NY v Trump: Judge denies motion for mistrial amid Stormy Daniels testimony

Former President Trump’s defense attorneys are moving for a mistrial amid the testimony of pornographic actress Stormy Daniels. 

Defense attorney Todd Blanche, after court’s lunch break, told Judge Juan Merchan that Daniels’ testimony Tuesday morning was prejudicial. 

Merchan said a mistrial was not warranted, and stated that he was doing everything he could to control the witness — including once objecting to Daniel’s testimony himself.

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“I agree that it would have been better if some of these things had been left unsaid,” Merchan said.

Blanche said the prosecution is trying to inflame the jury with Daniels’ testimony, including with evidence that he says does not matter. Blanche said it is prejudicial testimony and evidence, saying Daniels has been trying to sell her story about an alleged consensual sexual encounter since 2016. 

Stormy Daniels is questioned by prosecutor Susan Hoffinger during former U.S. President Donald Trump’s criminal trial on charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York City, U.S. May 7, 2024 in this courtroom sketch.  (REUTERS/Jane Rosenberg)

Blanche said Daniels’ testimony on Tuesday was about “consent and danger” and said that was “not the story that she was selling in 2016.” Blanche also said that Daniels is testifying about consent, and said that kind of testimony “makes it impossible to come back from.”Blanche said the defense “objected as best we could but she was able to say what she said.” 

Blanche questioned how the defense could “come back from this” in a way that could be “fair” to former President Trump.”We believe there should be a mistrial,” Blanche said. “Or that this witness’ testimony is excluded and extremely limited.”

Blanche said Daniels’ lurid and explosive testimony “has nothing to do with this case” and is “totally irrelevant.” 

Blanche said what Daniels said was “extraordinarily prejudicial testimony” and argued that there is a “high risk of the jury not being able to focus on the charged conduct.” 

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But prosecutor Susan Hoffinger says the defense was fully briefed on Stormy’s testimony in the motions prior to trial, and argued that Daniels’ testimony was probative to Trump’s intent. Hoffinger said the defense is attacking Daniels’ credibility, and argued there is “no basis for this.”

During the break, the former president and 2024 Republican presumptive presidential nominee, posted to his Truth Social account, without naming Daniels. 

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“THE PROSECUTION, WHICH HAS NO CASE, HAS GONE TOO FAR,” Trump posted. “MISTRIAL!” 

Before lunch, Merchan said the “the degree of detail we’re going into is unnecessary,” pointing to Daniel’s testimony, asking prosecutor Susan Hoffinger to move things along. 

This is a developing story. Please check back for updates.