Judge Juan Merchan delivered a brutal jab at Donald Trump’s lawyers in front of the former president Thursday afternoon as he denied their request for a mistrial in the hush money case.
It was the defense’s second motion for a mistrial this week following scandalous testimony from porn star Stormy Daniels about her alleged sexual encounter with Trump.
In his call for a mistrial, attorney Todd Blanche cited Stormy Daniels’ testimony “extremely prejudicial” and noted that even the judge agreed that some of the testimony was “unnecessary.”
“It’s almost unbelievable that we are here in connection with a dossier case and that the government is asking about an incident that took place in 2006,” Blanche argued, referring to Daniels’ testimony Tuesday about rolling up a magazine and thus beating Trump for almost twenty years. past.
Donald Trump speaks with his lawyer Todd Blanche after court on Thursday, May 9
Stormy Daniels leaves Manhattan Criminal Court after her second day of testimony
A sketch of Judge Juan Merchan in court on May 9 as Susan Necheles cross-examined Stormy Daniels
Blanche also said that prosecutors who asked Daniels about the porn company where she worked required condoms for all of its performers, and that Daniels testified that Trump was not wearing a condom during their meeting “a dog whistle for rape.”
Prosecutor Joshua Steinglass rejected the argument that Daniels changed her story, claiming it was well documented. He also argued that the defense had an opportunity to explore inconsistencies with their cross-examination by defense attorney Susan Necheles.
Steinglass claimed that details of Daniels’ testimony were essential for the jury to analyze her credibility.
Stormy Daniels with her lawyer in the witness room. She testified for two days in Trump’s hush money case
Judge Merchan attacked defense attorneys as he delivered his decision to deny the motion for a mistrial.
He said he reviewed the transcript of the testimony and made sure no one had violated his guidelines for questioning the witness. He said he was pleased with his review, but he didn’t stop there.
Merchan has emphasized that Blanche had denied in his opening statement that a sexual encounter had ever taken place between Trump and Daniels, and by bringing this up Blanche had put the jury in a position of having to choose who to believe.
The judge essentially blamed the defense, saying that the more Daniels could provide specific details about the encounter, the more the jury could weigh whether to give her credit.
Merchan agreed that some details of Daniels’ testimony did not need to come out and specifically referenced her claim that Trump did not wear a condom, but he criticized Trump’s lawyers for not objecting.
“Why on earth she wouldn’t object to the mention of a condom is beyond me,” Merchan said of Necheles.
Donald Trump and his lawyer Susan Necheles return from a break at the courthouse
Susan Necheles questions Stormy Daniels on the witness stand on May 9
Sketch of Trump looking on as Necheles cross-examines Daniels
Before denying the mistrial motion, Merchan also denied the defense’s motion to modify the gag order.
Blanche had opposed the gag order in light of Daniels’ testimony stating that Trump “needs an opportunity to respond to the American people.” He noted that Daniels was no longer a witness.
But prosecutor Chris Conroy argued that changing the silence order mid-trial would signal to future witnesses that they “could also be in danger.”
Merchan rejected the request to have Trump talk about Daniels.
“I’m not just concerned with protecting Ms. Daniels,” the judge said. “My concern is to protect the integrity of this proceeding as a whole.”
He pointed out that everyone sees what is happening and would see how witnesses who testified “are treated.”
“I can’t take your word for it that this won’t be an attack. That’s just not the track record,” Merchan told Blanche. He said Trump’s record “speaks for itself.”
Merchan said the reason there was a silence order preventing Trump from speaking about witnesses in the case was “because of the nature of these attacks, the vitriol.”
He said there were real, very threatening attacks on potential witnesses.
The judge noted that there were other people on Trump’s team who were allowed to speak publicly on behalf of the ex-president.