Trump trial updates: Defense attorneys rest their case without Trump’s testimony

During the charge conference, Judge Juan Merchan reserved judgment on several requests by both sides regarding language lawyers want either included or removed from jury instructions. It's unclear when Merchan plans to rule on them.

"We’ll be resting pretty quickly, meaning resting the case. I won’t be resting. I don’t rest. I’d like to rest sometimes, but I don’t get to rest."

— Trump to reporters after arriving at the courthouse Tuesday, hours before his defense attorneys concluded presenting their case

Judge Juan Merchan convened with lawyers for both sides for a "charge conference" to go over the instructions Merchan will give the jury next week before deliberations can begin.

The jury was sent home by Merchan after the defense rested its case earlier Tuesday and is not due back until next Tuesday, when closing arguments are scheduled to begin.

After returning to the courthouse for a hearing on jury instructions, former President Donald Trump told reporters that he decided not to testify in his own defense because of the gag order preventing him from attacking witnesses and court staff.

"I'm not allowed to say what I'd like to really say, you'd be very impressed, but I'm gagged," Trump explained. "So why would I take the chance?"

He did not answer a shouted question about whether he was nervous about a conviction.

Speaking outside the courthouse at his father's criminal hush money trial Tuesday, Donald Trump Jr. railed against the case — and criticized reporters for not standing up for the former president.

"What's going on here is an absolute farce, and anyone in America should be embarrassed at the absolute miscarriage of justice," Trump Jr. told reporters. "If this was going on right now in a third world banana republic there would be people screaming about it. You people would be screaming about it. The media, instead, because I presume you're fine with whatever the results are as long as it's against Donald Trump — your silence is deafening."

• Total days of testimony: 20
  

• Witnesses called by the prosecution: 20
  

• Witnesses called by the defense: 2
  

• Days Stormy Daniels spent on the witness stand: 2
  

• Hours Stormy Daniels spent on the witness stand: 7.5
  

• Days Michael Cohen spent on the witness stand: 4
  

• Hours Michael Cohen spent on the witness stand: 17
  

• Amount of money Cohen admitted stealing from the Trump Organization: $30,000
  

• Number of times Trump was found in contempt for violating the gag order: 10
  

• Amount of money Trump was fined for those violations: $10,000

• Closing arguments are set for Tuesday, May 28.
  

• The jury was excused by Judge Juan Merchan until Tuesday. "Thank you, I'll see you in a week," Merchan told the panel.
  

• The judge will meet with lawyers from both sides this afternoon at 2:15 p.m. ET to discuss the charging instructions.
  

• Following closing arguments, Merchan said he expects jury deliberations to begin "hopefully at some point on Wednesday" of next week.

Trump departed the courtroom after his historic hush money trial adjourned, throwing up a fist pump without comment as he walked past cameras in the hallway.

Defense attorneys for Donald Trump finished questioning their last witness, attorney Robert Costello, and rested their case without calling the former president to testify.

Prosecutor Susan Hoffinger questioned Robert Costello, Cohen's former legal adviser, about testimony he provided to Congress last week, asking if it was an attempt to intimidate Cohen.

"That’s ridiculous, no," Costello answered.

Costello also told Hoffinger that he does not have animosity toward Cohen but doesn't think he's telling the truth.

Donald Trump Jr. was among those in his father's court entourage on Tuesday — the first time the former president's eldest son has appeared at his criminal hush money trial. Eric Trump has appeared at the trial numerous times. Trump's other children have not.

Also in court to support Trump today: Former Florida Attorney General Pam Bondi, current Texas Attorney General Ken Paxton and Sebastian Gorka, Trump’s former White House adviser.

• Read more: Here are all of the people who have shown up in court to support Trump at his hush money trial

With lawyer Robert Costello back on the witness stand, the jury was shown a series of emails from April 19, 2018, in which Costello, who once advised Michael Cohen, repeatedly mentioned Rudy Giuliani, who would become Trump's personal lawyer while he served as president. In his earlier testimony, Cohen said that Costello had advised him against speaking to Trump directly, offering to provide a back channel to the then president through Giuliani.

"I am sure you saw the news that Rudy is joining the Trump legal team. I told you my relationship with Rudy which could be very very useful for you," Costello wrote in an email to Cohen, according to CNN.

Prosecutor Susan Hoffinger also presented Costello with another email he sent to Jeff Citron, Costello's partner, on the same day saying, "All the more reason for Cohen to hire me because of my connection to Giuliani, which I mentioned to him in our meeting."

"That was your email, correct?" Hoffinger asked.

"Correct," Costello replied.

Speaking to reporters after arriving at Manhattan criminal court for day 20 of his hush money trial, former President Donald Trump repeated his attacks against presiding Judge Juan Merchan and the three other criminal cases he is facing, in what he described as "kangaroo courts."

He also complained, as he has throughout the trial, about the temperature inside the courtroom.

"It's not that I like doing this sitting in an ice box all day for seven, eight, nine hours," Trump said. "It's a very cold room, I will tell you that. But I'm doing this because our country needs it."

Day 20 of Trump's hush money trial begins with Cohen's former legal adviser Robert Costello back on the witness stand.

• Former President Donald Trump's criminal hush money trial is set to resume at 9:30 a.m. ET.
  

• The defense is expected to rest its case today, a day after the prosecution finished theirs.
  

• It's unclear whether Trump will testify in his own defense.
  

• Closing arguments are scheduled to begin on Tuesday, May 28.