Trump’s defense team has moved for a mistrial over Stormy Daniels’ testimony
“We move for a mistrial based on the testimony this morning,” defense attorney Todd Blanche said following the lunch break.
“The guardrails by this witness answering questions by the government were just thrown to the side,” Blanche said.
“There is no remedy that we can fashion … to unring this bell,” Blanche said about the impact of Daniels’ testimony.
Blanche argued the prosecutors wanted to embarrass Trump and inflame the jury and was far afield from a case about falsification of business records.
“She talked about a consensual encounter with President Trump that she was trying to sell,” Blanche said. “We heard a completely different story.”
Blanche argued that the testimony regarding condoms, being “blacked out” and and the “power dynamic” prejudiced the jury.
“This has nothing to do with the reason why we’re here,” Blanche said. “How can you un-ring a bell?”
The prosecution pushed back.
“Her account completes the narrative that precipitated the falsification of business records,” Hoffinger said. “It is precisely what the defendant did not want to become public.”
Interesting. Harvey Weinstein’s conviction in New York was thrown out over something like that.
In Weinstein’s case the prosecution brought in testimony from women who weren’t part of the charges that were actually being tried, though, which is a pretty big difference from what happened here. Clifford is kind of central to this case.
I’m not a lawyer, so interested in learning…
Isn’t this what the purpose of objecting is? If the defense fails to object while it’s happening… Isn’t that kinda on them?
Yes. Mistrial is only even something irreversible happens and the trial became unfair. If you didn’t call bullshit at the time, you are not allowed to complain about everything later. And because you didn’t object, there’s also no preserved issue for appeal.
Btw I think the judge would be able to base their opinion in latches. But I might be wrong.
If you object and stop it you can’t ask for a mistrial.
IANAL but if you don’t object you still can’t all for a mistrial unless you argue that the defense given by the lawyers was literally incompetent, and I’m far from an expert but i think that’s a pretty hard bar to reach. Especially if pre-trial they would put that lawyer on the stand and ask why they didn’t object during the testimony but only complained after the testimony, and i can’t imagine any valid argument that would be accepted by a court.
Bottom line, I’m not an expert at all, but if they purposely didn’t object so that they could ask for a mistrial, I’m pretty sure that won’t at all
I agree with you, but that’s exactly what they did. As others like to point out the only play he has to get away with his alleged activities is to delay until after the election, if he wins then his legal problems magically all go away or he loses and we find out if he stays to finish any legal battle or he goes the route of Edward Snowdon.
But the defendent is in prison during the appeal. Not sure they thought that through.
I’m not a lawyer either but to quote the judge from the link in the replies
“I was surprised that there were not more objections,” from the defense team he added. “At one point, the court … objected, because there was no objection coming from the defense.”
Their next motion will be to declare a mistrial because the defense is so incompetent.
I wonder if they didn’t object specifically to allow testimony they planned to declare prejudicial.
Been following the NYT live coverage for most of the day. The defense claimed that they did not object more because there was intense discussion before the jury was brought in for the day about what the prosecution could cover in Daniels’ testimony. The defense believed that the questions asked were following what the prosecution and judge had agreed upon and that their objections would not be received well.
It’s a flimsy justification, but that was their response during the mistrial discussion.
Well, that’s a spin! And one I don’t buy fully. Make the objections anyway and get shot down, but I personally think they wanted the mistrial motion, which they had to know also wouldn’t work…
My thoughts exactly.
That’s what I believe they are doing. Trump has decent lawyers for his criminal trial. They’re ruining their credibility as good lawyers, but they absolutely DO understand the law.
They knew they could object but chose not to so they could file for a mistrial. Of course, as has been pointed out, defense would have needed to object at the time. But they have to try something. Shit like this seems to buy them delay time more often than not.
I dont think Trump can afford the same quality of lawyers as 4 years ago
This, but only partly because of his own wealth/liquidity. He’s a difficult client, late at paying his bills, and being associated with him smears your name with half the country, including even a not-insignificant percentage of rich assholes…
From the lawyers that don’t reject him at any hourly rate, he’s likely now getting the “Fuck you” price, where you don’t want the job but you put out a crazy number to avoid simply saying no.
Maybe he could if he didn’t blow all his money on
avocado toastpaying hush money to porn stars. Oh and the defamation civil suits with the woman he raped…Don’t forget he stiffed Michael Cohen out of some of those hush money payments. It was probably a reflective move from a lifetime of dumping on friends.
Or his lawyers are going to appeal and say “See? It was so bad the judge even said something!”
Yes. The judge pointed it out to them:
“I was surprised that there were not more objections” from the defense team, the judge added.
“At one point, the court … objected, because there was no objection coming from the defense,” he said
Because this was their plan all along.
That’s fine.
Convicts in New York start their sentence during the criminal appeal process.
Is the second quote saying that the judge stepped in because the defense was being so shit?
Your honor I demand a mistrial due my client’s ineffective counsel!
Yes
Trump lawyer: I move for a bad court thingy.
Judge: You mean a mistrial?
Trump lawyer: Yeah. That’s why you’re the judge and I’m the law talking guy.
Judge: The lawyer.
Trump lawyer: Right.
"Your Honor, I move that I be disbarred for introducing this evidence against my own clients. "
Objection!
On what grounds?
It’s devastating to my case!
I’m just hear to hear the details about Trump’s massive hog.
I think you misheard something. It resembles a truffle. Not a truffle hog.
Tastes fantastic and is very expensive?
Stinky, and a-morel?
Very expensive for the size, and most people tolerate it at best while pretending that it’s God’s gift to humanity.
Oh so it’s more like truffle oil?
It’s more like artificial truffle flavoring sprinkled over a big mac.
You heard it here everyone, SatansMaggotyCumFart is hopeful about the remote possibility that Trump’s dick tastes fantastic and is very expensive.
That objection was sustained.
…just like that massive hog was for more than 4 hours.
I think autocorrect did you dirty - I believe you meant “Trump the massive hog.”
No I was talking about Trump’s penis.
Were you though? Because Jimmy Kimmel asked Stormy Daniels to show which mushroom was closest to Trump’s penis out of a selection and this was the one she picked:
Obviously it was hiding in a more defensive position.
I’ve got some bad news for you…
Relative to an ant?
lol
“Your Honor! How can my client possibly get a fair trial after the jury has heard what he did? This bell can not be unrung!”
–Trump’s Laywers, probably
| Trump’ lawyers actually
Delay, delay, delay, delay, …
lol get fucked traitors
“I don’t believe we are at the point where a mistrial is warranted,” Merchan said.
I was gonna say, that’s hilarious but nah. I think that’s what the judge thinks as well.
Legally speaking that’s some bullshit.
Saving us clicks : many thanks :)
Good!
I have a feeling he doesn’t have the best lawyers representing him.
Blanche was actually a pretty respected prosecutor turned defense attorney, its surprising he took the case unless he wanted to get out of law and this was his swansong before transitioning to some sweet talkinghead gig or other well-paid right-wing political operative role
Blanche used to be a respected lawyer. I hope the payday was enough to pay for the reputational damage he’s taking.
“I was surprised that there were not more objections,” from the defense team he added. “At one point, the court … objected, because there was no objection coming from the defense.”
Either they are bad lawyers or they were strategically withholding their objections in order to file the mistrial motion. I fully expect this to be brought up again in an appeal, assuming Trump loses the case.
May it be too late for CheeseTurd by then.
That’s exactly what they were aiming for. It was their hail Mary because they know they don’t have an actual defense
Convicted defendents in New York stay in prison during the appeal process. But of course we wont see that fucking happen because money reasons.
Can they file for a miss trail on the grounds that they themselves didn’t do the thing that’s expected of them in the time it was expected for them to do it.
Surely a lawyer can’t deliberately do a bad job, and then file for a mistrial.
If he paid lawyers, he might get good ones.
“But Merchan says he was also surprised there were not more objections from the defense and that, at one point, he stepped in of his own accord to restrict Daniels’ testimony.”
Yeah historically they like being paid and really aren’t jumping at the chance to do polarizing work for free
I’ve been following this trial very closely. Trump is the problem. He demands that his lawyers challenge everything very aggressively. He is enraged if his counsel accepts even trivial facts that make no difference either way. The bigger question is why they put up with his tantrums.
Money, probably…
He’s not gonna pay. He’ll say he lost so why pay. He’s got almost 500 million on bond for business fraud, 5 million for rape of Ms. Carroll, I think I’m missing another big one, and he’s freaking out at donors for not giving enough.
He’s got no field offices set up and only really doing campaign rallies, if you don’t count the desperate emails begging for donations. The only thing keeping his “campaign” going right now is the cult.
He’s been having to pay up front since he lost White House counsel.
Don’t you think his lawyers insisted on a large retainer up front? They all know his finances.
There have been loads of people who knew he doesn’t pay and still thought they’d be the exception.
He’s literally having to pay up front. Kise got a $5M retainer.
Yes, but also in their defense they don’t have the best client. It’s like they deserve each other.
