Judge Juan Merchan, overseeing the hush money trial involving former President Donald Trump, cleared the courtroom and admonished defense witness Robert Costello for being rude.
On Monday, the prosecution wrapped up its case after Trump “fixer” Michael Cohen left the stand. Costello was a lawyer who “at one point had advised Michael Cohen,” according to CNN anchor Jake Tapper, and the defense called him in to question Cohen’s credibility.
“What’s going on is, Costello is really expressing disdain for Judge Merchan’s ruling,” Tapper said. “Costello shakes his head as if he were exasperated when Merchan sustained an objection from the prosecution about one of the questions. At another time, when the prosecution objected, Merchan told the lawyers to approach the bench and Costello could be heard saying on the microphone, ‘Ridiculous!’” Tapper added, “Then, at another time, there was another objection that was sustained, Costello lets out a, ‘Jesus!’”
During questioning by Trump’s legal team, Costello became visibly frustrated when prosecutors from Alvin Bragg’s office interrupted him, leading him to raise his voice in response. This behavior drew a stern reaction from Judge Merchan, who, after ordering the jury out of the room, engaged in a tense staring match with Costello.
After the jury was cleared, Merchan addressed Costello, saying, “Mr. Costello, I’d like to discuss proper decorum in my courtroom, OK?” to which Costello responded, “Right,” according to the Daily Beast. Judge Merchan further emphasized that Costello had no right to “act out” in his courtroom, regardless of his feelings about rulings on objections to particular questions.
“I’m the only one who can strike testimony in the courtroom. If you don’t like my ruling, you don’t give me side-eye, and you don’t roll your eyes. Do you understand that?” Merchan asked him. “I understand that,” Costello replied.
The situation escalated into a personal confrontation when Costello refused to break eye contact with Judge Juan Merchan. “Are you staring me down right now?” Merchan asked, turning back to face Costello. Following this exchange, Merchan ordered court officers to clear the room of reporters and the public, allowing him to address Costello privately, as reported by the outlet. A transcript later released by the court suggests that Merchan had a strong reaction to Costello’s assertive behavior.
“Your conduct is contemptuous right now. I’m putting you on notice that your conduct is contemptuous. If you try to stare me down one more time, I will remove you from the stand,” Merchan told Costello. The judge then turned to Trump attorney Emil Bove and warned him to control his witness. “I will strike his entire testimony; do you understand me?” Merchan told him. “Yes, Judge. I understand,” Bove responded.
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