Robert Costello, a former legal adviser to Mr. Cohen, tried to stare down the judge….
Judge Juan M. Merchan wasn’t having it…..
And this won’t play well with jury , for sure….
I’ve posted some the NY Times readback on Costello vs the judge….
The judge, during the reaming of Costello, told the Defense that ALL of Costello’s testimony would be STRICKEN from the record if he did NOT stop dissing him and the court….
The judge overseeing former President Trump’s New York hush money trialadmonished defense witness Robert Costello Monday for his reactions while on the stand.
Why it matters: It was one of the most dramatic moments of the ongoing Trump criminal trial, which is now in its sixth week, and led the judge to temporarily clear the courtroom.
- “I want to discuss proper decorum in my courtroom,” Judge Juan Merchan said to Costello, per the New York Times. Costello, a lawyer, was once Michael Cohen’s legal adviser.
- “If you don’t like my ruling, you don’t say ‘jeez,’ and you don’t say ‘strike it,’ because I’m the only one who can strike testimony in court,” Merchan said.
- “You don’t give me side-eye and you don’t roll your eyes,” he said, per NBC News.
Driving the news: Merchan asked Costello: “Are you staring me down?” before clearing the courtroom, per CNN…..
‘The defense calls Robert Costello.’ It didn’t go well.
After Mr. Cohen was done, the defense commenced. After brief testimony from a paralegal about phone records, the defense called Robert Costello, a former legal adviser to Mr. Cohen, who said they spoke in 2018 and that Mr. Cohen told him that Mr. Trump “knew nothing” about payments to Ms. Daniels.
But after several objections by prosecutors, Mr. Costello said “jeez.” Soon after, Justice Merchan sent the jury away and scolded Mr. Costello for not displaying “proper decorum” and giving him “side-eye.”
It didn’t stop there: Justice Merchan quickly cleared the courtroom of reporters to deal with Mr. Costello, a dramatic step that did not reflect well on the witness…..
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Trump praised Robert Costello, calling him a “highly respected lawyer,” but he has what may turn out to be a fairly narrowly-shared view of his testimony. Most people in the courtroom did not experience Costello as a galvanizing and solid witness for the defense, with the usual caveat that it’s impossible to know how the jury saw it. But they were certainly attentive….
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Trump, as a foremer President still excerts power over doing’s in the court….
The prosecutors, apparently over it, make to leave court before the former president, who is still talking to his lawyer in the well. But they are held at the door by the Secret Service.
The power relations in this court can be hard to parse. The prosecution has the power to ask the judge to hold Trump in contempt and fine him, and ask the jurors to convict him. But the Secret Service, protecting the former president, has the power to stop the prosecutors from leaving if it deems that necessary….
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More on the Costello stuff….
Justice Merchan’s fatigue with the defense is beginning to show. Despite how angry the defense lawyers have been at Merchan at various points, he has tried quite hard to be fair to them. He is clearly losing patience…..
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Robert Costello is nitpicking at Susan Hoffinger as she questions him, correcting her mild misstatements, such as describing him as a former chief of a criminal division rather than deputy chief. He also takes issue with her use of the term “raid” when she refers to the F.B.I. executing a search warrant against Michael Cohen that year. And he just instructed her to talk into the microphone. There are five women on the jury….
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Robert Costello is pausing before he answers simple questions from Susan Hoffinger, the prosecutor. She asks him if Michael Cohen, as the president’s lawyer, would have been a high-profile client for him. “Would it be a big win for you and your firm?” Hoffinger asks. “I would say no,” Costello responds. Hoffinger asks Costello if he would announce Cohen as a client on his website. Costello says he’s not sure what the firm would do….
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Robert Costello testifies that he treated Michael Cohen as a client and only had his interests at heart. He says his obligation was to Cohen in the summer of 2018, and that he did not concern himself with Trump’s interests at that time…
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The jurors were escorted out of the courtroom at a tense moment when the consistent sustained objections had disrupted the flow of the court proceedings. It’s possible they have a sense that the break was due to an issue with the testimony.
6 hours ago
Reporting from inside the courthouse
We are back in the courtroom. Before we left, Justice Merchan was lecturing Robert Costello. “I want to discuss proper decorum in my courtroom,” he said. “If you don’t like my ruling, you dont say ‘jeez,’ and you don’t say ‘strike it,’ because I’m the only one who can strike testimony in court.”
May 20, 2024
Reporting from inside the courthouse
Justice Merchan, visibly frustrated, tells the jury to step out again.
May 20, 2024
Reporting from inside the courthouse
Merchan orders that the courtroom be cleared after scolding Costello. We will get the details of the scolding in momentarily.
May 20, 2024
Reporting from inside the courthouse
The press was just cleared from the courtroom, the lawyer here representing us escorted out before he could object…
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Susan Hoffinger, the prosecutor, is objecting to many of Emil Bove’s questions, often successfully. Robert Costello had been ignoring the judge’s rulings, so Justice Merchan warned him directly to wait for a ruling before answering.
It happens again, and when Merchan sustains an objection, Costello says “jeez,” apparently meaning to question the judge’s authority. “I’m sorry?” the judge asks, glaring down at the suddenly reddened witness. Costello mumbles something in return and testimony resumes.
May 20, 2024
Reporting from inside the courthouse
Not everyone around Trump thought calling Costello was a wise move, and we’re seeing why right now. Jurors watch judges closely.
May 20, 2024
Reporting on Trump’s criminal trial
Costello has been around the New York legal world for decades and prides himself on not taking flak from anyone, including, apparently, the judge in this case.
May 20, 2024
Reporting from inside the courthouse
The jurors are either going to conclude that Michael Cohen made up aspects of his testimony based on his interactions with Robert Costello, or that he was gaming out what he thought the Trump team might be up to and whether he was going to get iced out.