Judge Juan Merchán on Thursday denied Trump's defense attorneys' request to mistrial and modify the gag order, arguing that the former president should be able to defend himself against Stormy Daniels' lewd and “prejudicial” testimony.
Trump's defense attorney, Todd Blanche, first requested a mistrial Tuesday after Daniels' first day on the stand, but was denied. Merchan, however, admitted that she was a difficult witness to control and said that much of her testimony was “unnecessary” and “irrelevant” to the charges.
Trump's lawyers again requested a mistrial on Thursday.
Blanche said prosecutors asked Daniels “a lot of questions” that should never have been asked, pointing to questions about the porn actress' childhood and her alleged interactions with Trump. Blanche argued that they were “things that are irrelevant to the facts of this case.”
Blanche reminded that the case is not about sex and again stressed that Daniels' testimony was “extraordinarily prejudicial for the jury to hear.”
Blanche went on to say that many of the questions asked by the prosecution were “prejudicial.”
THE STORY OF THE STORMY DANIELS SALAZATION AFFAIR KEEPS CHANGING BECAUSE THE ENCOUNTER NEVER HAPPENED, TEAM TRUMP CLAIMS
“It's so dangerous, so damaging, that it bordered on a problem from the beginning,” Blanche said, adding that Daniels' testimony and the story about the alleged sexual encounter continued to change.
Defense attorney Susan Necheles testified Thursday that Daniels “made it up.”
Stormy Daniels and Donald Trump. (Getty Images)
Meanwhile, Blanche was addressing the lewd and sexually explicit questions asked of Daniels during prosecutorial questioning, emphasizing that the questions had nothing to do with the alleged falsification of business records, which are the only charges Trump faces. .
Prosecutor Josh Steinglass defended Daniels and her testimony, saying “it's not a change of story.”
“They're trying to have their cake and eat it too,” Steinglass said.
Merchan explained that in each trial the evidence arrives in different ways.
Merchan reminded Blanche that during their opening argument, she denied that Trump had a sexual encounter with Stormy Daniels.
“His refusal puts the jury in the position of deciding who to believe,” Merchan said, adding that the defense could have objected many times during Daniels' testimony, “but they didn't.”
Regarding one explicit detail, Merchan said he agreed that “it shouldn't have come to light… but for the life of me, I don't know why Ms. Necheles didn't object.”
Stormy Daniels testifies during the criminal trial of former US President Donald Trump accused of falsifying business records to hide money paid to silence porn star Stormy Daniels in 2016, at Manhattan State Court in New York City, USA, on May 9, 2024 in this courtroom sketch. . (REUTERS/Jane Rosenberg)
Merchan told Blanche that he made the decision to redact things from the record to “protect” Trump, and said he disagrees with any change in narrative, while adding that the details “add a sense of credibility.”
Merchan denied the motion.
Prosecutors on Thursday also said they would no longer call as a witness Playboy model Karen McDougal, who was also allegedly paid to maintain her silence about an alleged affair with Trump.
Steinglass defended the decision, saying they did not “change their mind” about calling her and said prosecutors never formally decided whether they would use her as a witness during the trial.
TOP 5 MOMENTS FROM TRUMP'S TRIAL AFTER TESTIMONY FROM STORM 'SALACIOUS' DANIELS
Meanwhile, Blanche also asked Merchan to modify the gag order imposed on the former president, which prevents him from speaking about court staff and witnesses. Blanche requested that Trump be released to speak about Daniels.
Blanche said Trump should be able to respond to allegations of a sexual encounter with Daniels in 2006, especially now that her testimony is complete and she is no longer an active witness.
Prosecutors, however, argued that the defense “lives in an alternate reality” and defended the gag order, saying it is working. Prosecutors also said Trump's allies are making their case in his favor in news interviews.
But Merchan denied the request, saying his “concern is not just about protecting Daniels.”
“My concern is protecting the integrity of these proceedings as a whole,” Merchan said, adding that the reason the gag order is in place is due to the nature of Trump's potential attacks.
Former US President Donald Trump watches as Stormy Daniels is questioned by defense attorney Susan Necheles during Trump's criminal trial on charges of falsifying business records to hide money paid to silence porn star Stormy Daniels in 2016, in state court in Manhattan in New York City, USA, May 9, 2024 in this courtroom sketch. (REUTERS/Jane Rosenberg)
“Your client's record speaks for itself,” Merchan told Blanche.
Merchan, however, said he would be aware of witnesses using Trump's gag order as a shield.
Merchan placed a gag order on the former president, an order that Trump has violated at least 10 times. He has so far fined Trump $10,000 and warned of jail terms for further violations.
“The last thing I want to consider is jail,” Merchan said Monday. “Are [the] former president and possibly the next president.
Trump has pleaded not guilty to 34 counts of falsifying business records in the first degree. The charges arise from a years-long investigation by the Manhattan District Attorney's Office.
CLICK HERE TO GET THE FOX NEWS APP
The charges are related to alleged payments made before the 2016 presidential election. to silence daniels about an alleged 2006 extramarital affair with Trump.
Manhattan District Attorney Alvin Bragg must convince the jury that Trump not only falsified business records related to alleged hush money payments, but that he did so to further another crime: conspiracy to promote or prevent an election, which That would be a serious crime.
On their own, falsifying business records and conspiracy to promote or impede elections are misdemeanor charges.
