Judge blasts Trump defense witness for ‘contemptuous’ staring, muttering at hush money trial

The judge presiding over the New York criminal hush money trial of Donald Trump had journalists removed from a courtroom Monday to blast a defense witness for his “contemptuous” reactions to the judge’s rulings during his testimony.

Judge Juan Merchan warned Trump’s lawyers that he would strike the testimony of the witness, Robert Costello, for glaring and muttering at the judge when he upheld objections from prosecutors in Manhattan Supreme Court.

Costello, a criminal defense lawyer and former New York federal prosecutor, drew Merchan’s ire when he was being questioned about his dealings with Trump’s then-fixer and personal lawyer Michael Cohen in 2018.

“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 told Costello, after having jurors removed from the room so that they did not see him chiding a defense witness.

“Are you staring me down?” Merchan then asked Costello.

The judge then barked, “Clear the courtroom!” instructing court security to remove reporters, not prosecutors, or Trump, or defense lawyers, or a group of supporters of the former president.

“I’m putting you on notice that your conduct is contemptuous now,” Mercan then told Costello, according to a transcript of what happened when journalists left the room after protesting their removal.

“If you stare me down one more time, I will remove you from the stand,” the judge warned the lawyer.

Merchan then addressed Trump’s defense attorneys.

“I will strike his entire testimony; do you understand me?” the judge asked.

Emil Bove, who had been questioning Costello when the judge erupted, replied, “Yes, judge. I understand.”

Merchan then went back to Costello.

“Listen to the question and answer the question,” Merchan told him.

Costello then asked, “Can I say something please?”

Merchan quickly shot that down: “No, no, this is not a conversation.”

The judge then had reporters and jurors return to the room, and Costello resumed testifying.

Trump’s son Eric Trump, who was present for the tongue-lashing, in a tweet on the social media site X called Merchan’s treatment of Costello “truly disgraceful.”

Costello was the second witness called by the defense, who began their direct examination after prosecutors rested their case.

The prosecutors had called 20 witnesses over four weeks, culminating in dramatic testimony from Cohen, who said he repeatedly talked to Trump about his plan shortly before the 2016 election to buy the silence of porn star Stormy Daniels about an allegedly sexual tryst with Trump a decade earlier.

Before being upbraided on the witness stand, Costello discussed his interactions with Cohen after federal agents raided his office in April 2018 as part of a criminal investigation that included eyeing a $130,000 hush money payment Cohen gave Daniels.

Costello, who at the time offered Cohen a means to indirectly stay in touch with Trump’s camp during thed investigation, said Cohen was “absolutely manic” in the aftermath of the raid and that he wanted an “escape route.”

But when Costello told Cohen that his problems could be solved if he cooperated with a federal investigation into his then-boss, Cohen responded, “I swear to God, Bob, I don’t have anything on Donald Trump.”

Cohen, who never retained Costello as a lawyer, later pleaded guilty to federal crimes that included a campaign finance violation related to paying off Daniels. Cohen admitted when he pleaded guilty that he paid Daniels, and arranged for another hush money payment to an alleged former Trump mistress, at the direction of Trump.

On cross-examination earlier Monday, Cohen admitted that he stole from Trump’s company by holding on to money given to him that should have gone to a tech contractor hired to help rig a CNBC poll about famous businessmen.

“You did steal from the Trump Organization, correct?” Trump’s lawyer Todd Blanche asked Cohen at the former president’s criminal hush money trial in New York.

Cohen replied, “Yes, sir.”

Cohen pocketed $30,000 of the $50,000 he received from the Trump Organization and then gave about $20,000 to the tech firm Red Finch, which previously worked for the Trump Organization, he testified in Manhattan Supreme Court.

Cohen testified that although Red Finch’s owner would have preferred getting the full $50,000 he was owed, he was “placated for the time being.”

After Blanche finished cross-examining Cohen, assistant District Attorney Susan Hoffinger had Cohen explain to jurors what Red Finch did for Trump.

Cohen testified that he asked the contractor to help rig a CNBC poll on who were the most famous businessmen of the last century, by acquiring internet protocol addresses to boost Trump’s position in that poll.

Trump later refused to pay Red Finch because he was angry that CNBC did not continue the poll after he ended up rising to ninth place in that poll.

Cohen said he pocketed the $30,000 of the $50,000 he later obtained from the Trump Organization, ostensible for Red Finch, because he was “angry” that his bonus for serving as Trump’s personal lawyer had been reduced.

“It was almost like self-help,” Cohen testified.

Trump is charged with falsifying business records related to his and his company’s reimbursement to Cohen for paying off Daniels.

The former president denies having sex with Daniels, who testified earlier in the trial.

Merchan earlier Monday told prosecutors and the former president’s attorneys that closing arguments in the case will be held on May 28, the day after Memorial Day.

“It has become apparent that we are not going to sum up tomorrow,” Merchan said as Trump looked on.

The judge last week had told both sides to be ready to give their summations Tuesday.

But Merchan on Monday said he wanted to avoid a multiday lag between closing arguments and the start of deliberations. The trial is off this Wednesday and Friday and would have a half-day on Thursday due to a juror’s scheduling conflict.

Before entering the courtroom Monday, Trump told reporters, “It looks like we’re gonna have a very big gap between days.”

Trump, who is the presumptive Republican presidential nominee, is the first former president to face a criminal trial.