cnn update:
Defense attorney Emil Bove is challenging the evidence prosecutors are putting forward, asking paralegal Jaden Jarmel-Schneider about the deletion of some toll records between Keith Davidson and Michael Cohen after the defense submitted recordings between the two from 2018.
The paralegal has admitted that they’ve deleted some call records from the files. Bove also has Jarmel-Schneider confirm that some calls were removed from an exhibit of calls between Gina Rodriguez and Dylan Howard.
Bove said it was three-pages worth of records.
Jarmel-Schneider took issue with Bove characterizing it as a “significant” number but he did acknowledge some were removed.
“At this trial, you’re sort of the guardian of the toll records?” Bove asks.
“I don’t know if I’d say that, but if you say so,” Jarmel-Schneider responds.
Prosecutor Chris Conroy is asking Jaden Jarmel-Schneider about why the summary charts were shortened.
The paralegal said that the calls that were cut from the summary charts are still in evidence elsewhere. He said they were trimmed from the summary exhibit: “My understanding is the decision was always going to be that we would admit the part of the call summaries related to what had come out in trial.”
The prosecution just finished with witness testimony for today.
As Judge Juan Merchan read his lengthy instructions to the jury about avoiding news coverage and discussing the case, Trump was in a full conversation with Bove.
Merchan paused and said to them, “You done?”
They stopped talking and looked at him. Merchan then continued.
the jury has left.
Judge Juan Merchan is asking about scheduling.
“We expect to call two witnesses,” prosecutor Joshua Steinglass says. “And I think it’s entirely possible we will rest by the end of next week.”
Prosecutor Chris Conroy says they want to submit Allen Weisselberg’s severance agreement from the Trump Organization into evidence. The defense objects.
“He is an uncalled government witness,” Trump attorney Emil Bove says of Weisselberg, saying the prosecution’s theory is that he conspired with Cohen and gave instructions to McConney.
“Mr. Weisselberg’s absence from this trial is a very complicated issue,” Bove says.
Defense attorney Emil Bove said they’ll likely need an instruction for the jury about uncalled witnesses on both sides. It is unclear if Donald Trump will testify.
“Mr. (Allen) Weisselberg is in prison right now and not available to anyone,” Bove said.
Bove also said the severance agreement is unduly prejudicial. He argued there would be “undue prejudice” to the jury to admit the severance agreement, saying it’s “unduly confusing” because Weisselberg is in prison.
“If either side tried to call him he would likely invoke” his Fifth Amendment, Bove said.
“We don’t think it’s relevant that he entered into this agreement after the fact,” Bove also said.
Prosecutor Chris Conroy weighed in, saying, “What we are looking to do is explain from our perspective why he’s not here.”
"Mr. Weisselberg’s interest are “aligned with the defendant’s,” Conroy said.
The agreement includes provisions for Weisselberg not to disparage the company or its officers and employees, Conroy said.
Conroy said he imagines the defense will make arguments about “whether he should’ve been here and what him not being here means.”
Judge Juan Merchan asks if anyone has attempted to compel Allen Weisselberg’s testimony.
Prosecutor Chris Conroy says they have not.
“I think it would be helpful to me in making my decision, if I could see that some efforts were taken to compel his appearance,” Merchan says.
Trump attorney Todd Blanche is now moving on to ask that the judge put a gag order in place so Michael Cohen cannot speak publicly about the case.
Blanche points to the TikTok Cohen posted this week wearing a white T-shirt with a picture of Trump behind bars. He’s also asking for the judge to order the prosecution to instruct the witness not to talk about this case.
Cohen is expected to begin his testimony on Monday.
Judge Juan Merchan suggests prosecutors could bring in Former Trump Organization CFO Allen Weisselberg to take the stand outside the presence of the jury and see if he would testify or assert the Fifth Amendment.
“Right now, we’re speculating,” Merchan said.
Trump attorney Todd Blanche is now moving on to ask that the judge put a gag order in place so Michael Cohen cannot speak publicly about the case.
Blanche points to the TikTok Cohen posted this week wearing a white T-shirt with a picture of Trump behind bars. He’s also asking for the judge to order the prosecution to instruct the witness not to talk about this case.
Cohen is expected to begin his testimony on Monday.
Trump attorney Todd Blance is asking Judge Juan Merchan to order the prosecution to instruct Michael Cohen, who is expected to begin testifying Monday, not to talk about this case.
The defense team is asking “the court order the government to instruct the witness to not talk about President Trump or this case until the case is over,” Blanche says.
Prosecutor Joshua Steinglass responds saying they have “no control” over what witnesses do.
“We have repeatedly — repeatedly — asked the witnesses not to do that,” he says, adding prosecutors “have repeatedly instructed all of the witnesses in this case to the extent we have control over it.”
Trump has turned to leave, papers in hand.
When walking out, he motioned for Jeannine Pirro to follow him. She’s still sitting in her seat in the press gallery.
trump is doing his usual thing about the judge and gag orders.