So yeah, MAGA lawyer Robert Costello’s testimony for fat former President Trump’s defense went badly Monday as not only was his credibility destroyed in minutes of cross-examination, Judge Juan Merchan got so pissed he threw everyone out of the courtroom – not just the jury – to rip Costello a new asshole while he was still sitting on the stand taking direct examination from Trump’s defense team. What follows is the heretofore unseen transcript of the closed-door exchange. Merchan had already ordered the jury out of the room to lay into Costello at this point of the afternoon:
Merchan: “Okay. So when there is a witness on the stand, if you don’t like my ruling, you don’t say ‘Jeeze,” okay. 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?”
Costello: “I understand.”
Merchan: “Okay. 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? Do you understand that?”
Costello: “I understand that. I understand what you’re saying.”
Merchan: “Okay. Thank you. Let’s get the jury back.”
Merchan: “Are you staring me down right now?”
Costello: “No. I’m just wondering how…”
Merchan: “Clear the courtroom, please. Clear the courtroom.”
Costello: “Do you want me to answer your question?”
Court Sergeant: “Sir, please.”
Court Officer: “Step outside, please. Step out and step to the side, please.”
(The courtroom is cleared of people in the audience by the court officers at this time.)
Merchan: “All right. Let the record reflect that it’s now five after four. Let the record also reflect that the court officers had great difficulty clearing the courtroom, because the courtroom is made up primarily of the press. And I can appreciate that the press wants to be present for every part of these proceedings, therefore, this record is not sealed. The press will have access to this record. The fact that I had to clear the courtroom and that the court officers, including the Captain, had great difficulty clearing the courtroom, and that there was argument back and forth between the press and including counsel for the press, goes to why I had to clear the courtroom in the first place. And that is, sir, your conduct is contemptuous right now. 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?”
Trump lawyer Emil Bove: “Yes, Judge. I understand.”
Merchan: “Listen to the question and answer the question.”
Costello: “Can I say something, please?”
Merchan: “No. No. This is not a conversation.”
Costello: “Okay.”
Merchan: “All right. Let’s we can bring the press back in, please.”
Court Officer: “Ready, your Honor?”
Merchan: “Yes, please.”
Court Officer: “Okay. The press is entering the courtroom.”
(The people in the audience return to the courtroom.)
Court Officer: “Same seats. Same seats, folks. Same seats…”
Merchan: “Let’s get the jury, please.”
Court Officer: “Jury entering.”
Upon returning to his seat, the Daily Beast’s Jose Pagliery tweeted “When I came back into the courtroom, Costello’s pale face was now beet red. He’d clearly been reprimanded behind closed doors.” Things only got worse on cross-exam as prosecutor Susan Hoffinger just completely obliterated Costello’s credibility on the claim that he had no interest in representing Michael Cohen by showing the jury an email exchange in which Costello beamed to his son that he was going to join the Trump team by proxy by repping Cohen in the 2018 federal criminal case.