Judge Merchan is ANGRY: MERCHAN ASKS FOR THE JURY TO STEP OUT

[kpete]

Judge Merchan is ANGRY:

MERCHAN ASKS FOR THE JURY TO STEP OUT

MERCHAN: “I’d like to discuss proper decorum in my courtroom”
MERCHAN: “If you don’t like my ruling, you don’t say ‘Jeez’”
MERCHAN: You don’t say “strike it” because I’m the only one who can strike it.
MERCHAN: “You don’t give me side eye and you don’t roll your eyes”
COSTELLO: I understand.

Link to tweet

Link to tweet

Link to tweet

[senseandsensibility]

1. These maga buffoons live their own fantasy world

So glad he's getting his @## handed to him and he deserves a fine.

[Raven123]

2. Note to TFG: Don't mess with the judge.

[Dr. Strange]

3. Not a problem.

He's busy napping.

[Oopsie Daisy]

4. This makes me happy. Happy-happy-happy!

[Hekate]

5. Too funny

[Wednesdays]

6. "Costello engaging in this kind of behavior during a historic criminal trial is shocking, CNN legal expert says"

From CNN's Maureen Chowdhury

(snip)

"The fact that Costello would conduct himself in a trial like this, potentially jeopardizing a case like this, I am actually surprised, but it validates the concerns that have been expressed by members of Trump's defense teams" about why they didn't want to call Costello to the stand, she explained.

"This is unbelievable that he would engage in this kind of conduct" to have the entire courtroom be cleared, Reid added.

Reid also noted that his behavior undermines everything the defense has tried to do for their client for the past week or so. and it's unclear what kind of impact this is going to have on the case.

Reid also said that she personally has "dealt with (Costello) for a decade" and she is "pretty shocked" that he behaving this way on the stand. Despite having animus toward Michael Cohen and ill will toward judge, "the fact that he would engage in this kind of behavior in a criminal courtroom, in a historic case of this nature is truly shocking."

https://www.cnn.com/politics/live-news/trump-hush-money-trial-05-20-24/index.html

[TheBlackAdder]

30. Is TSF trying for the bad council claim? "Costello, I want you to throw a wrench in this trial."

[NanaCat]

49. You can only claim bad counsel of your defence laywers

It doesn't apply to lawyers not on the defence team who are testifying as a witness.

[Oopsie Daisy]

7. QUESTION: If the media were cleared out, how does Katie Phang know what happened?

[Spazito]

11. The Judge first asked for the jury to leave...

the press remained and the Judge reprimanded Costello and it was after that the Judge asked for the court to be cleared. Katie Phang is reporting what happened before the court was cleared.

[Oopsie Daisy]

29. Thanks! That part was unclear.

[ShazzieB]

57. No, the courtroom was complerely cleared, including the press.

However, the part that happened while the court was cleared was included in the teanscript of the day's proceedings that gets released to the press in the evening. Lawrence O'Donnell was reading from it on his show last night.

He spent quite a bit of time talking about what happened, how shocking Costello's behavior was, and how rare it is for a judge to order a courtroom to be cleared like that.

Rhiannon12866 posted the video of that segment last night. Here's the link to the op: https://www.democraticunderground.com/132120063

[Oopsie Daisy]

60. Thank goodness the court reporter took everything down.

I can understand that he'd want the jury to be cleared. But was "clearing the courtroom" of spectators and press something that he did for emphasis and to put fear into the witness?

If so, it seems to have had the desired effect.

[wnylib]

65. I think he cleared the court in order to remove Costello's audience.

With an audience, especially the press, Costello could have continued performing for effect, even to the point of being charged with contempt. It would make a great press story for Trump and his entourage to use for dramatic effect. "The judge charged a defense witness with contempt just for testifying on behalf of Trump."

Clearing the court removed the circus performing atmosphere.

[Oopsie Daisy]

66. That certainly makes a lot of sense. I understand it better now.

I appreciate your explanation and insights.

[Bucky]

47. Katie Phang knows everythang

[ShazzieB]

58. She was quoting from the trial transcript thatcwas released to the press yesterday evening.

Lawrence O'Donnell did the same thing on his show last night, making it clear what the source was (harder to do that in a tweet).

[Prairie Gates]

8. Even Gotti knew to yessir nossir the judge

These Trumpies are beyond belief.

[ArkansasDemocrat1]

39. Oppositional-defiant disorder, the lot of them n/t

[NanaCat]

50. The APA needs to revise that section of the DSM

To have ODD apply to adults as well as minor. It's apparently a primary trait of GQP thugs.

[Irish_Dem]

55. At 18 ODD/ conduct disorder turn into a sociopath diagnosis.

Which is a much more comprehensive diagnosis, outlining the serious personality disturbance.

[TwilightZone]

9. The analyst on CNN said his behavior was "shocking"

She's personally dealt with him for a decade and couldn't believe he'd act that way. She also said she thinks it undermines everything the defense has been trying to do for Trump for the past week and said that this appears to be why much of the defense team didn't want to put him on the stand.

Edit: I'm a little late. Wednesdays covered this a few posts up.

[Oopsie Daisy]

10. No worries. The emphasis helps. I'd overlooked it previously.

[LiberalFighter]

15. I doubt Costello has been a witness in a major trial.

[TwilightZone]

22. He's a former federal prosecutor.

He may not have testified in a major trial, but he's more than familiar with the process and is quite aware of how people are supposed to act.

He's playing to an audience of one, clearly.

[LiberalFighter]

27. I hope he does more and judge finds him in contempt of court.

[Traurigkeit]

33. A week or two in lockup would be good to remind Costello of the Oath he "mistook" as a

federal prosecutor, so long ago.

[twodogsbarking]

12. I am shaking just reading it. Well done.

[PCIntern]

13. These people are CERTIFIABLY insane...

In a courtroom…you STARE DOWN THE JUDGE???

I’ve spent many hours testifying and it boggles my mind that someone would do this. In Philadelphia you’d stand a better than even chance of going to jail for contempt.

[InstantGratification]

26. first offense in a trial like this one is $1000 max

That is set by NY law, but the law does allow for escalating fines and jail time for repeated violations. It makes me wonder if, when he cleared the court room, the judge read him the riot act, hit him with $1000 fine and told him the VERY next time he crossed the line, he would buy himself some time in the Graybar Hotel.

[brakester]

32. "Memo #618" season 5 "The Good Fight"

Costello was GLARING AT THE JUDGE!!!!

It reminds me of the episode in season 5 "The Good Fight" when the newly installed black judge naively makes this rich privileged dude show up in court and the plain RUDE way he treated the judge! That's when the black judge got that blank memo #618 and the mysterious car ride he went on.
That whole episode was chilling! It illustrated the very essence of how the rich and entitled can get away with about anything!

[Boomerproud]

14. Makes you want to imagine the defendant as a witness.

It really would be circus. Is it true Costello and Gumbydon are the only two defense witnesses, or did I read that wrong.

[LiberalFighter]

16. No Abbott?

[COL Mustard]

44. I'd love to see TSF take the stand

The cross would be spectacular!

Alas, he’ll never do it.

[ShazzieB]

59. That's correct.

[jmowreader]

17. You do understand...

…that Trump is fixin’ to be the first president to see the inside of a jail cell since they were locking Ulysses S Grant up for speeding in his horse drawn carriage.

[Bucky]

19. Oh, I hope not

There's still gonna be an election, right?

[Bucky]

18. As a high school teacher, I recognize this dynamic

Obstinate, entitled kids will try to test my authority, get defiant & sarcastic, sometimes even openly sarcastic & rude... as if I'm not the one issuing the grades at the end of the semester.

They're knuckleheads without a plan, no real direction or focus on their lives yet. It's more common with 15 year olds than 17 year olds, but there are some people just never learn to walk their own path. They build their life around smirking "no" at whatever authority figure is telling them to quit wasting other people's time and space.

Apparently Mr Trump's been able to find a lawyer who's living his life that way. Costello seems to forgotten he's also an officer of the court. I reckon he's getting reminded

[LiberalFighter]

31. It astounds me they don't consider the consequences

[senseandsensibility]

20. Best part, according to Eisen's tweet above

Costello said jeezus in front of the jury and the jury reacted negatively. I just love this so much.

[William769]

21. Good!

[Cha]

23. "Perhaps Costello just reinforced to the jury why Cohen didn't want to keep Costello as his lawyer.."

Link to tweet

[Aristus]

24. Isn't this all just a pretty blatant ploy to have a mistrial declared?

A lawyer doesn’t have to be a genius or a 3-D chess player to do that. I suppose the real trick is in engineering a mistrial like this and not being disciplined or disbarred by the ABA for it.

[NanaCat]

51. How would a defense witness in contempt of court

Create a mistrial?

It doesn't follow.

[Ocelot II]

53. The snotty demeanor of a witness for the defense can't cause a mistrial for the defense

if that's what he intended to do (a party can't intentionally cause a mistrial for their own benefit), and in any event the dressing-down was not conducted in the presence of the jury. But if anything, he made things worse for the defense because the jury will associate him (and his behavior) with Trump.

[Aristus]

54. And this is why I practice clinical medicine and not law.

[Oldvet]

56. Yes, it could cause a mistrial

It this could be an argument for reversal on appeal. It was a major structural air by the judge.

This was a possible (and most likely is) 6th amendment violation once he cleared the public and press also.

There is very few reasons a judge can do that, and this isn't one of them.

In this situation you determine "Waller Factors"

https://casetext.com/case/waller-v-georgia/analysis?citingPage=1&sort=relevance

None apply here

There isn't even going to be a requirement for objection by defense for this to work on appeal, and could possibly justify a mistrial..

The defense may not ask for a mistrial, and risk what the jury might do knowing they have this ace in the hole now..

But yes, as entertaining as it was the judge just royally screwed up here.

As people were in euphoria cheering, I immediately became kind of disappointed at what might have just killed the case..

So close to the end as well.

[ShazzieB]

62. None of the legal eagles on MSNBC last night seemed concerned about a mistrial.

They stressed, over and over, how shocking Costello's behavior was, because as an experienced attorney, he should have known better.

Costello's behavior would have been inappropriate coming from any witness. Coming from someone with a background like his, it was gobsmackingly astounding. Merchan, who is known for being very calm and even-tempered, had a strong reaction because Costello was so far over the line that he was practically in the next county. None of the TV lawyers thought the judge did anything wrong.

[Oldvet]

63. The judge was correct to scold him

or even further "beat down". Costello's behavior was grossly inappropriate for a lawyer on the stand.

The judge asking the jury to leave was also appropriate.

The Judge asking the public and press to leave was very likely a violation of the 6th, and didn't pass the Waller factors test.

[DoBW]

25. if somehow, someway defense had need to call Texas gov. ...

then they would get Abbott & Costello

[Rhiagel]

35. Maybe then we could confirm Who really is on first.

[DoBW]

40. Boom! you got me

[KS Toronado]

28. This is why I wish video cameras were allowed

so the voting public can see what a disaster TSF is, especially with the most important election ever in our
Country's history coming up.

[bdamomma]

43. We

the people are getting sidelined, disgusting. I know NY has a policy about not airing a criminal trial, but this involves a criminal who committed an insurrection, and has played a role into hush money payments while he was campaigning to be President. TFS is such a despicable deplorable mob boss thug.

He needs his ass in Prison.

[COL Mustard]

34. It's funny how disconnected some people can be

I went to another site to see what their members were saying, and they all think it’s going great for their guy.

[LiberalLovinLug]

37. I just think people don't understand how Trump and his smarter allies are playing the long game

That when he gets in power, he will dismantle the DOJ, install his own criminal to run it, and proceed to expunge all his charges and crimes.

So it doesn't matter what goes on here as far as shocking the establishment law society. Or shocking Democrats. Or shocking CNN.

It is all red meat for his voters. They see any petulance and disrespect as standing up to a kangaroo court with a corrupt judge who is trying to silence their Dear Leader. They LOVE to hear stories like this.

Its only about getting enough votes to squeak into office. Nothing else matters to them. They don't have shame because the lust for power and money is just over the horizon. And the lawyers who helped usher in the New Gilead will be rewarded handsomely I would presume.

[Bucky]

46. If that works to win an election, the country is doomed

This country really might be too big to be a democracy. I don't know the cut off. But 300 million may just be too damn big for us to have a common ethic.

[NanaCat]

52. When China and India had only 300 million people

They held together despite it all.

It's up to us to decide if behaviour like this in a population so large is a growing pain or a death sentence.

[AllaN01Bear]

36. thanks for clarification. ohm my . musta hit one of the judges hot buttons.

[Kid Berwyn]

38. Costello was Rudy's friend.

Guy and his partners in law thought they were cool bringing down Ed Koch with Rudy, back in the day, per Timothy L. O’Brien.

The fun ended when Rudy welshed on his million dollar lawyers’ tab with the firm.

Ha ha ha.

[DoBW]

41. Drinking buddies ?

toxic is as toxic does

[Kid Berwyn]

48. Bernard Kerik as my witness.

Know your BFEE: Homeland Czar & Petro-Turd Bernie Kerik

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=104&topic_id=2788428

[bdamomma]

42. Judge

Merchan does not play, that is his court. You do not disrespect this Judge.

[Bucky]

45. I'm still just wowed by the juvenile antics

This is how 13-year-olds act when you catch them throwing rocks at the neighbors' tin shed.

These people are not adults.

[jalan48]

61. The good news is the trial is nearing the end in Merchan's court so he won't have to deal with Trump's antics or

have to issue stern warnings or threats to the defense team.

[BobTheSubgenius]

64. A completely superior bit of "judging" there.

Abundance of caution in clearing the courtroom before what was certainly a stern reprimand. No one heard it, but everyone knew it happened.

Afterward, "calm" is exactly the demeanour a judge should be showing. Kudos once again to Judge Merchan.

[Evolve Dammit]

67. Just imagine a second term (or more) for the Orange Chosen One, aka Cheetolini...