Judge Merchan explains how Trump's lawyer just torpedoed his client's mistrial motion
Former President Donald Trump's defense attorneys were seeking a mistrial in his Manhattan hush money case, on the basis that adult film star Stormy Daniels' salacious witness testimony about their alleged sexual affair were too prejudicial to be part of the evidence for the charges of business fraud, but it was reportedly denied.
Judge Juan Merchan appeared to make clear to Trump counsel Todd Blanche that he is partly to blame for why a mistrial over these details is such a dubious proposition — because he's the reason those details are relevant in the first place.
"Following your motion for a mistrial on Tuesday, I went back to chambers, I pulled out my decisions on both motions for limine, the omnibus decision, and the transcript from Tuesday," said Merchan. "I went back to make sure that there were guidelines and no inconsistencies and after having done so, I came away satisfied, let me back up."
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"Going back to opening statements, Mr. Blanche, in your opening statement, you denied there was ever a sexual encounter between your defendant and Stormy Daniels," said Merchan. "Your denial puts the jury in a position of having to choose who they believe: Donald Trump, who denies that there was an encounter, or Stormy Daniels, who claims that there was."
In other words, the judge reportedly added, "The more specificity Daniels provides the better they can weigh her credibility."
Daniels provided a number of embarrassing and unflattering details in her testimony, including that Trump used the moniker "Honeybunch," for her, that he didn't use a condom, that Trump's marriage was rocky at the time, and that she felt intimidated by the power imbalance and found it hard to object to him.
Trump, who has never acknowledged any affair between the two of them ever happened, at one point was openly cursing during Daniels' testimony in court, prompting Merchan to order Blanche to control his client.