Judge denies Trump’s mistrial motion for a second time

Judge Juan Merchan denied former President Donald Trump‘s second motion for a mistrial in his New York criminal hush money case over porn star Stormy Daniels‘s graphic and salacious testimony this week.

“I disagree with your narrative that there’s any new account,” Merchan told the defense shortly before the court adjourned for the day. Defense attorneys had argued that Daniels told a different story on the witness stand than she in 2016.

Merchan also repeated what he has maintained since his first mistrial denial on Tuesday: that defense attorneys could have objected to the questions prosecutors asked Daniels.

Judge Juan M. Merchan poses in his chambers in New York on March 14, 2024. (AP Photo/Seth Wenig)

“For the life of me, I don’t know why Ms. Necheles didn’t object,” the judge said.

Merchan cited specific problems with the defense’s arguments, saying that instead of denying the falsification of business records, they denied the sexual encounter with Daniels.

“That, in my mind, allows the people to do what they can to rehabilitate her and to corroborate her story,” Merchan said. “That pits your client’s words against Ms. Daniels’s word.”

“Your motion for a mistrial is denied,” Merchan concluded.

Before ruling on the mistrial request, Merchan rejected Trump’s effort to narrow his gag order so he can speak publicly about Daniels now that she has finished her testimony in the trial.

The gag order on Trump limits any comments on witnesses and family members of prosecutors and the judge, forcing Trump to stop railing against some of his frequent targets online or face potential jail time. It doesn’t bar him from attacking the judge or Manhattan District Attorney Alvin Bragg, an elected Democrat.

“He needs an opportunity to respond to the American people,” Blanche said. “She is no longer a witness.”

Merchan denied the motion to alter the gag order, saying, “The reason why the gag order is in place to begin with is precisely because of the nature of these attacks — the vitriol.”

On his way out of the courtroom, Trump told reporters, “We are so innocent.”

“Everybody saw what happened today. I don’t think we have to do any expert explaining,” Trump said. “I’m not allowed to anyway because this judge is corrupt.”

Trump, who has been forced to appear for the trial for nearly four weeks so far, said he is missing valuable campaign time.

“I got to get back on the campaign trail. I’m not supposed to be here. We are so innocent,” Trump added.

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The mistrial request and the gag order modification effort were part of three separate requests Trump attorneys said needed to be addressed before the end of the day.

Defense attorneys also sought to limit the testimony of Playboy model Karen McDougal, though prosecutors voluntarily decided they would not call her to the stand for this trial.

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