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Donald Trump is anticipated in New York this week for his ongoing $250 million civil fraud trial — even as his confidant-turned-critic Michael Cohen delayed his expected testimony in the case.

One of the former president’s attorneys, Christopher Kise, confirmed to a judge that Trump, 77, was still slated to appear Tuesday in the lower Manhattan courtroom – as the third week of trial against his client kicked off on Monday morning.

“We don’t have a medical excuse, he’ll be here tomorrow,” Kise said of Trump — in an apparent dig at Cohen, who said on Friday he had to postpone his testimony due to a medical condition.

The attorney also blasted Cohen for going after Trump on social media during his apparent medical episode.

“He does continue to be active on social media,” Kise told the judge of Cohen. “I know you can do that from a hospital bed… but he does continue to be active in pursuit of my client.”

As trial kicked off earlier Monday, Manhattan Supreme Court Justice Arthur Engoron noted the week’s schedule was “somewhat up in the air” and acknowledged Trump’s anticipated return to the courtroom, joking that for now, the attorneys would have to argue to an empty chair.

“It won’t be empty tomorrow,” Kise quipped in response, according to a report by ABC News.


  Donald Trump is still planning to come to a Manhattan courthouse Tuesday even if Michael Cohen doesn’t testify, his lawyer indicated in court. John Lamparski/NurPhoto/Shutterstock Donald Trump is still planning to come to a Manhattan courthouse Tuesday even if Michael Cohen doesn’t testify, his lawyer indicated in court. John Lamparski/NurPhoto/Shutterstock

The former president’s appearance had been expected to coincide with testimony from Cohen — his onetime personal attorney and “fixer” — who was originally expected to take the stand Tuesday before he said he wouldn’t be able to make it to court due to a pre-existing medical condition.

“Unfortunately, I need to attend to a pre-existing medical condition that impedes my ability to testify this upcoming week,” Cohen said on X Friday.

“I’m not bowing out. I’m not nervous to testify. I’m not being paid off. I have a medical issue that I need to attend to. It’s as simple as that,” he later added.


  Cohen, Trump’s former personal attorney and “fixer” had been expected to testify Tuesday but said he had to delay for medical reasons. REUTERS Cohen, Trump’s former personal attorney and “fixer” had been expected to testify Tuesday but said he had to delay for medical reasons. REUTERS

Cohen — who is a key witness in New York Attorney General Letitia James’ case against Trump — told ABC he looked “forward to testifying and correcting the record as to the multiple misstatements and responses by previous witnesses.”

Later Monday, Engoron clarified scheduling, saying: “The earliest Michael Cohen will testify, subject to a doctor’s note, will be a week from today,” meaning Oct. 23.

Trump appeared for the first three days of trial two weeks ago, when protesters showed up in force and even blocked the street outside the courthouse.


  Trump attended the first three days of the civil fraud trial but hasn’t been in court since.
 Trump attended the first three days of the civil fraud trial but hasn’t been in court since.

The 2024 GOP front-runner took every opportunity in front of the press cameras to blast the case, the AG, the judge and even the judge’s clerk — prompting Engoron to hit Trump with a partial gag order.

The former commander-in-chief and three of his children, Ivanka, Eric and Donald Trump Jr., are all also listed on the AG’s list of witnesses and could testify later in the trial — which is expected to last through December.

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