Defense lawyer says there's no evidence Brazil’s Bolsonaro tried to carry out a coup

BRASILIA, Brazil (AP) — Lawyers for Brazil’s former President Jair Bolsonaro said in a last-ditch effort to defend him in court Wednesday that there is no evidence he attempted to carry out a coup.

On the second day of the verdict and sentencing phase of Bolsonaro’s coup trial, lawyer Celso Vilardi said that even if his client is accused of involvement in planning a coup — something which the defense doesn’t concede -- he never went forward with attempting the crime, and therefore shouldn't be punished. Vilardi said his position is supported by the fact that Bolsonaro ordered a transition of power after the 2022 presidential election.

The right-wing ex-leader is accused of attempting a coup to stay in power despite his defeat in the October 2022 vote to current President Luiz Inácio Lula da Silva. Bolsonaro denies wrongdoing, and has repeatedly said the trial is a politically motivated attack.

Prosecutors have pointed to evidence that Bolsonaro assembled top Cabinet and military officials to discuss issuing an emergency decree aimed at suspending the election outcome in order to investigate alleged voting fraud.

But the defense has noted that the decree was never issued.

“The planning is not the execution. No matter how detailed the planning may be, it is the act of violence that actually consummates the crime,” Vilardi told justices of the Supreme Court panel hearing the case in televised proceedings. “Bolsonaro ordered a transition.”

Bolsonaro ”did not act against the democratic rule of law,” Vilardi said.

Brazil's criminal code says that the crime of a coup occurs when a civil or military public official “attempts to overthrow the established government or prevent the functioning of constitutional institutions.”

Bolsonaro is under house arrest and was not present at the court on Wednesday, nor on Tuesday when the trial's verdict and sentencing phase started. The court panel has scheduled sessions on five days through Sept. 12 to decide whether Bolsonaro is guilty.

The case is presided over by Justice Alexandre de Moraes, who is considered by Bolsonaro to be a political foe and who has been sanctioned by the administration of U.S. President Donald Trump, who has called the case against Bolsonaro a “witchhunt.”

Trump also has directly tied a 50% tariff on Brazilian goods to his ally’s judicial situation.

De Moraes took an indirect swipe against Trump on Tuesday when he said Brazil's Supreme Court must ignore external pressure.

Bolsonaro is charged with five counts: attempting to stage a coup, involvement in an armed criminal organization, attempted violent abolition of the democratic rule of law and two counts involving destruction of state property.

A guilty verdict on the coup plot charge alone carries a sentence of up to 12 years.

On Tuesday, Gonet said the plan to keep Bolsonaro in power also involved several other elements, including previous efforts to sow doubt in Brazil’s electronic voting system and a riot by Bolsonaro supporters on Jan. 8, 2023, after Lula was inaugurated.

Prosecutors also have alleged that the plot included plans to kill Lula and de Moraes that were code-named “the green and yellow dagger” by Bolsonaro associates.

“There is not a single piece of evidence linking the president to the green and yellow dagger plan,” Vilardi said on Wednesday.

Paulo Cunha Bueno, Bolsonaro's other lawyer, said the former leader's actions weren’t violent, and that convicting Bolsonaro would amount to “punishing the attempt of an attempt.”

Seven other close allies of Bolsonaro are being tried alongside the former president, including Walter Braga Netto, his former running mate and defense minister, and Paulo Sérgio Nogueira, another former defense minister.

Brazil’s top electoral court has already banned Bolsonaro from running in elections until 2030 over abuse of power while in office and for casting unfounded doubts on the country’s electronic voting system.

During the coup trial, the prosecution presented handwritten notes, digital files, message exchanges, and spreadsheets that they said were evidence of the conspiracy to keep Bolsonaro in power.

The prosecution finished presenting its case in July and the defense wrapped up its arguments mid-August.

Experts have labeled Bolsonaro’s trial as ‘historic’ and highlighted that it’s the first time high-ranking officials accused of an attempted coup are being subjected to a criminal trial.

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Hughes reported from Rio de Janeiro. Gabriela Sá Pessoa contributed to this report from Sao Paulo.

Police stand outside the Supreme Court during the verdict and sentencing phase of a trial for those charged in an alleged coup plot to keep Brazil's former President Jair Bolsonaro in office after his 2022 election defeat, in Brasilia, Brazil, Wednesday, Sept. 3, 2025. (AP Photo/Eraldo Peres)

Lawyer for Gen. Augusto Heleno, who was the Minister of the Institutional Security Cabinet under Brazil's former President Jair Bolsonaro, left, speaks before Supreme Court Justice Cristiano Zanin, chairman of the panel, during the verdict and sentencing phase of a Supreme Court trial for those charged in an alleged coup plot to keep Bolsonaro in office after his 2022 election defeat, in Brasilia, Brazil, Wednesday, Sept. 3, 2025. (AP Photo/Eraldo Peres)

Supreme Court Justice Alexandre de Moraes gestures during the verdict and sentencing phase of a trial for those charged in an alleged coup plot to keep Brazil's former President Jair Bolsonaro in office after his 2022 election defeat, in Brasilia, Brazil, Wednesday, Sept. 3, 2025. (AP Photo/Eraldo Peres)

Celso Vilardi, a lawyer for Brazil's former President Jair Bolsonaro, arrives for the verdict and sentencing phase of Bolsonaro's Supreme Court trial for allegedly leading a coup plot to keep him in office after his 2022 election defeat in Brasília, Brazil, Wednesday, Sept. 3, 2025. (AP Photo/Eraldo Peres)

The Brazilian Supreme Court holds the verdict and sentencing phase of a trial for those charged in an alleged coup plot to keep Brazil's former President Jair Bolsonaro in office after his 2022 election defeat, in Brasilia, Brazil, Wednesday, Sept. 3, 2025. (AP Photo/Eraldo Peres)

SAN FRANCISCO (AP) — Coach Steve Kerr spoke with Warriors forward Jonathan Kuminga during the morning shootaround Thursday about the player's situation being out of the rotation for more than a month now with expectations he will be traded before the deadline next month.

“We talked this morning and that’s all private,” Kerr said. “I will keep coaching him, he’ll be part of the team, he’ll be here. It is what it is.”

Kerr discounted any issues between them as being reason Kuminga has reportedly requested a trade from the team after not being used in the last 14 games since Dec. 18 and 17 of 18 — though he has been listed as injured for nine games this season.

“Our relationship is fine,” Kerr said before Golden State's 126-113 win over the New York Knicks. “There's not a whole lot I can say about the other stuff. It is what it is, difficult situation for everybody and part of this league, part of the job. We just keep moving forward.”

Kuminga has been training much of the time on his own, shooting on the Warriors’ practice floor out of the eyes of fans at Chase Center. He wears a black hood over his head on the end of the bench during games. Perhaps Kuminga and the Warriors weren't a great fit from Day 1 — not that it's his fault — and he might be eager to leave and start fresh elsewhere. If so, the Golden State brass might want to make sure he doesn't get hurt before trying to trade him.

Yet nobody has taken issue with his work ethic, at least not publicly. Kuminga, selected seventh overall in the 2021 draft, has been known to stay long after games shooting on the arena's main floor.

“It’s not a distraction at all. It’s a very unique situation but our job is just to keep playing, keep winning, it’ll resolve itself one way or the other,” Stephen Curry said.

The 23-year-old from the Democratic Republic of the Congo has appeared in just 18 games total with 13 starts, averaging 11.8 points, 6.2 rebounds and 2.6 assists.

On Sept. 30, he agreed to a two-year contract that could be worth up to $46.5 million if the team were to exercise its option for 2026-27. Kuminga had had a $7.9 million qualifying offer in hand since June 29 but was also weighing other options and he missed media day.

He has long had the support and confidence of teammates — like Jimmy Butler saying he has been having Kuminga over and continuing to encourage him.

“We love JK in this locker room, that's not going to change,” Butler said postgame. “If he happens to not be in here, we'll still rock with JK. I speak for everybody. We love the guy. I wish him the best here, I wish him the best wherever. It doesn't change. We don't listen to the noise, I hope he don't listen to the noise he keep coming here with a smile doing what he's supposed to do and being the ultimate pro.”

Kuminga missed much of last season with a right ankle injury. He averaged 15.3 points, 4.6 rebounds and 2.2 assists in 24.3 minutes over 47 games with 10 starts. He also scored 15.3 points per game over eight playoff games while shooting 48.4% from the floor and making 40% of his 3-point attempts. That included a career-best 30-point performance in Game 3 of the Western Conference semifinals against the Minnesota Timberwolves.

Kerr said the uncertainty around Kuminga's future “won't be a distraction.”

“Jonathan's a great young guy, his teammates like him,” Kerr said. "He's handling himself well.”

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Golden State Warriors forward Jonathan Kuminga, middle, sits near the team bench during the first half of an NBA basketball game against the New York Knicks in San Francisco, Thursday, Jan. 15, 2026. (AP Photo/Jeff Chiu)

Golden State Warriors forward Jonathan Kuminga (1) and Utah Jazz center Oscar Tshiebwe (34) swap jerseys after the Warriors defeat the Jazz during an NBA basketball game, Saturday, Jan. 3, 2026, in San Francisco. (AP Photo/Justine Willard)