Trump trial live updates: Drama sweeps courtroom as defense tries to get case tossed

Robert Costello, a former federal prosecutor in New York, is relevant to Donald Trump's hush money case due to his role as a Michael Cohen antagonist and critic in the years since their professional relationship splintered.

Costello had offered to represent Cohen soon after the lawyer's hotel room, office and home were raided by the FBI in 2018 and as he faced a decision about whether to remain defiant in the face of a criminal investigation or to cooperate with investigators in hopes of securing more lenient treatment.

During Cohen's testimony last week, prosecutors presented correspondence showing that Costello boasted about his closeness at the time with Trump ally Rudy Giuliani - a relationship he suggested could be beneficial to Cohen - and reassured him that he was "loved" inside the White House. In presenting those messages to the jury, prosecutors hoped to prove that Costello's outreach was designed to keep Cohen in the Trump fold and to discourage him from flipping on Trump.

But Cohen ultimately did exactly that, pleading guilty to federal crimes and implicating Trump. Costello in the years since has repeatedly maligned Cohen's credibility and was even a witness before last year's grand jury that indicted Trump, offering testimony designed to undermine his account.

Attorney Robert Costello was called to the witness stand in Donald Trump's hush money trial Monday afternoon.

Before he took the stand, Judge Juan M. Merchan ruled that he would allow the defense to question him about two allegedly inconsistent statements in Michael Cohen's testimony and to "offer some rebuttal" to his testimony.

But, Merchan said, he won't allow the questioning to become a "trial within a trial" as to whether there was a pressure campaign and how it affected Cohen.

The judge said he would give Trump lawyer Emil Bove "some latitude to explore the pressure campaign so you can explore some inconsistencies."

On cross-examination, prosecutor Becky Mangold quizzed defense witness Daniel Sitko about the technical process for putting together the summary chart from cell phone records.

The defense attempted to show through the call summary that Cohen and his then-attorney Robert Costello spoke 75 times. On cross-examination, the defense paralegal conceded it wasn't quite that many.

After Sitko stepped off the witness stand, the defense called Robert Costello himself.

Earlier, the defense called Daniel Sitco, a paralegal for defense attrney Todd Blanche.

Sitko introduced a summary chart of phone calls between Michael Cohen, his one-time attorney Costello, and the law firm of Davidoff Hutcher & Citron.

Defense attorney Todd Blanche, on redirect examination, asked Michael Cohen about the photograph of Trump and bodyguard Keith Schiller together on Oct. 24, 2016, at 7:57 p.m.

"Your testimony is still, just so I understand, is in that 90 seconds you spoke to Mr. Schiller about the problem you were having with the 14-year-old, got him to agree to take care of it," and also had time to talk to speak about Daniels to Trump.

Cohen stood by his testimony.

Cohen also testified again that his $420,000 payment in 2017 was a reimbursement, not a payment for legal services.

"It was a reimbursement -- it wasn't a payment for your services?" Blanche asked.

"Correct," Cohen said.

Blanche attempted to cast doubt on that claim by highlighting Trump's frugality.

"Did he overpay for things regularly?" Blanche asked.

"No, sir," Cohen said.

Cohen then concluded his testimony and the state rested its case.

"Your honor, the People rest," Steinglass said.