Topline
The judge in former President Donald Trump’s criminal hush money case denied Trump’s plea for a mistrial on Thursday, after the defense argued testimony from adult film star Stormy Daniels was prejudicial, according to reporters in the Manhattan courtroom—Trump’s second unsuccessful mistrial bid this week.
Former President Donald Trump has been fined $10,000 for violating his gag order in his criminal ... [+]
Key Facts
Todd Blanche, an attorney representing Trump, argued after the jury was dismissed Thursday afternoon that Daniels was able to tell a “completely different version of events” in her highly anticipated testimony than what she had said previously, multiple outlets reported—Daniels offered salacious and specific details this week on her alleged affair with Trump in 2006.
Blanche called out a specific part of Daniels’ testimony from earlier this week, when she said she spanked Trump with a rolled-up magazine, with Blanche saying the statement “almost defies belief that we’re here about a records case.”
New York Supreme Court Justice Juan Merchan rejected the mistrial request, saying he “disagree[d]” with Blanche’s assessment that Daniels provided a new account than what she had previously alleged.
Merchan denied a second motion from Blanche on Thursday to alter the gag order imposed on Trump in the trial to allow the former president to respond to Daniels’ testimony.
Under the gag order, Trump is prohibited from making public comments about potential witnesses, counsel, jurors and court staff, as well as their family members (Trump falsely claimed the order also prevents him from testifying, though he admitted Friday morning he can still testify in the trial).
Blanche unsuccessfully called for a mistrial on Tuesday over what he claimed was a prejudicial testimony by Daniels, when she recounted an incident in 2006 when Trump did not wear a condom—Merchan denied the request, but acknowledged at the time “that there were some things that probably would’ve been better left unsaid.”
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Contra
Prosecutor Joshua Steinglass rejected Blanche’s claim that Daniels’ testimony was prejudicial and that it represented a change from what she previously said, calling Blanche's claim "flat out untrue." Steinglass also said there were “very salacious details” that Daniels left out of her testimony.
Tangent
Merchan, who is overseeing the case and levied the gag order against Trump, issued Trump a $9,000 fine earlier this week on nine separate violations of the gag order, and while Merchan opted against sentencing Trump to jail time, he warned Trump that he could go that route for future violations. Trump was fined an additional $1,000 earlier this week following another hearing on four additional alleged gag order violations, including Trump’s comments about witness and former National Enquirer publisher David Pecker, as well as members of the jury—Trump argued the jurors are mostly Democrats.
Chief Critics
Trump has blasted the order repeatedly since the trial started. Blanche claimed Trump’s comments were responses to both reporters’ questions on witnesses and online attacks he received by his former attorney Michael Cohen and adult film star Stormy Daniels, two critics of the former president at the center of the hush money case. Blanche last week added the gag order should not apply to Cohen or Daniels, who are both expected to testify, arguing Cohen “has started going on TikTok nightly and literally making money” from attacks on Trump, and that Daniels has also criticized Trump. Speaking outside the courtroom on Thursday, Trump claimed he is “not allowed to talk to [reporters] about anything meaningful that’s going on in the case,” saying it “shouldn’t have been filed.” Trump’s attorneys have also appealed the gag order and asked an appeals court last month to delay the start of the trial, though that court denied his 11th hour delay bid. Trump later asked the court to expedite the appeal.
Key Background
Trump’s Manhattan trial began with jury selection last month despite repeated efforts by the former president’s legal team to delay the proceedings. Trump faces 34 felony charges of falsifying business records stemming from a reimbursement to Cohen for a $130,000 hush money payment he made to Daniels to conceal an alleged affair with Trump ahead of the 2016 election. Prosecutors claim Trump misidentified a series of payments to Cohen as legal services, though Trump has denied any wrongdoing and his attorneys claimed the payments were personal expenses. While Trump has pleaded not guilty, Cohen admitted to the hush money payment and pleaded guilty in 2018 to federal charges of causing an unlawful campaign contribution.
What To Watch For
If Merchan finds Trump in contempt of court for further gag order violations, he could fine him a maximum $1,000 per violation under New York state law. Trump also faces the possibility of up to 30 days in jail per violation. Multiple legal experts told Forbes that a jail sentence could result in the former president being sent to New York’s notorious Rikers Island, though Willamette University criminal law professor said she doubts Trump would be sentenced to over 30 days in total for gag order violations.
