Trump trial live updates: Defense rests without Trump taking the stand

Judge Merchan flatly told the defense that former President Trump could not make an advice-of-counsel argument.

The judge said the defense was being "disingenuous" by raising it now when Trump was given a deadline months ago to say whether he would invoke the defense that, in his conduct, he was relying on the advice of lawyers.

"It was concerning when notice was not given initially. It was concerning when the term was changed to 'presence of counsel.' I couldn't believe when I saw in your submission, 'involvement of counsel,'" Merchan told the defense regarding their efforts to advance that argument.

"My ruling is the jury will not hear that instruction from the bench, nor are you permitted to make that argument, period," Merchan said.

"I am not being disingenuous with Your Honor," defense attorney Emil Bove said before he attempted to argue in favor of the defense.

"You said that already, Mr. Bove," Merchan said. "This is an argument you have been advancing for many many months. ... It is denied. It is not going to happen."

Trump, at the defense table, scribbled a note and passed it to defense attorney Todd Blanche.

Following several exchanges focused on minute wording changes and dense legal arguments related to jury instructions, defense attorneys in Donald Trump's hush money case urged the judge to consider the "extraordinarily important" nature of the case when issuing his jury instructions.

The judge, Trump attorney Emil Bove argued, should use his discretion to urge jurors to reach "very specific findings" so that "it's very clear what happened at this trial."

"The importance of the case is not a basis for deviating from the standard instructions on the law," prosecutor Matthew Colangelo shot back.

Judge Juan M. Merchan sided with prosecutors, agreeing that it would be wrong to deviate from the standard instructions, even as he said he understood the defense's larger point.

"When you say it's a very important case, you're asking me to change the law and I'm not going to do that," Merchan said.

Prosecutors and defense lawyers in Donald Trump's hush money trial began delving into the matter of jury instructions Tuesday afternoon during a charging conference.

"Charging conferences" about jury instructions are often highly detailed, word-by-word discussions, and the one for Trump's trial was no different. The conference began with the defense asking to insert the word "willfully" at two points in a section of the instruction having to do with federal election law, and prosecutors saying it was unnecessary.

Speaking to reporters in the hallway outside the courtroom where his hush money trial is being held, Donald Trump did not address why he didn't testify in the trial.

With a charging conference set to take place this afternoon, Trump suggested that the judge could try to "manufacture" a crime.

"There is no crime. So maybe they'll try to devise one right now," he said. "The judge has been very helpful to the other side."

With a charging conference set to take place this afternoon, Trump suggested that the judge could try to "manufacture" a crime.