How do you spell Trump Trial? C-H-AO-S.
First, the Trump defense team seemingly got former Trump lawyer and key accuser Michael Cohen in a “gotcha” moment with Cohen admitting he stole thousands of dollars from The Trump Organization. Many cable pundits and armchair pundits on Twitter proclaimed this was a body blow to the prosecution’s case.
But then, towards the end of the afternoon, the defense called Cohen’s former legal advisor Robert Costello to the stand. Costello’s attitude and comments sparked Judge Juan Merchan to admonish him and clear the courtroom. Pundits then said calling Costello was a big mistake. Reports later indicated Trumps lawyers didn’t want to call Costello at all, but Trump insisted he testify.
Between Trump’s daily press statements going in and out of the trial, often seemingly violating his gag order, and the parade of GOPers and supporters showing up to lend visual support and help Trump violate the gag order by saying what Trump is saying or wants them to say, the courthouse is the scene of….C-H-A-O-S.
Former President Trump’s hush money trial devolved into chaos as it barreled toward a close on Monday, with the judge clearing his courtroom after admonishing a witness for improper decorum.
Earlier, the dramatic day saw prosecutors rest their case after nearly scrambling to fly in a final witness. It concluded with Trump’s lawyers seeking a dismissal of the charges, which was left unresolved by the judge for now.
The drama came in the trial’s final moments, its closing now delayed further than expected this week. Testimony is set to conclude on Tuesday — without Trump expected to take the stand — and closing statements are now expected just after the Memorial Day holiday.
The most striking moment of the day came after the defense called to the stand Robert Costello, a former legal advisor to ex-Trump fixer Michael Cohen, prosecutors’ star witness who made the hush money payment at the center of the case.
The defense brought in Costello to rebut Cohen’s testimony about a pressure campaign to not flip when federal investigators closed in on him in 2018.
Tensions quickly boiled over after the witness made audible comments and visually reacted to objections, leading Judge Juan Merchan to abruptly clear the press from the courtroom to discuss “decorum,” the first such time during the trial when proceedings were still underway.
“When there is an eyewitness on the stand, if you don’t like a ruling, you don’t say ‘Geez,’” Merchan told Costello before removing the press.
“You don’t give me a side eye. You don’t roll your eyes. You understand that?” he later said.
Merchan then raised his voice before ordering the court to clear the room.
“Are you staring me down?” he asked Costello.
Reporters shouted questions as security began to clear the room, with some asking a media lawyer present to object. Officers ushered everyone out, saying that they would explain what happened outside. After a few minutes, reporters were allowed back in without reason.
Trump’s entourage of allies were allowed to stay in the courtroom.
This Washington Post reported the judge’s warning to Costello from a court transcript:
“I’m putting you on notice that your conduct is contemptuous,” Merchan told Costello, according to an early transcript of the proceedings released Monday evening. “If you try to stare me down one more time, I will remove you from the stand.” He warned Trump’s lawyers that if Costello continued to misbehave, all of Costello’s testimony would be struck from the court record.
“Can I say something, please?” Costello asked.
“No, no. This is not a conversation,” Merchan replied.
Earlier in the day the Trump defense had seemed to score a big hit on Cohen’s credibility. Did they?
For the second consecutive day in court, former president Donald Trump’s lawyers produced what they may have thought was a “gotcha” moment in Trump’s Manhattan trial because it undercut former Trump lawyer Michael Cohen’s credibility.
But the impact and circumstances surrounding the first moment — Cohen’s supposedly lying about an Oct. 24, 2016, phone call with Trump — remain murky.
And it’s not so clear that the second moment is any more of a gotcha. While Monday’s testimony might have dinged Cohen’s already tenuous credibility, it could also have cast a spotlight on a major hole in the defense’s case.
In that testimony under cross-examination on Monday, Cohen admitted that he “stole” tens of thousands of dollars from the Trump Organization.
To recap: Cohen testified that he paid a technical services company named Red Finch about $20,000 to rig online polls in Trump’s favor, after initially agreeing to pay it $50,000. (The poll-rigging arrangement was first reported by the Wall Street Journal in 2019.)
But Cohen testified that he sought to be and was reimbursed for the full $50,000 from the Trump Organization. He said he was ultimately paid $100,000 because of the practice of “grossing up” — reimbursing double the amount because the money is taxable income.
“You stole from the Trump Organization?” Trump attorney Todd Blanche asked.
“Yes,” Cohen said.
...Some Trump allies and pundits suggested that this, on top of questions about Cohen’s testimony about the October phone call, could significantly damage the prosecution’s case.
“This just got interesting: Michael Cohen is now admitting to stealing money from our company,” one of Trump’s sons, Eric, posted on X on Monday.
But it’s actually not the first time Cohen has copped to this. Prosecutors last week more gently dug into Cohen’s seeking and receiving more than he was due as reimbursement for the Red Finch payment.
The prosecution has rested its case. Next week closing arguments will begin and then jury is expected to start its deliberations. The verdict, one way or another, is expected to set off a new firestorm. If there’s a hung jury prosecutors can move to retry.
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Graphic: Dreamstime
