Lawrence: Why Trump's lawyer called him the 'orange turd' during Stormy testimony

MSNBC
9 May 202422:18

Summary

TLDRThe video script details a dramatic courtroom scene involving Donald Trump, his attorney Susan Necheles, and Stormy Daniels. The summary highlights how Necheles, in an attempt to discredit Daniels, repeatedly refers to Trump as the 'Orange Turd,' a term also used by Daniels. The judge, Merchan, later addresses the court, denying Trump's lawyers' motion for a mistrial and a gag order modification. The judge criticizes the defense for not objecting to certain lines of questioning and asserts that Daniels' detailed account of her encounter with Trump is relevant to the case. The summary underscores the tension in the courtroom, the strategic moves by both parties, and the judge's firm handling of the proceedings.

Takeaways

  • 🗣️ Stormy Daniels had a significant impact on the court proceedings with her testimony and remarks, including referring to Donald Trump as the 'Orange Turd'.
  • 📚 Donald Trump's lawyer, Susan Necheles, also used the term 'Orange Turd' while questioning Stormy Daniels, which was part of a strategy to keep her on the witness stand.
  • 👀 Donald Trump was present in the courtroom and was described as sitting with his eyes closed for long stretches during the proceedings.
  • 🚫 Judge Merchan denied the defense's motion to modify the gag order to allow Donald Trump to publicly respond to Stormy Daniels' testimony.
  • ❌ Judge Merchan also denied the defense's motion for a mistrial, stating that the prosecution had the right to rehabilitate Stormy Daniels' credibility.
  • 🔍 The judge expressed confusion as to why Necheles did not object to certain lines of questioning about a condom, which he felt should not have been discussed.
  • 🎬 The judge mentioned that Stormy Daniels' memories and feelings about the encounter with Trump were influenced by watching the movie 'Bombshell', but he ruled that this information couldn't be used in court.
  • 🤫 The district attorney's office deliberately left out certain sexual encounter details from Stormy Daniels' testimony to respect the judge's wishes for a less explicit account.
  • 💭 Todd Blanche, the lead attorney for Donald Trump, argued that the case was not about sex and that the testimony about the hotel room encounter was prejudicial and irrelevant.
  • 📉 Judge Merchan was unusually forceful in his denial of the defense's motions, a departure from his typically mild demeanor, which had a strong impact in the courtroom.
  • 🕒 The judge's decision came at the end of a day where the defense faced several setbacks, contributing to the overall negative outcome for Donald Trump's legal team.

Q & A

  • Who was referred to as the 'Orange Turd' in the courtroom?

    -Donald Trump was repeatedly referred to as the 'Orange Turd' by Stormy Daniels and his own lawyer, Susan Necheles.

  • What was the purpose of Susan Necheles' cross-examination of Stormy Daniels?

    -The purpose of Susan Necheles' cross-examination was to keep Stormy Daniels on the witness stand as long as possible, as part of a strategy to score points against her in the belief that time spent on the stand could be advantageous.

  • What did Stormy Daniels say about her social media post regarding President Trump?

    -Stormy Daniels clarified that she did not say she would be 'instrumental in putting President Trump in jail' and that her post was a response to someone calling her a 'human toilet,' which she capitalized on as a joke.

  • Why did Judge Merchan deny the motion to modify the gag order?

    -Judge Merchan denied the motion to modify the gag order to protect the integrity of the proceedings and to prevent potential attacks on witnesses who have not yet testified.

  • What was Todd Blanche's argument for a mistrial?

    -Todd Blanche argued for a mistrial based on the prejudicial nature of Stormy Daniels' testimony about the hotel room encounter, which he claimed was a completely made-up story.

  • Why did the prosecutor argue that the details of the sexual encounter were relevant?

    -The prosecutor argued that the details of the sexual encounter were relevant because they provided motive for Mr. Trump to silence Stormy Daniels before she could tell her story in 2016, less than a month before the election.

  • What was the judge's stance on the mention of a condom during the trial?

    -Judge Merchan expressed that he wished the questions about the condom hadn't been asked and the answers hadn't been given, and he questioned why Susan Necheles did not object to that line of questioning.

  • Why did Judge Merchan deny the motion for a mistrial?

    -Judge Merchan denied the motion for a mistrial because he disagreed with Todd Blanche's narrative that there was any new account or change in Stormy Daniels' story. He believed that the defense opened the door for the prosecution to rehabilitate and corroborate Stormy Daniels' story by denying the sexual encounter in the opening statement.

  • How did the judge address the issue of Stormy Daniels' testimony about watching the movie 'Bombshell'?

    -Judge Merchan ruled that the testimony about watching 'Bombshell' and the subsequent memories and feelings it brought back for Stormy Daniels could not be admitted into evidence, as it would be unduly prejudicial to the defense.

  • What was the judge's final decision regarding the motion for a mistrial?

    -The judge's final decision was to deny the motion for a mistrial, stating that the prosecution had the right to rehabilitate Stormy Daniels' credibility and story, and that the defense's opening statement had set the stage for the detailed testimony that followed.

  • What was the judge's comment on the relevance of the sexual encounter to the case?

    -Judge Merchan pointed out that although the prosecution does not have to prove that a sexual encounter occurred, the more specificity Stormy Daniels can provide about the encounter, the more the jury can weigh to determine whether the encounter occurred and whether to credit her story.

Outlines

00:00

😀 Stormy Daniels' Testimony and Trump's Lawyers' Strategy

The first paragraph discusses Stormy Daniels' testimony in court, where she and Donald Trump's lawyer, Susan Necheles, repeatedly referred to Trump as the 'orange turd.' It highlights the strategy of keeping Daniels on the witness stand for as long as possible and the back-and-forth questioning about her social media posts, where she was asked about her intentions to put Trump in jail, which she refuted. The summary also touches on the judge's final remarks on the day's proceedings.

05:03

😠 The Defense's Failed Motions and Judge Merchan's Ruling

This paragraph covers the defense's attempt to modify the gag order to allow Trump to respond to Daniels' testimony and their motion for a mistrial based on the prejudicial nature of Daniels' testimony. The judge, Merchan, denies both motions, emphasizing the importance of maintaining the integrity of the proceedings and protecting witnesses. The summary also includes the judge's criticism of the defense's lawyer, Todd Blanche, for not objecting to certain lines of questioning and his insistence that the details provided by Daniels are relevant to the case.

10:03

😒 The Irrelevance of Sexual Testimony and the Missing Family Member

The third paragraph focuses on the defense's argument that the case is not about sex and should not include sexual testimony. It details the exchange between the defense and the judge regarding the inclusion of certain sexual details in Daniels' testimony and the absence of Eric Trump, a family member, from the courtroom. The summary also includes the prosecutor's counterarguments about the relevance of the sexual encounter details to corroborate Daniels' story.

15:04

😡 Judge Merchan's Stern Treatment of Defense Attorney Blanche

This section describes the interaction between Judge Merchan and defense attorney Todd Blanche, highlighting the judge's unusually harsh and brusque demeanor towards Blanche. The judge criticizes the defense for not objecting to certain questions and explains why he believes the details provided by Stormy Daniels are relevant. The summary also includes the judge's decision to deny the motion for a mistrial and his comments on the defense's opening statement.

20:07

😕 Judge Merchan's Closing Remarks and Trump's Praise for His Lawyers

The final paragraph summarizes Judge Merchan's closing remarks, where he disagrees with the defense's narrative of a new account or change in story from Daniels. He upholds the importance of allowing Daniels to provide specific details to corroborate her story. The summary concludes with a note on Donald Trump's public praise for his lawyers before the judge's critical assessment of their performance in court.

Mindmap

Keywords

💡Stormy Daniels

Stormy Daniels is an adult film actress who is central to the video's narrative. She is involved in a legal case with Donald Trump, where she claims to have been paid to keep quiet about an alleged affair. In the script, she is portrayed as a key witness in a courtroom scenario, where her testimony is a focal point of the proceedings.

💡Donald Trump

Donald Trump, the 45th President of the United States, is a central figure in this video script. He is depicted as being involved in a legal dispute with Stormy Daniels. The script suggests that his lawyers are attempting to manage the narrative around the case and that he is the subject of unflattering nicknames used in court.

💡Orange Turd

The term 'Orange Turd' is a derogatory nickname used in the script to refer to Donald Trump, highlighting the contentious and informal language used in the courtroom discussion. It signifies the negative perception some have of Trump and the heated nature of the dialogue within the legal context.

💡Cross-examination

Cross-examination is a legal procedure where a witness is questioned by the opposing counsel. In the script, it is mentioned in the context of Stormy Daniels being questioned by Donald Trump's lawyer, Susan Neches, as part of the court proceedings.

💡Gag Order

A gag order is a legal restraint that prevents certain information from being made public. In the video script, it is discussed in the context of a motion to modify or lift the gag order on Donald Trump so he could publicly respond to Stormy Daniels' allegations, which the judge ultimately denies.

💡

💡Mistrial

A mistrial is a legal term for a trial that has been rendered invalid due to a procedural error. In the script, the defense attorney Todd Blanche attempts to argue for a mistrial based on the prejudicial nature of Stormy Daniels' testimony, but the judge denies the motion.

💡Hyperbole

Hyperbole is a figure of speech that involves exaggeration for emphasis or effect. In the script, Stormy Daniels uses the term to explain her choice of words on social media, indicating that her statement about 'flushing the orange turd' was not to be taken literally but rather as a part of a joke.

💡Integrity of Proceedings

The integrity of proceedings refers to the fairness, honesty, and proper conduct of a legal process. The judge in the script emphasizes the importance of maintaining this integrity by denying the motion to modify the gag order, to ensure that the legal process is not compromised.

💡Sexual Encounter

The term 'sexual encounter' is used in the script to describe the alleged event between Stormy Daniels and Donald Trump. It is a critical element of the case, with the defense arguing that certain details of the encounter should not be admitted in court due to their prejudicial nature.

💡Condemnation

Condemnation in this context refers to the strong disapproval or rejection of actions or statements. The judge condemns the decision of Trump's lawyer not to object to certain lines of questioning, indicating that such actions could have influenced the court's proceedings negatively.

💡Corroboration

Corroboration is the act of providing additional evidence that supports or confirms a statement. In the script, the judge discusses the importance of Stormy Daniels providing specific details that can corroborate her story, which would allow the jury to assess the credibility of her claims.

Highlights

Stormy Daniels had a significant presence in the courtroom, with her testimony and interactions being a focal point.

Donald Trump's lawyer, Susan Necheles, referred to her client as 'the Orange Turd' during cross-examination.

Necheles' strategy was to keep Stormy Daniels on the witness stand as long as possible, implying it could score points against her.

Stormy Daniels refuted Necheles' mischaracterization of her social media posts, demonstrating her quick thinking and ability to counter in court.

The judge, Merchan, played a pivotal role in the proceedings, denying both motions raised by the Trump defense.

A motion to modify the gag order to allow Trump to publicly respond to Daniels was denied, with the judge emphasizing the importance of proceeding integrity.

A mistrial motion based on the prejudicial nature of Daniels' testimony was also denied, with the judge asserting the defense's opening statement set the stage for the necessity of her detailed account.

The judge expressed surprise that Necheles did not object to certain lines of questioning regarding a condom, which he felt should not have been discussed.

The judge's decision was influenced by the defense's initial denial of any sexual encounter, which opened the door for Daniels to provide a detailed account.

The judge pointed out that the defense failed to object during moments that could have halted prejudicial lines of questioning.

Stormy Daniels' testimony included allegations about Trump's behavior, including spanking, which the defense argued was irrelevant and prejudicial.

The prosecution argued that the details of the encounter, no matter how messy, were relevant to establishing motive for the non-disclosure agreement.

The judge highlighted that the prosecution deliberately omitted certain sexual encounter details during Daniels' testimony to respect the judge's wishes.

The judge's ruling on the mistrial motion emphasized the defense's initial strategy, which inadvertently allowed for Daniels to provide a more detailed account.

The judge's demeanor in court was notably intense and assertive when denying the motions, a departure from his typically mild and calm presence.

The judge's decision was a significant blow to the defense's strategy and to lawyer Todd Blanche's reputation in the case.

Donald Trump publicly thanked his lawyers for their work, seemingly unaware of the judge's impending negative ruling on the motions.

Transcripts

00:01

JUDGE WHO MAY HAVE HAD THE MOST

00:03

IMPORTANT STUFF TO SAY TODAY

00:05

AND OF COURSE, STORMY DANIELS

00:06

HAD A LOT TO SAY TODAY.

00:07

>> SHE SURE DID.

00:08

I WILL BE WATCHING.

00:09

HAVE A GOOD SHOW.

00:10

>>> TONIGHT WE BEGIN AT THE

00:13

END, BECAUSE THIS TIME THE END

00:16

TELLS YOU EVERYTHING YOU NEED

00:16

TO KNOW.

00:18

ABOUT WHAT CAME BEFORE THAT IN

00:21

THE COURTROOM TODAY, WHERE

00:23

DONALD TRUMP WAS CALLED THE

00:29

ORANGE TURD REPEATEDLY BY

00:32

STORMY DANIELS AND BY HIS OWN

00:34

LAWYER.

00:34

THAT'S RIGHT, THAT IS HOW

00:38

DONALD TRUMP'S DAY WENT TODAY.

00:39

THE WOMAN HE HAS PAID MORE

00:41

MONEY TO THAN ANY WOMAN HE HAS

00:43

NOT MARRIED, CRIMINAL DEFENSE

00:45

ATTORNEY NECHELES, REPEATEDLY

00:47

CALLED HER CLIENT, DONALD

00:50

TRUMP, THE ORANGE NECHELES HE,

00:52

ON WHAT SHE THOUGHT WAS AN

00:56

EFFECTIVE CROSS-EXAMINATION OF

00:57

STORMY DANIELS.

00:58

IMAGINE DONALD TRUMP SITTING IN

01:01

THE COURTROOM, SLUMPED IN HIS

01:02

CHAIR, LEAVING HIS EYES CLOSED

01:03

FOR LONG STRETCHES, BEING

01:05

FORCED TO LISTEN WITH EYES

01:08

CLOSED OR EYES OPEN, TO ONE OF

01:11

HIS CRIMINAL DEFENSE LAWYERS ON

01:12

WHOM HE HAS LAVISHED MONEY,

01:16

MONEY PROVIDED -- LISTEN TO HER

01:20

REPEATEDLY CALL HIM THE ORANGE

01:22

TURD.

01:23

DONALD TRUMP IS OF COURSE THE

01:26

MOST BANAL HUMAN BEING WHO HAS

01:30

EVER ENTERED THE COURTHOUSE,

01:31

BUT HIS COLOSSAL VANITY

01:33

COMBINED WITH HIS EVEN MORE

01:34

COLOSSAL STUPIDITY LEAVES US

01:36

UNABLE TO TELL WHAT HE WAS

01:40

EXPERIENCING.

01:41

A NORMAL PERSON COULDN'T BE

01:44

MORE HUMILIATED.

01:45

DONALD TRUMP, WAS THAT THE

01:47

FIRST TIME HE HEARD HIMSELF

01:50

REFERRED TO AS THE ORANGE TURD?

01:53

HIS LAWYER WAS DOING WHAT HE

01:55

ORDERED HER TO DO, WHICH WAS

01:56

KEEP STORMY DANIELS ON THE

01:58

WITNESS STAND AS LONG AS

01:59

POSSIBLE IN THE TRUMP BELIEF

02:01

THAT SIMPLY MINUTES ON THE

02:02

WITNESS STAND COUNT AS SOMEHOW

02:03

SCORING POINTS AGAINST STORMY

02:04

DANIELS.

02:05

THE ORANGE TURD LANDED AN HOUR

02:10

INTO A BELABORED CROSS-

02:11

EXAMINATION BY SUSAN NECHELES

02:14

THAT WAS REPETITIVE, TEDIOUS,

02:17

AND ALMOST ENTIRELY IRRELEVANT.

02:20

AT 10:20 A.M., HIGH-PRICED

02:23

LAWYER SUSAN NECHELES SAID TO

02:26

STORMY DANIELS, QUOTE, ISN'T IT

02:28

A FACT THAT YOU KEEP POSTING ON

02:31

SOCIAL MEDIA HOW YOU'RE GOING

02:32

TO BE INSTRUMENTAL IN PUTTING

02:34

PRESIDENT TRUMP IN JAIL?

02:34

ANSWER.

02:35

SHOW ME WHERE I SAID I WOULD BE

02:38

INSTRUMENTAL IN PUTTING

02:39

PRESIDENT TRUMP IN JAIL.

02:40

ALL RIGHT.

02:42

IF WE COULD SHOW THE WITNESS J

02:48

43 PLEASE.

02:49

DO YOU RECOGNIZE THAT AS YOUR

02:50

POST?

02:50

ANSWER, YES.

02:52

QUESTION, AND I DON'T SEE THE

02:55

WORD INSTRUMENTAL OR JAIL.

02:57

BLOW IT UP A LITTLE BIT MORE.

02:59

SUSAN NECHELES THEN SHOWS THE

03:01

POST ON ALL OF THE SCREENS IN

03:03

THE COURTROOM FOR THE JURORS TO

03:05

SEE AND THE SPECTATORS TO SEE

03:07

AND FOR DONALD TRUMP TO SEE AND

03:09

THEN SHE SAYS, QUOTE, YOU WERE

03:13

RESPONDING TO THE POST, SOMEONE

03:14

ELSE'S POST THERE?

03:17

ANSWER, YES.

03:18

SOMEONE CALLING ME A HUMAN

03:20

TOILET, SO I CAPITALIZED ON THE

03:23

JOKE.

03:23

QUESTION, THE OTHER POST.

03:24

MICHAEL COHEN AND STORMY

03:28

DANIELS, A.K.A.

03:29

THE HUMAN TOILET, ARE THE STAR

03:31

WITNESSES, RIGHT?

03:31

ANSWER, YES.

03:33

YOU SAID, EXACTLY, MAKING ME

03:35

THE BEST PERSON TO FLUSH THE

03:39

ORANGE TURD DOWN.

03:40

ANSWER, YES.

03:41

SO, SUSAN NECHELES BROUGHT THE

03:44

ORANGE TURD INTO THE

03:46

COURTROOM AND KEPT IT THERE.

03:48

THE QUESTIONING ABOUT THE

03:51

ORANGE TURD WENT ON AND ON.

03:55

STORMY DANIELS SAID, QUOTE, I

03:58

DON'T SEE INSTRUMENTAL OR JAIL

03:59

THERE.

04:00

YOU'RE PUTTING WORDS IN MY

04:01

MOUTH.

04:02

QUESTION, SO WHEN YOU SAID YOU

04:04

WERE THE BEST PERSON TO FLUSH

04:07

THE ORANGE TURD DOWN, YOU

04:09

WEREN'T SAYING YOU WERE GOING

04:10

TO BE INSTRUMENTAL IN CAUSING

04:13

HIM TO BE CONVICTED OF A

04:14

CRIME?

04:15

THAT IS NOT WHAT YOU MEANT?

04:18

ANSWER, NO.

04:19

QUESTION, WHAT DOES THAT MEAN?

04:21

ANSWER, I'M PRETTY SURE THIS IS

04:22

HYPERBOLE.

04:23

IF SOMEBODY CALLS ME A TOILET,

04:26

I CAN SAY FLUSH SOMEBODY.

04:27

SEE HOW THAT WORKS?

04:29

NOW TRYING TO EXPLAIN A JOKE TO

04:31

A LAWYER IN COURT IS ALWAYS

04:31

POINTLESS.

04:32

QUESTION, YOU SAID YOU WERE

04:34

GOING TO FLUSH PRESIDENT TRUMP?

04:38

ANSWER, I DIDN'T SAY PRESIDENT

04:39

TRUMP.

04:40

IT SAYS ORANGE TURD, SO IF

04:43

THAT'S WHAT'S INTERPRETED BY

04:46

YOU -- QUESTION, WHAT DO YOU

04:49

MEAN?

04:49

ANSWER, I DON'T KNOW WHAT I

04:50

MEAN.

04:51

QUESTION, YOU HAVE NO IDEA.

04:53

ANSWER, I'M ALSO NOT A TOILET.

04:55

I'M ASKING YOU WHETHER YOU KNEW

04:57

WHAT YOU MEANT WHEN YOU SAID

04:59

AND ORANGE TURD?

05:02

ANSWER, YES I DO.

05:04

QUESTION, WHAT DID YOU MEAN?

05:07

ANSWER, I MEANT I'M NOT A HUMAN

05:10

TOILET, SO IF THEY WANT TO MAKE

05:12

FUN OF ME, I CAN MAKE FUN OF

05:15

THEM.

05:16

QUESTION, YOU DON'T WANT TO

05:17

ADMIT YOU MEANT MR. TRUMP?

05:19

ANSWER, I ABSOLUTELY MEANT MR.

05:19

TRUMP.

05:20

QUESTION, WHY DID YOU SAY NO?

05:23

ANSWER, IT DOESN'T SAY

05:24

INSTRUMENTAL AND PUTTING HIM IN

05:25

JAIL.

05:26

SO IT WENT WITH SUSAN NECHELES

05:30

REPEATEDLY PRETENDING TO QUOTE

05:32

THINGS THAT SHE WAS NOT QUOTING

05:33

AND GETTING CAUGHT BY THE

05:35

WITNESS, STORMY DANIELS, WHO

05:36

THEN PROVED THAT SUSAN NECHELES

05:39

HAD MISCHARACTERIZED WHAT SHE

05:41

WAS PRESENTING TO STORMY

05:44

DANIELS AND STORMY DANIELS DID

05:46

NOT SPEND ONE MINUTE IN LAW

05:49

SCHOOL LEARNING HOW TO DO THAT.

05:50

THAT IS A SAMPLE OF WHAT

05:52

HAPPENED IN THE MORNING.

05:54

BUT AS I SAID, THE MOST

05:57

IMPORTANT PART OF THE DAY BY FAR

05:59

WAS THE END.

06:00

THAT IS WHEN JUDGE MERCHAN GOT

06:03

THE LAST WORD AND PROVIDED THE

06:07

MOST IMPORTANT POSSIBLE REVIEW

06:09

OF STORMY DANIELS' PERFORMANCE

06:11

ON THE WITNESS STAND, AS DID

06:14

THE TRUMP LAWYERS.

06:16

STORMY DANIELS LEFT THE WITNESS

06:18

STAND THAT 12:23 P.M., TWO

06:21

HOURS AFTER SUSAN NECHELES

06:23

INVITED HER TO REPEATEDLY CALL

06:26

DONALD TRUMP THE ORANGE TURD TO

06:30

HIS FACE IN THE COURTROOM.

06:33

THREE MORE, FAR LESS COLORFUL

06:34

WITNESSES THEN TOOK THE WITNESS

06:38

STAND AND JUDGE MERCHAN INTO

06:40

TESTIMONY EARLY TODAY AT 4:00

06:42

P.M.

06:43

SO THE TRUMP DEFENSE COULD HAVE

06:44

TIME TO RAISE TWO MOTIONS, BOTH

06:47

OF WHICH WERE RAISED AND DENIED

06:49

BY THE JUDGE.

06:51

FIRST, CRIMINAL DEFENSE

06:53

ATTORNEY TODD BLANCHE WHO IS

06:54

THE LEAD ATTORNEY IN THIS CASE

06:57

AND HAS ALREADY BEEN SO

06:58

THOROUGHLY HUMILIATED IN THAT

07:00

VERY COURTROOM, THAT HE ENTERS,

07:02

EXITS, AND SPENDS THE DAY AT

07:06

THE DEFENSE TABLE LOOKING LIKE

07:08

THE SADDEST MAN IN THE ROOM

07:09

EVERY DAY.

07:10

TODD BLANCHE ARGUED A MOTION TO

07:12

THE JUDGE TO REWRITE HIS GAG

07:15

ORDER ON DONALD TRUMP TO NOW

07:18

EXCLUDE STORMY DANIELS FROM THE

07:21

GAG ORDER SO THAT DONALD TRUMP

07:23

CAN TWEET ABOUT HER.

07:24

DO WHATEVER HE DOES ON TRUTH

07:26

SOCIAL.

07:27

TODD BLANCHE INSISTED THE

07:29

STORMY DANIELS PRESENTED WHAT

07:30

HE CALLED A COMPLETELY

07:34

DIFFERENT VERSION OF EVENTS.

07:36

DONALD TRUMP SHOULD BE FREE TO

07:37

RESPOND TO THAT NEW VERSION OF

07:38

EVENTS.

07:40

THE JUDGE SAID FOR EXAMPLE,

07:43

WHAT TODD BLANCHE THOUGHT WAS A

07:45

DIFFERENT SERIES OF EVENTS.

07:47

QUOTE, I FELT THE ROOM SPIN IN

07:48

SLOW MOTION AND A FEW OTHER

07:51

LINES TO WHICH THE JUDGE SAID I

07:53

DON'T SEE A NEW SET OF FACTS.

07:54

THE DISTRICT ATTORNEY ARGUED

07:56

THAT THE ADDITIONAL ELEMENTS

07:58

WERE NOT INCONSISTENT WITH HER

08:03

PREVIOUS STATEMENTS.

08:05

JUDGE MERCHAN EXPLAINED WHY HE

08:06

WOULD NOT CHANGE THE GAG ORDER.

08:08

QUOTE, MY CONCERN IS NOT JUST

08:09

WITH PROTECTING MS. DANIELS OR

08:10

A WITNESS WHO ALREADY

08:11

TESTIFIED.

08:12

MY CONCERN IS PROTECTING THE

08:14

INTEGRITY OF THESE PROCEEDINGS

08:15

AS A WHOLE.

08:16

THAT MEANS EVERYBODY SEES WHAT

08:18

HAPPENS.

08:18

WITNESSES WHO HAVE NOT YET

08:20

TESTIFIED WE'LL SEE WHAT

08:22

HAPPENS.

08:23

THEY WILL SEE HOW WITNESSES WHO

08:24

HAVE TESTIFIED ARE GOING TO BE

08:29

TREATED BY YOUR CLIENT AND I

08:31

CAN'T TAKE YOUR WORD FOR IT

08:33

THAT THIS IS GOING TO BE LOW-

08:34

KEY.

08:34

THIS IS NOT GOING TO BE AN

08:35

ATTACK.

08:36

THIS IS JUST GOING TO BE A

08:37

RESPONSE TO WHAT WAS SAID

08:39

BECAUSE THAT IS NOT THE TRACK

08:41

RECORD.

08:42

THE REASON WHY THE GAG ORDER IS

08:43

IN PLACE TO BEGIN WITH IS

08:46

PRECISELY BECAUSE OF THE NATURE

08:48

OF THESE ATTACKS.

08:49

THESE WERE VERY REAL, VERY

08:50

THREATENING ATTACKS ON

08:51

POTENTIAL WITNESSES, SO THE

08:52

TRACK RECORD, YOUR CLIENT'S

08:53

TRACK RECORD, SPEAKS FOR

08:54

ITSELF.

08:55

I CAN'T TAKE YOUR WORD FOR IT,

08:58

THAT HE WILL JUST SAY HEY, I

08:59

DISPUTE THE FACTS.

09:02

SO WITH REGARD TO YOUR

09:04

APPLICATION TO MODIFY THE GAG

09:06

ORDER TO ALLOW YOUR CLIENT TO

09:08

RESPOND TO MS. DANIELS, THAT

09:10

APPLICATION IS DENIED.

09:13

THEN JUDGE MERCHAN LISTENED TO

09:16

BLANCHE'S MOTION FOR A

09:18

MISTRIAL, BASED ON HOW

09:20

DEVASTATING STORMY DANIELS

09:22

TESTIMONY WAS TO DONALD TRUMP.

09:27

TODD BLANCHE CALLED STORMY

09:29

DANIELS' TESTIMONY ABOUT WHAT

09:30

HAPPENED IN THE HOTEL ROOM,

09:31

QUOTE, A COMPLETELY MADE UP

09:32

ENCOUNTER WITH DONALD TRUMP

09:35

AND TODD BLANCHE COMPLAINED

09:36

PLAINTIVELY, AS CLOSE TO TEARS

09:38

AS ANY MAN IN THAT ROOM HAS

09:43

COME, TO THE SPANKING.

09:46

QUOTE, AND THEN QUESTIONED ABOUT

09:48

PRESIDENT TRUMP SPANKING, BEING

09:51

ASKED TO BE SPANKED DURING THE

09:53

INCIDENT AGAIN, HOW THAT IS

09:55

RELEVANT TO WHY WE ARE HERE,

09:59

ESPECIALLY WHEN YOU WEIGH IT

10:01

AND COMPARE IT TO THE

10:03

PREJUDICIAL NATURE OF THAT SORT

10:03

OF TESTIMONY.

10:04

A SERIES OF QUESTIONS ABOUT

10:05

ROLLING UP A MAGAZINE AND

10:10

SPANKING HIM.

10:12

THE DESIGNATED FAMILY SPECTATOR

10:13

SUPPORTER, ERIC TRUMP, DID NOT

10:14

SHOW UP TODAY.

10:15

SO THERE WERE NO FAMILY MEMBERS

10:16

SITTING WITH US IN THAT

10:17

COURTROOM LISTENING TO ALL OF

10:18

THE LEGAL TALK ABOUT DONALD

10:20

TRUMP.

10:21

BEING SPANKED BY STORMY

10:24

DANIELS.

10:25

TODD BLANCHE INSISTED THAT,

10:27

QUOTE, THIS IS NOT A CASE ABOUT

10:35

SEX.

10:36

THERE SHOULD NOT HAVE BEEN ANY

10:38

TESTIMONY AT ALL ABOUT SEX,

10:39

INCLUDING THE MOMENT STORMY

10:41

DANIELS DESCRIBED RIGHT BEFORE.

10:43

TODD BLANCHE QUOTED STORMY

10:47

DANIELS' TESTIMONY TO THE

10:49

JUDGE.

10:49

SHE SAYS, I WENT TO STEP

10:50

AROUND.

10:51

I LAUGHED NERVOUSLY.

10:52

TRIED TO MAKE A JOKE OUT OF IT

10:54

AND TO STEP AROUND TO LEAVE.

10:56

EVEN THOUGH I WAS MOVING LIKE I

10:58

WAS IN A FUN HOUSE, LIKE SLOW

10:59

MOTION.

11:00

I THOUGHT TO MYSELF, GREAT.

11:03

I PUT MYSELF IN THIS BAD

11:05

SITUATION.

11:06

LIKE, WHAT DID I DO?

11:10

HOW DID I MISREAD EVERYTHING?

11:12

HE STOOD UP BETWEEN ME AND THE

11:13

DOOR, NOT IN A THREATENING

11:14

MANNER.

11:14

HE DIDN'T COME AT ME.

11:15

HE DIDN'T RUSH AT ME.

11:18

HE DIDN'T PUT HIS HANDS ON ME OR

11:20

NOTHING LIKE THAT.

11:21

I SAID, I GOT TO GO.

11:23

HE SAID, I THOUGHT WE WERE

11:24

GETTING SOMEWHERE.

11:24

WE WERE TALKING.

11:25

I THOUGHT YOU WERE SERIOUS

11:26

ABOUT WHAT YOU WANTED, IF YOU

11:28

EVER WANT TO GET OUT OF THAT

11:29

TRAILER PARK.

11:30

AGAIN, THIS IS AN EXTREMELY

11:32

PREJUDICIAL STATEMENT BY A

11:33

WITNESS THAT WAS NEVER SAID.

11:35

THERE IS NO EVIDENCE THAT THAT

11:37

WAS SAID TO AMI.

11:38

THERE WAS NO EVIDENCE THAT THAT

11:41

WAS SAID TO COHEN.

11:42

THERE WAS NO EVIDENCE THAT THAT

11:44

HAD ANYTHING TO DO WITH THE

11:46

MOTIVE OF ANYBODY INVOLVED IN

11:48

THIS CASE TO ENTER INTO THAT NDA

11:53

IN 2016.

11:55

PROSECUTOR STEINGLASS HAD AN

12:01

ANSWER.

12:02

BLANCHE SAYS SHE NEVER SAID ANY

12:03

OF THIS IN 2016.

12:07

SHE DID NOT SPEAK TO COHEN OR

12:10

AMI IN 2016, BUT YOU KNOW WHO

12:12

KNOW WHAT HAPPENED IN THAT

12:13

ROOM?

12:13

MR. TRUMP NEW.

12:15

THOSE DETAILS OF WHAT HAPPENED

12:18

IN THAT ROOM, THOSE MESSY

12:19

DETAILS, THAT IS MOTIVE.

12:21

THAT WAS MR. TRUMP'S MOTIVE TO

12:24

SILENCE THIS WOMAN BEFORE SHE

12:26

COULD TELL HER STORY IN 2016,

12:28

LESS THAN A MONTH BEFORE THE

12:28

ELECTION.

12:29

SO THIS IS NOT IRRELEVANT.

12:31

MR. TRUMP WAS AWARE OF THOSE

12:33

DETAILS AND THE FACT THAT

12:34

TESTIMONY IS PREJUDICIAL AND

12:35

MESSY, ACCORDG TO BLANCHE,

12:38

THAT IS WHY MR. TRUMP TRIED SO

12:40

HARD TO PREVENT THE AMERICAN

12:42

PEOPLE FROM HEARING ABOUT THIS.

12:43

THE PROSECUTOR TOLD THE JUDGE

12:45

ABOUT ADDITIONAL DETAILS OF THE

12:47

SEXUAL ENCOUNTER THAT STORMY

12:48

DANIELS REVEALED IN HER

12:51

INTERVIEW WITH THE DISTRICT

12:52

ATTORNEY'S OFFICE.

12:53

THE DISTRICT ATTORNEY

12:54

DELIBERATELY DID NOT USE THOSE

12:59

DETAILS IN STORMY DANIELS'

13:01

TESTIMONY BECAUSE THE DISTRICT

13:03

ATTORNEY KNEW THE JUDGE WANTED

13:04

TO MINIMIZE THE DETAILS OF THE

13:06

SEXUAL ENCOUNTER IN THE

13:07

TESTIMONY.

13:08

HERE IS AN EXAMPLE OF WHAT THE

13:11

PROSECUTOR DELIBERATELY LEFT OUT

13:14

OF STORMY DANIELS' COURTROOM

13:16

TESTIMONY.

13:17

QUOTE, AT ONE POINT MS. DANIELS

13:21

WAS ASKED, YOU KNOW, DID YOU

13:23

FEEL ANYTHING UNUSUAL?

13:25

NOW THE ANSWER TO THAT QUESTION

13:28

WAS GOING TO BE, I FELT WHAT IT

13:32

FELT LIKE TO FEEL THE SKIN OF A

13:34

60-YEAR-OLD MAN.

13:36

I WAS 27 YEARS OLD AND THAT WAS

13:40

DIFFERENT THAN ANYTHING I HAD

13:42

EVER FELT BEFORE.

13:45

NOW THAT'S THE KIND OF DETAIL

13:47

THAT WOULD CORROBORATE HER

13:48

ACCOUNT OF HAVING A SEXUAL

13:52

INTERACTION WITH THE DEFENDANT,

13:53

BUT WAS NOT ELICITED.

13:55

YOUR HONOR SUSTAINED THE

13:57

OBJECTION.

13:58

THERE ARE OTHER DETAILS THAT I

13:59

DON'T WANT TO PUT ON THE

14:00

RECORD.

14:01

THE PROSECUTOR SAID THAT THE

14:03

DEFENSE CAN OFFER EVIDENCE THAT

14:05

NOTHING SEXUAL HAPPENED IN THAT

14:06

ROOM, SIMPLY BY PUTTING DONALD

14:08

TRUMP ON THE WITNESS STAND

14:10

WHERE HE CAN SAY ANYTHING HE

14:12

WANTS ABOUT STORMY DANIELS.

14:13

THERE IS NO GAG ORDER ON THE

14:14

WITNESS STAND.

14:16

TODD BLANCHE WAS OUTRAGED THAT

14:21

STORMY DANIELS TESTIFIED THAT

14:23

DONALD TRUMP DID NOT USE A

14:24

CONDOM.

14:25

THE PROSECUTOR'S RESPONSE TO

14:26

THAT WAS THAT DONALD TRUMP

14:28

ASKED A LOT OF QUESTIONS ABOUT

14:30

THE TESTING IN THE ADULT FILM

14:31

INDUSTRY.

14:33

HOW OFTEN THE TESTING HAPPENS,

14:35

WHETHER PERFORMERS WERE

14:36

REQUIRED TO WEAR CONDOMS, ET

14:39

CETERA, QUESTIONS ABOUT THAT.

14:40

THE REASON THAT IS RELEVANT IS

14:43

BECAUSE IT EXPLAINS HIS DECISION

14:45

TO NOT WEAR A CONDOM AND THE

14:46

FACT THAT THAT TESTIMONY COMES

14:49

OUT IS BECAUSE THE DESCRIPTION

14:51

OF THE CONVERSATION THAT SHE

14:52

HAD WITH MR. TRUMP, AGAIN,

14:55

CORROBORATES HER STORY.

14:57

TODD BLANCHE ASKED TO SPEAK

14:59

AGAIN VERY BRIEFLY AFTER THE

15:01

PROSECUTOR COMPLETED HIS

15:02

ARGUMENT.

15:03

VERY BRIEFLY, THE COURT, VERY

15:08

BRIEFLY.

15:09

I MEAN, JUDGE, WHAT THEY ARE

15:11

SAYING IS NOT TRUE.

15:12

FOR EXAMPLE THE PEOPLE JUST

15:14

TOLD YOU THAT MS. McDOUGALL WAS

15:15

NOT ON THE WITNESS LIST.

15:16

>> I'M NOT GOING TO GET BOGGED

15:18

DOWN ON THAT.

15:20

BUT JUDGE, IT IS NOT RELEVANT

15:21

TO THIS MOTION.

15:23

THAT IS WHY I AM SAYING, VERY

15:25

QUICKLY, WHETHER SHE WAS GOING

15:28

TO BE CALLED HAS NOTHING TO DO

15:32

WITH THIS MOTION FOR A MISTRIAL.

15:34

BUT IT DOES, YOUR HONOR.

15:36

THE COURT, NO IT DOESN'T.

15:38

I AM MAKING THE RULING AND I

15:40

DECIDE WHETHER IT DOES OR IT

15:41

DOESN'T.

15:41

I'M TELLING YOU IT DOESN'T.

15:42

NOW IT IS SO DIFFICULT TO

15:45

CONVEY HOW ANGRILY AND

15:49

BRUSQUELY JUDGE MERCHAN TREATED

15:50

TODD BLANCHE IN THAT COURTROOM.

15:53

IT WAS SOMETHING WE HAVE NOT

15:54

SEEN IN THAT COURTROOM BEFORE,

15:57

BECAUSE JUDGE MERCHAN IS

15:59

NORMALLY A MILD VOICE.

16:01

A CALM SPEAKER IN COURT TO MAKE

16:02

SHOE LEAN FORWARD TO HEAR HIM

16:04

AND YOU ALWAYS DO.

16:07

BECAUSE HE IS SO CLEAR.

16:10

SO SIMPLY RAISING HIS DECIBEL

16:14

LEVEL SLIGHTLY AND THE

16:17

QUICKNESS AND INTENSITY OF HIS

16:20

SPEECH, SLIGHTLY, AS HE DID,

16:22

HAS AN ENORMOUS EFFECT IN THAT

16:24

ROOM.

16:26

IT IS BOMBASTIC IN ITS WAY.

16:30

JUDGE MERCHAN PLAYS HIS ROLE IN

16:32

SUCH AN UNDERSTATED WAY THAT

16:36

WHEN HE LEANS INTO ANYTHING, IT

16:39

LANDS LIKE AN EXPLOSION, AS IT

16:41

DID TODAY.

16:43

SO, JUDGE MERCHAN, AFTER

16:45

ORDERING TODD BLANCHE TO SIT

16:48

DOWN AGAIN, LAUNCHED INTO HIS

16:50

DECISION ON THE MISTRIAL,

16:52

SAYING THAT HE AGREED THAT THE

16:55

MENTION OF THE CONDOM SHOULD

16:57

NOT HAVE COME OUT AND WHAT HE

17:03

DID NOT UNDERSTAND WAS WHY

17:05

DONALD TRUMP'S HIGH-PRICED

17:06

CRIMINAL DEFENSE LAWYER,

17:07

SPECIFICALLY SUSAN NECHELES,

17:08

DID NOT OBJECT.

17:09

THE JUDGE SAID I WISHED THOSE

17:11

QUESTIONS HADN'T BEEN ASKED AND

17:13

I WISH THOSE ANSWERS HADN'T

17:15

BEEN GIVEN, BUT FOR THE LIFE OF

17:19

ME I DON'T KNOW WHY MS.

17:21

NECHELES DID NOT OBJECT.

17:23

SHE MADE ABOUT 10 OBJECTIONS,

17:25

MOST OF WHICH WERE SUSTAINED.

17:26

WHY ON EARTH SHE WOULD NOT

17:28

OBJECT TO THE MENTION OF A

17:29

CONDOM I DON'T UNDERSTAND.

17:30

AND SO IT WENT FOR MOST OF THE

17:35

ISSUES RAISED BY TODD BLANCHE.

17:37

BUT THE CRUSHING BLOW TO THE

17:40

MOTION AND TO TODD BLANCHE'S

17:42

WORK AS A LAWYER IN THIS CASE

17:44

CAME WHEN THE JUDGE EXPLAINED

17:46

TO HIM WITH DONALD TRUMP

17:49

SITTING THERE LISTENING, THAT

17:51

TODD BLANCHE LOST THIS MOTION

17:52

FOR A MISTRIAL WITH THE VERY

17:55

FIRST THING HE SAID IN THIS

17:57

TRIAL ON THE FIRST DAY.

17:59

JUDGE MERCHAN.

18:02

MR. BLANCHE IN YOUR OPENING

18:06

STATEMENT YOUR DENIAL PUTS THE

18:08

JURY IN A POSITION OF HAVING TO

18:09

CHOOSE WHO THEY BELIEVE.

18:10

DONALD TRUMP, WHO DENIES THERE

18:14

WAS AN ENCOUNTER, OR STORMY

18:16

DANIELS WHO CLAIMS THERE WAS.

18:17

ALTHOUGH THE PEOPLE DO NOT HAVE

18:18

TO PROVE THAT A SEXUAL

18:20

ENCOUNTER DID OCCUR, THEY HAVE

18:24

THE RIGHT TO REHABILITATE HER

18:26

CREDIBILITY AND STORY WHICH WAS

18:27

IMMEDIATELY ATTACKED ON OPENING

18:27

STATEMENTS.

18:29

THE MORE SPECIFICITY MS.

18:32

DANIELS CAN PROVIDE ABOUT THE

18:34

ENCOUNTER, THE MORE THE JURY

18:36

CAN WAY TO DETERMINE WHETHER

18:37

THE ENCOUNTER DID OCCUR AND IF

18:39

SO WHETHER THEY CHOOSE TO

18:41

CREDIT MS. DANIELS' STORY.

18:44

JUDGE MERCHAN POINTED OUT THAT

18:47

HE HIMSELF OBJECTED ON BEHALF

18:48

OF THE TRUMP LAWYERS AND

18:50

INCIDENTS WHERE THEY FAILED TO

18:51

OBJECT AND ON HIS OWN THEY

18:53

STOPPED LINES OF QUESTIONING.

18:55

JUDGE MERCHAN EXPLAINED THAT

18:57

STORMY DANIELS EXPLAINED IN HER

19:01

INTERVIEW WITH THE DISTRICT

19:03

ATTORNEY THAT SEEING THE MOVIE,

19:04

BOMBSHELL, MADE HER REVIEW HER

19:07

OWN THOUGHTS AND FEELINGS ABOUT

19:08

WHAT HAPPENED IN THAT ROOM WITH

19:09

DONALD TRUMP.

19:10

THE MOVIE, BOMBSHELL, WAS A

19:13

BRILLIANT FILM STARRING

19:14

CHARLIZE THERON, MARGOT ROBBIE,

19:17

JOHN LITHGOW, AND THE HORROR

19:20

STORY OF ROGER AILES SEXUAL

19:24

HARASSMENT, SEXUAL ASSAULT AND

19:28

RAPE OF WOMEN AT FOX NEWS

19:31

WHILE RUNNING THAT POISONED

19:32

WORKPLACE.

19:33

THE JUDGE SAID, QUOTE, MS.

19:35

DANIELS WATCHED THIS MOVIE

19:36

YEARS LATER AND IT WAS AT THAT

19:38

POINT THAT CERTAIN MEMORIES

19:39

CAME BACK AND CERTAIN

19:41

EXPLANATIONS CAME BACK TO HER

19:42

FOR HER FEELINGS.

19:43

I RULED IMMEDIATELY THAT THAT

19:45

COULD NOT COME IN.

19:47

I FELT THAT SOMEHOW TO INJECT

19:51

ROGER AILES INTO THE PROCEEDINGS

19:53

WOULD BE UNDULY PREJUDICIAL TO

19:54

YOUR CLIENT AND I DID SO, EVEN

19:58

THOUGH THESE FEELINGS OF THE

20:00

NUMB HANDS, THE ROOM SPINNING,

20:01

THE BLACKING OUT, WENT

20:03

UNEXPLAINED AND I DID THAT TO

20:07

PROTECT YOUR CLIENT.

20:08

I DISAGREE WITH YOUR NARRATIVE

20:10

THAT THERE IS ANY NEW ACCOUNT.

20:12

I DISAGREE THAT THERE IS ANY

20:13

CHANGE IN STORY.

20:14

WHAT HAPPENED IS PEOPLE HAVE

20:16

GONE INTO MORE DETAIL THAN THEY

20:18

ORIGINALLY PLANNED AND THE FACT

20:19

YOU WENT AFTER HER ON OPENING

20:21

STATEMENTS, ATTACKING YOUR

20:24

CLAIM THAT THEY NEVER HAD SEX,

20:27

YOU DIDN'T ATTACK THAT THERE

20:28

WAS A FABRICATION OF BUSINESS

20:30

RECORDS.

20:31

YOU DIDN'T ATTACK ANY OF THE

20:33

OTHER ELEMENTS OF THE DEFENSE.

20:34

YOU SAID MY CLIENT DENIES THERE

20:38

WAS EVER A SEXUAL ENCOUNTER

20:40

AGAIN, AS I SAID BEFORE, RIGHT

20:41

OFF THE BAT.

20:43

THAT PUTS YOUR CLIENTS WORDS

20:45

AGAINST MS. DANIELS WORDS AND

20:46

THAT IN MY MIND ALLOWS THE

20:48

PEOPLE TO DO WHAT THEY CAN TO

20:49

REHABILITATE AND CORROBORATE

20:50

HER STORY.

20:52

YOUR MOTION FOR A MISTRIAL IS

20:54

DENIED.

20:55

I WILL SEE YOU TOMORROW AT 9:30.

20:58

AT 9:23 A.M.

21:00

TODAY, DONALD TRUMP WAS IN THE

21:03

HALLWAY BEFORE ENTERING THE

21:07

COURTROOM, GIVING ONE OF THOSE

21:09

FIVE-MINUTE SPEECHES OF HIS TO

21:10

THE CAMERAS WHILE IGNORING

21:13

EVERY QUESTION HE WAS ASKED AND

21:15

HE SAID THEN, QUOTE, I WANT TO

21:16

THANK MY LAWYERS.

21:18

THEY'VE DONE A VERY GOOD JOB.

21:22

THAT WAS EXACTLY ONE HOUR

21:24

BEFORE SUSAN NECHELES CALLED

21:28

HIM THE ORANGE TURD AND IT WAS

21:31

SEVEN HOURS BEFORE JUDGE

21:34

MERCHAN CRUSHED AND HUMILIATED

21:36

DONALD TRUMP'S CRIMINAL DEFENSE

21:38

LAWYERS.

21:39

TODD BLANCHE SAID THIS IS NOT A

21:43

CASE ABOUT SEX.

21:45

BUT JUDGE MERCHAN SAID THAT IN

21:50

TODD BLANCHE'S OPENING STATEMENT, TODD BLANCHE MADE

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