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Items tagged with: Merchan
Justice #Merchan admonished #StormyDaniels for going off topic & told her to “just answer the questions,” a notable sign of disapproval.
Merchan sustains a defense objection. Susan Hoffinger, the prosecutor, objects, saying that Daniels’s answer was directly responsive to her question. Then, the judge again scolds Daniels, telling her again to keep her answers short & to the point. He then reverses himself & overrules the objection.
Justice #Merchan has repeatedly asked for tighter answers & fewer extraneous details. The judge is sustaining most objections lodged by the defense.
Merchan's visible disapproval may be bad news for the prosecution. #Jurors often take their cues from judges. If the judge seems impatient with a witness, jurors could receive it almost as permission to feel the same way.
#criminal #law #Trump #TrumpTrial #StormyDaniels #CatchAndKill #conspiracy #ElectionInterference #HushMoney
It would be a surprise for Justice #Merchan to agree to a #mistrial. But he also exhibited displeasure w/how the testimony was going several times, sustaining multiple objections.
It’s not #StormyDaniels’ fault or prosecutors fault that this was a salacious event, it’s just what happened & goes directly to motive for hiding it.
#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney
Justice #Merchan DENIES #mistrial
Merchan: “l agree there were some things that would have been better left unsaid.”
Defense moves to strike certain parts of #StormyDaniels testimony
Granted
Merchan says, “the witness was a little difficult to control” but he doesn’t let defense entirely off the hook saying part of their responsibility is to object DURING questioning/testimony
They want a mistrial. That’s why they let it all go & Merchan was the one forced to lodge objections.
The jury is not present for these procedural motion hearings. It would be better if they knew Justice Merchan’s ruling & admonition to #Trump #legal team. given that they were present when #Merchan admonished #StormyDaniels & prosecution during the morning #testimony.
Merchan reminds the defense that “the remedy is on cross-examination,” meaning that the defense will be able to make its own case as it questions Daniels.
#criminal #law #TrumpTrial #CatchAndKill #ElectionInterference #HushMoney
Justice #Merchan says that, w/the consent of the defense lawyers, Susan #Hoffinger, the prosecutor, has stepped out to confer w/ #StormyDaniels about keeping her #testimony within the confines set by the judge, & avoiding any “unnecessary” details. [to avoid a fricking mistrial ffs]
Note, when the judge in Trump’s civil fraud trial denied a mistrial, #Trump stormed out of the room.
We could see a #GagOrder violation today if he follows his typical behavior.
The defense has been objecting to many questions & Justice #Merchan has been sustaining a lot of them. He is not happy about this testimony.
Despite being explicit this is RELEVANT testimony, given that this encounter is at the heart of the prosecution's case.
But it may be a risk for prosecutors depending on what jurors make of it.
#criminal #law #Trump #TrumpTrial #StormyDaniels #CatchAndKill #conspiracy #ElectionInterference #HushMoney
#StormyDaniels says she came out of the bathroom & found that #Trump was in the bedroom, waiting for her, in his boxer shorts & a T-shirt. She had been planning to go, she said. He was seated on the bed, between her & the exit.
Justice #Merchan is noticeably upset, & Daniels seems confused, after some objections, about what to answer from prosecutors. We are in an intense, intense moment here.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney
After break, Justice #Merchan asks if the defense spoke to #Trump & admonishes the prosecutors, specifically #Hoffinger, saying that the level of detail they’re eliciting from #StormyDaniels is unnecessary. (Weird bc defense didn’t lodge any objections)
This is a reminder that juries, even in the most prominent cases, almost never hear the full story. The evidence they are permitted to consider is balanced against the possible prejudice it could have against the defendant.
#Trump keeps trying to talk to #Nechele while she’s lodging objections to prosecutors arguments as to why they should be able to question #StormyDaniels on “some details” so, he talks to his other lawyer, Todd #Blanche.
Susan #Hoffinger, a prosecutor, clarifies that Daniels will not describe “genitalia.”
Justice #Merchan concedes that Daniels’s may have “credibility issues,” but that it’s up to the jury to determine that.
Merchan seems a little nervous.
Redirect is over & #Trump atty #Bove returns to question Daus again to clarify his cross-examination arguments, saying he was asking about “unknowns” — “gaps in the handling of this data that created risks” for tampering.
Prosecutor #Conroy returns to ask Daus another question in a 2nd re-redirect.
This is a lot of questioning & requestioning for a custodial witness.
Justice #Merchan calls a sidebar hopefully to get these folks to tighten up their questioning.
The lawyers are arguing about the #AccessHollywood tape & how it can be introduced.
It’s hard to imagine anyone who isn’t familiar with what #Trump says on the tape, even the jurors.
Justice #Merchan, who has allowed evidence related to the tape, will not let it be heard or watched in court, because he thinks it would be too #prejudicial.
Merchan is displaying his judicial fairness here, despite what Trump, #RightWingMedia & #MAGA claim.
This morning, when speaking to cameras inside the courthouse, #Trump said #Merchan was trying to take away his constitutional rights.
He said his team will file a lawsuit today challenging the #GagOrder’s constitutionality
He railed against DA #AlvinBragg & Merchan, saying they're corrupt & a "disgrace to this country"&"this court."
"It's a cabal going on, by the way,"Trump said, adding they're trying to get Biden re-elected. [#ConspiracyTheory #QAnon]
After Justice #Merchan explained #Trump’s freedom to speak as a #witness, he concluded, “please let your attorney know” if you have any more questions. Note that Todd #Blanche, the lead defense #lawyer, nodded along when Trump made the comments in question outside the courtroom yesterday.
#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney #MobTactics #NodFarter #GagOrder #StormyDaniels #KarenMcDougal
Justice #Merchan is on the bench &addressing something that #Trump said outside court yesterday, when he claimed that he could not testify because of the #GagOrder.
The comment left many people confused, & it wasn’t clear if Trump was simply making an excuse for not testifying, or if he misspoke. But Justice Merchan is informing him that the statement was incorrect. The gag order “does not prohibit you from taking the stand” or limit what he can say, the judge says.
Chris #Conroy, the prosecutor, says they need to go through the articles but that it's "odd" that the defense is asking for an advance ruling.
When Conroy says that he thinks the #GagOrder is "very specific," #Trump vigorously shakes his head.
#Merchan says he is not going to pre-judge Trump's postings. "I'm not going to give advance rulings," he says.
"There is no ambiguity, I believe, in the order." He says that if Trump is in doubt, he should "steer clear."
Justice #Merchan signals he continues to have little patience for #Trump’s comments about the #jury, saying they were mostly #Democrats.
Pretty sure he’ll be penalized for at least those comments.
The #GagOrder violations hearing is over.
Hopefully Merchan will give a ruling soon on it.
Short break.
#KeithDavidson, #StormyDaniels's lawyer, is back on the stand for more questioning from prosecutors.
#criminal #law #CatchAndKill #conspiracy #ElectionInterference #MobTactics #TrumpTrial
#Blanche discusses #MichaelCohen’s Tik-Tok videos, saying, “This is not a man that needs protection from the gag order.”
This is a serious concern for prosecutors. Their #witness, who had said that he would be silent after having attacked #Trump, has not. + Justice #Merchan has already written that he is somewhat sympathetic to the defense’s argument here.
#criminal #law #CatchAndKill #conspiracy #ElectionInterference #MobTactics #GagOrder #TrumpTrial
Justice #Merchan seems very mindful of #Trump painting himself as a #martyr, & is trying to emphasize Trump’s #FreeSpeech rights as a candidate.
Merchan says he’s not that concerned w/the potential violation where Trump referred to David Pecker as “a nice guy.”
Blanche moved on to #MichaelCohen.
Who has really been relentless & isn’t doing the prosecution any favors.
Blanche shows some of Cohen’s tweets.
#criminal #law #CatchAndKill #ElectionInterference #MobTactics #GagOrder #TrumpTrial
After Justice #Merchan pointed out that no one is forcing #Trump to talk to the #press, #Blanche’s response, “I agree with that.”
Merchan continues to express concern about Trump’s rights to free speech, particularly as a political candidate. He says that a whole press area has been set aside for Trump in the hallway so that “your client, as candidate for the presidency, has the opportunity to speak about absolutely anything he wants.”
#Blanche is arguing that #Trump has to respond to reporters who ask him about #witnesses.
Justice #Merchan replies, “It was your client who went down to that holding area & stood in front of the press & started to speak. It wasn’t the press that went to him. He went to the press. He didn’t need to go in that direction.” He adds, “Nobody forced your client” to go talk to reporters in the courthouse hallway when he attacked #MichaelCohen.
#Blanche complains about media coverage in the argument, but #Trump seeks out the media, he gives multiple stmnts outside the courtroom & constantly discusses the trial. He’s running on his #criminal charges.
Justice #Merchan says he doesn’t understand Blanche’s argument comparing Trump’s inability to speak out freely w/journalists' ability to report freely on him everyday. “They’re not defendants in this case," Merchan says forcefully. "They’re not subject to the #GagOrder.”
#Trump also attacked Justice #Merchan at a rally in Wisconsin last night & said that the #jury in this trial was drawn from a county —Manhattan — which is “a 95% or so Democrat area.”
Trump continued the same line of attack in the courthouse hallway. According to a pool report, he referred to Justice Merchan as conflicted & bragged about yesterday's rallies.
#criminal #law #CatchAndKill #conspiracy #ElectionInterference #MobTactics #GagOrder #TrumpTrial
Before the jury is called back in, Justice #Merchan plans to hold a hearing on whether #Trump has again violated the #GagOrder in the case.
Trump went to his social media platform this morning to again saying:
"We cannot let this radical left, corrupt & highly conflicted New York Democrat judge interfere w/the presidential election of 2024 — the most important election in the history of our country. The USA is truly a nation in decline! Remove the unconstitutional gag order."
The judge returned to the bench but #Trump took some extra time to return to the courtroom, which is unusual in this case. Now Trump is back & #Merchan has warned Todd #Blanche, his lawyer: “Let’s try to keep the breaks short.”
Trump is joined by his son Eric again, although Susie Wiles & Dan Scavino, two of his aides, have not re-entered the courtroom.
Justice #Merchan explicitly called #Trump’s claim that reposts don’t count as violations of the #GagOrder “counterintuitive and absurd.”
Justice Merchan rejected the defense’s claims that Trump had merely reposted the messages from others and that he had largely been acting in response to political attacks from two potential witnesses in the case: #MichaelCohen & #StormyDaniels.
Justice #Merchan wrote that he was “keenly aware of, and protective of, Defendant’s First Amendment rights.” But nonetheless, he wrote that he would not tolerate continued violations of his orders and that if necessary & appropriate, he would “impose an incarceratory sentence.” In plain language, he is warning #Trump that he will send him to #jail if necessary.
Already, prosecutors have alerted to the judge to 4 new potential violations. Those were not covered by Justice #Merchan’s order & will be discussed at another hearing, which will be held on Thurs morning.
In addition to fining #Trump after finding him in #contempt, Justice Merchan ordered him to remove the offending Truth Social posts today.
The judge, Juan M. #Merchan, fined him $9,000, punishing the former president for repeatedly violating a #GagOrder that bars him from attacking witnesses, prosecutors & jurors.
Merchan determined that #Trump had broken the #GagOrder by making several public statements on social media & on his campaign website in which he attacked #witnesses & the #jury.
While #jurors were on break, the #lawyers argued about a complex #legal matter involving #hearsay in certain exhibits. Defense succeeded in not allowing in texts between #DylanHoward, editor of The #NationalEnquirer in 2016, & a family member about Trump's election. But Justice #Merchan also endorsed prosecution's interpretation of #Pecker's arrangement w/ #Trump & #MichaelCohen as a #conspiracy.
#criminal #law #TrumpTrial #ElectionInterference #CatchAndKill
Hours before court was set to begin today, #Trump made a campaign stop at a construction site in Manhattan, where he was asked about David #Pecker’s testimony & their relationship. “David’s been very nice," Trump said. "He’s a nice guy.”
(He was nice, but his testimony has been seriously damning to Trump)
Trump was also asked whether he would pay fines if Justice #Merchan found that he had violated the #GagOrder imposed on him by the court. “Oh, I have no idea,” he said.
#Merchan has explained the concept of #ReasonableDoubt, instructed the jurors that statements made by the various attorneys are not to be accepted as fact, & #jurors are listening intently, a reminder that jurors take many cues from judges - as the impartial arbiter & why #Trump's attacks on judges are stupid.
Besides this case, today there's a hearing to determine the sufficiency of Trump’s #civil #fraud #bond for the $454M penalty, & Thurs, #SCOTUS hears arguments on his bs #immunity defense.
“The court cautions defendant that this #Sandoval ruling is a shield, not a sword,” Merchan said. Defense arguments at court could prompt him to reconsider where he draws the line on these issues, he added.
The #jury is now in the courtroom. Justice Juan #Merchan is reading them their instructions.
#criminal #law #Trump #TrumpTrial #ElectionInterference #HushMoney
#Merchan read his #Sandoval decision re:
the #civil #fraud finding that he misstated his assets; his 2 violations of a #GagOrder stemming from that case; 2 separate court findings of #defamation of #EJeanCarroll; & the dissolution of the #Trump foundation as part of a settlement w/the NYAG. The judge said he would not allow prosecutors to discuss in detail the underlying facts of those matters — but added a warning that could change.
Lawyers indicated that their opening statements will take a little more than an hour combined. Justice Juan #Merchan also noted that one #juror reached out before court resumed to express nervousness about the media attention surrounding the case, but the judge added that the juror is still here.
#law #Trump #AlvinBragg #ElectionInterference #HushMoney #JuryTampering #WitnessIntimidation #StochasticTerrorism #MAGA #MobTactics