Judge Juan Merchan on Thursday scolded Donald Trump’s lawyer, Susan Necheles, for failing to raise more objections during adult film star Stormy Daniels’ testimony. He then denied Trump’s motion for a mistrial for the second time this week.
Merchan said his rejection of the mistrial motion was based on his observation of the defense team’s action, or inaction, when Daniels was on the stand. There were “many times Ms. Necheles could have objected but didn’t,” Merchan said.
As he had on Tuesday, the judge acknowledged that he did not approve of certain parts of Daniels' testimony. However, he didn’t seem to approve of Necheles’ performance either, questioning why the defense wouldn’t object to Daniels' allegations on Tuesday that Trump did not use a condom when they had sex.
“Why on Earth she wouldn’t object to the mention of a condom, I don’t understand,” Merchand said, The Washington Post reported.
Trump’s legal team pushed for a mistrial on Thursday based on Daniel’s testimony where she didn’t explicitly say her sexual encounter was rape but expressed it was unexpected. One of the former president's lawyers, Todd Blanche, claimed her testimony amounted to a “dog whistle for rape.” Denying the request, Merchan said prosecutors had the right to “rehabiliate” Daniels’ credibility to the jury as Blache, in his opening statement, denied that their alleged sexual encounter ever took place.
Trump did not take kindly to Merchan's comments or his decision not to partially lift the gag order to allow him to attack Daniels in public (Trump could respond to her if he took the stand in his defense).
“JUAN MERCHAN, IS PRESIDING OVER THE DEATH OF THE NEW YORK CITY AND STATE SYSTEM OF JUSTICE. THE WORLD IS WATCHING!!!” Trump wrote on his website, Truth Social.
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