Trump trial: Judge, slamming defense, denies 2nd motion for mistrial – ABC News
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Defense attorneys had sought a mistrial based on Stormy Daniels’ testimony.
Trump Organization bookkeeper testifies in Trump hush money trial
Former President Donald Trump is on trial in New York City, where he is facing felony charges related to a 2016 hush money payment to adult film actress Stormy Daniels. It marks the first time in history that a former U.S. president has been tried on criminal charges.
Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records in connection with a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.
READ MORE: Here’s what you need to know about the historic case.
Judge Juan Merchan dismissed court for the day following the late hearing.
Trump, speaking to reporters on his way out of the courtroom, railed against the judge.
“Everybody saw what happened today — I don’t think we have to do any expert explaining,” Trump said. “I’m not allowed to anyway because this judge is corrupt,” he said, criticizing Merchan — who is not protected by the limited gag order in the case.
“I got to get back on the campaign trail. I’m not supposed to be here. We are so innocent,” Trump said.
-ABC News’ Kelsey Walsh and Mike Pappano
Merchan took defense attorney Susan Necheles to task for her failure to object to a line of inquiry about whether or not Donald Trump used a condom during his alleged encounter with Stormy Daniels.
“For the life of me, I don’t know why Ms. Necheles didn’t object,” the judge said.
Merchan emphasized that Daniels testimony was necessary because Trump’s lawyers continue to deny the encounter occurred.
“That pits your client’s words against Ms. Daniels’ word,” the judge said.
“These details add a sense of credibility if the jury chooses to believe them,” Merchan said. “Your motion for a mistrial is denied.”
Assistant District Attorney Joshua Steinglass heavily pushed back on defense attorney Todd Blanche’s motion for a mistrial based on Stormy Daniels’ detailed and explicit testimony.
“It has always been the people’s contention that the details in this case — details of the two-hour conversation that Ms. Daniels had with the defendant in the living room and the dinner room of his hotel room in Harrah’s — corroborate her account,” Steinglass said.
“They corroborate that the sex happened, which is motivation to silence her,” he said.
Steinglass argued that defense lawyers cannot attack Daniels’ credibility in their opening statement, then move for a mistrial after the state thoroughly questioned Daniels to develop her credibility with the jury.
“They’re trying to have their cake and eat it too,” Steinglass said.
Steinglass also argued that the condom testimony was permissible because Trump, according to Daniels, asked her a series of questions about protection and STDs in the adult film industry during their conversation in Trump’s suite.
“Mr. Trump asked a lot of questions about the testing in the adult film industry,” Steinglass said. “The reason that is relevant is because it explains his decision not to wear a condom.”
“You know who knew what happened in that room? Mr. Trump knew,” Steinglass said. “That was Mr. Trump’s motive to silence this woman in 2016.”
Trump has been sitting with his arms crossed, staring at Merchan, during the hearing.
In the defense’s motion for a mistrial, defense attorney Todd Blanche argued that prosecutors went too far with their questions during Stormy Daniels’ direct examination.
“What proceeded to happen was a whole host of questions that went way beyond the mere fact that it happened,” Blanche said.
“It almost defies belief we are here about a records case,” Blanche said. “This is not a case about sex.”
“The nondisclosure agreement was entered. Whether it happened or not has nothing to do with the charges in this case,” he argued.
Blanche specifically argued that Daniels’ testimony about Trump not using a condom during the alleged encounter was prejudicial to the jury.
“It’s a dog whistle for rape,” Blanche said.