Trump shakes his head in anger as judge rips his ‘disingenuous’ lawyer for trying to make argument about Michael Cohen that was already rejected: ‘My answer hasn’t changed’

Donald Trump shook his head disapprovingly as the judge in the hush money trial criticized his lawyer for being “dishonest” during a crucial hearing over instructions to be given to the jury.

Attorney Emil Bove tried to claim that the former president was advised by Michael Cohen in his capacity as an attorney while he negotiated an agreement to keep Stormy Daniels quiet before the election.

This would give the defense the right to argue to the jury that Trump relied on the advice of counsel.

But Judge Juan Merchan was angry with Bove, telling him to stay put and chastising him for trying to bring back an argument the defense has been trying to make for weeks.

The discussion took place during a tense hearing as Merchan considered the instructions that will be read to the 12 jurors who will decide Trump’s fate.

In a victory for Trump, Merchan said he would tell the panel to treat Trump fairly during their deliberations.

The instruction was outside the normal language of charging the jury as a concession to the defense.

But there was another tense exchange in the courtroom before the trial was adjourned until next Tuesday, when closing arguments will begin.

Bove tried to argue that Trump could conclude that the porn star’s hush-hush agreement was “legally controlled” when Cohen told the then-Republican candidate that it was “bulletproof.”

He added that National Enquirer publisher David Pecker’s testimony that he sought a lawyer during the hush money talks “opened the door” to using the argument again.

But a frustrated Merchan slammed Bove for already speaking out against the strategy.

Bove then tried to get up, but Merchan intervened.

‘Don’t get up. I let you speak, let me speak,” Merchan said. “It was concerning when no notice was given in response to my February 7 order

“It is concerning when the term was changed in the presence of counsel. I couldn’t believe it when I saw it again.

“I say to you that my judgment is that the jury will not hear that instruction from the court, and you should not make that argument either. Period of time.’

Bove hit back by insisting that he was not disingenuous and that he did not change the “substance” of the argument the defense was trying to make.

“You already said that, Mr. Bove,” Merchan said.

“But then you called me disingenuous,” Bove said.

Merchan then stopped Bove by saying, “This is an argument you’ve been making for many months. It is denied. It’s not going to happen. Please don’t increase it

Known as an arraignment conference, both sides address the judge as to how the jury should be charged or instructed.

Wording plays a key role in how the jury deliberates and experts believe they can win or lose a case.

For more than an hour, Trump’s lawyers and lawyers for the Manhattan district attorney debated the details of the text, in some cases down to a few words.

Trump’s lawyer Emil Bove told the court that an instruction on “bias against President Trump is appropriate.”

Prosecutor John Steinglass said the issue was raised during jury selection and the jury’s standard charge talks about failing to give the defendant sympathy and bias.

If the judge wanted to give such an instruction, he should use “more neutral language,” as the prosecutor suggested, Steinglass said.

Judge Merchan said this was ‘not an instruction normally given’ and there were several entries in the standard jury charge regarding fairness.

He said, ‘Since the (prosecutors) agree to an edited version, I will go ahead and record this, the (prosecution’s) version.’

In a major clash over federal election law, prosecutors allege Trump was part of an illegal conspiracy to “corrupt” the 2016 election by paying Stormy Daniels $130,000 in hush money days before the vote.

The court heard that Trump wanted to add the word “intentionally” to the language in two places.

According to Bove, a civil case cannot be the underlying crime for falsifying corporate documents.

It had to be criminal and Trump had to have done it deliberately, he said.

According to Bove, without the language, it “could put President Trump in a position where this jury could convict him based on a flawed finding of some intent to conceal a civil conspiracy.”

“That is a very serious concern for us,” he said.

Bove said it was “critically important” that the jury understood this and said the issue was “a big issue for us.”

Prosecutor Matthew Colangelo said willfulness was “not required.”

He said: ‘Breach of electoral law occurs when two or more people conspire to unlawfully promote elections for public office.’

According to Colangelo, the ‘plain meaning means violation of the law’

Judge Merchan said he would reserve a decision on this point.

Prosecutors also sought a more expansive definition of intent, a key issue in the case.

Bove said there was a danger that the jury would convict on the idea that Trump caused someone to do something and they caused someone else to do something.

According to Bove, this ‘doubles the concept of additional liability’

Colangelo called it an “extremely important” point and said his request was “taken directly from case law.”

Judge Merchan reserved his decision

The judge said he was “particularly concerned” by a defense request to add language requiring the jury to find that Trump had two separate intentions.

There would be intent to defraud and intent to conceal another offence, the court heard.

Colangelo said there was “nothing in the statute about two separate intentions” and that adding the language would “rewrite the statute.”

Judge Merchan agreed and denied the request.

Another problem was the use of the word accomplice.

The defense wanted Cohen mentioned by name in the context of Trump’s participation in a crime.

Prosecutors wanted to include the word “accomplice” and argue that Trump should be found guilty of participating in two crimes.

Judge Merchan said he was concerned about “playing with fire” by talking about Cohen’s convictions.

The judge said prosecutors could not say that just because Cohen was found guilty “it is more likely than not that Trump is also guilty.”

After five minutes of back and forth, Judge Merchan decided to change the word “crime” in the sentence at issue to “crimes.”

The judge rejected a defense request to direct the jury to reach an agreement on the illegal means Trump executed – normally juries are not required to do so.

Bove claimed that the unusual measure was justified because it involved an “extremely important matter.”

Judge Merchan denied the request.

He said: ‘What you are asking me to do is to change the law and I am not going to do that’.

Trump denies 34 cases of falsifying company data.

Due to scheduling issues and the Memorial Day weekend, the jury has been sent home until Tuesday, when closing arguments will take place.

Afterwards, Judge Merchan is expected to indict the jury, a process that will last about an hour, followed by the start of deliberations.