Summary

  • Donald Trump’s legal team have rested in the sixth week of his historic hush-money trial in New York

  • The jury has been sent home, and the lawyers are now discussing a range of complex legal issues with the judge

  • Closing arguments will begin on Tuesday, and then the jury will begin their deliberations

  • Trump is accused of trying to cover up a $130,000 hush-money payment to porn star Stormy Daniels, who claims they had sex

  • Trump has pleaded not guilty to 34 counts of falsifying business records, and denies having any sexual encounter with her

  1. Back and forth arguments for seemingly tiny detailspublished at 20:06 British Summer Time 21 May

    Kayla Epstein
    Reporting from court

    We've now turned to the matter of how to describe Michael Cohen in the jury instructions.

    Trump's lawyer has requested that Justice Merchan use the phrase “participated in a crime” and for the name “Cohen" to be used. Prosecutors want him to say, "Cohen participated in and was convicted of two crimes” and to use the phrase “the accomplice”.

    It might seem like they say the same thing. But, for legal reasons, the distinction does matter.

    We go back and forth for several minutes, and in the end, the judge makes a small edit - they’re going to change “participated in a crime” to “crimes”, plural.

    So many of these arguments are highly technical, but each possible adjustment or deviation opens doors in both teams' minds that could result in an unfavourable verdict.

  2. Judge gives court a crack at pronouncing obscure Latin wordpublished at 20:01 British Summer Time 21 May

    Madeline Halpert
    Reporting from New York

    Justice Merchan asks to remove an obscure Latin word "eleemosynary" from the instructions.

    He says he's read it hundreds of times and never knows how to pronounce it.

    "Anyone want to try?" he asks, prompting laughter in the courtroom.

    The word itself means charitable, supported by charity or not-for-profit.

  3. Both sides find few areas of agreement early onpublished at 19:54 British Summer Time 21 May

    Madeline Halpert
    Reporting from court

    We could be in for a long afternoon.

    Prosecutors and Donald Trump's lawyers seem to agree on very few sentences to be included in these jury instructions.

    The judge has so far sided with both teams, adding a sentence about the intent of the crime from both Trump's attorneys and prosecutors.

  4. The importance of 'intent' in this casepublished at 19:53 British Summer Time 21 May

    Madeline Halpert
    Reporting from court

    We're now debating how jurors will be instructed to consider the issue of "intent" behind the hush-money payment and reimbursement.

    The judge reads this section of the instructions, which says that Trump did not need to be motivated solely by his campaign to direct the payment.

    But whether he was motivated by his campaign will still prove key. Intent is at the core of prosecutors’ argument, and it will be essential to secure a felony conviction.

    To do that, they need to have convinced jurors that:

    1. Trump falsified business records
    2. It was, at least in part, done to aid his campaign
  5. Trump is back behind the defence table, but there's no jurypublished at 19:50 British Summer Time 21 May

    Madeline Halpert
    Reporting from court

    Trump at defence tableImage source, Getty Images

    Donald Trump is at his usual position: sitting back in his seat with his eyes occasionally closed as the legal teams carry out their arguments.

    As his lawyers pass him papers, he occasionally glances at them.

    Members of his entourage are still seated behind him in their red ties and blue suits.

    But unlike most of the past month, there is no jury sitting in the room with the former president.

  6. We're listening to a charging conference - here's what that meanspublished at 19:43 British Summer Time 21 May

    Kayla Epstein
    Reporting from court

    This afternoon, we will have what is known as a charging conference.

    Before he sends the jury out, Justice Merchan will give them detailed instructions on what evidence they may consider and how they may apply certain aspects of the law.

    Simply put, it will be these instructions that help shape their deliberations.

    Both parties are allowed to argue to the judge to include or exclude certain instructions.

    Right now, Trump's lawyers and prosecutors are both putting forward their proposals - and arguing against the other side's.

  7. Judge weighs in on Trump team's requestpublished at 19:41 British Summer Time 21 May

    Kayla Epstein
    Reporting from court

    Trump's team loses a bid to include specific language in Justice Merchan's instructions.

    They wanted him to tell the jury that at the time of the events, candidates were not limited in spending their own money on their campaigns.

    Emil Bove believes it would help reflect Trump's state of mind, but prosecutors argue it was "extraneous" to the case.

    Justice Merchan says Trump's defence could use it in their closing statements but didn't feel the instruction needed to come from the bench.

  8. Early debate centres around the word 'willfully'published at 19:37 British Summer Time 21 May

    Madeline Halpert
    Reporting from court

    We're starting this afternoon discussing whether the word "willfully" will be added in instructions to jurors in relation to the alleged violation of federal election laws.

    The defence wants that word in there, but prosecutors are objecting.

    Essentially, they are arguing about the intentions behind the allegations.

    Prosecutors say they don't want to burden the jury with "excessive verbiage".

  9. Lawyers argue about campaign fundraising lawpublished at 19:32 British Summer Time 21 May

    Kayla Epstein
    Reporting from court

    Trump's attorney Emil Bove and prosecutor Michael Colangelo are making arguments about how Justice Merchan can instruct the jury about how to apply the Federal Election Campaign Act (Feca) to this case.

    Feca refers to a federal law which regulates political campaign fundraising and spending.

    There are three possible crimes that prosecutors argue could relate to Feca.

    Several of Trump's supporters have also returned to the courtroom with him, including his son Donald Trump Jr and Republican Ronny Jackson.

  10. This court session will be importantpublished at 19:24 British Summer Time 21 May

    Madeline Halpert
    Reporting from court

    Prosecutors and Trump's legal team are starting the charging conference, where they will decide what instructions jurors will be given.

    It could be rather tedious, but important.

  11. Court prepares to resumepublished at 19:19 British Summer Time 21 May

    Kayla Epstein
    Reporting from court

    We're preparing to return to the courtroom, but reporters were held at the security gates longer than usual as we waited for Donald Trump to return.

    From the elevator bank, we could hear him speak for several minutes, his unmistakable accent echoing through the marble halls.

  12. Trump speaks in court hallwaypublished at 19:12 British Summer Time 21 May

    Donald Trump is back after a lengthy break in court proceedings.

    He's standing in the hallway outside the courtroom with his supporters directly behind him. Among them is his son, Don Jr.

    Trump says "there is no crime" and that be believes the case "should be dismissed".

    After criticising the judge and the trial, he then turns his attention to his political opponent, President Joe Biden.

    Trump speaks about high oil prices and the border, both two talking points his campaign has focused on.

  13. Fresh court sketch shows Costello on witness standpublished at 19:06 British Summer Time 21 May

    Robert Costello is cross examined by prosecutor Susan Hoffinger before Justice Juan Merchan, as former U.S. President Donald Trump watchesImage source, Reuters/Jane Rosenberg

    Today's court sketch, by Jane Rosenberg, shows Robert Costello being questioned by Susan Hoffinger, as Justice Merchan and Donald Trump watch on.

    Because no cameras are allowed inside the courtroom once proceedings begin, we have been relying on these court sketches every day for visuals.

  14. The likely upcoming court schedulepublished at 19:03 British Summer Time 21 May

    Phil McCausland
    Reporting from New York

    This case has had a hectic schedule to accomodate jurors and Trump's schedules - on top of various other complexities. So what does that mean for these final days of the trial?

    Here's the proposed schedule that Justice Merchan has shared verbally in court. A general warning here that the court has not always stuck to its previously proposed plans.

    This afternoon: Charging conference at 14:15 local time (19:15 BST) - both sides argue on final charges Trump will face

    Wednesday: No court - regular day off

    Thursday: No court - day off for jurors to ensure they deliberate immediately after closing statements next week. Charging conference could continue if more time needed

    Friday: No court - day off for juror's planned travel

    Monday: No court - day off for US holiday, Memorial Day

    Tuesday: Closing statements - both sides give final arguments to jurors

    Wednesday: Jury instruction and deliberation - Justice Merchan will instruct jurors about charges and evidence before they deliberate on the verdict. The judge has noted that this day could also be used to wrap up closing arguments if they run long

    Thursday: Jury deliberation and possible verdict

    Friday: Deliberation and possible verdict

  15. Trump supporter goes to new heightspublished at 18:43 British Summer Time 21 May

    Brandon Livesay
    Reporting from New York

    A plane flying a banner over New York

    I made the most of some sunshine - and this break in court to go for a stroll outside, and this is what I saw as soon as I looked up at the sky.

    A small plane is flying up and down the length of Manhattan above the Hudson River, towing a sign that reads: "PRESIDENT TRUMP DID NOTHING WRONG!"

    It's not the first time a plane has towed a pro-Trump banner during this trial.

    Back on 13 May I was eating lunch outside during a court break and saw a plane trailing a banner that read: "WHEN YOU INDICT HIM, YOU UNITE US. MAGA".

  16. What could we find out at the charging conference?published at 18:32 British Summer Time 21 May

    Madeline Halpert
    Reporting from court

    When court returns this afternoon, the trial will hold a charging conference - which could play a pivotal role in the end result of Trump’s trial.

    During the charging conference, each side will have the chance to ask for the judge to instruct jurors to consider “lesser offences” when they go off to deliberate.

    In Trump’s case, this would mean jurors would consider a misdemeanour - which comes with a maximum sentence of one year in prison - instead of a felony.

    That would require jurors to decide only whether Trump falsified business records, and not whether he did so to cover up another crime: to unlawfully influence the 2016 presidential election, as prosecutors allege.

    If neither side requests this, the judge can propose that jurors consider lesser charges. As long as there’s reasonable evidence to support this charge, the judge has to grant the request.

    “A judge can say ‘Look, I think there's a reasonable view of the evidence to show that Donald Trump committed the crime of falsifying business records, but not to hide another crime,” said Diane Kiesel, a former New York Supreme Court judge.

  17. Analysis

    The regular bench of Republicans in the Trump courtroompublished at 18:19 British Summer Time 21 May

    Anthony Zurcher
    BBC North America correspondent

    A group of Republican officials who attended the trial on TuesdayImage source, Getty Images

    The day Donald Trump’s legal team concluded its defence of the former president, another crowd of current and former Republican officeholders showed up to signal their support.

    It’s been an ongoing theme in these proceedings, as well-known and back-bench Republicans pop by for press conference to denounce the legal proceedings and make the kind of direct criticisms of prosecution witnesses that Trump, because of his judge-mandated gag order, cannot.

    US Senator Eric Schmitt of Missouri was there on Tuesday morning, along with six members of the House of Representatives. That included Ronnie Jackson of Texas, a former Navy admiral who served as White House physician when Trump was president.

    Matthew Whitaker, acting attorney general in the latter days of the Trump presidency, was also in attendance, as was long-time Trump advisor Sebastian Gorka.

    It wasn’t all blue-blazer clad politicians in the Trump crowd today, however. Chuck Zito, the former president of the Hell’s Angels motorcycle gang showed up, as did Saturday Night Live comedian-turned-bodybuilder-turned-conservative-commentator Joe Piscopo.

  18. Analysis

    Jury takes centre stage after weeks of witness testimonypublished at 17:50 British Summer Time 21 May

    Nada Tawfik
    Reporting from outside court

    Former US President Donald Trump sits in the courtroom as he arrives for his trial for allegedly covering up hush money payments at Manhattan Criminal Court on May 21, 2024 in New York City.Image source, Getty Images

    For more than five weeks now, Donald Trump’s trial has been all consuming for those covering and involved in the historic proceedings.

    There have been 22 witnesses in total who took to the stand, with plenty of dramatic moments.

    Every word and piece of evidence was dissected to assess how it might affect the case, but also Donald Trump’s image and the current race for the White House.

    And while jurors may be shielded from the spectacle outside, the scene around Lower Manhattan has added another dimension to the story of this case.

    Trump campaign surrogates have attacked the nation’s criminal justice system and small competing protests outside the courthouse have served as a reminder of just how divided America is a few months from the election.

    Now that this trial is winding down, everyone is anxious to see how it all ends.

    For all the noise, Trump’s fate in this trial will ultimately be decided by 12 New Yorkers who will be handed the case next week after closing arguments and jury instructions.

    We won’t know exactly what is said during their private deliberations.

    We will just have to wait and see what they decide.

  19. A flurry of Trump complaints after six weeks in courtpublished at 17:22 British Summer Time 21 May

    Phil McCausland
    Reporting from New York

    Trump outside courtroomImage source, Reuters

    We are in the sixth week of court, and Donald Trump has not been happy about it. He also hasn't hidden his displeasure from the public.

    He complained to the press again this morning that he can't campaign because he's trapped "sitting in an ice box" - a comment he has often made about the, at times, frigid courtroom.

    He also noted that the defence would soon rest, though he added that wouldn't be the case for him.

    “Resting 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.”

    Reporters also overheard the former president provide his large entourage a fresh and somewhat sunnier quip when entering the courtroom earlier today.

    "Another day in paradise," Trump said on the way to his seat.

  20. Cut through the noise with our US election newsletterpublished at 16:58 British Summer Time 21 May

    US Election Unspun BBC newsletter informationImage source, .

    Donald Trump’s hush-money case is only part of the legal and political drama playing out in a very busy election year.

    Sign up for our weekly newsletter, where our North America correspondent Anthony Zurcher will set out what you really need to know from the campaign trail, and help you see the bigger global picture.

    If you're in the UK, sign up here.

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