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Former President Trump’s defense attorneys are moving for a mistrial amid the testimony of pornographic actress Stormy Daniels.
Defense attorney Todd Blanche, after the 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.
This courtroom sketch shows Stormy Daniels as she is questioned by prosecutor Susan Hoffinger during former President Trump’s criminal trial in New York City on May 7, 2024. (Reuters/Jane Rosenberg)
The defense attorney said Daniels’ testimony on Tuesday was about “consent and danger” and that was “not the story that she was selling in 2016.” He also said Daniels was testifying about consent, and 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.”
He also questioned how the defense could “come back from this” in a way that could be “fair” to Trump.
“We believe there should be a mistrial,” he 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.”
He also noted that what Daniels said was “extraordinarily prejudicial testimony” and that there is a “high risk of the jury not being able to focus on the charged conduct.”
Former President Trump is shown in a New York City courtroom as his criminal trial continues on May 7, 2024. (Reuters/David Delgado/Pool)
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But prosecutor Susan Hoffinger said 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.
This courtroom sketch shows former President Trump watching as witness Stormy Daniels is questioned by prosecutor Susan Hoffinger during his criminal trial in New York City on May 7, 2024. (Reuters/Jane Rosenberg)
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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.
Brooke Singman is a political correspondent and reporter for Fox News Digital, Fox News Channel and FOX Business.
