A lawyer who was rebuked on the witness stand by the judge overseeing Donald Trump's hush money trial could face possible sanctions.
New York lawyer Robert Costello will likely be reported to the state bar after rolling his eyes and making negative comments while testifying this week for the former president's defense, which prompted justice Juan Merchan to clear the courtroom and admonish his "contemptuous" behavior, reported Newsweek.
"It is truly outrageous behavior trying to make it about yourself when you are a mere witness," John J. Perlstein, a senior Los Angeles litigator, told the publication. "I'm surprised the judge didn't come down more harshly given what Costello did. It's unconscionable, unheard of, and I assume he will be reported to the relevant bar."
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However, Perlstein said, the judge probably won't hold Costello in contempt because he has already finished testifying, and Trump's attorneys haverested their defense.
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"Your conduct is contemptuous right now," Merchan told Costello after the courtroom was cleared, according to a transcript released later. "I'm putting you on notice that your conduct is contemptuous. If you try to stare me down one more time, I will remove you from the stand. I will strike his entire testimony. Do you understand me?"
Costello declined to comment on the possibility of his conduct being reported to the state bar, but a New York-based criminal defense attorney told Newsweek that his testimony under cross examination may have bolstered Michael Cohen's testimony.
"Another hurdle for the defense is the prosecution's cross-examination of attorney Costello, which lays the groundwork for an argument that Costello was being used by Trump to influence or control Cohen, perhaps enhancing Cohen's credibility," said Paul DerOhannesian, a defense lawyer based in Albany.