Trump trial live updates as defense witness Robert Costello returns to the stand
get the free appThe main witness in former President Donald Trump's defense is back on the stand on Tuesday, one day after he got a harsh dressing down from the judge overseeing the "hush money" trial.
The testimony by attorney Robert Costello is aimed at discrediting the prosecution's star witness, Michael Cohen, who wrapped up his own time on the stand Monday. Costello said he met and spoke with Cohen many times beginning in April 2018, after Cohen had his home and office searched by FBI agents.
Costello told jurors that Cohen told him Trump "knew nothing" about the $130,000 payment that Cohen made to the adult film star Stormy Daniels in 2016. In exchange for the money, Daniels agreed to remain quiet about an alleged sexual encounter with Trump years earlier. Cohen put up the money himself, and testified that Trump knew of a plan to falsely disguise the purpose of payments reimbursing 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 castigated him over his behavior on the stand.
Costello interjected several times — saying "geez" and "strike that" — after Merchan sustained prosecutors' objections to questions. The judge ordered the jury removed from the room so he could remind Costello about "decorum" in his court.
Costello stared at Merchan, and the judge erupted. He ordered members of the gallery, most of whom were press, to clear the courtroom as well. A transcript released later revealed what unfolded behind closed doors.
"I'm putting you on notice that your conduct is contemptuous," Merchan said. "If you try to stare me down one more time, I will remove you from the stand."
Costello said he understood, and asked if he could speak.
"No. No. This is not a conversation," the judge replied.
Costello is set to return to the stand to kick things off Tuesday morning.
Costello goes over emails with Cohen from 2018
Under cross-examination by prosecutor Susan Hoffinger, Costello walked through a series of emails he sent to Cohen over a course of several months in 2018.
Many of them referenced Costello's conversations with Giuliani, Trump's newly named personal attorney, including one in which Costello says he can be a "back channel" to Giuliani. In another, he told Cohen he was "loved" and has "friends in high places."
"Friends in high places definitely refers to President Trump, yes?" Hoffinger asked.
"I think that's reasonable to conclude," Costello said, noting he didn't remember specifically.
Hoffinger then brought up an email Costello sent to Jeffrey Citron, his law partner, in May 2018: "Our issue is to get Cohen on the right page without giving him the appearance that we are following instructions from Giuliani or the President."
On the stand, Costello said they were trying to "get everyone on the same page, because Cohen had been complaining incessantly. Giuliani had been making statements to the press that Cohen did not approve of."
Costello returns to the stand
A day after being chastened by the judge, who asked if Costello was "staring me down," Costello has been called back to the stand.
Costello's antics Monday caused Merchan to take the extremely rare move of clearing the courtroom of all members of the public. He then threatened to strike Costello's entire testimony, according to a transcript of the exchange.
Costello is a rebuttal witness, called to counter specific gaps the defense claims were in Cohen's testimony. Merchan restricted what he could be asked about, leading to sustained prosecution objections as defense attorneys asked questions beyond Merchan's bounds Monday.
As Merchan sustained the objections, Costello rolled his eyes and, according to Merchan, broke decorum.
Both sides indicated they're close to finishing their questioning of the disruptive witness.
Donald Trump Jr. attends trial for the first time
Eric Trump has long been the only member of Trump's family to attend the trial, sitting in the front row on several occasions.
Today, one of Trump's other adult sons showed up: Donald Trump Jr. took the seat often occupied by Eric.
In addition to Trump Jr., the seats often filled by an ever-changing assortment of Trump's allies include former acting Attorney General Matt Whitaker, former Florida Attorney General Pam Bondi, Sen. Eric Schmitt and Reps. Daniel Webster, Dan Meuser, Ronny Jackson, Troy Nehls, Dale Strong and Maria Salazar. The group also includes former aide Sebastian Gorka, actor and former Hell's Angels chapter president Chuck Zito, actor and radio host Joe Piscopo, and businessman Bill White.
Gorka walked in holding what appeared to be a steel briefcase. Contents unknown.