'This has to play on a jury': Experts warn trial meltdown must have hurt Trump
May 20, 2024
Legal and political analysts agreed that the meltdown sparked by a witness called by Donald Trump's defense team Monday could not have left a good impression with the jury.
Michael Cohen's former lawyer, Robert Costello, was brought up to testify for the defense in an effort to reveal what Cohen had told him.
It didn't go well.
Costello began complaining on the microphone with each ruling by the judge. "Jeez" and "This is ridiculous" were some of the things he said while the jury was still seated, all while rolling his eyes.
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At one point, Costello even said something should be stricken from the record. That was the last straw as Judge Juan Merchan told the jury to step out.
While being admonished Costello, according to Merchan, delivered a "side-eye." At that point, the judge demanded the courtroom be cleared.
MSNBC host and legal analyst Katie Phang said that the performance was likely part of a performance for "one."
"Although the dressing down of Costello took place outside of earshot of the jury, they witnessed firsthand Costello’s demeanor and petulance and heard firsthand his quips and remarks from the witness stand," she wrote on X. "Perhaps Costello just reinforced to the jury why Cohen didn’t want to keep Costello as his lawyer…Costello is pandering for an audience of one: Trump."
Host Nicolle Wallace called the encounter "theatrical" and "Trumpian." She asked the political and legal analysts on her show what impact it could have on the jury.
Former FBI general counsel Andrew Weissmann said that he's brought lawyers to testify before and that most are very cautious and "ethical."
"This is the antithesis of that," said Weissmann of Costello.
He noted that Costello and Cohen had an attorney/client privilege relationship, but ultimately, Cohen decided not to hire him.
"His behavior in the courtroom, let's just say, is not consonant with somebody who has obligations to that client or prospective client and isn't coming off as dispassionate," he assessed.
Donny Deutsch, a longtime friend of Cohen's, noted that it was just a week ago that people were fearful that the ex-Trump "fixer" was going to be "glib" while testifying. Instead, he spent 25 hours on the stand and nothing like that unfolded.
"This guy is on the stand for a half hour!" he said of Costello. "So, that tells you something. And, Andrew, obviously, you know this infinitely better than any of us. That has to play on a jury. When you see a judge behaving that way, it destroys the credibility of that witness. He might as well say, 'Don't believe this guy.'"
"Disrespecting a judge as a witness, not — it's just not a good thing. ... Right now is that's going to feed into the cross," said Weissmann.
New York Times reporter Susanne Craig noted that all of this comes after Cohen managed to keep his cool for four days.
Weissmann said it adds to Cohen's credibility.
"You put this together with Trump closing his eyes, and if I'm a juror, I kind of go, this side doesn't take it seriously," Deutsch said. "This side thinks they're above it. This side thinks they don't have to be here."
The political analyst confessed that he doesn't know juries, but he knows focus groups, and it doesn't bode well for the defendant.
See the update from the experts below or at the link here.
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