Hello from NYC and what is expected to be the last day of testimony in the trial of Donald Trump, who’s accused of falsifying business records to cover up hush money paid to Stormy Daniels to keep news of their alleged sexual encounter from damaging his 2016 electoral prospects.
Back on the stand today will be attorney Robert Costello, who was either Michael Cohen’s attorney for a time after the feds raided his home and office, or a shill for Rudy Giuliani. Or both? Idk.
Costello yesterday gave a master class on how not to testify as witness at trial, getting the relatively chill Justice Juan Merchan to pull off a epic bench-slap that’s probably going to be taught in law schools going forward.
After Justice Merchan took issue with a random comment from Costello and his demeanor on the stand, things quickly went downhill for the Davidoff Hutcher attorney.
"I want to discuss proper decorum in my courtroom," Justice Merchan told Costello outside the presence of the jury. "If you don't like my ruling ... you don't give me side eye and you don't roll your eyes."
At which point, Costello apparently crossed the line.
"Are you staring me down right now?" Justice Merchan asked Costello. "Clear the courtroom."
We in the press raised hell about this, because we really don't like getting shut out of, you know, history. However, we got the transcripts of what happened behind closed doors.
Once the courtroom was cleared, Justice Merchan told Costello that his conduct was "contemptuous."
"If you try to stare me down one more time, I will remove you from the stand," he said.
"Can I say something, please?" Costello asked.
"No. No. This is not a conversation," Justice Merchan said before reopening the courtroom.
Today's @law360 courtroom weather report is currently coming in at 74.3 F, 55% humidity.
Yesterday, Trump referred to the courtroom as "a freezing cold ice box."
Be sure to follow my colleague and budding meteorologist @frankrunyeon
Costello is back on the stand.
Costello is a long-time friend of former New York City Mayor and Trump counsel Rudy Giuliani and had several communications with Michael Cohen when he first realized that he was potential facing criminal charges in 2018.
Prosecutors maintain that Costello was trying to influence Cohen on behalf of Giuliani and Trump. Costello denies this, and claims that his only interests at the time were those of Cohen.
The jury is shown a 2018 email from Costello to Cohen, in which he says his relationship with Giuliani could be a benefit to him.
He tells Cohen that Giuliani thanked him “for opening this back channel of communication.”
Costello claims he was Cohen's lawyer at the time. Cohen denies this.
Costello's on cross by ADA Susan Hoffinger, who shows jurors a 2018 email in which Costello told Cohen that his ties to Giuliani could be a benefit to Cohen. Costello said he discussed this matter with Giuliani, who thanked Cohen “for opening this back channel of communication.”
“The email speaks for itself, right?” Hoffinger asks.
“No, not quite. There are surrounding circumstances on that email that I would be delighted to tell you,” Costello says.
“That’s alright, let’s go on to the next one,” Hoffinger replies.
Hoffinger shows the jury another 2018 email from Costello to his partner Jeffrey Citron.
“What should I say to this asshole?” Costello asks Citron. “He is playing with the most powerful man on the planet.”
On redirect, Trump counsel Emil Bove asks Costello if he ever pressured Cohen to do anything
“Absolutely not,” Costello says.
That's it for Costello.
"Your honor, the defense rests,” Trump counsel Todd Blanche says.
The jury is sent home. For various reasons, closings won't begin until next week.
There's going to be a so-called charge conference this afternoon, in which the lawyers will haggle over the jury instructions. Those things are very, very boring.
Trump did not respond to pool reporters' questions as he left the courtroom just now.
I should clarify why Costello was called to the stand by the defense in the first place. He testified yesterday that Cohen in 2018 told him “numerous” times that he paid Stormy off all on his own and Trump knew nothing about it.
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