The prosecution asks that the defense be precluded from asking #StormyDaniels whether she was arrested. Justice #Merchan agrees w/the prosecutors, saying that “anybody can be arrested” & that it “doesn’t prove anything.”
The people call Stormy Daniels back to the stand
#Trump atty #Necheles begins questioning by saying that in 2011, Daniels denied having had sex w/Trump.
Justice #Merchan encouraged the defense lawyers when they moved for a #mistrial on Tuesday to address any disparities by cross-examining #StormyDaniels. But Daniels has been off the stand for hours, & #Blanche is now seeking to make these points to the judge — & the news media. The judge isn't buying it. "I fail to understand" he says, how this is "an alternate set of facts."
Trump leans forward & glares at the judge as he denies the motion.
Now Todd #Blanche is arguing for a #mistrial, again. Trump's lawyers have been known to call for multiple mistrials in the course of a proceeding. It could exhaust the judge’s patience, & lose credibility.
#Steinglass concludes: "The defense has not alleged anything remotely approaching grounds for a #mistrial & their motion should be denied."
Justice #Merchan begins to address the mistrial motion. He says that after ruling against the defense's request for a mistrial on Tues, he went back & reviewed many of his past decisions, studying them in his chambers. He says that he came away satisfied.
Justice #Merchan criticizes defense for not #objecting to #testimony that was later used in a motion for #mistrial. He says he agrees that the question about whether #Trump wore a condom should not have been asked or answered. But he says he does not know "why on earth” defense atty #Necheles didn't object to that question.
Not only is Merchan signaling that he will likely reject defense’s mistrial motion, but he's dressing down their lawyering in front of their client.
Todd Blanche: We move for a mistrial based on the testimony this morning, the guardrails were thrown aside, that testimony was so unduly prejudicial to Trump and the charges in this case and the testimony about the incident in 2006 is way different from the stories she was pedaling in 2016,
"Testimony was so unduly prejudicial to Trump & the charges in this case..."
Trump atty #Blanche argues that the testimony was overly #prejudicial, & that the State was asking questions “to inflame this jury,” in addition to the “pure embarrassment” factor. He says there’s no way the court can instruct the #jury in a way to “unring this bell.”
It would be a surprise for Justice #Merchan to agree to a #mistrial. But he also exhibited displeasure w/how the testimony was going several times, sustaining multiple objections.
It’s not #StormyDaniels’ fault or prosecutors fault that this was a salacious event, it’s just what happened & goes directly to motive for hiding it.
Among the issues that Todd #Blanche brings up as he calls for a #mistrial is #StormyDaniels’s testimony that #Trump didn’t wear a condom. He argues that this testimony was deeply #prejudicial to his client — & asked what the jury is supposed to do w/ much of the info they received from Daniels’ testimony.
Prosecutor #Hoffinger argues that Daniels's story is important for #motive (as said) & #intent, to illustrate what Trump didn’t want the public to know before the election.
Merchan: “l agree there were some things that would have been better left unsaid.”
Defense moves to strike certain parts of #StormyDaniels testimony
Granted
Merchan says, “the witness was a little difficult to control” but he doesn’t let defense entirely off the hook saying part of their responsibility is to object DURING questioning/testimony
They want a mistrial. That’s why they let it all go & Merchan was the one forced to lodge objections.
#Now it’s #Ivanka Trump’s turn to face questioning in the #civil#fraud#trial that is publicly probing into the family business. #Trump’s eldest daughter, who has been in his inner circle in both #business & #politics, is due on the stand Wed, after trying unsuccessfully to block her #testimony.
Before today’s proceedings got underway, Justice #Engoron & attorneys met behind closed doors.
Ivanka's testimony is expected to go into tomorrow, since the defense anticipates #Trump attys to cross-examine.
Before the defense case begins, Trump's lawyers are expected to make multiple motions tomorrow, likely for a #mistrial as well as judgment as a matter of #law.