The big news from Donald Trump’s Manhattan criminal hush money trial Monday was Judge Juan Merchan clearing the courtroom so he could reprimand the Trump legal team’s combative witness, Robert Costello — who had spent the last several days publicly attacking the judge and the proceedings.
Costello, a lawyer, previously advised Michael Cohen, the longtime Trump fixer who is now prosecutors’ key witness in their case against the former president. During Costello’s testimony, Merchan admonished Costello for audibly and visibly reacting — including apparently rolling his eyes — in response to his rulings on objections raised by prosecutors.
“I’m putting you on notice that your conduct is contemptuous right now. If you try to stare me down one more time, I will remove you from the stand,” Merchan said after clearing the room of journalists and observers. “I will strike his entire testimony,” the judge warned Trump’s legal team.
Trump’s lawyers called Costello as their second witness in an attempt to cast doubt on Cohen’s claims — including his assertion that Trump personally approved a $130,000 payment to porn star Stormy Daniels to stay quiet about their alleged sexual encounter. Costello’s appearance instead primarily drew attention for his failure to adhere to “proper decorum in the courtroom,” as Merchan put it.
Costello had spent the past few days publicly assailing the judge. During a congressional hearing last week led by House Republicans, Costello suggested that Merchan’s role presiding over the Trump trial is politically motivated.
“I mean, there’s no coincidences here,” Costello said at the hearing. “The fact that Judge Merchan has had all of these cases — and by the way, when he finishes with the Donald Trump case, Steve Bannon is next. Out of all the judges in New York County, somehow they keep on coming up with the same judge. Coincidence? I don’t believe in them.”
In the congressional hearing, Rep. Elise Stefanik (R-N.Y.) brought up Merchan’s gag order in the case blocking Trump from attacking witnesses and court staff — which the judge expanded to cover his own relatives after Trump repeatedly attacked his daughter for her work as a Democratic consultant.
Stefanik asked whether Merchan’s gag order “is unprecedented lawfare.” Costello responded, “As far as I know, absolutely.”
He did not take Stefanik’s bait when she asked whether it’s true that Merchan’s daughter “is raising millions of dollars off of this sham case?”
“I have to say I’ve read that in the media,” Costello said. “I don’t know it of my own knowledge.”
On Sunday, Costello appeared on Judge Jeanine Pirro’s radio show and offered Merchan some unsolicited advice.
“I think that the judge should refuse to give this case to the jury,” he said. “But I also think that he is not going to take that step, that he will allow the case to go to the jury, even though he shouldn’t. There’s just no proof here. There’s all sorts of problems with this case.”
After the proceedings, former Trump lawyer Alan Dershowitz — who attended the trial Monday along with several other Trump allies — defended Costello’s performance on Pirro’s show.
“I didn’t see him roll his eyes,” Dershowitz said, adding that Judge Merchan “was obviously intimidated by this witness.”
