Merchan tells prosecutors to ask Cohen not to make statements about Trump or the case

Michael Cohen set to testify at Trump hush money trial Monday

By CNN's Kara Scannell, Lauren Del Valle and Jeremy Herb in the courthouse

Updated 4:30 p.m. ET, May 10, 2024
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1:11 p.m. ET, May 10, 2024

Merchan tells prosecutors to ask Cohen not to make statements about Trump or the case

Judge Juan Merchan says that he would "direct the people to communicate to Mr. (Michael) Cohen that the judge is asking him to refrain from making any more statements" about this case or Trump.

Merchan tells prosecutors to inform him this is coming from the bench.

1:10 p.m. ET, May 10, 2024

Prosecutors say they've "repeatedly" asked their witnesses to not talk about the case

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."

1:07 p.m. ET, May 10, 2024

Defense attorney asks judge to put gag order on Cohen

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.

1:33 p.m. ET, May 10, 2024

Judge Merchan suggests bringing Weisselberg to take the stand outside the presence of jury

Judge Juan Merchan suggests former Trump Organization CFO Allen Weisselberg could be brought in 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.

The judge said he would like to know that Weisselberg won't testify even if compelled before he can rule on whether the severance agreement is admissible under the rules of evidence.

1:03 p.m. ET, May 10, 2024

Prosecutor says they have not attempted to compel Weisselberg's testimony

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.

1:00 p.m. ET, May 10, 2024

Bove says they'll likely need an instruction for the jury about uncalled witnesses on both sides

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."

1:33 p.m. ET, May 10, 2024

Defense objects to prosecution's request to submit Weisselberg's Trump Org. severance agreement into evidence

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.

12:50 p.m. ET, May 10, 2024

It's "entirely possible" that the prosecution will rest by the end of next week, Steinglass says

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."

12:50 p.m. ET, May 10, 2024

The key points from Jaden Jarmel-Schneider's testimony: Introducing phone and business records

From CNN's Eric Levenson

Jaden Jarmel-Schneider, another paralegal in the Manhattan District Attorney’s office, testified Friday to introduce phone records and business records in the case.

He prepared a summary report to show which phone numbers were associated with which people and where the phone numbers show up in evidence. The report shows the times in both ET and UTC, who the call was from and who it was to and the duration of the call.

His report includes calls between Michael Cohen and Dylan Howard, Cohen and David Pecker, Cohen and Keith Schiller, and Cohen and Allen Weisselberg.

Further, Jarmel-Schneider introduced into evidence a summary chart of the 11 invoices, 12 vouchers and 11 checks that make up the 34 business records prosecutors allege were falsified. Trump has pleaded not guilty to all 34 charges.

On cross-examination, he acknowledged that some call records were removed from the summary report. On redirect, he explained why: “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."