After Judge Reprimands Witness Robert Costello, Defense Rests Without Trump Taking The Stand As He Had Promised To At His Hush-Money Trial

Judge Juan Merchan scolded lawyer Robert Costello for his behavior during former President Donald Trump’s New York hush money trial.

On Monday afternoon, Merchan cleared out his Manhattan courtroom of jurors, spectators and the press so that he could dress down at Costello, who was there as a key defense witness for Trump, after he made a frustrated comment about the judge’s rulings, according to a court transcript.

The transcript also mentioned that the lawyer commented under his breath and rolled his eyes.

The judge told Costello that his behavior during testimony was “contemptuous.” Costello frequently angered the judge, in part by speaking after objections were sustained. 

“Geez,” the lawyer muttered after Merchan sustained several prosecution objections to his testimony. 

He also called the whole exercise “ridiculous.”

When the judge had addressed Costello for not adhering to basic courtroom decorum, the witness told the court stenographer to “strike it” from the record − a request only the judge can give.

“I’m sorry,” Merchan replied in a frustrated tone. He excused the jurors and started chastising Costello.

“You don’t say ‘jeez,'” the judge stated. “And then, if you don’t like my ruling, you don’t give me a side eye, and you don’t roll your eyes. I’m putting you on notice that your conduct is contemptuous. If you try to stare me down one more time, I will remove you from the stand.”

“Are you staring me down right now?” he asked the defense witness as he was about to let the jury back in.

The judge ordered the entire courtroom to clear out for a short period of time. Some journalists had objected to being told to leave the public proceedings but eventually complied as officers shooed people from the courtroom.

Reporters stood shocked in the hallway for several minutes before officers let everybody back into the room.

Trump condemned Merchan’s treatment of Costello but could not describe his criticism because of a gag order that prevents him from commenting on witnesses.

“You saw,” Trump stated. “I’ve never seen anything like it in my life—a tyrant. You saw what just took place in that courtroom. Hopefully, the motion to dismiss this trial will go through because this trial will be a disaster for our country.”

“You saw what happened to a highly respected lawyer, Bob Costello,” the former president said. “I’ve never seen anything like that. Highly respected. The press is not happy, I don’t imagine. They just got thrown out of a courthouse.”

The argument came shortly after the prosecution had rested its case in the former president’s trial.

After Costello finished his testimony, the defense rested its case without Trump taking the stand as he had promised to do multiple times. 

Former Trump lawyer Michael Cohen has testified that Costello attempted to serve as an intermediary between himself and the former president after the FBI raided Cohen’s office back in 2018.

After the jurors left for the day, defense attorney Todd Blanche told the judge that prosecutors did not prove their case and should be thrown out immediately. 

Blanche implored Merchan, the judge, to “not let this case go to the jury relying on Mr. Cohen’s testimony.”

Merchan did not seem affected by this claim, asking the defense lawyer if he believed that “as a matter of law, this person’s so not worthy of belief that the jury shouldn’t even consider it?”

“You said his lies are irrefutable,” the judge responded. “But you think he’s going to fool 12 New Yorkers into believing this lie?”

On the night of September 18, 2023, Costello sued his former client, former New York City Mayor Rudy Giuliani, in Manhattan state court for an estimated $1.36 million as part of a bill for legal services that Giuliani supposedly neglected to pay.

The filing stated that Costello and his law firm represented the former New York City mayor. At the same time, he had been investigated by the U.S. Attorney for the Southern District of New York, the Fulton County District Attorney’s Office, Special Counsel Jack Smith and during the federal investigation into the January 6 Capitol Attack.

The lawyer claimed that the services he gave Giuliani totaled $1,574,196.10, but the former mayor has only paid $214,000.

The law firm, Davidoff Hutcher, Cintron LLP, and Costello are asking Giuliani to pay outstanding fees and any interest that has built up.

On September 26, 2023, Hunter Biden filed a lawsuit against Giuliani and Costello for computer fraud violations and data access to a laptop that President Joe Biden’s son left at a Delaware repair shop.