'This is unbelievable': CNN reporter reacts to judge admonishing witness at Trump trial

CNN
20 May 202409:55

Summary

TLDRIn a dramatic courtroom scene, defense witness Robert Costello, a lawyer who previously advised Michael Cohen, testifies to impeach Cohen's credibility. However, Costello's disdain for Judge McCann's rulings and his exasperated reactions, including rolling his eyes and sighing audibly, lead to an unprecedented move by the judge to clear the courtroom. This unusual conduct by an experienced attorney raises concerns about its impact on the case and the defendant's insistence on calling Costello despite the defense team's reservations.

Takeaways

  • 👨‍⚖️ Robert Costello, a lawyer and former advisor to Michael Cohen, is called as a defense witness to impeach Cohen's credibility.
  • 🗣️ Costello has publicly stated that Cohen lied about him in his testimony to Congress, claiming Cohen told him he had no incriminating information on Donald Trump.
  • 😠 Costello displays open disdain for Judge McCann's rulings, shaking his head and expressing frustration verbally during the proceedings.
  • 👀 The judge asks for the courtroom to be cleared due to an escalating security concern, an extreme measure indicating the severity of the situation.
  • 🚫 Judge Mershon reprimands Costello for his behavior, including rolling his eyes and giving the judge a sidelong glance, emphasizing the importance of courtroom decorum.
  • 🤔 There is speculation that Costello's behavior may be strategic posturing for the defendant, despite the potential risk to the case.
  • 🔍 Some members of Trump's team were against calling Costello as a witness due to concerns about his potential negative impact on the case.
  • 📚 Costello is known to have animosity towards both Michael Cohen and the judge, which may be influencing his conduct in court.
  • 👥 The defense team's strategy is being undermined by Costello's behavior, which could affect the jury's perception of the case.
  • 📉 The incident has led to a temporary halt in the trial, with the judge addressing the issue of proper conduct in the courtroom after the jury was dismissed.
  • 📺 The media and gallery attendees are allowed back into the courtroom after the tense exchange, indicating a return to normal proceedings.

Q & A

  • Who is Robert Costello and what role does he play in the trial?

    -Robert Costello is a lawyer who previously advised Michael Cohen. He is called as a witness for the defense with the purpose of impeaching the credibility of Michael Cohen, who has testified before Congress.

  • Why is Costello's behavior in the courtroom considered unusual?

    -Costello's behavior is unusual because he is showing disdain for Judge McCann's rulings, rolling his eyes, and expressing frustration audibly, which is not typical conduct for a witness, especially a legal professional.

  • What was the significance of the judge clearing the courtroom?

    -The judge cleared the courtroom as a response to Costello's disruptive behavior, which escalated to a point where maintaining proper decorum was necessary. This is an extreme measure and indicates the severity of the situation.

  • Why was there disagreement within the Trump team about calling Bob Costello as a witness?

    -There was disagreement because some members of Trump's team thought Costello would be too much of a threat due to his potential behavior and the risk of jeopardizing the case.

  • What does the transcript suggest about the defendant's opinion of Costello's performance in Congress?

    -The transcript suggests that the defendant, likely referring to Michael Cohen, appreciated Costello's performance in Congress, where he attacked the case and the judge, which is why he insisted on having Costello called as a witness.

  • What does the judge's reprimand of Costello indicate about the courtroom proceedings?

    -The judge's reprimand indicates that Costello's behavior was disrespectful and against the norms of courtroom decorum. It also shows the judge's intent to maintain order and respect for the judicial process.

  • What impact might Costello's behavior have on the case?

    -Costello's behavior could potentially undermine the defense's case, as it might affect the jury's perception of his credibility and the respect he shows towards the court and its proceedings.

  • Why was Costello not expected to be called until late last week?

    -Costello was not expected to be called until late last week because there were concerns about his behavior and its potential impact on the case. However, Trump insisted on calling him as a witness.

  • What is the general consensus among the panel regarding Costello's behavior?

    -The general consensus among the panel is one of surprise and shock at Costello's behavior, considering his experience as an attorney and his previous roles in high-profile legal cases.

  • How might the jury perceive the numerous objections from the prosecutor's office?

    -The jury might perceive the numerous objections as an indication that the prosecution is trying to hide something significant or that they are being overly aggressive in their questioning.

Outlines

00:00

👨‍⚖️ Defense Witness's Disrespectful Behavior

The first paragraph describes a tense courtroom scene where Robert Costello, a defense witness and lawyer, is called to testify against Michael Cohen. Costello is there to impeach Cohen's credibility, claiming Cohen told him he had no incriminating information on Donald Trump. However, Costello displays open disdain for Judge McCann's rulings, shaking his head and audibly expressing frustration with the proceedings. This behavior escalates to the point where the judge clears the courtroom due to a security concern, a rare occurrence. The paragraph discusses the implications of this conduct on the case and the defendant's decision to call Costello despite concerns from Trump's team.

05:02

😮 Unprecedented Witness Conduct and Its Impact

The second paragraph continues the narrative of Costello's disruptive behavior in court. It highlights the unusual nature of his actions, especially considering his experience as a lawyer and previous roles in high-profile cases. The discussion includes the potential negative impact of his conduct on the defense's case, as it could undermine the credibility of the defense's arguments. The panel weighs in on the situation, expressing surprise and shock at Costello's demeanor and speculating on the reasons behind his actions. The summary also touches on the possible effects on the jury's perception and the strategic considerations of calling such a witness.

Mindmap

Keywords

💡Stand rig

The term 'stand rig' is not explicitly defined in the script, but it likely refers to the courtroom setting or the proceedings taking place there. It is related to the theme of the video as it sets the scene for the intense legal drama unfolding. The script mentions 'what's going on on the stand rig,' indicating a focus on the events occurring within the courtroom.

💡Robert Cos

Robert Cos is mentioned as a witness called by the defense. He is a lawyer who previously advised Michael Cohen. In the video's context, he is there to impeach the credibility of Michael Cohen, suggesting that he is expected to provide testimony that contradicts Cohen's statements. His behavior in court, as described in the script, becomes a significant point of contention.

💡Impeachment of credibility

The impeachment of credibility refers to the process of challenging a witness's trustworthiness or the reliability of their testimony. In the script, it is mentioned that Robert Cos is there to impeach Michael Cohen's credibility, indicating that the defense is trying to undermine Cohen's testimony by suggesting he is lying or has lied in the past.

💡Congress

Congress is mentioned in the context of Michael Cohen's testimony before Republicans in Congress. This reference highlights the broader political implications of the case and suggests that Cohen's statements have had an impact beyond the immediate courtroom, involving political figures and parties.

💡Costello

Costello appears to be another name for Robert Cos and is used throughout the script to refer to the same individual. His reactions and behavior in court, such as shaking his head and expressing frustration, are central to the narrative of the video, illustrating the tension and drama in the courtroom.

💡Judge McCann's ruling

Judge McCann's ruling is a key point of contention in the script. Costello shows disdain for the judge's decisions, which is unusual and unprofessional behavior for a lawyer. This ruling and the reaction to it contribute to the escalating tension in the courtroom.

💡Side bar

A side bar refers to a discussion that takes place out of earshot of the jury, typically between the judge and the attorneys. In the script, it is mentioned that when the prosecution objected, the judge asked the lawyers to approach the bench for a side bar. This is a procedural aspect of the trial that becomes significant due to Costello's audible comments.

💡Jury

The jury is a group of people sworn to render a verdict based on the evidence presented in court. In the script, the judge asks the jury to leave the room during a particularly tense moment, indicating a serious breach of courtroom decorum that requires addressing without the jury's presence.

💡Decorum

Decorum refers to the proper behavior and respect expected in a formal setting, such as a courtroom. The judge in the script discusses 'proper decorum in my courtroom,' indicating that Costello's behavior has been inappropriate and disrespectful, leading to a disruption in the trial proceedings.

💡Security concern

A security concern is mentioned when the judge clears the courtroom, suggesting that the situation has escalated to a point where the safety or order of the court may be at risk. This is an extreme measure that underscores the severity of the situation and the judge's need to regain control.

💡Client

The client in this context likely refers to Donald Trump, who insisted on calling Robert Cos (Costello) as a witness despite concerns from his defense team. This decision is highlighted as a point of contention within the Trump team, indicating internal disagreements about trial strategy.

Highlights

Robert Costello, a lawyer who advised Michael Cohen, is called as a defense witness.

Costello claims Michael Cohen lied about him during his testimony before Congress.

Costello is present to impeach the credibility of Michael Cohen.

Costello expresses disdain for Judge McCann's ruling and shows frustration during the trial.

Judge Mershon sustains an objection from the prosecution, irritating Costello.

Costello is overheard calling the proceedings 'ridiculous' on a microphone.

Judge asks for a trial recess and orders the jury to leave the room due to Costello's behavior.

The courtroom is cleared as a security concern arises from Costello's conduct.

There is disagreement within Trump's team about calling Costello as a witness.

Costello's disrespectful behavior towards the judge is highlighted.

Judge reprimands Costello for his conduct and lack of courtroom decorum.

Costello's eye-rolling and sighing are captured, indicating frustration.

Experts express shock at Costello's behavior, given his experience and reputation.

Costello's testimony before the grand jury is mentioned, noting its impact.

Concerns about Costello's potential negative impact on the case are discussed.

The courtroom is reopened after the tense exchange with Costello.

Transcripts

00:00

Let's walk through

00:00

what's going on on the stand rig

00:01

because it sounds rather intense

00:04

The defense is called Robert Cos

00:06

as a witness.

00:07

He was a lawyer

00:08

who at one point had advised

00:10

Michael Cohen.

00:11

He in the last few weeks,

00:12

he has been coming out and sayin

00:14

that Michael Cohen

00:15

is lying about him on the stand.

00:18

He testified before Congress,

00:20

before Republicans in Congress.

00:21

And some of what's going on righ

00:24

is, for instance, Costello said

00:28

that he Cohen told him 10 to 12

00:31

during their meeting,

00:33

I swear to God, Bob,

00:34

I don't have anything on Donald

00:36

So that's

00:37

he is there

00:37

to impeach the credibility

00:39

of Michael Cohen.

00:41

But what's going on

00:42

is that Costello is really expre

00:46

disdain for Judge McCann's rulin

00:50

Costello shakes his head

00:51

as if he was exasperated, exaspe

00:54

when Judge Mershon sustained an

00:56

from the prosecution

00:57

about one of the answers.

00:58

At another time

01:00

when the prosecution objected,

01:03

Gershon

01:04

told the lawyers to approach

01:05

the bench,

01:06

and Costello

01:07

could be heard saying

01:08

on the microphone,

01:09

Ridiculous, just saying

01:10

ridiculous

01:11

while the attorneys are at sideb

01:15

Then in another time,

01:16

there was another objection

01:17

which was sustained.

01:18

Costello lets out a Jesus.

01:21

I'm that's my interpretation.

01:23

But that's how one says such a t

01:25

when they're frustrated.

01:27

Sean leans forward

01:28

and says to the witness, Mr.

01:30

Costello, sorry.

01:32

And then Beauvais returns.

01:34

No, no. And then?

01:35

And then at one point

01:36

the judge actually asks

01:39

for the for the trial to take a

01:42

He tells the jury to leave the r

01:43

This is a pretty extreme thing t

01:45

And he tells Costello in a raise

01:48

Jake, the judge has just cleared

01:50

the entire courtroom.

01:51

Here is it.

01:51

Now, this has escalated

01:52

to a security concern

01:53

and the overflow is cut.

01:55

We're not getting any more infor

01:57

I mean, the fact that

01:57

this has escalated to this exten

01:59

this is part of why

02:00

there was disagreement

02:01

within the Trump world

02:02

about whether they should call

02:03

Bob Costello.

02:05

The only reason he is being call

02:06

is because the client insisted

02:07

that he be called.

02:08

There were people on Trump's tea

02:10

that thought he would be

02:10

too much of a threat.

02:11

So that the judge has now

02:13

reprimanded him for staring him

02:15

Yeah, this is really taking it.

02:16

So, yeah, that's what I was

02:17

I was getting to that,

02:18

he told Costello in a raised voi

02:20

when he told the jury to leave.

02:22

Mr.

02:22

Costello, you're to remain seate

02:25

The jury leaves.

02:26

Then Costello

02:27

After another sustained

02:29

objection, Costello rolls his ey

02:31

lets out an audible sigh, side g

02:35

The judge,

02:36

the judge says,

02:37

I want to discuss

02:38

proper decorum in my courtroom.

02:40

The judge says,

02:41

You don't give me a side eye

02:43

and you don't roll your eyes.

02:45

The judge says

02:45

when there's a witness on the st

02:47

if you don't like my ruling,

02:48

you don't say, Geez,

02:49

you don't say, strike it.

02:51

Costello holds a long glare at t

02:55

Judge Mershon says,

02:56

Are you staring me down?

02:58

Then the judge says, Clear the c

03:01

There's yelling by security offi

03:02

at the press to leave.

03:04

The video is cut.

03:05

Court security says

03:06

nobody can come back in.

03:08

Paula, you have a JD.

03:11

You've been covering court cases

03:12

for quite some time.

03:14

Have you ever seen anything like

03:18

No.

03:18

This is unbelievable.

03:19

And I know Bob Costello quite we

03:21

I've talked to him for about a d

03:22

The fact that he would allow thi

03:24

to happen on the stand,

03:25

it suggests in many ways

03:26

that he is probably posturing

03:28

for the defendant.

03:29

Remember, it's the defendant

03:30

that overrode his own defense at

03:32

They said this is not a good ide

03:34

Do not put Costello on the stand

03:35

He overrode them

03:36

because he loved Costello's perf

03:38

in Congress last week,

03:40

where he attacked

03:40

not only Bob Costello,

03:42

but also this case and the judge

03:44

So the fact that Costello

03:45

would conduct himself in a trial

03:47

like this

03:47

potentially jeopardize a case li

03:50

I am actually pretty surprised.

03:51

But it validates the concerns

03:54

that have been expressed

03:56

by members of Trump's defense te

03:57

about why

03:58

they did not want to call

03:59

Costello

04:00

and also remind us why

04:01

when the defendant calls the sho

04:03

and not the defense attorneys,

04:04

you can have something like this

04:06

And Paula, I mean, Bob, Robert C

04:09

Bob Costello, he is an attorney,

04:11

I mean, he knows how important i

04:15

than the average

04:17

Joe on the street

04:18

to show

04:20

respect and deference

04:22

to a judge's rulings.

04:24

I mean, these are just objection

04:25

that are being sustained.

04:26

I was there last week or the wee

04:28

And, you know,

04:29

I mean, a judge machine sustains

04:31

objections from both the prosecu

04:33

and the defense.

04:33

I know the defense

04:35

doesn't think he's fair,

04:36

but as a general note,

04:38

what I saw

04:39

seemed, you know,

04:40

in keeping with courtroom procee

04:42

for him to do that,

04:45

that's that's knowing hostility.

04:47

I mean, that is knowing

04:49

animosity towards a judge's ruli

04:54

Jake, this is

04:55

this is unbelievable that he wou

04:57

in this kind of conduct, forced

04:59

the entire courtroom to be clear

05:02

I reiterate,

05:02

there have always been concerns

05:03

about Costello.

05:05

Costello is the only defense

05:06

witness called

05:06

before the grand jury in this ca

05:08

His testimony,

05:10

he said, resonated with the gran

05:12

But he didn't stave off an indic

05:14

He was not expected to be called

05:15

until late last week

05:16

when Trump said he had to be cal

05:18

This is so over the top,

05:20

undermining everything

05:21

the defense has tried to do

05:22

for their client

05:23

over the past week or so.

05:26

It's unclear

05:26

what impact

05:27

this is going to have on the cas

05:29

but this is exactly why

05:30

certain members of the defense t

05:32

did not want to call him.

05:33

But again, I dealt with him for

05:35

I am pretty shocked

05:37

that this is the way that he's

05:38

behaving on the stand.

05:39

Look, he has animus towards

05:40

Michael Cohen, no doubt.

05:41

He also has some

05:42

ill will towards the judge.

05:43

But the fact that he would engag

05:45

in this kind of behavior

05:46

in a criminal courtroom

05:47

in a historic case of this natur

05:49

is truly shocking.

05:50

Yeah.

05:51

And members

05:51

of the media

05:52

and the people in the gallery

05:53

are being

05:53

allowed back into the courtroom.

05:54

Let me get my panel to weigh in

05:57

And I apologize ahead of time, p

05:59

for when I interrupt you to tell

06:01

what's going on inside the court

06:03

But first,

06:03

let me start with Caitlin

06:04

Poland's, who's been covering th

06:07

for quite some time.

06:08

I'm pretty surprised. What about

06:10

I'm pretty surprised.

06:11

But, Jake,

06:11

this is maintaining order in the

06:15

No, no, I'm surprised about Bob

06:16

who is a

06:17

you know,

06:17

a member of the bar would say, J

06:20

when the judge it makes a ruling

06:21

He doesn't like it.

06:22

He's a he's not a he's

06:24

not he's not the defendant.

06:25

He's a witness.

06:26

Yeah.

06:26

And staring at the judge,

06:28

sighing, rolling his eyes.

06:30

That's clearly not the sort of b

06:32

that you would expect out of a w

06:33

And, you know,

06:34

we can't say exactly

06:35

why he's doing what he's doing,

06:37

but he is quite an experienced a

06:39

and he is in this circle of peop

06:42

Donald Trump

06:43

who's been on the legal side of

06:45

more often

06:46

then in this sort of position

06:48

as a witness.

06:49

He was Steve Bannon's lawyer.

06:51

He was Rudy Giuliani's lawyer.

06:53

He has been a lawyer in these ca

06:56

for quite some time.

06:57

In this context, he's a legal ad

07:00

to Michael Cohen,

07:01

trying to put that fine point

07:03

for the defense team

07:04

that Michael Cohen is a lying li

07:06

who lies.

07:07

Yeah,

07:08

Whether that's going to come acr

07:10

because of this level of disrupt

07:12

remains to be seen

07:13

will be for the jury to decide.

07:15

Elise Adamson, what do you think

07:16

What do you make of it all?

07:18

I mean, I am really shocked.

07:19

The only time I've ever seen

07:21

a courtroom cleared

07:22

is when there's

07:22

an actual security concern.

07:24

Somebody has yelled

07:25

something threatening.

07:26

The defendant has got up

07:27

and made movements toward the do

07:30

That's when they clear a courtro

07:31

So this was an extreme step,

07:33

but one that was necessary

07:35

because it is right. He.

07:37

Costello was showing

07:38

no decorum

07:39

for the court,

07:39

a complete

07:41

disrespect for this judicial pro

07:43

And you know what?

07:44

It undermines the defense's case

07:46

because they need him to be more

07:48

than Michael Cohen.

07:49

But when assessing

07:50

the credibility of a witness,

07:51

which the judge will instruct, d

07:54

is one of the things

07:55

that the jury can take into acco

07:57

when assessing the credibility

07:59

and think about the demeanor

08:00

we've just seen.

08:01

That's a ten part lottery.

08:02

What do you what do you make of

08:04

All because I have to say, Bob C

08:07

you know, elderly gentleman walk

08:09

in, has a

08:10

has a good story

08:11

to tell about why Michael Cohen

08:13

either lied then or is lying now

08:14

One of the other. Why why do thi

08:18

speculate for me?

08:19

Oh, I was good for.

08:20

My good

08:20

because I don't have a good answ

08:21

So you don't know.

08:22

But it's form speculation.

08:23

I mean, look, in

08:24

full disclosure, Bob is a friend

08:26

I've known him for for a while.

08:27

Did you expect. This? No.

08:29

Now, Bob is the former head

08:30

of the criminal division

08:32

in the Southern District

08:33

of New York, U.S.

08:34

Attorney's Office.

08:35

He's a very experienced criminal

08:38

I know that he has been frustrat

08:40

generally with the process.

08:41

I know that

08:41

when he went before the grand ju

08:43

he was very frustrated

08:44

that frustrated with what

08:45

with the district attorney

08:46

and the way that they presented

08:48

the case where

08:49

they wouldn't

08:50

ask him the questions

08:51

or let him testify about certain

08:54

And, you know,

08:54

he brought a lot of the emails

08:56

and they refused to

08:57

submit them to the jury.

08:58

So maybe this is some of that fr

09:01

boiling over.

09:03

You know,

09:04

while certainly

09:05

you don't want to have

09:05

this kind of behavior

09:06

in front of the jury,

09:07

I will tell you that, you know,

09:08

much of what we're seeing right

09:10

is after the jury left. Yeah.

09:11

And one thing I was thinking bef

09:15

before this is the volume of

09:18

of objections

09:19

coming from the prosecutor's off

09:21

It struck me that it could have

09:23

the negative impact

09:24

of the jury of saying,

09:25

oh, this is something

09:27

they really don't want us to hea

09:29

It must be something. Some.

09:31

They're there. Yeah.

09:32

I don't know if Bob, maybe

09:35

if this increases that

09:36

or if it neutralizes.

09:37

We're going to squeeze in a quic

09:39

Shinwell, I'm going to come to

09:39

you first in the next block.

09:40

I apologize. Everyone stay with

09:42

If you're just joining us,

09:43

the judge has just cleared the c

09:45

and then reopened it

09:45

after a rather tense exchange

09:47

with a defense witness.

09:49

How will this dramatic day,

09:50

19 of the hush money cover up ca

09:51

And CNN's

09:52

covering this trial gavel to gav

09:54

We'll be right back.