Trump trial: Judge clears press from courtroom to scold defense witness for rolling eyes, talking back

Michael Cohen, former lawyer of Donald Trump, departs his home in Manhattan to testify in Trump’s criminal trial over charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in New York City, on May 20, 2024.

Eduardo Munoz | Reuters

Judge Juan Merchan on Monday cleared members of the press from his courtroom to deliver a lesson in “proper decorum” after a witness called by Donald Trump’s lawyers gave the judge an attitude on the stand.

“Clear the courtroom!” Merchan said after warning the witness, attorney Robert Costello, about his repeated reactions to the judge sustaining objections from prosecutors.

“If you don’t like my ruling, you don’t say, ‘jeez,'” Merchan told Costello before reporters were cleared out of the room.

“You don’t give me side eye and you don’t roll your eyes,” he said.

Prosecutors and Trump’s attorneys, as well as his surrogates, were not required to leave the courtroom. Eric Trump, who was present in the room, wrote on social media site X that Merchan’s treatment of Costello “is 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 Michael Cohen, Trump’s former personal lawyer and fixer.

Before being upbraided on the witness stand, Costello discussed his interactions with Cohen after federal agents raided his office in April 2018.

Costello 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.”

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.

In this courtroom sketch, Michael Cohen is questioned by prosecutor Susan Hoffinger on redirect during former U.S. President Donald Trump’s criminal trial on charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York City, on May 20, 2024.

Jane Rosenberg | Reuters

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.

Cohen is a key witness against Trump, having previously testified that he paid porn star Stormy Daniels $130,000 before the 2016 presidential election to keep her quiet about allegedly having sex with Trump once a decade earlier.

Prosecutors have said Cohen will be their last witness in the trial.

Blanche is expected to wrap up his cross-examination on Monday. It is not clear if they will call Trump to the witness stand.

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Defense attorneys hedged last week when Judge Juan Merchan asked if they would call any defense witnesses at all to testify.

Trump told a reporter last month, “I would testify, absolutely.”

In this courtroom sketch, Michael Cohen is questioned by prosecutor Susan Hoffinger on redirect before Justice Juan Merchan, as former U.S. President Donald Trump watches during Trump’s criminal trial on charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York City on May 20, 2024.

Jane Rosenberg | Reuters

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.”

Former U.S. President Donald Trump sits in the courtroom at Manhattan Criminal Court with his attorney Todd Blanche (L) in New York City on May 20, 2024.

Michael M. Santiago | Getty Images

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.

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

This is developing news. Please check back for updates.

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