO David Pecker discussed how to conduct “catch and kill” operations for negative stories about Trump — even if they didn’t use that exact terminology. Steinglass argued the “catch and kill” schemes could very well be what got Trump elected.

Trump's hush money trial is coming to an end. Here's what the defense said in closing arguments

From CNN's Elise Hammond

The jury will soon decide whether former President Donald Trump falsified business records to cover up his hush money payment to Stormy Daniels in an attempt to influence the 2016 election.

Both sides delivered closing arguments on Tuesday. Trump’s attorney Todd Blanche went after the testimony of the former president’s former personal attorney, Michael Cohen. He argued to the jury that Cohen’s testimony was not corroborated and listed 10 reasons why the jury should have reasonable doubt.

Here are some key takeaways:

Defense:

  • Trump’s attorney Todd Blanche slammed the testimony of the prosecution’s key witness, Cohen, telling the jurors that they “should want and expect more.” He said the jury can’t convict Trump beyond a reasonable doubt on Cohen’s words, calling him the “MVP of liars” and that there is “not a shred of evidence” in what he said on the stand. He pointed to when Cohen admitted he stole from the Trump Organization and inconsistencies in Cohen’s testimony about a call with Trump’s former bodyguard.
  • The defense alleged that Cohen lied when he testified that he never had a retainer agreement with Trump in 2017. Blanche said there was a verbal retainer and asked the jury if they believed Cohen would work for free and that Trump would agree to overpay. He also pointed out times when Cohen did some legal work. He reminded jurors that the Trump Organization always labeled any expenses from a lawyer as “legal expenses” and that is not a crime. 
  • Blanche argued that Trump, who was in the White House at the time, was very busy and did not know the details of each check to Cohen. He said Trump’s sons, Eric and Donald Jr., co-signed some checks. He also said there is “nothing sinister” about Trump’s personal checks being sent to employees’ personal addresses, rather than the White House, for them to be signed. He argued that there was no intent to defraud because the payments to Cohen were adequately disclosed to the IRS.
  • Blanche argued that Cohen made the decision to pay $130,000 to Stormy Daniels, not Trump. He said Cohen didn’t tell Trump about it because “he knew he could get credit for doing something to help President Trump at some later time.”
  • Blanche argued that it was a longstanding practice for American Media Inc. to publish flattering stories about Trump. Further, he said it was “preposterous” to think that Trump believed stories in the Enquirer could determine the result of the election. Trump’s lawyer also pointed out that there was no discussion of “catch and kill” specifically during an August 2015 meeting at Trump Tower.
  • Merchan gave a curative instruction to the jury after Blanche made an “outrageous” comment during his closing argument. Blanche talked about Cohen’s credibility and told the jury: “You cannot send someone to prison you cannot convict somebody based upon the words of Michael Cohen.” The jury is not supposed to consider penalties, so bringing up the possibility of prison was inappropriate, the judge said.

Closing argument from Steinglass lasted nearly 5 hours today

Prosecutor Joshua Steinglass’s closing argument took 4 hours and 41 minutes.

Steinglass thanked the jurors for their time as he wrapped up, saying “I apologize for trading brevity for thoroughness.”

Judge says he will deliver jury instructions tomorrow morning

Judge Juan Merchan says his instructions to the jury will take about an hour tomorrow morning. They’ll get started around 10 a.m. ET tomorrow.

“Jurors, thank you again for your patience,” Merchan says.

Merchan tells the attorneys to advise their guests tomorrow once he starts reading the charge, no one will be allowed in or out of the courtroom.

Steinglass wraps up closing argument with plea to jury to find Trump guilty

Prosecutor Joshua Steinglass wrapped up his closing argument with a final message for the jury: “You have to put aside the distractions, the press, the politics the noise. Focus on the evidence and the logical inference that can be drawn from that evidence.”

“Use your common sense and follow the judge’s legal instructions,” Steinglass tells the jury.

Judge sustains objection as Steinglass starts to say, "Trump can't shoot someone on 5th Avenue"

Prosecutor Joshua Steinglass starts to say “Donald Trump can’t shoot someone on 5th Avenue…” and an objection from Trump’s attorney Todd Blanche is sustained.

"There is no special standard for this defendant," prosecutor says

Prosecutor Joshua Steinglass notes that Trump has a right to a fair trial and to put the prosecution to its burden.

“Now he’s gotten that trial, he’s had his day in court,” Steinglass said.

“The law is the law and it applies to everyone equally. There is no special standard for this defendant,” Steinglass says.

Prosecutor: "All roads lead inescapably to the man that benefited the most"

The scheme shows a whole lot of thought and energy to conceal the truth, prosecutor Joshua Steinglass says, when Trump could’ve just paid Stormy Daniels directly.

“The name of the game was concealment, and all roads lead inescapably to the man that benefited the most, the defendant, former president Donald J. Trump,” Steinglass says after raising lies, shell companies, encrypted apps and other means.

Trump still cared about the Stormy Daniels story to want to keep it quiet in 2018, Steinglass says

Joshua Steinglass moves on to tax fraud violations.

“Listen carefully to the judge’s instruction,” the prosecutor says. “It’s a crime to willfully create false tax forms,” even if they don’t lead to the willful false payment of taxes, he says.

Donald Trump had an incentive to keep the Stormy Daniels story quiet in 2018 and Steinglass says he was still actively trying to prevent his catch-and-kill scheme from going public.

“He still cared,” the prosecutor says.

“Any single one of those unlawful means is enough for you to conclude the Trump Tower conspiracy violated New York state election law,” Steinglass says.

“You don’t have to agree” on which part of the law was violated, he notes.

Steinglass tells jury they seen a lot of evidence Daniels payment was made because of the 2016 election

Joshua Steinglass says the defense spent considerable time arguing that Stormy Daniels’ story was killed to protect Trump’s family because the attorneys know that under the law it’s not a violation if Michael Cohen would have made the payment “irrespective of the candidacy.”

But Steinglass says Cohen told the jury he made the Daniels pay off because of the election. 

“You’ve seen a ton of evidence this payment was made because of the potential concerns about the Daniels story” on the 2016 election, Steinglass says.

David Pecker was willing to sacrifice magazine sales to serve Trump, prosecutor says

National Enquirer publisher David Pecker “put the (Trump) campaign first, to the point he was willing to sacrifice magazine sales to serve the defendant,” prosecutor Joshua Steinglass says.

The magazine’s publisher, AMI, was ready to sell the rights to Karen McDougal’s story to Donald Trump, the prosecutor says.

Steinglass says AMI was not acting in normal press functions so there can be no exception, noting Judge Juan Merchan will instruct the jury about this.

Trump team believes best likely outcome is a mistrial, but worried about possible impact of an "Allen charge"

From CNN's Paula Reid 

Former President Donald Trump’s team still believes the best likely outcome is a mistrial, according to a source familiar with the team.

However, they are worried about the impact a potential “Allen charge” could have on a deadlocked jury. 

An Allen charge — which is also referred to as a dynamite charge — is given when a jury returns and reveals that they are deadlocked. The judge will encourage the jury to go back and continue deliberations and try to find unanimity to avoid a mistrial. This does not require jurors to change their vote or reach a verdict.

Trump’s team is concerned that the jury may feel pressure after this instruction to avoid a mistrial in a historic case given the stakes and may decide to compromise and convict on a few charges like the counts for the checks Trump signed, the source said.

So even if this jury is deadlocked, the Trump team believes they still need to get past this additional hurdle to “win.”

Prosecution has proven Trump had intent to commit, aid or conceal violation of election law, Steinglass says

Prosecutor Joshua Steinglass says the prosecution has proven Trump had intent to commit, aid or conceal a violation of the election law.

Steinglass says of the conspiracy related to election fraud, “We’re basically beating a dead horse here.” The court reporter asked him to repeat that phrase.

Remember: Prosecutors needed to prove beyond a reasonable doubt that Trump falsified business records with the intent to commit or conceal another crime, but they don’t have to prove that Trump committed that crime.

The prosecution’s theory is that the second crime could be in violation of federal and state election laws or state tax laws for how Trump’s former lawyer and fixer Michael Cohen’s reimbursement was handled. 

Merchan sustains 2 defense objections and tells prosecutor that he will instruct the jury on the law

As the prosecutor appears to be winding up his closing arguments, Judge Juan Merchan for the second time in a few minutes sustains a defense objection and tells Joshua Steinglass that he will instruct the jury on the law.

Steinglass addresses the question of reasonable doubt

Prosecutor Joshua Steinglass raises the question of reasonable doubt, telling jurors not to take the defense’s “invitation to consider each piece of evidence in a vacuum.”

Steinglass tells the jurors to listen to the judge’s instructions on reasonable doubt carefully, saying that “the people have proven this case beyond all reasonable doubt.”

Nobody is saying Trump got behind a computer and generated vouchers and checks but he set the scheme in motion, Steinglass says.

“Juries determine intent all the time,” Steinglass says of need to prove an intent to defraud.

"False business records benefited one person and one person only and that's the defendant," prosecutor says

Donald Trump was “the beneficiary of the entire scheme” and the payment scheme to reimburse Michael Cohen in installments over a year did not help Cohen who needed to pay back his home equity loan without his wife finding out, prosecutor Joshua Steinglass says.

Remember: Cohen testified he chose a home equity line of credit (HELOC) to fund the Stormy Daniels payment because it was paperless.

He said he didn’t draw money from his personal bank account because his wife was “CEO of the household” and she would notice a $130,000 withdrawal.

In addition to overt evidence, Steinglass urges jurors to use their common sense

Joshua Steinglass quickly goes through another summary slide titled “The defendant’s direct involvement - Payments/coverup” which he says shows instances of “overt evidence” of Donald Trump’s involvement, including the catch-and-kill scheme and the payment and coverup scheme that includes the nine checks he signed.

The prosecutor says it’s “inconceivable” that Trump would be involved in silencing the women but “suddenly stick his head in the sand” when it came to the reimbursement scheme.

Steinglass also notes that Michael Cohen “was and is a self-promoter.”

“It simply defies all common sense to think he would undertake these herculean efforts” to help Trump and then keep it to himself, he adds.

Steinglass notes that Cohen told Trump about the American Media, Inc. deal so it defied logic he wouldn’t have told him about Stormy Daniels, too.

Steinglass walks through Trump's actions, including meeting Cohen, Pecker and that he signed 9 checks

Joshua Steinglass is walking through Donald Trump’s actions across the timeline, including calls with Michael Cohen, meetings with David Pecker and the fact he signed nine of the checks, among other actions.