Lawrence: Trump defense's lone witness Robert Costello was 'utterly contemptuous'

MSNBC
20 May 202419:18

Summary

TLDRIn an unprecedented courtroom scene, the transcript reveals a tense confrontation between Judge Juan Merchan and defense attorney Robert Costello, who displayed contempt towards the judge's rulings. Costello's disrespectful behavior, including audibly expressing frustration and rolling his eyes, led to the judge clearing the courtroom. The incident underscores the importance of decorum in a court setting and highlights the judge's authority to maintain it. The jury, who had previously shown respect for the judge, were likely influenced by Costello's actions, which could impact the trial's outcome.

Takeaways

  • ๐Ÿšจ The courtroom was unexpectedly cleared by Judge Juan Merchan, an action rarely heard and even more rarely executed.
  • ๐ŸŽค Defense attorney Robert Costello openly disrespected Judge Merchan, which is considered highly unusual and unprofessional behavior for a witness.
  • ๐Ÿ‘ฅ The jury, who typically develops a strong respect for the judge in a multi-week trial, likely did not appreciate Costello's behavior.
  • ๐Ÿ—ฃ๏ธ Judge Merchan's authority was challenged by Costello's audible 'Jeez' and his attempt to 'strike' his own testimony, which is not within a witness's power.
  • ๐Ÿ‘ฎโ€โ™‚๏ธ The court officers had to intervene, showing remarkable professionalism in managing a chaotic situation caused by a contemptuous witness.
  • ๐Ÿ“ The court transcript, while generally reliable, is not always perfect and can sometimes miss or misrepresent crucial words or exchanges.
  • ๐Ÿค” Michael Cohen chose not to hire Robert Costello as his criminal defense attorney, possibly due to a lack of trust.
  • ๐Ÿ˜ฒ The audience and press were initially resistant to leaving the courtroom when asked, highlighting the gravity of the situation.
  • ๐Ÿ‘‰ Costello's conduct was deemed 'contemptuous' by Judge Merchan, who put him on notice that further disrespect would not be tolerated.
  • ๐Ÿ•’ The incident caused a significant disruption, with the courtroom being cleared and then re-opened, impacting the flow of the trial.
  • ๐Ÿ“‰ Costello's actions may have negatively affected the perception of the Trump defense team and could potentially influence the jury's opinion.

Q & A

  • What unusual event occurred in the courtroom that led to the judge clearing it?

    -The unusual event was the contemptuous behavior of the witness, Robert Costello, who openly disrespected the judge's rulings and expressed his frustration audibly, which led Judge Juan Merchan to clear the courtroom.

  • Why was the courtroom cleared and what was the reaction of the people present?

    -The courtroom was cleared due to Robert Costello's disrespectful behavior towards the judge. There was confusion and some resistance, especially from the press who are typically allowed to stay for proceedings. The court officers had difficulty clearing the room, and there was back-and-forth argument between the press and the court.

  • What was the role of Robert Costello in the trial?

    -Robert Costello was the second and last witness called by the defense for Donald Trump. His testimony was crucial as it represented the entirety of the Trump defense in the trial.

  • How did Michael Cohen's decision not to hire Robert Costello reflect on Costello's behavior in court?

    -Michael Cohen testified that he did not hire Robert Costello because he did not trust him, believing Costello would inform Rudy Giuliani and Donald Trump about anything Cohen might tell him. This lack of trust could be related to Costello's contemptuous behavior in court.

  • What was the significance of the word 'Jeez' in the transcript?

    -The word 'Jeez' was significant because it was Robert Costello's audible expression of frustration with the judge's ruling, which was considered disrespectful and led to a confrontation with the judge.

  • How did Judge Merchan respond to Costello's behavior?

    -Judge Merchan responded sternly, asking Costello if he was staring him down and then ordering the courtroom to be cleared. He later put Costello on notice that his conduct was contemptuous and threatened to remove him from the stand and strike his entire testimony.

  • What is the typical relationship between a judge and the jury in a courtroom?

    -The judge is typically seen as the leader of the courtroom community. A good trial judge keeps things moving efficiently, accommodates the jury, and treats them as the most important people in the room, often earning their respect and gratitude.

  • Why was the court reporter unable to capture all the events in the transcript?

    -The court reporter was unable to capture all the events due to the chaotic nature of the courtroom clearing and the high-speed at which events were unfolding, which is unusual even for daily transcripts in a trial.

  • What was the role of the court officers in handling the situation?

    -The court officers played a crucial role in calmly and professionally clearing the courtroom and managing the confusion among reporters. They acted as a team and were able to get everyone out and then back into the courtroom within five minutes.

  • How did the audience and press react to the order to clear the courtroom?

    -The audience and press were initially resistant, with some arguing that they had a right to be in the courtroom. There was back-and-forth argument, and the court officers had to repeatedly instruct people to step out.

  • What was the final outcome of the confrontation between Judge Merchan and Robert Costello?

    -After the courtroom was cleared and the situation was discussed privately, Costello was put on notice by Judge Merchan for his contemptuous conduct. The judge threatened to remove him from the stand and strike his entire testimony if he continued his behavior.

Outlines

00:00

๐Ÿ‘จโ€โš–๏ธ Unprecedented Courtroom Dismissal by Judge Merchan

The script describes an extraordinary event in a courtroom where Judge Juan Merchan, in an unusual display of anger, orders the courtroom to be cleared due to the disrespectful behavior of a defense witness, Robert Costello. The witness, a former federal prosecutor, openly disrespects the judge's authority by reacting audibly to sustained objections with a dismissive 'Jeez,' and later suggests 'striking' his own testimony, a prerogative solely of the judge. This conduct is considered highly unusual and disrespectful within the courtroom setting, where the judge is the ultimate authority and is typically treated with the highest respect by all participants, including the jury and the media.

05:01

๐Ÿ“ The Impact of Courtroom Decorum on the Jury

This paragraph delves into the repercussions of a witness's inappropriate conduct in court, particularly focusing on how it might be perceived by the jury. It highlights the importance of a witness's demeanor and respect for the court's proceedings, as it can significantly influence the jury's opinion. The narrative recounts an incident where Robert Costello, the sole witness for the Trump defense, exhibits a lack of decorum by expressing frustration with the judge's rulings, which is captured by the court transcript. The incident leads to Judge Merchan clearing the courtroom, a rare event that underscores the severity of the witness's misconduct and its potential negative impact on the jury's perception of the defense.

10:01

๐Ÿšจ Judge Merchan's Stern Rebuke and Courtroom Protocol

The script details Judge Merchan's stern rebuke of Robert Costello for his contemptuous behavior in court. After clearing the courtroom, the judge addresses Costello directly, reminding him of the proper decorum expected in court and the consequences of his actions. Judge Merchan makes it clear that he is the only one with the authority to strike testimony and that showing disrespect, such as rolling one's eyes or giving side comments, will not be tolerated. The judge's admonishment serves as a reminder of the gravity of courtroom proceedings and the necessity for all participants to maintain a high standard of conduct.

15:04

๐Ÿ“œ The Aftermath of Contemptuous Behavior in Court

Following the incident of contempt in Judge Merchan's courtroom, the script describes the aftermath and the judge's decision to put Robert Costello on notice for his behavior. The judge warns Costello that any further attempts to undermine his authority will result in his removal from the stand and the striking of his entire testimony. This action underscores the seriousness with which the court treats contemptuous behavior and the potential consequences for those who fail to adhere to courtroom decorum. The court officers' professionalism in handling the situation is also highlighted, as they successfully clear and then re-admit the press to the courtroom.

Mindmap

Keywords

๐Ÿ’กCourtroom

A courtroom is a room where legal proceedings are held, typically presided over by a judge and involving lawyers, defendants, plaintiffs, and often a jury. In the context of the video, the courtroom is the central setting where the events unfold, with the judge, attorneys, and witnesses interacting within it. The script mentions the courtroom being cleared, indicating a significant disruption in the proceedings.

๐Ÿ’กJudge Juan Merchan

Judge Juan Merchan is the presiding judge in the courtroom scenario described in the script. The judge plays a crucial role in maintaining order and decorum during the trial. The video highlights an incident where Judge Merchan reacts strongly to a witness's disrespectful behavior, demonstrating the judge's authority and the importance of respect within the courtroom.

๐Ÿ’กClear the Courtroom

The phrase 'clear the courtroom' refers to the action of removing all individuals except for the essential participants in a trial, such as the judge, lawyers, and witnesses. In the video, this action is taken by Judge Merchan due to the contemptuous behavior of the witness, Robert Costello, indicating a severe breach of courtroom etiquette.

๐Ÿ’กContempt

Contempt, in a legal context, refers to behavior that disrespects the authority of the court, disrupts proceedings, or shows disregard for the rules of the court. In the script, the witness Robert Costello is described as displaying contempt through his actions and words towards the judge, leading to a dramatic escalation in the courtroom.

๐Ÿ’กWitness

A witness is a person who provides testimony or evidence in a legal proceeding. In the video, Robert Costello is the only witness testifying for Donald Trump's defense. His behavior on the witness stand is central to the conflict described in the script, as his contemptuous attitude towards the judge leads to a series of dramatic events.

๐Ÿ’กObjection

In legal proceedings, an 'objection' is a formal disagreement with something that occurred during the trial, such as a line of questioning or a piece of evidence. The script describes several instances where objections are raised, and how Robert Costello reacts to them, which is a key point of contention in the video.

๐Ÿ’กDefense Lawyer

A defense lawyer represents a defendant in a legal case, working to present evidence and arguments that counter the prosecution's case. The script mentions Robert Costello as a defense lawyer and his previous work with Rudy Giuliani, setting the context for his role and behavior in the courtroom.

๐Ÿ’กJury

A jury is a group of people sworn to render a verdict in a trial, based on the evidence presented. The video emphasizes the importance of the jury's respect for the judge and suggests that the witness's behavior could negatively impact their perception of the defense.

๐Ÿ’กMichael Cohen

Michael Cohen is mentioned in the script as a person who considered retaining Robert Costello for his criminal defense but ultimately decided against it. His decision not to hire Costello is highlighted as a point of interest in the context of Costello's courtroom behavior.

๐Ÿ’กCourt Transcript

A court transcript is a written record of everything that is said in court, including testimonies, objections, and rulings by the judge. The script notes that the court reporter may have missed some of the rapid exchanges due to the chaotic events, indicating the importance of the transcript in capturing the proceedings.

๐Ÿ’กLegal Etiquette

Legal etiquette refers to the customary rules of behavior expected in a court of law. The video discusses how Robert Costello's behavior violated these norms, leading to a loss of control in the courtroom and highlighting the significance of maintaining decorum during legal proceedings.

Highlights

Judge Juan Merchan's courtroom was unusually cleared, a rare event in legal proceedings.

The retired New York City judge in the audience had never had to clear his courtroom during his career.

In a multi-week trial, the courtroom becomes a community with the judge as its leader.

A good trial judge is efficient, accommodating to the jury, and treats them with respect.

Jurors often express strong positive feelings, such as 'I loved the judge', towards their trial judge.

The Trump defense's entire case rested on the testimony of attorney Robert Costello.

Robert Costello, a former federal prosecutor, was considered by Michael Cohen for his criminal defense but not hired.

Costello's behavior on the witness stand was disrespectful and drew the judge's ire.

Costello audibly objected to the judge's decision with an exclamation of 'Jeez', showing his disrespect.

Judge Merchan was visibly shocked by Costello's outburst and addressed it directly.

Costello's conduct led to a discussion about proper decorum in Judge Merchan's courtroom.

Judge Merchan put Costello on notice for his contemptuous behavior, threatening to strike his testimony.

The courtroom was cleared due to the press and audience's resistance to leaving, showing the gravity of the situation.

The court officers had to perform an unexpected task, demonstrating their professionalism and efficiency.

Michael Cohen testified that he did not hire Costello due to a lack of trust.

Cohen believed Costello would inform Giuliani and Trump about anything he shared with him.

Transcripts

00:01

GO TO IT.

00:02

I CAN'T WAIT TO SEE.

00:04

>> THANK YOU FOR GETTING ME IN

00:09

THE COURTROOM.

00:11

>> CLEAR THE COURTROOM.

00:15

YOU CAN SPEND YOUR LIFE WORKING

00:19

IN COURTROOMS AND NEVER HERE

00:21

THOSE WORDS.

00:22

AND IF YOU HAVE SPENT TIME IN

00:26

THE COURTROOM IT WOULD FEEL ALL

00:29

THE MORE IMPOSSIBLE THAT YOU

00:32

ARE HEARING CLEAR THE COURTROOM

00:34

AND YOU HEAR THEM SAID

00:36

REPEATEDLY AND LOUDLY AND MOST

00:41

SHOCKINGLY OF ALL, ANGRILY BY

00:43

JUDGE JUAN MERCHAN AS WE DID

00:45

TODAY.

00:46

AT 4:01. AS I WAS WALKING OUT

00:50

OF THE COURTROOM, I ASKED A

00:52

RETIRED NEW YORK CITY JUDGE WHO

00:54

WAS IN THE AUDIENCE, HOW MANY

00:57

TIMES HE HAD TO CLEAR THE

01:00

COURTROOM WHEN HE WAS A JUDGE.

01:02

HIS ANSWER WAS WHAT I EXPECTED.

01:04

NEVER.

01:06

IN A MULTI-WEEK TRIAL THE

01:09

COURTROOM BECOMES A COMMUNITY.

01:10

EVERYONE GETS TO KNOW EACH

01:12

OTHER VISUALLY, AT LEAST.

01:13

THE MEMBERS OF THE NEWS MEDIA

01:16

MAKE FRIENDS AT OTHER NEWS

01:20

ORGANIZATIONS.

01:20

THE JURY BECOMES VERY FAMILIAR

01:22

WITH ALL THE LAWYERS AND THEY

01:24

KNOW WHICH OF US ARE THE

01:27

REGULARS AND WHO ARE THE

01:28

TOURISTS POPPING IN FOR A DAY.

01:32

AND THE LEADER OF EVERY

01:33

COURTROOM COMMUNITY IS THE JUDGE.

01:34

JUDGE.

01:35

HE OR SHE SITS ABOVE US ALL AT

01:40

A HIGHER ALTITUDE AS A SYMBOL

01:44

OF THE AUTHORITY THAT THE JUDGE

01:47

ACTUALLY DOES HAVE. A GOOD

01:52

TRIAL JUDGE WHO KEEPS THINGS

01:55

MOVING EFFICIENTLY DOESN'T

01:56

WASTE TIME AND IS SOLICITOUS OF

01:57

THE TREES NEEDS AND DOES

01:59

EVERYTHING HE OR SHE CAN TO

02:00

ACCOMMODATE THE JURY AND TREATS

02:01

THE JURY AS THE MOST IMPORTANT

02:05

PEOPLE IN THE ROOM. USUALLY HAS

02:07

THE RESPECT AND THE GRATITUDE

02:10

OF THAT JURY, AND LATER AFTER

02:13

THE TRIAL WHEN JURORS WILL BE

02:16

ASKED ABOUT THE JUDGE, THEIR

02:18

SHORTHAND QUICK ANSWER OFTEN IS

02:20

, I LOVE HIM.

02:23

OR I LOVE HER. LOVED THE JUDGE.

02:28

IT'S VERY COMMON.

02:30

THE JURY IN JUDGE JUAN

02:32

MERCHAN'S COURTROOM HAS EVERY

02:34

REASON TO FEEL ANY POSITIVE

02:36

THING THAT A JUROR HAS FELT

02:38

ABOUT THEIR TRIAL JUDGE.

02:40

AND SO I KNOW FROM EXPERIENCE

02:42

AS WELL AS I KNOW ANYTHING

02:44

ABOUT COURTROOM LIFE THAT THE

02:46

JURY DID NOT LIKE IT ONE BIT

02:50

TODAY WHEN THE ONLY TESTIFYING

02:53

WITNESS THAT THE TRUMP DEFENSE

02:54

IS GOING TO CALL DECIDED TO

02:58

OPENLY DISRESPECT THE JUDGE

03:00

THAT THE JURY RESPECTS

03:02

SOULFULLY.

03:03

ROBERT COSTELLO WAS THE SECOND

03:06

WITNESS CALLED BY THE DEFENSE

03:09

AND OUR LAST WITNESS.

03:10

THERE ARE TO BE ANYMORE

03:11

WITNESSES.

03:12

THE FIRST WITNESS WAS A PURE

03:18

LEGAL WHO WORKS WITH THE TRUMP

03:20

DEFENSE TEAM TO INTRODUCE A

03:21

SPREADSHEET THAT HE CREATED OF

03:22

A LIST OF PHONE CALLS.

03:24

THAT WITNESS DID NOT PROVIDE

03:25

ANY TESTIMONY IN THE CASE AND

03:27

THAT WITNESS WILL NOT BE QUOTED

03:30

BY ANYONE. SO THE ENTIRE TRUMP

03:34

DEFENSE COMES DOWN TO THE

03:36

TESTIMONY OF ATTORNEY ROBERT

03:39

COSTELLO. ROBERT COSTELLO, WHO

03:41

USED TO WORK AS A FEDERAL

03:44

PROSECUTOR FOR RUDY GIULIANI AS

03:47

HIS BOSS.

03:48

HE WAS ONE OF THE LAWYERS

03:49

MICHAEL COHEN CONSIDERED

03:51

RETAINING FOR HIS CRIMINAL

03:54

DEFENSE AFTER THE FBI EXECUTED

03:56

SEARCH WARRANTS AT HIS HOME AND

04:00

HOTEL, AND, IN HIS OFFICE WHICH

04:02

WAS LOCATED EXACTLY 20 FLOORS

04:05

ABOVE WHERE I AM SITTING RIGHT

04:08

NOW IN THIS FAST OFFICE

04:11

BUILDING IN ROCKEFELLER CENTER.

04:12

MICHAEL COHEN DECIDED NOT TO

04:14

HIRE ROBERT COSTELLO.

04:16

AND TODAY ANYONE COULD SEE WHY.

04:19

FOR ONCE THE WORST CRIMINAL

04:21

DEFENSE LAWYER IN THE ROOM WAS

04:24

NOT ONE EMPLOYED BY DONALD

04:26

TRUMP.

04:27

I HAVE NOT SEEN A WORST

04:30

CRIMINAL DEFENSE LAWYER THAN

04:32

ROBERT COSTELLO OR A STUPIDER

04:35

ONE.

04:36

BASED ON JUST WHAT WE SAW HIM

04:38

DO ON THE WITNESS STAND TODAY

04:40

IN COURT.

04:42

TRUMP CRIMINAL DEFENSE LAWYER

04:47

DID THE QUESTIONING.

04:50

ALMOST ALL OF THE OBJECTIONS

04:55

WERE SUSTAINED INSTANTLY WHO

05:00

MAKES QUICK DECISIONS.

05:02

BUT BECAUSE HE ANSWERED

05:05

QUESTIONS QUICKER THAN THAT,

05:08

HIS ANSWERS WERE ENTERED IN THE

05:10

RECORD AS THE OBJECTION WAS

05:13

BEING RAISED.

05:14

IS THAT A TERM THAT MR. GIULIANI

05:17

USED.

05:17

>> OBJECTION.

05:20

>> MOVE TO STRIKE.>> STRICKEN.

05:25

STRICKEN MEANS THAT THE ONE

05:28

WORD ANSWER, YES, CANNOT BE

05:30

USED AS EVIDENCE BY THE JURY.

05:33

ROBERT COSTELLO DID NOT LIKE

05:38

THE OBJECTIONS.

05:39

THAT'S NOT UNUSUAL FOR WORKERS

05:40

AS WITNESSES TO HAVE THEIR OWN

05:42

OPINION ABOUT THE OBJECTIONS.

05:43

BUT IT'S VERY UNUSUAL FOR THEM

05:45

TO IN ANY WAY VOICE THAT

05:47

OPINION ABOUT THE OBJECTIONS ON

05:51

THE WITNESS STAND.

05:52

ATTORNEY MICHAEL COHEN HAD

05:54

FEELINGS ABOUT THE OBJECTIONS

05:55

WHEN HE WAS ON THE WITNESS

05:59

STONE BUT HE BEHAVED IN A

06:01

PROFESSIONAL WAY FOR LAWYER

06:03

TESTIFYING UNDER OATH IN COURT.

06:05

THAT'S NOT A COMMENT ON MICHAEL

06:06

COHEN'S CREDIBILITY.

06:08

SIMPLY HIS MANNER AS A WITNESS,

06:11

WHICH WAS FULLY RESPECTFUL OF

06:14

THE PROCESS.

06:15

FULLY RESPECTFUL OF THE JUDGE

06:16

AT ALL TIMES AND FULLY

06:19

RESPECTFUL OF DONALD TRUMP'S

06:20

CRIMINAL DEFENSE LAWYER CROSS-

06:22

EXAMINING HIM, TO WHICH MICHAEL

06:24

COHEN'S MOST FREQUENT ANSWER

06:27

WAS YES OR REPEATEDLY.

06:31

AND HERE IS WHAT WE ALL SAW AND

06:34

HEARD SOMETHING WE'VE NEVER

06:35

SEEN BEFORE.

06:37

LITTLE DID WE KNOW THERE WAS

06:43

MORE TO COME AFTER THIS.

06:45

QUESTION, I'D LIKE TO TAKE A

06:47

LOOK AT THE SECOND PARAGRAPH OF

06:47

THAT EMAIL.

06:48

TO SEE WHERE IT SAYS THE

06:50

QUESTION OF TIMING IS PREMATURE?

06:51

YEAH, I SEE THAT.

06:53

WHAT DID YOU MEAN BY THAT.

06:56

OBJECTION.

06:57

>> SUSTAINED.

07:00

>> JEEZ.

07:02

>> I WAS IN THE LAST ROW AND I

07:10

COULD HEAR ROBERT COSTELLO SAY

07:12

THAT ALL THE WAY BACK THERE

07:15

ABOUT THE OBJECTION.

07:16

THAT WAS HIS ATTITUDE TOWARD

07:17

THE OBJECTION.

07:19

AND THAT WAS HIS ATTITUDE ABOUT

07:23

THE JUDGE SUSTAINING THE

07:25

OBJECTION. THAT WAS HIS OBJECTION TO THE

07:28

THAT WAS HIS OBJECTION TO THE

07:31

JUDGE SUSTAINING THE OBJECTION.

07:35

JUDGE MERCHAN WAS SHOCKED.

07:38

WE'VE NEVER SEEN JUDGE MERCHAN

07:43

SHOCKED BEFORE.

07:44

AND EMIL BOVE TRIED TO RACE

07:47

PAST THE MOMENT WITH ANOTHER

07:50

QUESTION THAT GOT ANOTHER

07:53

OBJECTION AND WAS SUSTAINED AND

07:55

JUDGE MERCHAN LEANED ACROSS THE

07:58

BENCH AND RAISED HIS VOICE

08:02

LOOKING DIRECTLY AT THE WITNESS

08:04

, RIGHT THERE, AND SAID, I'M

08:05

SORRY?

08:06

WHAT DID YOU JUST SAY. AFTER A

08:12

SILENCE, JUDGE MERCHAN, IN AN

08:14

AGITATED BUT NOT ANGRY WAY

08:17

SAID, I'M SORRY?

08:19

MEANING, WHAT DID YOU JUST SAY.

08:20

HE KNEW WHAT HE SAID.

08:22

HE SAID JEEZ.

08:25

AND THAT DREW ATTENTION.

08:27

THE JUDGE DREW THAT ATTENTION

08:29

IN A BIG WAY.

08:31

THAT LINE THAT I JUST TOLD YOU

08:33

FROM JUDGE MERCHAN SAYING , I'M

08:36

SORRY?

08:37

I'M SORRY?

08:38

THAT DOES NOT APPEAR IN THE

08:41

COURT TRANSCRIPT BECAUSE TOO

08:43

MUCH WAS HAPPENING IN THE

08:44

COURTROOM FOR THE COURT REPORTER

08:46

, WHO HAD NEVER SEEN ANYTHING

08:51

LIKE THIS. THIS IS SOMETHING

08:53

THAT PEOPLE WHO DEAL WITH COURT

08:54

TRANSCRIPTS FOR MANY YEARS NOW,

08:56

ESPECIALLY TRANSCRIPTS PRODUCED

08:57

AT HIGH SPEED LIKE THE DAILY

08:58

TRANSCRIPTS IN THIS TRIAL.

09:03

THEY FREQUENTLY HAVE SMALL AND

09:05

UNIMPORTANT HEIRS.

09:06

WORDS LEFT OUT.

09:09

WORDS THAT ARE INCORRECT.

09:10

FOR EXAMPLE, IN THAT SAME

09:13

TRANSCRIPT EARLIER, WHEN ROBERT

09:15

COSTELLO WAS INTRODUCED IN THE

09:16

TRANSCRIPT AS A WITNESS, THE

09:19

TRANSCRIPT INCORRECTLY SAYS

09:20

ROBERT J COSTELLO, A WITNESS

09:23

CALLED ON BEHALF OF THE PEOPLE.

09:26

THAT IS WRONG.

09:27

ROBERT COSTELLO WAS CALLED ON

09:29

BEHALF OF THE DEFENSE.

09:32

AND THE LAWYERS ON BOTH SIDES

09:34

CAN USE AND WORK WITH THIS

09:36

TRANSCRIPT WITHOUT SUFFERING

09:38

ANY HARM FROM THOSE SMALL TYPOS

09:41

THAT THEY RECOGNIZE AND OTHER

09:43

OCCASIONAL WORDS LEFT OUT.

09:44

BUT THAT SOMETHING YOU HAVE TO

09:46

KNOW ABOUT THESE TRANSCRIPTS.

09:48

THIS TRANSCRIPT IS AMAZING.

09:49

I'VE NEVER SEEN A TRANSCRIPT

09:53

MAKE A MISTAKE ON ANY CRUCIAL

09:55

EVIDENTIARY WORD HER TESTIMONY.

09:58

BUT THE RELEVANT FACTOID ABOUT

10:01

THIS SIMPLY THAT THESE

10:03

TRANSCRIPTS CAN SOMETIMES BE

10:07

SLIGHTLY WRONG.

10:08

AFTER JUDGE MERCHAN SAID I'M

10:09

SORRY THE SECOND TIME , BY

10:12

WHICH HE MEANT, PARDON ME?

10:14

WHAT DID YOU JUST SAY?

10:16

AND HE MEANT IT IN A

10:18

THREATENING MANNER, ROBERT

10:21

COSTELLO SAID, STRIKE IT.

10:24

YOU SOMETIMES SECURE LAWYERS

10:26

DURING CROSS-EXAMINATION ASK A

10:27

QUESTION AND STRIKE IT AND THEY

10:29

START OVER AGAIN.

10:30

AND IT DOESN'T MEAN THAT THE

10:33

QUESTION THEY STARTED GETS

10:34

STRICKEN FROM THE RECORD.

10:35

IT'S JUST A NOTE TO THEMSELVES

10:39

THAT THE QUESTION DIDN'T COME

10:40

OUT RIGHT AND LET ME START OVER

10:41

AGAIN.

10:42

IT'S LIKE THE LAWYER SAYING,

10:44

NEVER MIND, I'M NOT CAN ASK

10:46

THIS QUESTION I'M CAN ASK

10:48

ANOTHER QUESTION.

10:49

EVERYONE UNDERSTANDS THAT.

10:50

SO ROBERT COSTELLO'S LAWYER

10:51

CAME INTO SAY, STRIKE IT OVER

10:55

SOMETHING THAT EVEN HE AT THAT

10:57

POINT REALIZED HE NEVER SHOULD

11:01

HAVE SAID THAT WISEGUY JEEZ

11:04

ABOUT THE JUDGE.

11:07

PUBLICLY IN THE ROOM IN FRONT

11:09

OF THE JURY.

11:11

ATTACKING THE JUDGE SUSTAINING

11:13

AN OBJECTION.

11:14

IT WAS A LEVEL OF MADNESS BY A

11:17

WITNESS, WHO IS A CRIMINAL

11:20

DEFENSE LAWYER, THAT YOU COULD

11:24

ONLY WONDER WHETHER HE SHOULD

11:26

BE IMMEDIATELY SUBJECTED TO A

11:28

SOBRIETY TEST. HOW LOSS COULD

11:29

THAT HAPPEN?

11:31

THAT IS HOW OUT THERE AND CRAZY

11:34

AND OUT OF CONTROL THAT MOMENT

11:37

WAS FOR A CRIMINAL DEFENSE

11:38

LAWYER.

11:38

BUT IT GOT WORSE.

11:41

JUDGE MERCHAN IN HIS TYPICALLY

11:43

COME BOYS SHIFTED AND SAID

11:46

COUNSEL, LET'S TAKE A MINUTE.

11:48

THEN LED THE JURY OUT OF THE

11:54

ROOM WHERE THE JUDGE TURNED TO

11:56

THE WITNESS BESIDE HIM AND USED

11:57

A VOICE STERNER THAN ANYTHING

12:00

WE'VE HEARD FROM JUDGE MERCHAN.

12:04

>> MR. COSTELLO, I WANT TO --

12:07

I WOULD LIKE TO DISCUSS PROPER

12:08

DECORUM IN MY COURTROOM.

12:11

BUT -- I'M SORRY, GO AHEAD.

12:13

I WANT TO DISCUSS PROPER

12:15

DECORUM IN MY COURTROOM.>>

12:20

RIGHT.

12:21

>> OKAY.

12:22

SO WHEN THERE IS A WITNESS ON THE STAND, IF YOU DON'T LIKE MY

12:24

THE STAND, IF YOU DON'T LIKE MY

12:27

RULING, YOU DON'T SAY JEEZ,

12:31

OKAY.

12:31

AND YOU AND THEN YOU DON'T SAY

12:32

STRIKE IT.

12:33

BECAUSE I'M THE ONLY ONE THAT

12:34

CAN STRIKE TESTIMONY IN THE

12:35

COURTROOM.

12:35

DO UNDERSTAND THAT?

12:36

>> I UNDERSTAND.

12:36

>> AND THEN, IF YOU DON'T LIKE

12:41

MY RULING, YOU DON'T GIVE ME

12:43

SIDE I AND YOU DON'T ROLL YOUR

12:44

EYES.

12:44

DO UNDERSTAND THAT?

12:45

DO UNDERSTAND THAT?

12:46

>> I UNDERSTAND THAT.

12:47

I UNDERSTAND WHAT YOU'RE

12:48

SAYING.

12:48

>> OKAY.

12:50

THANK YOU.

12:51

LET'S GET THE JURY BACK.

12:53

ARE YOU STARING ME DOWN?

12:54

>> NO.

12:58

I'M JUST WONDERING HOW --

13:01

>> CLEAR THE COURTROOM, PLEASE.

13:02

CLEAR THE COURTROOM.

13:03

>> DO YOU WANT ME TO ANSWER

13:04

YOUR QUESTION?

13:05

>> SIR, PLEASE.

13:07

>> STEP OUTSIDE, PLEASE.

13:09

STEP TO THE SIDE, AND WE ALL

13:11

BEGAN TO GET UP TO LEAVE THE

13:12

COURTROOM.

13:13

THOSE OF US WHO KNEW THAT THE

13:15

JUDGE HAD FULL AUTHORITY TO

13:17

CLEAR THAT COURTROOM, HALF OF

13:19

THE REPORTERS TRIED TO STAY IN

13:21

THEIR SEATS AND SOME TRY TO

13:23

ARGUE WITH THE JUDGE.

13:24

ONCE SAID THAT THERE WAS A

13:29

PRESS LAWYER IN THE COURTROOM

13:31

AND INSIST THEY HAVE A RIGHT TO

13:33

BE IN THE COURTROOM.

13:34

AND FOR 2 PAGES OF COURT

13:35

TRANSCRIPTS, THERE ARE ENTRIES

13:36

WE NEVER SEEN BEFORE THE COURT

13:39

TRANSCRIPT QUOTING THE COURT

13:42

OFFICER SAYING, STEP OUT,

13:43

REPEATEDLY.

13:44

A PERSON IN THE AUDIENCE SAYING

13:52

WHY?

13:53

THIS IS AN OPEN COURTROOM.

13:55

THE COURT OFFICER SAYING THIS

13:56

IS NOT AN OPEN COURTROOM.

13:57

WE WILL ANSWER ALL QUESTIONS IN

13:57

THE HALLWAY.

13:58

PLEASE STEP OUT.

13:59

THIS IS A SUPREME COURT

14:02

COURTROOM.

14:03

A PERSON IN THE AUDIENCE.

14:04

THIS IS AN OPEN COURTROOM.

14:05

YOU CAN SPEND YOUR LIFE READING

14:06

COURT TRANSCRIPTS.

14:08

AND YOU WILL NEVER SEE THE ENTRY

14:12

, PERSON IN THE AUDIENCE AND

14:14

THAT PERSON SPEAKING.

14:16

THAT DOES NOT HAPPEN.

14:19

WHAT WE HAVE -- WHAT WE HAVE

14:22

FOR THE MINUTES THAT IT TOOK TO

14:25

CLEAR THAT COURTROOM, WHAT WE

14:26

HAD BEEN WAS CHAOS IN THE

14:28

COURTROOM.

14:29

ALL CAUSED BY THE WISEGUY ON

14:33

THE WITNESS STAND WHO DECIDED

14:35

HE WAS GOING TO SHOW THE JUDGE

14:37

THAT HE WAS SMARTER THAN THE

14:38

JUDGE.

14:39

AND WORSE FOR HIM AND THE TRUMP

14:42

DEFENSE, HE WAS GOING TO SHOW

14:44

THE JURY THAT HE THINKS HE'S

14:47

SMARTER THAN THEIR JUDGE.

14:50

AND IT IS VERY UNLIKELY THAT

14:52

THE JURY THINKS THERE'S ANYONE

14:55

IN THAT COURTROOM WHO IS AS

14:58

SMART AS THEIR JUDGE.

15:00

AFTER FIVE MINUTES IN THE

15:03

HALLWAY THAT SEEMED LIKE FOREVER

15:05

, WE WERE BROUGHT BACK INTO THE

15:08

COURTROOM HAVING NO IDEA WHAT

15:10

WAS SAID IN OUR ABSENCE BUT

15:12

KNOWING IT WAS ABOUT THE

15:14

WISEGUY ON THE WITNESS STAND.

15:16

THIS EVENING AT 7:27, THE FINAL

15:18

PAGES ARRIVED IN OUR INBOX AND

15:20

WE GOT TO SEE WHAT HAPPENED

15:22

WHEN JUDGE MERCHAN CLEARED THE

15:27

COURTROOM.

15:27

THE TRANSCRIPT SAYS, THE

15:28

COURTROOM IS CLEARED OF PEOPLE

15:30

IN THE AUDIENCE BY THE COURT

15:33

OFFICERS AT THIS TIME.

15:34

ALL RIGHT. LET THE RECORD REFLECT THAT

15:35

LET THE RECORD REFLECT THAT

15:39

IT'S NOW FIVE AFTER FOUR.

15:47

LET THE RECORD ALSO REFLECT

15:51

THAT THE COURT OFFICERS HAD

15:52

GREAT DIFFICULTY CLEARING THE

15:53

COURTROOM, BECAUSE THE

15:54

COURTROOM IS PRIMARILY MADE UP

15:55

OF THE PRESS AND I CAN

15:56

APPRECIATE THAT THE PRESS WANTS

15:57

TO BE PRESENT FOR EVERY PART OF

15:58

THESE PROCEEDINGS, THEREFORE

15:59

THIS RECORD IS NOT SEALED.

16:00

THE PRESS WILL HAVE ACCESS TO

16:01

THIS RECORD.

16:02

THE FACT THAT I HAD TO CLEAR

16:03

THE COURTROOM AND THAT THE

16:04

COURT OFFICERS, INCLUDING THE

16:05

CAPTAIN, HAD GREAT DIFFICULTY

16:09

CLEARING THE COURTROOM, AND

16:11

THAT THERE WAS ARGUMENT BACK

16:13

AND FORTH BETWEEN THE PRESS AND

16:14

INCLUDING COUNSEL FOR THE

16:15

PRESS, GOES TO WHY IT HAD TO

16:16

CLEAR THE COURTROOM IN THE

16:17

FIRST PLACE AND THAT IS, SIR,

16:18

YOUR CONDUCT IS CONTEMPTUOUS

16:19

RIGHT NOW.

16:21

I AM PUTTING YOU ON NOTICE THAT

16:27

YOUR CONDUCT IS CONTEMPTUOUS.

16:28

IF YOU TRY TO STEER ME DOWN ONE

16:32

MORE TIME, I WILL REMOVE YOU

16:34

FROM THE STAND.

16:35

I WILL STRIKE HIS ENTIRE

16:35

TESTIMONY.

16:36

DO YOU UNDERSTAND ME?

16:38

>> YES, JUDGE.

16:41

I UNDERSTAND.

16:42

>> LISTEN TO THE QUESTION AND

16:44

ANSWER THE QUESTION.

16:45

>> CAN I SAY SOMETHING,

16:51

PLEASE?>> NO.

16:51

NO.

16:52

THIS IS NOT A CONVERSATION.

16:53

>> OKAY.

16:53

>> ALL RIGHT.

16:55

LET'S -- WE CAN BRING THE PRESS

16:57

BACK IN, PLEASE.

16:59

>> READY, YOUR HONOR?

17:02

>> YES, PLEASE.>> OKAY.

17:04

THE PRESS IS ENTERING THE

17:06

COURTROOM.

17:08

THAT TEAM OF ABLE COURT

17:11

OFFICERS, WHO ARE ALREADY DOING

17:14

AN EXTRAORDINARY, THE OTHER

17:18

BEYOND THE CALL OF DUTY, JOB,

17:20

BEGINNING FOR MANY OF THEM AT

17:22

6:30 A.M., HAD TO DO SOMETHING

17:24

TODAY AS A TEAM THAT THEY NEVER

17:25

EXPECTED THEY WERE GOING TO

17:30

HAVE TO DO.

17:32

CLEAR THAT COURTROOM.

17:33

THEY DID IT CALMLY, CORRECTLY,

17:34

USING THEIR AUTHORITY,

17:36

UNDERSTANDING THE CONFUSION

17:37

THAT MANY REPORTERS WERE

17:38

SUFFERING.

17:39

BUT THEY GOT US ALL OUT OF THAT

17:41

COURTROOM AND GOT US ALL BACK

17:44

IN THAT COURTROOM FIVE MINUTES

17:48

LATER.

17:49

THEY DID IT WITH REMARKABLE

17:51

PROFESSIONALISM.

17:53

IT IS JUST REMARKABLE HOW QUICKLY AND EFFICIENTLY THEY

17:54

QUICKLY AND EFFICIENTLY THEY

17:56

WENT INTO ACTION AS A TEAM OF

18:02

COURT OFFICERS FOR SOMETHING

18:03

THEY NEVER EXPECTED TO HAVE TO

18:05

DO IN THAT ROOM.

18:06

THEY HAD TO DO IT BECAUSE THE

18:08

ONLY WITNESS, THE ONLY WITNESS

18:10

TESTIFYING FOR DONALD TRUMP WAS

18:11

CONTEMPTUOUS FROM THE START.

18:12

AND SO IS ANGRY A MOMENT AS

18:15

THAT MOMENT WAS FOR JUDGE

18:18

MERCHAN, THE ANGER WAS A SMALL

18:20

FRACTION OF WHAT MANY OTHER

18:21

JUDGES WOULD HAVE LEGITIMATELY

18:23

SHOWN FOR THE UTTERLY

18:26

CONTEMPTUOUS WITNESS FOR THE

18:32

TRUMP DEFENSE.

18:33

MICHAEL COHEN TESTIFIED TO THE

18:35

JURY HE DID NOT HIRE ROBERT

18:36

COSTELLO BECAUSE HE DID NOT

18:38

TRUST THEM.

18:39

MICHAEL COHEN SAID HE BELIEVED

18:40

THAT ROBERT COSTELLO WOULD TELL

18:41

RUDY GIULIANI AND DONALD TRUMP

18:42

EVERYTHING MICHAEL COHEN MIGHT

18:44

TELL ROBERT COSTELLO.

18:45

ROBERT COSTELLO'S OBVIOUS

18:48

CONTEMPT FOR THE JUDGE PROBABLY

18:50

CONVINCED MOST OF THE JURORS