Former President Donald Trump's chief defense witness is expected to return to the stand on Tuesday, a day after receiving a a hard dress down of the judge supervising the trial.
Attorney Robert Costello's testimony is aimed at discrediting the prosecution's star witness, Michael Cohen, who ended his own time on the stand Monday. Costello said he met and spoke with Cohen numerous times beginning in April 2018, after Cohen's home and office were searched by FBI agents.
Costello told jurors Cohen told him Trump “knew nothing” about the $130,000 payment Cohen made to adult film star Stormy Daniels in 2016. In exchange for the money, Daniels agreed to stay silent about an alleged sexual encounter with Trump years earlier. Cohen placed the money himself and testified that Trump was aware of a plan to falsely conceal the purpose of the payments to reimburse him. Trump has pleaded not guilty and denies Daniels' claim.
But Costello's testimony was overshadowed by a confrontation with the judge, Juan Merchan, who angrily chastised him for his behavior on the stand.
Costello interjected several times, saying “go ahead” and “go away,” after Merchan sustained prosecutors' objections to the questions. The judge ordered the jury removed from the courtroom so he could remind Costello of “decency” in his courtroom.
Costello looked at Merchan and the judge snapped. He ordered members of the tribune, most of whom were press, to clear the room as well. A transcript released later revealed what unfolded behind closed doors.
“I am warning you that your conduct is contemptuous,” Merchan said. “If you try to look at me one more time, I'll kick you out of the stands.”
Costello said he understood and asked if he could speak.
“No. No. That's not a conversation,” the judge replied.
Costello will return to the booth to kick things off Tuesday morning.
