• Video
  • Shop
  • Culture
  • Family
  • Wellness
  • Food
  • Living
  • Style
  • Travel
  • News
  • Book Club
  • Newsletter
  • Privacy Policy
  • Your US State Privacy Rights
  • Children's Online Privacy Policy
  • Interest-Based Ads
  • Terms of Use
  • Do Not Sell My Info
  • Contact Us
  • Recalls and Product Safety Alerts
  • © 2026 ABC News
ABC News

Trump trial updates: Appeals court denies defense's bid for judge's recusal

PHOTO: Former President Donald Trump sits in the courtroom during his trial at Manhattan Criminal Court on May 21, 2024 in New York City.
5:09
Michael M. Santiago/Getty Images
Trump's hush money trial: Biggest takeaways
By Aaron Katersky, Peter Charalambous, Olivia Rubin, Lucien Bruggeman, Julia Reinstein
Last Updated: May 23, 2024, 8:04 PM
Video by Jessie DiMartino
Last Updated: May 23, 2024, 8:04 PM

Former President Donald Trump is on trial in New York City, where he is facing felony charges related to a 2016 hush money payment to adult film actress Stormy Daniels. It marks the first time in history that a former U.S. president has been tried on criminal charges.

MORE: 'Are you staring me down?': Fiery moment between judge, defense witness in Trump hush money trial

Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records in connection with a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.

Top headlines:

  • Appeals court denies defense's bid for judge's recusal
  • Trump says he didn't testify in part because of his 'past'
  • Defense rests its case following Costello testimony
  • Judge blasts defense witness: 'Don't give me side-eye'
  • Judge says summations will likely happen next Tuesday
Here's how the news is developing.

Pinned
Apr 22, 2024 9:51 AM

What to know about the hush money case

READ MORE: Here's what you need to know about the historic case.


Pinned
May 20, 2024 8:52 PM

Defense moves for dismissal of case

The defense made a motion for the dismissal of the case, with defense attorney Todd Blanche telling Judge Merchan, "There's absolutely no evidence the filings were false, the business records were false."

When the invoices for Cohen's payment were sent to the Trump Organization there's no evidence they were entered improperly, Blanche said. "At the start, there is absolutely no false business filings. They're accurate business filings," he said.

Trump looked directly at Blanche as the attorney addressed Merchan.

"There's no evidence that there's any intent to defraud by Mr. Trump in connection to these filings," Blanche argued.

PHOTO: Former President Donald Trump sits in the courtroom during trial at Manhattan Criminal Court on May 20, 2024 in New York City.
Michael M. Santiago/Getty Images
Former President Donald Trump sits in the courtroom during trial at Manhattan Criminal Court on May 20, 2024 in New York City.
Michael M. Santiago/Getty Images

"There are no other crimes," defense attorney Todd Blanche argued about the legal standard in the case -- that Trump falsified business records in furtherance of another crime. "There is no evidence that any one was thinking about a campaign finance charge in 2016 when this payment was made to Ms. Daniels."

"The prosecutors have talked in their opening statement and in papers about some sort of conspiracy to influence the election but as the court knows there has to be something illegal about this effort," Blanche said. "There's no evidence from any of the witnesses who testified of any criminal intent."

"There is no way that the court should let this case go to jury relying on Mr. Cohen's testimony," Blanche said "Without Mr. Cohen, there is no case."

Judge Merchan asked if Blanche was calling for him to rule that Cohen's testimony is "not credible as a matter of law."

"Absolutely, that's exactly what we're calling on the court to do," Blanche replied. "He testified, and he lied under oath -- in this courtroom."


May 23, 2024 8:04 PM

Judge issues written decision denying defense's bid for sanctions

In a written order, Judge Juan Merchan has denied a defense motion to sanction prosecutors for the late production of evidence in the case earlier this year.

In March, attorneys for former President Trump requested that Judge Merchan sanction prosecutors and adjourn the trial after federal prosecutors turned over more than 100,000 pages of potential evidence just ahead of the trial. Defense lawyers argued that the prosecutors engaged in "widespread misconduct including the suppression of evidence" and sought to interfere with the 2024 election.

After an in-person hearing on March 25, Merchan denied the request to adjourn the trial and promised to follow up with a written decision, which he issued today.

"This court found that the Defendant would not suffer any prejudice as a result of the document production at issue because the Defendant was given a reasonable amount of time to prepare and respond to the material," the order said.


May 23, 2024 4:31 PM

Appeals court denies defense's bid for judge's recusal

New York's Appellate Division has upheld Judge Juan Merchan's decision not to recuse himself from former President Trump's hush money case.

Trump's defense team had sought Merchan's recusal based on his daughter's work for a consulting firm with Democratic clients.

A panel of appellate judges ruled that Trump failed to prove the judge overstepped his authority by denying a defense motion for recusal.

"Petitioner has failed to establish that the court acted in excess of its jurisdiction by denying his motion," today's order said. "Petitioner also has not established that he has a clear right to recusal."

The judges also found that the defense appeal was procedurally improper since they waited too long to appeal Merchan's August 2023 recusal order, then rushed to the Appellate Division before Merchan ruled on their more recent recusal motion.

The appellate court also upheld Merchan's decision denying Trump's argument that some of his social media posts were covered by presidential immunity.

The appeals court said Trump could include both appeals in its general appeal of the verdict should he be found guilty.

The court also denied Trump's request for a change of venue for the trial, which Trump had sought before the trial began last month.

The former president has repeatedly criticized Judge Merchan as "conflicted" throughout the trial.


May 22, 2024 10:32 PM

Trump says he didn't testify in part because of his 'past'

Donald Trump said Wednesday that he didn't take the stand in his hush money trial because he didn't agree with the judge's rulings -- and because he was seemingly worried about information that could have come out during cross-examination.

"He made rulings that makes it very difficult to testify," Trump said in an interview on WABC Radio, referring to Judge Juan Merchan. "Anything I did, anything I did in the past, they can bring everything up, and you know what, I've had a great past -- but anything."

"The other reason is because they have no case," Trump said. "In other words, why would -- why testify when they have no case?"

Trump had originally indicated he would testify, saying on April 12 that "I would testify, absolutely." But he subsequently appeared to back away from the idea, falsely telling reporters on May 2 that the limited gag order in the case -- which prohibits extrajudicial statements about witnesses and jurors -- prevented him from testifying.

The next day in court, Judge Merchan directly addressed Trump to clarify that he has an "absolute right" to testify and that the limited gag order does not apply to his statements in court.

"I want to stress, Mr. Trump, that you have an absolute right to testify at trial, if that is what you decide to do after consultation with your attorneys," Merchan said.

-Lalee Ibssa, Soo Rin Kim and Kelsey Walsh



May 21, 2024 8:58 PM

In final clash, lawyers spar over retainer instructions

Prosecutor Joshua Steinglass, at the end of the afternoon's pre-charge conference, argued that the jury's instructions should include that retainer agreements are legally required for lawyers to begin conducting work for a client.

Prosecutors have argued that Trump falsified records because he characterized Michael Cohen's hush money reimbursement as legal expenses pursuant to a retainer agreement. Defense lawyers have argued that Cohen was paid by the company for years and never had a retainer agreement with Trump -- or needed to.

"It is in fact the law," Steinglass said about the requirement to have a retainer.

"We don't think that's right, judge," defense attorney Emil Bove responded.

Judge Juan Merchan said he would review the rules before making a decision.

The judge subsequently ended the conference, telling the attorneys he would aim provide them with the final jury instruction by the end of the day Thursday so they can prepare over the weekend, ahead of the jury getting the case next week.

The proceedings will resume on Tuesday morning with summations.


May 20, 2024 8:52 PM

Defense moves for dismissal of case

The defense made a motion for the dismissal of the case, with defense attorney Todd Blanche telling Judge Merchan, "There's absolutely no evidence the filings were false, the business records were false."

When the invoices for Cohen's payment were sent to the Trump Organization there's no evidence they were entered improperly, Blanche said. "At the start, there is absolutely no false business filings. They're accurate business filings," he said.

Trump looked directly at Blanche as the attorney addressed Merchan.

"There's no evidence that there's any intent to defraud by Mr. Trump in connection to these filings," Blanche argued.

PHOTO: Former President Donald Trump sits in the courtroom during trial at Manhattan Criminal Court on May 20, 2024 in New York City.
Michael M. Santiago/Getty Images
Former President Donald Trump sits in the courtroom during trial at Manhattan Criminal Court on May 20, 2024 in New York City.
Michael M. Santiago/Getty Images

"There are no other crimes," defense attorney Todd Blanche argued about the legal standard in the case -- that Trump falsified business records in furtherance of another crime. "There is no evidence that any one was thinking about a campaign finance charge in 2016 when this payment was made to Ms. Daniels."

"The prosecutors have talked in their opening statement and in papers about some sort of conspiracy to influence the election but as the court knows there has to be something illegal about this effort," Blanche said. "There's no evidence from any of the witnesses who testified of any criminal intent."

"There is no way that the court should let this case go to jury relying on Mr. Cohen's testimony," Blanche said "Without Mr. Cohen, there is no case."

Judge Merchan asked if Blanche was calling for him to rule that Cohen's testimony is "not credible as a matter of law."

"Absolutely, that's exactly what we're calling on the court to do," Blanche replied. "He testified, and he lied under oath -- in this courtroom."


GMA Newsletters

Sign up for our newsletters to get GMA delivered to your inbox every morning!

Up Next in news

PHOTO: Ryder Williams is pictured rescuing a swimmer at Seabright Beach in Santa Cruz, California, on July 25, 2026.

Hero teen lifeguard speaks out about viral rescue of 10-year-old boy

July 30, 2026
VIDEO: US launches new retaliatory strikes on Iran after attack on US forces

US launches new retaliatory strikes on Iran after attack on US forces

July 30, 2026
PHOTO: M5 brings exceptional performance and expanded AI capabilities to MacBook Air, the world’s most popular laptop.

How Apple's new leasing program works: Details

July 29, 2026

The latest lifestyle and entertainment news and inspiration for how to live your best life - all from Good Morning America.
  • Contests
  • Terms of Use
  • Privacy Policy
  • Do Not Sell My Info
  • Children’s Online Privacy Policy
  • Advertise with us
  • Your US State Privacy Rights
  • Interest-Based Ads
  • About Nielsen Measurement
  • Press
  • Feedback
  • Shop FAQs
  • ABC News
  • ABC
  • All Videos
  • All Topics
  • Sitemap
  • Recalls and Product Safety Alerts

© 2026 ABC News
  • Privacy Policy— 
  • Your US State Privacy Rights— 
  • Children's Online Privacy Policy— 
  • Interest-Based Ads— 
  • Terms of Use— 
  • Do Not Sell My Info— 
  • Contact Us— 
  • Recalls and Product Safety Alerts— 

© 2026 ABC News