Judge denies defense motion for a mistrial
Judge Juan Merchan is responding to Blanche’s push for mistrial.
“I agree that there are probably some things that would have been [left] better unsaid,” Merchan said.
In fairness to the people, I think your witness was a little difficult to control … having said that I do think there were guardrails in place, I do think the court had instructed the prosecution there were certain details they didn’t need to get into.
Merchan says:
I’m going to deny the motion for a mistrial at this time.
Key events
Stormy Daniels back on the stand
Prosecutor Susan Hoffinger is resuming her direct examination of Stormy Daniels.
When we left off, we were discussing some of the delays in payment in dealing with Michael Cohen and Mr. Trump.
Daniels is reading an email from Keith Davidson to Michael Cohen in October 2016. “No payment was received,” wrote Davidson, who was Daniels’ lawyer handling the $130,000 payout.
Hoffinger asked whether Daniels spoke with a news outlet. She said yes, Slate, but the publication was not going to pay her.
Judge Juan Merchan noted that prosecutor Susan Hoffinger stepped out for a minute to provide additional instruction to Stormy Daniels before she returned to the stand, namely that she shouldn’t provide additional narrative.
Meanwhile, Eric Trump and Trump lawyer Alina Habba are seated in the front row of the gallery, behind him. They can be seen chatting here and there. She is smiling.
Daniels re-entered the courtroom. She is back at the witness stand, sipping water. She’s adjusted her hair. Her face has a deflated look about it.
Hugo Lowell
The judge, Juan Merchan, says he doesn’t think we’re at the point where mistrial is warranted, even as he concedes “there were some things that should have been left unsaid” during Stormy Daniels’ freewheeling testimony.
But Merchan says he was also surprised there were not more objections from the defense and that, at one point, he stepped in of his own accord to restrict Daniels’ testimony.
Judge denies defense motion for a mistrial
Judge Juan Merchan is responding to Blanche’s push for mistrial.
“I agree that there are probably some things that would have been [left] better unsaid,” Merchan said.
In fairness to the people, I think your witness was a little difficult to control … having said that I do think there were guardrails in place, I do think the court had instructed the prosecution there were certain details they didn’t need to get into.
Merchan says:
I’m going to deny the motion for a mistrial at this time.
The prosecution, of course, is arguing against a mistrial.
Prosecutor Susan Hoffinger says that Stormy Daniels’ account is “highly probative of defendant’s intent”.
Hoffinger said some details in Daniels’ account, such as Trump not using a condom, had been out in the public for some time.
“We were extremely mindful about not eliciting too much testimony about the act,” Hoffinger said.
There were details that were left out based on the court’s instructions at the bench … but your honor, they’re stating that this is an entirely new story is not accurate. And I’m sure that when they cross examine Ms Daniels, some of this will come out.
Trump attorney Todd Blanche argues that the issue at hand is that Stormy Daniels has testified today about consent and danger, and “that’s not the point of this case, that’s not the point of this testimony”.
Blanche says it’s “extraordinarily prejudicial” and that “this is the kind of testimony that makes it impossible to come back from”.
He adds that Trump is “someone who’s going to going out to campaign this afternoon” and that Daniels’ use of the word “consent” during her testimony is unfair to him in the context of his candidacy, too.
How can we come back from this in a way that’s fair to President Trump and in a way that makes sure this process stays exactly where it should be?
Hugo Lowell
The Trump team moves for a mistrial after testimony by Stormy Daniels, arguing her testimony – about the power dynamic, whether it was consensual, Trump allegedly not using a condom after testifying she worked with a specific adult film company because they mandated condom use – was extraordinarily prejudicial.
Trump lawyers Todd Blanche tells the judge:
We believe, regrettably, there should be a mistrial and to the extent there’s another trial, that this witness be excluded or her testimony be incredibly limited.
Trump attorney moves for mistrial based on Daniels’ testimony
Trump lawyer Todd Blanche is pointing to Stormy Daniels using the phrase “blacked out,” and saying that Donald Trump didn’t wear a condom.
“The fact that there’s a bodyguard outside the room, the power dynamic,” Blanche said, alluding to some things in Daniels’ testimony.
“Aside from pure embarrassment,” Blanche said, these details do nothing but “inflame the jury”.
“She testified that there were communications with Donald Trump afterward and that she thought something bad would happen and …not being safe,” Blanche said.
It’s still extraordinarily prejudicial to insert safety concerns into a trial about trial records ….for years, including up to 2016, which is when she was peddling this story. She talked about a consensual encounter with President Trump, that she was trying to sell – and that’s not the story that we heard today. We heard a completely different story.
Court has resumed and Trump lawyer Todd Blanche is saying that Stormy Daniels’ testimony was unfair to Trump.
“We move for a mistrial based on the testimony this morning,” Blanche said.
There’s no way to unring that bell, in our view.
Stormy Daniels and Trump’s bodyguard coordinated and she was directed to Donald Trump’s hotel across the city, and told to take a specific elevator to the penthouse.
“He was wearing silk or satin pyjamas that I immediately made fun of him for, and said does Mr Heffner know you stole his pyjamas?” Daniels said, referring to the late pornographer and Playboy founder, Hugh Hefner.
I told him to go change and he obliged.
Since it was still early, they decided to chat for a while before getting dinner. Trump repeatedly grilled Daniels on her time in the adult industry, including:
What about testing? Do you worry about STDs?
He asked whether she had been tested. “Yes, of course, and I volunteered it as well.” Daniels recalled:
He asked me, oh well, have you ever had a bad test, I said nope I can show you my entire record.
She said there was also a very brief discussion of Melania, Trump’s wife, where he said they slept in separate beds.
Daniels said she had to use the restroom at some point, as she’d had several bottles of water. Trump had come into the bedroom area of the suite, and was on the bed in his boxers and a T-shirt.
“At first I was just startled, like a jump scare,” Daniels said.
I just thought: oh my god, what did I misread to get here? The intention is pretty clear if someone’s stripped down to their underwear and on the bed.
She tried to make a joke and leave, but he stood up between her and the door. “At some point, did you wind up on the bed having sex with him?” prosecutor Susan Hoffinger asked. “Yes.”
The court is due to return from a lunch break in the next few minutes.
Donald Trump’s criminal trial entered a new stage on Tuesday morning with testimony from Stormy Daniels, an adult film star at the center of his hush-money scandal, who told jurors that they had a sexual liaison in 2006 that left her nervous and ashamed.
“My hands were shaking so hard that I was having a hard time getting dressed,” said Daniels, who told jurors that she had gone to Trump’s Lake Tahoe hotel room under the belief that they would be getting dinner at a restaurant later.
The two had met earlier that day at a celebrity golf match across town; they didn’t discuss much, but Daniels’ boss told Trump that she was also a director. Trump, she recalled, said she must be pretty smart if she directed films. They ran into each other again at a room where event sponsors set up tables with free merchandise.
He did remember us from the golf course – he remembered me specifically, that I was the smart one.
At one point, one of Trump’s bodyguards came over and told Daniels that he wanted her to join him for dinner. She said no.
Daniels said she didn’t consider the invitation again until later, when there was a scheduled company dinner she didn’t want to attend. Daniels’ colleague told her that she should take Trump up on his invitation. Daniels recalled”:
It’ll make a great story, he’s a business guy, what would possibly go wrong, that was his words to me.