The criminal hush money trial against former President Donald Trump became heated Monday afternoon after a fight between Judge Juan Merchan and defense witness Robert Costello cleared the courtroom.
Costello, a former legal adviser to Michael Cohen, was repeatedly frustrated while on the witness stand, according to Newsweek's Katherine Fung reporting from the Manhattan courtroom.
After a sustained objection, Costello said loudly, "Jeez!" Merchan was then heard responding, "I'm sorry?"
After additional sustained objections, Costello blew "raspberries," according to Fung. Merchan then called for a break and asked jury to step out.
Merchan used the opportunity to discipline Costello.
"Mr. Costello... I'd like to discuss proper decorum in my courtroom. As a witness on the stand, if you don't like my ruling, you don't say 'jeez!' and then you don't say, 'strike it' because I'm the only one who can strike testimony in the court. If you don't like my ruling, you don't give my side eye or roll your eyes," Merchan warned the witness.
Costello said he understood, but then Merchan erupted and said, "Are you staring me down?!"
"Clear the courtroom" the judge then ordered, as media members in attendance were asked to leave and the closed-circuit television feed for overflow media was also turned off.
Context
Trump, the presumptive 2024 Republican presidential nominee, became the first former president in U.S. history to stand trial in a criminal case last month. Following an investigation by Manhattan District Attorney Alvin Bragg's office, Trump was indicted in March 2023 on charges of falsifying business records relating to hush money paid to adult film star Stormy Daniels by Cohen during his 2016 presidential campaign. Daniels had alleged she had an affair with Trump in 2006, which he has denied. The former president has pleaded not guilty to all charges and said the case against him is politically motivated.
The prosecution rested its case Monday afternoon and Cohen, Trump's former lawyer and "fixer," left the stand after four grueling days of testifying.
Costello followed Daniel Sitko, a paralegal for Blanche Law, as the defense called its first and final two witnesses. Costello testified to the defense that Cohen talked about the payment to Daniels and that Trump knew "nothing" about it.
"Michael Cohen said numerous times that President Trump knew nothing about those payments," Costello said. "That he did this on his own. And he repeated that numerous times."
What We Know
With the jury out of the courtroom, the Bragg's office argued to Merchan that the defense is not entitled to elicit Costello's opinions about Cohen's credibility.
Trump attorney Emil Bove said Costello's testimony would rebut the government's argument that there was a "pressure campaign" from Trump.
After he was sworn in, Costello said he met Cohen at the Regency Hotel in Manhattan on April 17, 2018. He was accompanied by Jeff Citron who knew Cohen. He recalled Cohen telling them he had just been raided by the FBI. Costello said Cohen was "manic" and pacing around the room.
"I explained to Michael Cohen that this entire legal problem would be resolved by the end of the week if he had truthful information about Donald Trump and cooperated with SDNY," Costello said
Costello recalled Cohen making the same statement 10 to 12 times that day: "I swear to God, I don't have anything on Donald Trump."
Views
After Monday's hearing, Trump and his son, Eric Trump, took aim at Merchan over the exchanges with Costello.
"You saw what we saw," the former president told reporters, with papers in hand. "That was an incredible...I've never seen anything like it in my life. A tyrant. And everyone is talking about it."
Trump did not go into further details likely due to the gag order against him.
Meanwhile, Eric Trump called Merchan "disgraceful."
"The judge's treatment of Bob Costello is truly disgraceful - he will not allow him to tell his story - the same story he told Congress - as he knows it will be devastating and end this sham trial. This is not justice!" he wrote on X, formerly Twitter.
The judges treatment of Bob Costello is truly disgraceful - he will not allow him to tell his story - the same story he told Congress - as he knows it will be devastating and end this sham trial. This is not justice!
— Eric Trump (@EricTrump) May 20, 2024
Legal commentator Allison Gill said Monday afternoon that "Costello just wrecked this case for Trump."
"As I predicted he would. I feel like while he was brought in to pick apart Cohen's credibility, his behavior ruined his own credibility and probably bolstered Cohen's. As I said, if they call Costello, they'd regret it," Gill wrote on X under the account for the Mueller, She Wrote podcast.
Costello just wrecked this case for Trump. As I predicted he would. I feel like while he was brought in to pick apart Cohen's credibility, his behavior ruined his own credibility and probably bolstered Cohen's. As I said, if they call Costello, they'd regret it.
— Mueller, She Wrote (@MuellerSheWrote) May 20, 2024
What's Next?
Costello will return to the stand tomorrow. Prosecutor Susan Hoffinger said she has about 30 to 45 minutes left of cross-examination.
Update: 5/20/24, 5:45 p.m. ET: This article has been updated with additional information.
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
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