One of the more notable moments from the final days of witness testimony in Donald Trump’s hush money trial was a heated interaction between the judge presiding over the case and a defense witness over proper courtroom behavior.
Robert Costello, a former federal prosecutor and longtime attorney with ties to Trump and Rudy Giuliani, testified on Monday and Tuesday.
Trump’s former fixer, Michael Cohen, previously testified that Costello offered to advise him as he was being investigated by federal agents in 2018 after the $130,000 hush money payment to adult film star Stormy Daniels became public.
Cohen claimed Costello was part of a pressure campaign to ensure he did not incriminate Trump while he was being investigated by the government. He also said that Costello offered to serve as “back channel” communication to Trump.
Trump’s defense attorneys aimed to use Costello’s testimony to diminish the credibility of Cohen’s claims, while prosecutors attempted to pin down weak points in his statements.
When Costello first took the stand on Monday, his testimony was paused by Judge Juan Merchan, who reprimanded Costello for his conduct.
Only moments into his testimony, Costello was reportedly rolling his eyes, sighing heavily, and making snide remarks to objections made in the courtroom, which Merchan found distracting and rude. After dismissing the jury, he took Costello to task.
“So, when there is a witness on the stand, if you don’t like my ruling, you don’t say ‘Jeez,’ OK? And then you don’t say ‘Strike it’ because I’m the only one that can strike testimony in the courtroom. Do you understand that?” Merchan asked, according to a Washington Post transcript.
“I understand,” Costello answered.
“And then, if you don’t like my ruling, you don’t give me side eye, and you don’t roll your eyes. Do you understand that?” Merchan questioned.
“I understand that. I understand what you’re saying,” Costello responded.
As Merchan ordered the jury to return to the courtroom, Costello fixed his gaze on the judge for a long moment without wavering. The expression provoked Merchan to clear the courtroom entirely to chastise Costello further.
“Are you staring me down right now?” the judge asked, according to the court transcript. “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. I will strike his entire testimony. Do you understand me?”
“Can I say something, please?” Costello asked Merchan.
“No. No, this is not a conversation,” Merchan answered.
Afterward, all journalists, jurors, and members of the public were allowed back into the courtroom.
The defense rested their case on Tuesday without putting Trump on the stand to testify. Merchan has said that closing arguments will take place on May 28, and jury deliberations will also begin next week.
Trump has pleaded not guilty to the 34 counts he faces in this case. He’s accused of falsifying business records to reimburse Cohen in 2017 for the hush money payment he made to Daniels.
In the weeks leading up to the 2016 presidential election, Trump allegedly paid Daniels for her silence about their affair. Cohen’s testimony plays a central role in the case as he alleged that Trump knew about the payment and was involved in the scheme to pay her.
Costello, who has represented Giuliani in multiple legal battles, sued Giuliani for $1.36 million in unpaid legal fees. Giuliani’s current financial straits led him to declare bankruptcy this year. The former New York mayor also owes former poll workers Ruby Freeman and Shaye Moss a $146 million defamation payment after alleging they committed voter fraud in Georgia during the 2020 presidential election.
