new york — Former President Trump’s hush money judge on Tuesday rejected a defense request for a mistrial over Stormy Daniels’ sordid testimony.
Judge Juan Marchan told Trump’s lawyers that he agreed their testimony was “too detailed.”
“Having said that, I don’t think we’ve reached the point where a miscarriage of justice is acceptable,” Machan continued.
Mr. Trump’s lawyers argued that Ms. Daniels, one of the prosecution’s most high-profile witnesses, changed her story and that the jury also heard inappropriate details about her alleged sexual encounters with Mr. Trump.
“The guardrails for this witness to answer the government’s questions have just been thrown aside,” said Todd Blanche, Trump’s lawyer.
Marchand refused to concede there was a miscarriage of justice, but agreed to give limited instructions regarding some of the porn actor’s previous testimony limiting how the jury could use it.
Daniels then returned to the stand and continued his in-person examination.
Trump’s lawyers said porn star Daniels, one of prosecutors’ most high-profile witnesses, changed her story and told the jury inappropriate details about her alleged sexual encounters with Trump. He claimed to have heard it.
Prosecutors will call Daniels to the stand early Tuesday after weeks of waiting for her testimony.
Daniels claims she had an affair with Trump in 2006, which Trump denies. Then, weeks before the 2016 election, Trump’s former fixer paid Daniels $130,000 to keep the story of the alleged affair a secret.
The payments are the basis of a district attorney’s lawsuit charging Trump with 34 counts of falsifying business records in connection with the deal. Mr. Trump has maintained his innocence.
Blanche requested a mistrial after the court resumed after the lunch break. Daniels took the stand in the morning and gave sordid details about the alleged sexual encounter.
Blanche said Daniels’ story has changed from a consensual affair to something more suspicious since 2016, and that some of the details the jury was allowed to hear, including that Daniels didn’t use a condom, The department suggested that it was inappropriate.
“How can you make them ring a bell?” Blanche asked the judge
Susan Hoffinger, a prosecutor with the Manhattan District Attorney’s Office, disputed Blanche’s accusations.
“In your motion, no guardrails were put in place for your reputation to testify,” she said, noting that Daniels’ story has been public for several years and that the defense has not relied on her testimony. He argued that we shouldn’t be surprised.
With the defense’s blessing, Hoffinger left the courtroom and advised Daniels to “stay focused on the questions,” the judge said.
Daniels’ testimony has resumed and is expected to continue until the court adjourns for the day. Trump’s lawyers have not yet questioned her.
Updated at 2:48 p.m.
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