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Defense asks judge to dismiss the case in Trump’s hush money trial

NEW YORK — Donald Trump’s lawyers on Monday pressed the judge overseeing his hush money trial to stop the case from going to the jury and throw out the charges after prosecutors concluded their presentation of evidence.

Judge Juan M. Merchan did not immediately rule on the request, which came at the end of a heated day that included the prosecution’s star witness admitting to stealing tens of thousands of dollars from Trump’s company and the judge briefly kicking reporters out of the courtroom after becoming angered by a defense witness.

The trial will resume Tuesday with more testimony from Robert Costello, a former federal prosecutor the defense hopes to use to attack the credibility of Trump attorney-turned-adversary Michael Cohen.

Cohen was the last witness — at least for now — for prosecutors, who are trying to prove that Trump sought to bury unflattering stories about himself and then falsified internal business records to cover it up as part of a scheme to illegally influence the 2016 presidential election. The defense has painted Cohen as a media-obsessed liar who is on a revenge mission aimed at taking down Trump.

After jurors left for the day, defense attorney Todd Blanche told the judge that prosecutors failed to prove their case and that it should be thrown out immediately. Blanche beseeched the judge to “not let this case go to the jury relying on Mr. Cohen’s testimony.”

The judge appeared unmoved by the argument, asking the defense attorney whether he believed that “as a matter of law, this person’s so not worthy of belief that it shouldn’t even be considered by the jury?”

“You said his lies are irrefutable,” the judge replied. “But you think he’s going to fool 12 New Yorkers into believing this lie?”

The defense request came after a chaotic scene unfolded when the judge — irritated by Costello’s behavior on the stand — briefly forced reporters out of the courtroom and into the hallway.

Costello aggravated Merchan repeatedly in his testimony by making comments under his breath and continuing to speak after objections were sustained — a signal to witnesses to stop talking. At one point, Costello remarked “jeez” when he was cut off by an objection. He also called the whole exercise “ridiculous.”

After excusing the jury, Merchan told Costello: “If you don’t like my ruling, you don’t say ‘jeez’ … You don’t give me side eye, and you don’t roll your eyes.”

A former federal prosecutor in New York, Costello is relevant to the case because of his role as a Cohen antagonist and critic in the years since their professional relationship splintered in spectacular fashion.

Costello had offered to represent Cohen soon after the lawyer’s hotel room, office and home were raided and as Cohen faced a decision about whether to remain defiant in the face of a criminal investigation or to cooperate with authorities in hopes of securing more lenient treatment.

Costello testified that Cohen told him Trump “knew nothing” about the $130,000 hush money payment to porn actor Stormy Daniels that’s at the center of the case.

“Michael Cohen said numerous times that President Trump knew nothing about those payments, that he did this on his own, and he repeated that numerous times,” Costello told jurors.

Trump lawyer Emil Bove told the judge that the defense does not plan to call any other witnesses after Costello, though they may still call campaign-finance expert Bradley A. Smith for limited testimony. They have not said definitively that Trump won’t testify, but that’s the clearest indication yet that he will waive his right to take the stand in his own defense.

Back on the witness stand for a fourth day, Cohen told jurors earlier Monday that he stole from the Trump Organization after his 2016 holiday bonus was slashed to $50,000 from the $150,000 he usually received.

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