Update on Earlier Politico update: What Judge Merchan says at day's end to the Trump defense team

[ancianita]

Last edited Thu May 9, 2024, 08:10 PM - Edit history (1)

Earlier news:
The trial is now on a lunch break. Just before the break, defense attorney Todd Blanche said he had three applications he’d like to raise: a renewed mistrial request, a motion to preclude Karen McDougal’s testimony and a request about the gag order as it relates to Stormy Daniels. The judge told jurors the trial is on the pace they’ve aimed for and possibly a little ahead of schedule.

Per the OP title, here's the end of day news:

Judge bashes Trump’s defense team as he denies request for mistrial

Trump’s lawyers have complained that Stormy Daniels’ testimony was unfair, but the judge said that the defense’s own choices allowed much of that testimony to come in.
By BEN FEUERHERD and JOSH GERSTEIN
05/09/2024, 6:01PM ET

Justice Juan Merchan harshly criticized Donald Trump’s defense attorneys as he denied another motion for a mistrial over Stormy Daniels’ weighty testimony.

After the jury was excused this afternoon, the judge heard arguments from the defense and prosecutors on the mistrial request — the second one lodged by the defense this week. Merchan bluntly pointed out what he saw as numerous missteps by Trump’s attorneys. The defense lawyers’ overall strategy, and their failure to object at key moments during Daniels’ testimony, allowed much of Daniels’ testimony to stand, the judge said.

Defense attorney Todd Blanche argued in part that Daniels’ testimony was “extraordinarily prejudicial” because she described her alleged sexual encounter with Trump in a way that could be interpreted as assault or coercion.

“It’s a dog whistle for rape,” Blanche said of the testimony, adding it had nothing to do with the 34 counts that Trump is on trial for: falsification of business records.

On the witness stand Tuesday and this morning, Daniels said she lacked clear memory of aspects of the sexual encounter, that there was a “power imbalance,” and that Trump is much larger than her, but she also said he did not use force nor did he threaten her during the episode.

In his criticism of Trump’s defense team, the judge began with Blanche’s opening statement. Blanche opened the door for testimony about the alleged sexual encounter by telling jurors that Daniels’ claim was made up, the judge said.

Prosecutors “do have the right to corroborate her story, which was immediately attacked on opening statements,” Merchan said.

In his argument for a mistrial, Blanche alleged that Daniels changed her story on the stand from previous accounts she gave in the press.

Prosecutor Joshua Steinglass responded that Daniels has not changed her story, but certain details may have been omitted or fleshed out as she spoke about it on various occasions.

“There may be details that are said in one forum and not in another forum,” Steinglass said. He argued Blanche was trying to preclude “the very details from corroborating that account because they have the ring of truth.”

“These details add a sense of credibility, if a jury chooses to believe them,” the judge said.

The judge again sided with prosecutors’ analysis of any discrepancies, telling Blanche, “I disagree with your narrative that there’s any new account here.”

Steinglass further argued that prosecutors had to elicit testimony about the sexual encounter and the details prior to the alleged sex act — including Daniels allegedly spanking Trump with a rolled up magazine — because they provide motive for him to keep the story from the American public.

Merchan said he wished some details about the encounter — including a question about whether Trump used a condom during sex — had been left unsaid.

But the judge placed the blame partly on Trump’s defense team.

“For the life of me, I don’t know why Ms. Necheles didn’t object,” the judge, referring to one of Trump’s defense attorneys, said of the line of questioning.

Merchan repeatedly faulted Trump lawyer Susan Necheles, including for repeatedly raising consent-related questions during her cross-examination of Daniels. “I don’t know why you went into it ad nauseam on cross-examination,” the judge said. “You drummed it over and over again into the jury’s ears. I don’t understand the reason for that.”


Yes, Trump will probably be yelling at Necheles tonight.

[MOMFUDSKI]

1. Nice

Try

[58Sunliner]

2. He really wants to scream in all caps about Stormy.

[Happy Hoosier]

3. My prediction of Merchan's response....

'"No. You didn't object to any of this testimoney at the time. You have an obligation to object in a timely fashion to evidence you think is unduly prejudicial. You didn't. That's on you. Don't look to the court to correct your errors.

If Mr. Trump wants to respond to Ms. Daniels' testimony, he has the right to do so, under oath, on the stand, and subject to cross-examination.

Good day sir. I SAID, Good DAY, sir!"

[lame54]

4. Liar Liar...

"I object."
"On what grounds?"
"That it's devastating to my client."
"Overruled."
"Good call."

[ancianita]

5. See end of day update above, thanks.