The presiding judge over Donald Trump’s criminal investigation in Manhattan, Judge Juan Merchan, censured ex-president Trump’s legal representatives on Thursday and rejected their second plea for a mistrial within the week.
Merchan highlighted that the fault lay with Mr Trump’s solicitors for permitting Stormy Daniels, an actress in pornographic films, to publicly disclose explicit aspects of her claimed sexual liaison with Trump, dating back to 2006. This involved her near loss of consciousness and Trump’s decision to not use a contraceptive.
Twice have Trump’s lawyers objected to this account used as grounds for a bid to declare a mistrial. They argue it sways the jury’s judgement and does not pertain to the allegation of Trump committing a crime by fabricating business documents. “It’s a distinct signal for rape,” lawyer Todd Blanche alleged on Thursday.
However, Judge Merchan vehemently expressed that Blanche, along with Trump’s other lawyers, had themselves given consent for such provocative details to be revealed within the case. Blanche, in his commencement statement, categorically denied the occurrence of the sexual encounter, which implied that the jury must either trust Mr Trump or Ms Daniels. The judge clarified that Ms Daniels’ narrative could potentially validate her credibility.
“By denying it, you’re forcing the jury to decide who they trust – Donald Trump who claims no such encounter took place, or Stormy Daniels who asserts it did,” Judge Merchan voiced. “These particulars bolster authenticity if the jury opts to believe them.”
The judge additionally reprimanded Trump’s lawyer, Susan Necheles, for her failure to interject when Daniels was questioned about Trump’s choice to abstain from using a contraceptive.
“Why she wouldn’t protest against the mention of a contraceptive, I can’t fathom,” he stated.
Merchan refused to alter a directive for silence that proscribes Trump from defaming any witnesses, including Daniels, as well as the jurors.
Blanche insisted it was unjust to not allow Trump to counter accusations towards him. “He must have the opportunity to defend himself to the American population,” he asserted.
But the judge rejected that appeal, expressing his concern over the potential message it might convey to other witnesses if he were to remove the gagging order, especially with regards to Daniels, who had completed her testimony.
“As observed by other witnesses, like Michael Cohen, your client will proceed with his proposed actions,” was the comment made. “The imposing of the gag order is precisely due to this antagonistic approach. The intensity and venom of these actions… the past behaviour of your client is self-evident on this point,” he added.
The judge reached a conclusion after a full day of Mr Trump’s attorneys attempting to tarnish Ms Daniels’ reputation. They questioned her motives for accepting a silence payment during her persistent critical testimony.
Ms. Necheles quizzed Ms. Daniels on her decision to keep her story hidden during the final phase of the 2016 campaign, rather than to trade it for profit. It was proposed by Ms. Necheles that Ms. Daniels desired to harm Mr. Trump due to his anti-gay marriage and anti-abortion stance.
“I intended to hold a press briefing in 2016. My aim was for the truth to be told,” declared Ms. Daniels, emphasising she sought a paper trail. “No specific person was asked for money; the request was for funds to share my tale.”
Former president Mr. Trump is facing 34 criminal charges for fabricating business records, relating to payments made by his attorney Michael Cohen in 2016. The payments were aimed at preventing Daniels from disclosing details of their purported affair.
Although the silence payment lawsuit is the first of four criminal suits filed against the ex-president to make it to jury trial, the remaining three are significantly delayed, possibly ruling out start dates prior to the presidential election in November. This information comes from The Guardian.