Protection witness who angered choose returns to face – NBC New York

A protection witness in Donald Trump’s hush cash case whom the choose threatened to take away from the trial over his habits will return to the stand Tuesday because the trial nears its finish.

Trump’s legal professionals are hoping Robert Costello’s testimony will assist undermine the credibility of a key prosecution witness, Trump fixer-turned-foe Michael Cohen.

However Costello angered Decide Juan Merchan on Monday by making feedback underneath his breath, rolling his eyes and calling the entire train “ridiculous,” prompting the choose to briefly kick reporters out of the courtroom to admonish him.

The choose advised Costello, a former federal prosecutor, he was being “contemptuous,” including, “When you attempt to stare me down another time, I’ll take away you from the stand,” in accordance with a courtroom transcript.

Costello did not instantly reply to a request for remark Monday from The Related Press.

The chaotic scene unfolded after prosecutors rested their case accusing Trump of falsifying enterprise information as a part of a scheme to bury tales that he feared may harm his 2016 marketing campaign. The case is within the ultimate stretch, with closing arguments anticipated the Tuesday after Memorial Day.

The costs stem from inner Trump Group information the place funds to Cohen have been marked as authorized bills. Prosecutors say they have been actually reimbursements for a $130,000 hush cash fee to porn actor Stormy Daniels to maintain her from going public earlier than the 2016 election with claims of a sexual encounter with Trump. Trump says nothing sexual occurred between them.

Trump has stated he did nothing unlawful and has slammed the case as an effort to hinder his 2024 bid to reclaim the White Home. Trump referred to as the choose a “tyrant” in remarks to reporters whereas leaving the courthouse Monday and referred to as the trial a “catastrophe” for the nation.

After jurors left for the day Monday, protection attorneys pressed the choose to throw out the fees earlier than jurors even start deliberating, arguing prosecutors have didn’t show their case. The protection has urged that Trump was attempting to guard his household, not his marketing campaign, by squelching what he says have been false, scurrilous claims.

Protection legal professional Todd Blanche argued that there was nothing unlawful about soliciting a tabloid’s assist to run optimistic tales about Trump, run adverse tales about his opponents and determine probably damaging tales earlier than they have been revealed. Nobody concerned “had any prison intent,” Blanche stated.

“How is conserving a false story from the voters prison?” Blanche requested.

Prosecutor Matthew Colangelo shot again that “the trial proof overwhelmingly helps every ingredient” of the alleged offenses, and the case ought to proceed to the jury.

The choose did not instantly rule on the protection’s request. Such long-shot requests are sometimes made in prison instances however are hardly ever granted.

The protection referred to as Costello due to his function as an antagonist to Cohen since their skilled relationship splintered in spectacular trend. Costello had provided to characterize Cohen quickly after the lawyer’s lodge room, workplace and residential have been raided and as Cohen confronted a call about whether or not to stay defiant within the face of a prison investigation or to cooperate with authorities in hopes of securing extra lenient therapy.

Michael Cohen was again on the stand in former President Trump’s hush cash trial. The protection, as soon as once more, hammered at Cohen’s credibility and his earlier lies underneath oath. Cohen is a key prosecution witness, with first-hand information of the alleged hush-money fee to grownup movie star Stormy Daniels earlier than the 2016 election. NBC New York’s Erica Byfield studies.

Costello within the years since has repeatedly maligned Cohen’s credibility and was even a witness earlier than final yr’s grand jury that indicted Trump, providing testimony designed to undermine Cohen’s account. In a Fox Information Channel interview final week, Costello accused Cohen of mendacity to the jury and utilizing the case to “monetize” himself.

Costello contradicted Cohen’s testimony describing Trump as intimately concerned in all features of the hush cash scheme. Costello advised jurors Monday that Cohen advised him Trump “knew nothing” concerning the hush cash fee to Daniels.

“Michael Cohen stated quite a few occasions that President Trump knew nothing about these funds, that he did this on his personal, and he repeated that quite a few occasions,” Costello testified.

Cohen, nonetheless, testified earlier Monday that he has “little question” that Trump gave him a ultimate sign-off to make the funds to Daniels. In whole, he stated he spoke with Trump greater than 20 occasions concerning the matter in October 2016.

Trump lawyer Emil Bove advised the choose that the protection doesn’t plan to name another witnesses after Costello, although they could nonetheless name campaign-finance professional Bradley A. Smith for restricted testimony. They haven’t stated definitively that Trump gained’t testify, however that’s the clearest indication but that he’ll waive his proper to take the stand in his personal protection.

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Lengthy reported from Washington. Related Press writers Jill Colvin and Michelle Worth in New York; Meg Kinnard in Columbia, South Carolina; and Eric Tucker and Alanna Durkin Richer in Washington contributed to this report.