Former U.S. President Donald Trump sits in the courtroom during his hush money trial at Manhattan Criminal Court on May 21, 2024 in New York City. Attorney Robert Costello will be back on the stand in Trump's hush money trial with the defense expected to rest their case. Judge Juan Merchan says to expect summations and closing arguments in the criminal trial next week. Former U.S. President Trump faces 34 felony counts of falsifying business records in the first of his criminal cases to go to trial. (Michael M. Santiago/Getty Images)
The next day, Tuesday, May 28, the jury will hear closing arguments from Trump defense attorneys and New York prosecutors.
NY V TRUMP: JUDGE TO CONSIDER DEFENSE MOTION TO DISMISS AFTER PROSECUTION RESTS CASE
The jury is expected to deliberate starting either Tuesday afternoon or Wednesday after Memorial Day.
Manhattan District Attorney Alvin Bragg charged former President Trump with 34 counts of falsifying business records in the first degree.
Trump pleaded not guilty to all counts.
Prosecutors needed to prove beyond a reasonable doubt that Trump falsified those records to conceal a $130,000 payment to Stormy Daniels, a pornographic performer, in the lead-up to the 2016 election to silence her about an alleged affair with Trump in 2006.
The former president has maintained his innocence.
Trump defense attorneys made a second attempt to dismiss the case Monday, and said no evidence had been presented by the prosecution to connect the former president to any falsification of business records. Defense attorneys motioned for dismissal after Michael Cohen, Trump’s former attorney and the prosecution’s "star witness," finished his testimony.
Michael Cohen is questioned by prosecutor Susan Hoffinger on re-direct during former U.S. President Donald Trump's criminal trial in this courtroom sketch. (REUTERS/Jane Rosenberg )
But Trump defense attorney Todd Blanche asked for an immediate order of dismissal, saying there is "no evidence" that the filings or business records at the center of the case were false, that there are "absolutely no false business filings."
Blanche said there is no dispute that Cohen acted as a personal attorney for Trump in 2017 and that there is no evidence or intent by Trump to mislead, hide or falsify business records.
Blanche said there would be records of intent to defraud, if they existed, and that there were no other crimes being covered up. He said there was no evidence of anyone thinking of a campaign finance charge when the payment was made to Stormy Daniels or when Cohen and then-Trump Organization CFO Allen Weisselberg developed the repayment plan.
Lawyers meet with Justice Juan Merchan during former U.S. President Donald Trump's criminal trial in this courtroom sketch. (REUTERS/Jane Rosenberg )
"There is no way the court should let this case go to the jury with Mr. Cohen’s testimony," Blanche said, adding that Cohen has lied under oath in the past and during the current criminal trial in Merchan’s courtroom.
Merchan asked Blanche if he should "find Mr. Cohen not credible by a matter of law," to which Blanche said "yes."
COHEN'S BOMBSHELL ADMISSION COULD LEAD TO HUNG JURY, IF NOT ACQUITTAL: EXPERT
"So, you want me to take it out of the jury’s hands?" Merchan asked, with Blanche responding that Cohen’s entire testimony should not be considered by the jury.
Merchan told Blanche that if Cohen’s "lies" were "irrefutable," then he would be able to convince the jury of that.
The prosecution then argued that under the New York state falsifying business records statute, anyone "causing" the falsified records can be punished.
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"As a matter of law, it is sufficient, more than sufficient, that the defendant set in motion the sequence of events leading to the falsification of business records," prosecutor Matthew Colangelo argued.
Merchan said he would reserve a ruling on whether to dismiss the case before the jury can deliberate.
Trump, on Tuesday, spoke to reporters outside the courtroom, saying his defense team has already essentially "won" the case. Trump said Merchan should side "decisively" against Bragg.
"Any other judge would have thrown this case out," Trump said.
Brooke Singman is a political correspondent and reporter for Fox News Digital, Fox News Channel and FOX Business.
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