When the defense asks for a mistrial

[Mr.WeRP]

And the judge denies on many points but one of them is that the defense didn’t object to statements, you know the defendant is fucked.

From CNN:

Judge Juan Merchan also says he was surprised there weren't more objections from Trump's team during Stormy Daniels' testimony.

"The defense has to take some responsibility for that," he says.

"When you say 'the bell has been rung,' the defense has to take some responsibility for that," Merchan adds, referring to Trump attorney Todd Blanche's argument for a mistrial in which he asked "how do you unring a bell?"

To add: the judge interjected and corrected witness during Daniels testimony when defense should have.

[Beetwasher.]

1. LOL Yup, basically saying "You Guys Suck at This"

[RockRaven]

2. If TFG understands what the judge said, he's gonna lose his shit on Blanche

the next time they're behind closed doors.

[Happy Hoosier]

12. Unless...

Their plan was NOT to object and then move for a mistrial.

[birdographer]

3. Defense is still yammering on

about how this testimony prejudices the jury against trump, makes a fair trial impossible, blahblahblah.

Y'know, this is the kind of thing that happens when you piss off the judge repeatedly, when your client disregards the gag order, when you "lose all credibility" with your incompetence. While the judge will remain fair, of course, I suspect that he will lean in one direction... "Don't piss off the judge" should be better known...

[rsdsharp]

6. All testimony is prejudicial. Otherwise there's no point in offering it.

The standard is not prejudice, but undue prejudice. This is a case about falsifying business records to hide a payoff to hush up the fact that he had sex with a porn star. You gotta have testimony that the sex actually happened, and the circumstances that led to it.

[Raven123]

9. Ok, but is this level of detail necessary?

Still trying to figure that out.

[rsdsharp]

11. Apparently Judge Merchan doesn't think so, because he's granted some motions to strike parts of her testimony.

However, he also pointed out that the defense wasn’t objecting as the testimony came in.

[Raven123]

15. Sure is a head scratcher

[Teenage Dirtbag]

19. My fear is what happened with Weinstein will happen here.

The good news is that something like that will be down the road and after the election, so if it's overturned on appeal, hopefully he's lost by that point.

[Raven123]

20. I have the same concern.

I almost see parallel narratives here. On one hand some have said Daniels testimony should have been simply to verify she sex with TFG. He would have been able to testify to the contrary. Would he actually take the stand after the details she provided? Disincentivizing him seems like a poor motive for her to testify as she did - to me anyway.

However, he is not on trial for assault, as was Weinstein, but for illegally paying her for silence before the election. Wasn't Weistein’s previous behavior the reason for the overturn. TFG’s relationship with Daniels is at issue. The argument may be that as uncomfortable as those details may have been to hear now, just think of how motivated TFG would have been to buy her silence.

So would the details prejudice the jury? Maybe, but it is one more bit of evidence that whatever TFG paid Cohen, it wasn’t a retainer. At least I hope that’s why yesterday’s testimony happened as it did.

[onenote]

17. Law School 101: testimony can be relevant yet excluded as being prejudicial

[ProudMNDemocrat]

18. The Judge is the LAW when in the Courtroom. His word is final.

But then, I am no Lawyer. I do have some understanding on trials work and the role of the Judge.

TSF is fucked if his Lawyers are BAD at their jobs.

[Freethinker65]

4. Excellent point.

Trump's attorneys allowed the testimony without objection to try to have a case for potential mistrial?

[Traurigkeit]

10. The appellate court judges are probably laughing.

They can't wait

[Johnny2X2X]

5. Exactly

The judge had to object for them. It's their freaking job to make sure the testimony doesn't stray on this.

[Raven123]

7. Won't TFG plead inadequate defense?

[SoFlaBro]

8. He'll do that goddamn shit from a jail cell as he waits for transport to fucking prison.

[Mr.WeRP]

13. Proving that is incredibly difficult

The convicted defendant would need to appeal on those grounds and need evidence to the effect that the attorneys were intoxicated, absent or sleeping during the trial or similar and the burden of proof would be on the defendant. His current attorneys would not be able to appeal for him on these grounds and the new attorneys would need some strong evidence to go after his current attorneys. That isn’t going to happen.

[Raven123]

14. Thank you

IANAL. When I read that the judge commented on the defense failure to object, I thought it might plant the seed for an incompetent defense issue.

[Comfortably_Numb]

16. Anybody else want to throw the remote through the tv when that trump-humping impeachment hack Robert Ray is word

vomiting his pablum? He repulses me with his smug assholiness….