Judge Reprimands Trump Witness Robert Costello in New York Trial

The judge in Donald Trump’s highly controversial hush money trial cleared the courtroom of media on Monday before threatening to dismiss the defense witness Robert Costello from the trial entirely due to his behavior on the stand.

Judge Juan M. Merchan reprimanded Robert Costello, a former federal prosecutor, for his conduct during testimony. Costello irritated Merchan repeatedly, in part by continuing to speak after objections were sustained, indicating to witnesses that they should stop talking. Costello muttered “jeez” when he was interrupted by an objection. He also labeled the entire exercise “ridiculous.”

The discussion occurred near the close of a heated day that saw the prosecution’s star witness admit to stealing tens of thousands of dollars from Trump’s firm. Trump’s lawyers also pushed Merchan to drop the case after prosecutors finished presenting evidence. The judge did not immediately rule on the request.

Robert Costello on Witness Stand

However, the most uncomfortable moments occurred with Costello on the witness stand. Merchan first led the jurors out of the courtroom to discuss basic decorum. He chastised Costello for saying “jeez” when cut off by a protracted argument and “strike it” at another point.

Merchan told him, “I am the only one who can strike testimony in court. “Do you understand that?”

“And then if you don’t like my ruling, you don’t give me side eye and you don’t roll your eyes.”

Merchan was about to call the jury back in when he asked Costello, “Are you staring me down right now?” and then ejected the press to further chastise him.

“I’m putting you on notice that your conduct is contemptuous,” Merchan said, according to a transcript of the conversation that took place after the reporters left the room. “If you try to stare me down one more time, I will remove you from the stand.”

Costello did not respond to a message seeking comment Monday night.

When Merchan called the reporters back in, Costello’s evidence continued, and it will resume on Tuesday. The defense is using him to undermine the credibility of Trump’s former attorney and rival, Michael Cohen.

After the jurors had left for the day, defense attorney Todd Blanche informed the court that prosecutors had failed to prove their case and that it should be dismissed immediately. Blanche begged the judge to “not send this case to the jury based on Mr. Cohen’s testimony.”

Cohen was the last witness

The judge remained unfazed by the argument, asking the defense attorney whether he believed that “as a matter of law, this person’s so not worthy of belief that it shouldn’t even be considered by the jury?”

“You said his lies are irrefutable,” the judge responded. “But you think he’s going to fool 12 New Yorkers into believing this lie?”

Cohen was the last witness — at least for the time being — for prosecutors trying to prove that Trump attempted to bury bad reports about himself and then altered internal business documents to conceal them as part of a conspiracy to illegally influence the 2016 presidential election. The defense has portrayed Cohen as a media-obsessed liar on a revenge mission to bring down Trump.

The defense called Costello because of his role as Cohen’s enemy and critic in the years after their professional relationship fractured spectacularly.

Costello offered to represent Cohen shortly after the lawyer’s hotel room, office, and house were raided, and Cohen had to decide whether to stay defiant in the face of a criminal investigation or to collaborate with authorities in the hopes of receiving more lenient punishment.

Costello said that Cohen told him Trump “knew nothing” about the $130,000 hush money payment to porn actor Stormy Daniels that is at the heart of the investigation.

“Michael Cohen said numerous times that President Trump knew nothing about those payments, that he did this on his own, and he repeated that numerous times,” Costello told the jury.

Trump would not testify

Trump lawyer Emil Bove told the judge that the defense does not intend to call any other witnesses following Costello, however they may bring campaign finance expert Bradley A. Smith for limited testimony.

They have not explicitly stated that Trump would not testify, but this is the clearest hint yet that he will forego his right to testify in his own defense.

Cohen returned to the witness stand for a fourth day on Monday, telling jurors that he stole from the Trump Organization when his 2016 holiday bonus was reduced from $150,000 to $50,000.

Cohen claimed he paid $50,000 to a technology firm for artificially increasing Trump’s standing in a CNBC online poll of notable CEOs. Cohen claimed he only provided the firm $20,000 in cash in a brown paper bag, but he sought reimbursement from Trump for the entire amount, pocketing the remainder.

Cohen claimed he never paid the Trump Organization back. Cohen has never been accused of stealing from Trump’s company.

Cohen is an important witness, but also a problematic one. He acknowledged on the witness stand to a number of previous lies, many of which he alleges were intended to protect Trump. Cohen also served time in prison after pleading guilty to a number of criminal counts, including lying to Congress and a bank, as well as campaign finance violations tied to the hush money scam.

However, when pressed by Blanche, Cohen maintained by his account of talks with Trump about the hush money payment to Daniels. Cohen stated that he spoke with Trump about the topic over 20 times in October 2016.

“No doubt in your mind?” Blanche inquired whether Cohen remembers having contacts with Trump about the Daniels case. No question, Cohen stated.

Trump facing 34 felony counts

Following more than four weeks of testimony, jurors could begin deliberate next week on whether Trump is guilty of 34 felony counts of falsifying business records in the first criminal trial of a former US president.

The charges derive from internal Trump Organization records that show payments to Cohen were classified as legal expenditures. Prosecutors contend they were actually reimbursements for Daniels’ payment to prevent her from going public with claims of a sexual encounter with Trump prior to the 2016 election. Trump claims nothing sexual occurred between them.

Donald Trump has pled not guilty. His lawyers claim that the Daniels arrangement and Cohen’s payment were both legal.

“There’s no crime,” Trump told reporters after arriving at the courthouse on Monday. “We paid legal fees. Do you know what the price is? “A legal expense.”

After Trump’s witnesses have testified, prosecutors will have the opportunity to call rebuttal witnesses. The judge, citing scheduling constraints, stated that he expected closing arguments to take place on May 28, the Tuesday following Memorial Day.

Source: The Associated Press