Before the reprimand, CNN’s Kaitlan Collins reported: “Twice now the judge has sustained an objection and Costello answered regardless. Judge Merchan addresses him directly to not answer if he’s sustained the objection. ‘Jesus,’ Costello mutters after it happens again. ‘I’m sorry,’ the judge, visibly annoyed, says to him. ‘I’m sorry?'”
And then, the admonition.
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“I’d like to discuss proper decorum in the courtroom,” Judge Merchan said, according to Collins. “If you don’t like my ruling, you don’t give me side eye and you don’t roll your eyes.”
Collins added: “Then in a raised voice, Merchan asks, ‘Are you staring me down right now?!'”
“The jury was NOT in the room for this,” Collins added. “Merchan sent them out, then admonished Costello, then when he was staring him down, Merchan became furious and cleared the courtroom. So the jury witnesses none of this. (And the press missed whatever was said in the interim.)”
Here’s how it went down, according to MSNBC host and legal contributor Katie Phang.
“Judge Merchan is ANGRY,” she observed, before reporting the dialogue:
“MERCHAN: ‘I’d like to discuss proper decorum in my courtroom’
MERCHAN: ‘If you don’t like my ruling, you don’t say ‘Jeez’ ‘
MERCHAN: You don’t say ‘strike it’ because I’m the only one who can strike it.
MERCHAN: ‘You don’t give me side eye and you don’t roll your eyes’
COSTELLO: I understand.”
Phang added, “When the media were allowed back in, Costello is seated at the witness stand looking decidedly chastened. Merchan looks calm.”
The Guardian’s Hugo Lowell reports the judge didn’t calmly just clear the courtroom:
MSNBC legal contributor Lisa Rubin called it, “one of the wildest things I’ve ever seen in court.”
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And while CNN’s Collins noted the jury was not in the courtroom for exchange, Phang reports: “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. 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.”
MSNBC legal analyst Kristy Greenberg noted, “Michael Cohen was respectful. Bob Costello is acting like a clown. Jurors will notice and this will hurt Trump. Any concerns that jurors may have had about Cohen have now been overshadowed by Costello’s disrespect to the judge right in front of their faces.”
Lowell also reported that after the reprimand, “Costello is so red in the face he resembles a strawberry.”
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