How do you spell Trump Trial? C-H-AO-S.
First, the Trump defense team seemingly got former Trump lawyer and key accuser Michael Cohen in a “gotcha” moment with Cohen admitting he stole thousands of dollars from The Trump Organization. Many cable pundits and armchair pundits on Twitter proclaimed this was a body blow to the prosecution’s case.
But then, towards the end of the afternoon, the defense called Cohen’s former legal advisor Robert Costello to the stand. Costello’s attitude and comments sparked Judge Juan Merchan to admonish him and clear the courtroom. Pundits then said calling Costello was a big mistake. Reports later indicated Trumps lawyers didn’t want to call Costello at all, but Trump insisted he testify.
Between Trump’s daily press statements going in and out of the trial, often seemingly violating his gag order, and the parade of GOPers and supporters showing up to lend visual support and help Trump violate the gag order by saying what Trump is saying or wants them to say, the courthouse is the scene of….C-H-A-O-S.
Former President Trump’s hush money trial devolved into chaos as it barreled toward a close on Monday, with the judge clearing his courtroom after admonishing a witness for improper decorum.
Earlier, the dramatic day saw prosecutors rest their case after nearly scrambling to fly in a final witness. It concluded with Trump’s lawyers seeking a dismissal of the charges, which was left unresolved by the judge for now.
The drama came in the trial’s final moments, its closing now delayed further than expected this week. Testimony is set to conclude on Tuesday — without Trump expected to take the stand — and closing statements are now expected just after the Memorial Day holiday.
The most striking moment of the day came after the defense called to the stand Robert Costello, a former legal advisor to ex-Trump fixer Michael Cohen, prosecutors’ star witness who made the hush money payment at the center of the case.
The defense brought in Costello to rebut Cohen’s testimony about a pressure campaign to not flip when federal investigators closed in on him in 2018.
Tensions quickly boiled over after the witness made audible comments and visually reacted to objections, leading Judge Juan Merchan to abruptly clear the press from the courtroom to discuss “decorum,” the first such time during the trial when proceedings were still underway.
“When there is an eyewitness on the stand, if you don’t like a ruling, you don’t say ‘Geez,’” Merchan told Costello before removing the press.
“You don’t give me a side eye. You don’t roll your eyes. You understand that?” he later said.
Merchan then raised his voice before ordering the court to clear the room.
“Are you staring me down?” he asked Costello.
Reporters shouted questions as security began to clear the room, with some asking a media lawyer present to object. Officers ushered everyone out, saying that they would explain what happened outside. After a few minutes, reporters were allowed back in without reason.
Trump’s entourage of allies were allowed to stay in the courtroom.
This Washington Post reported the judge’s warning to Costello from a court transcript:
“I’m putting you on notice that your conduct is contemptuous,” Merchan told Costello, according to an early transcript of the proceedings released Monday evening. “If you try to stare me down one more time, I will remove you from the stand.” He warned Trump’s lawyers that if Costello continued to misbehave, all of Costello’s testimony would be struck from the court record.
“Can I say something, please?” Costello asked.
“No, no. This is not a conversation,” Merchan replied.
Earlier in the day the Trump defense had seemed to score a big hit on Cohen’s credibility. Did they?
For the second consecutive day in court, former president Donald Trump’s lawyers produced what they may have thought was a “gotcha” moment in Trump’s Manhattan trial because it undercut former Trump lawyer Michael Cohen’s credibility.
But the impact and circumstances surrounding the first moment — Cohen’s supposedly lying about an Oct. 24, 2016, phone call with Trump — remain murky.
And it’s not so clear that the second moment is any more of a gotcha. While Monday’s testimony might have dinged Cohen’s already tenuous credibility, it could also have cast a spotlight on a major hole in the defense’s case.
In that testimony under cross-examination on Monday, Cohen admitted that he “stole” tens of thousands of dollars from the Trump Organization.
To recap: Cohen testified that he paid a technical services company named Red Finch about $20,000 to rig online polls in Trump’s favor, after initially agreeing to pay it $50,000. (The poll-rigging arrangement was first reported by the Wall Street Journal in 2019.)
But Cohen testified that he sought to be and was reimbursed for the full $50,000 from the Trump Organization. He said he was ultimately paid $100,000 because of the practice of “grossing up” — reimbursing double the amount because the money is taxable income.
“You stole from the Trump Organization?” Trump attorney Todd Blanche asked.
“Yes,” Cohen said.
...Some Trump allies and pundits suggested that this, on top of questions about Cohen’s testimony about the October phone call, could significantly damage the prosecution’s case.
“This just got interesting: Michael Cohen is now admitting to stealing money from our company,” one of Trump’s sons, Eric, posted on X on Monday.
But it’s actually not the first time Cohen has copped to this. Prosecutors last week more gently dug into Cohen’s seeking and receiving more than he was due as reimbursement for the Red Finch payment.
The prosecution has rested its case. Next week closing arguments will begin and then jury is expected to start its deliberations. The verdict, one way or another, is expected to set off a new firestorm. If there’s a hung jury prosecutors can move to retry.
This is completely insane. No testimony occurred before the jury. Judges have sidebars that aren’t before the public ALL THE TIME. Dershowitz is truly an absolute disgrace https://t.co/YbK9i7BhyN
— Armando (@ArmandoNDK) May 21, 2024
Some on jury heard first exchange. Horrendous breach of protocol by Costello that they likely will hold against Trump. https://t.co/nYdnOYrx2j
— Harry Litman (@harrylitman) May 21, 2024
The gag order bars Trump from making public statements about witnesses in the case. Trump publicly mentions Michael Cohen here. https://t.co/YzGoXbQHrs
— MeidasTouch (@MeidasTouch) May 20, 2024
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. https://t.co/PNj0yAfaOa
— Kristy Greenberg (@KGreenberg_) May 20, 2024
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This is insane. Costello is an attorney. To disrespect a judge in this way is a complete and utter disgrace. https://t.co/NS91NHj3vE
— Kristy Greenberg (@KGreenberg_) May 20, 2024
Judge upholds objection to Costello answering a question
Costello exclaims, "Jesus"
Judge leans over: "I'm sorry?"
Jury gets it, some raise eyebrows, shake heads
— Norm Eisen (#TryingTrump out now!) (@NormEisen) May 20, 2024
Here is how Hannity is spinning today’s events with Costello pic.twitter.com/iAFw753bmK
— Acyn (@Acyn) May 21, 2024
The jury is now thoroughly disgusted by Trump's current behavior, not just 2016-17. His sleeping while they are working. His thug defense witness Costello. His declining to testify in his own defense. Guilty next week.
— Tom Joseph (@TomJChicago) May 20, 2024
“It was incredibly stupid… any concerns these jurors may have had about Michael Cohen's credibility got lost and overshadowed by just how unprofessional and uncivil Bob Costello was to the judge.”@KGreenberg_ on Trump's defense team putting Robert Costello on the stand. pic.twitter.com/Q25fUD2Aj3
— Inside with Jen Psaki (@InsideWithPsaki) May 21, 2024
Judge Merchan to Robert Costello before clearing the courtroom. "I'd like to discuss proper decorum in the courtroom…If you don't like my ruling, you don't give me side eye and you don't roll your eyes." Then in a raised voice, Merchan asks, "Are you staring me down right…
— Kaitlan Collins (@kaitlancollins) May 20, 2024
Reid: So the fact that Costello would conduct himself in a trial like this potentially jeopardize a case like this… it validates the concerns that have been expressed by members of Trump's defense team pic.twitter.com/GTBxEXMmY2
— Acyn (@Acyn) May 20, 2024
Stroke of genius calling Costello to the stand. ? https://t.co/gltxcN6ePQ
— Mueller, She Wrote (@MuellerSheWrote) May 21, 2024
Huge mistake for the defense to call Robert Costello to the stand. The jurors won’t be able to unsee what happened with the judge. Reportedly, the defense lawyers knew better, but gave in to their client’s wishes.
— Dave Aronberg (@aronberg) May 20, 2024
Costello just wrecked this case for Trump. As I predicted he would. I feel like while he was brought in to pick apart Cohen's credibility, his behavior ruined his own credibility and probably bolstered Cohen's. As I said, if they call Costello, they'd regret it.
— Mueller, She Wrote (@MuellerSheWrote) May 20, 2024
Wisenberg: Juries tend to really bond with the judge. And so for Costello to pick a fight with the judge… is not a good thing pic.twitter.com/eh3V5TDA2H
— Acyn (@Acyn) May 20, 2024
Haberman: Costello was stepping on himself. It wasn't just the objections. He at one point, the prosecutor was asking a question and he spat out ‘speak into the mic’ and the jurors, two of them looked at each other when he did that. pic.twitter.com/UROCWq4qtu
— Acyn (@Acyn) May 21, 2024
Joined @jaketapper to report out the craziest moment in the NY Trump trial so far that prompted judge to clear court. “This is unbelievable, and I know Bob Costello quite well. I’ve talked to him for about a decade, the fact that he would allow this to happen on the stand, it… pic.twitter.com/YlK89FdJIZ
— Paula Reid (@PaulaReidCNN) May 20, 2024
Yes, Costello is a thug, though we already knew that from the testimony. What we didn't know is how incredibly bush he is also. Don't believe I've ever seen a lawyer foolish enough to offer editorial comments in the form of sneers and stares to judicial rulings.
— Harry Litman (@harrylitman) May 21, 2024
The jury hates Costello. I don’t know why the defense called him. https://t.co/3xI1XjpvD8
— Andrew C Laufer, Esq (@lauferlaw) May 20, 2024
Completely agree. Costello is an unmitigated disaster. https://t.co/9vq8OqYSjr
— Armando (@ArmandoNDK) May 20, 2024
Costello joins the collection of screwballs & wackos Rudy called in various places in 2020-21 to try & prove voter fraud, as yet another person who performs well on right-wing networks, then when rules apply & they are subject to questions from serious people they crumble.
— Ron Filipkowski (@RonFilipkowski) May 20, 2024
“The truth is, these are not very bright guys, and things got out of hand.” https://t.co/r4GV53ix74
— George Conway (@gtconway3d) May 20, 2024
Graphic: Dreamstime
Joe Gandelman is a former fulltime journalist who freelanced in India, Spain, Bangladesh and Cypress writing for publications such as the Christian Science Monitor and Newsweek. He also did radio reports from Madrid for NPR’s All Things Considered. He has worked on two U.S. newspapers and quit the news biz in 1990 to go into entertainment. He also has written for The Week and several online publications, did a column for Cagle Cartoons Syndicate and has appeared on CNN.