Judge Juan Merchan, who is overseeing former President Trump’s trial, reprimanded his defense team Thursday for not pushing back more during porn star Stormy Daniels’ most salacious testimony.
In the deposition, Daniels gave explicit details about his alleged sexual encounter with Trump at a 2006 golf tournament, which he denies. Citing those comments, Trump’s lawyers, late in proceedings on Thursday, renewed their request for a mistrial.
Merchan again denied the motion, sympathizing with the defense’s concerns but criticizing Trump lawyer Susan Necheles for not objecting when prosecutors asked Daniels whether Trump had used a condom during the alleged encounter.
“I agree, this should not have been publicized. I wish these questions hadn’t been asked and I wish these answers hadn’t been given,” Merchan said.
“But for the life of me, I don’t know why Ms. Necheles didn’t object,” the judge continued. “Why on earth she wouldn’t object to the mention of condoms, I don’t understand.”
Daniels testified that Trump did not use a condom and she “passed out.” The former president’s lawyers argued that these comments suggested to the New York jury that the alleged encounter did not appear consensual and that Daniels was changing her story.
“This is extremely damaging testimony,” Trump lawyer Todd Blanche told the judge. “This is not a case about sex. This is not a case about whether it happened or not. We completely deny it.”
The court transcript shows that Necheles objected several times as Daniels walked jurors through her alleged encounter with Trump, including just before she was asked about using a condom. Necheles, however, did not oppose this specific issue.
Although he did not agree to a mistrial, the judge agreed to provide the jury with an instruction limiting how they can use some of Daniels’ testimony.
Trump is accused of falsifying business records when he reimbursed his then-fixer, Michael Cohen, after making a secret $130,000 payment to Daniels in October 2016 to keep quiet about his story. Trump has pleaded not guilty to his 34 charges and insists the records are true.
Ella Lee and Lauren Sforza contributed.
This story originally appeared on thehill.com read the full story
