Judge calls defense attorney's comment on sending Trump to prison "outrageous" (2024)

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1:31 p.m. ET, May 28, 2024

Judge calls defense attorney's comment on sending Trump to prison "outrageous"

Judge Juan Merchan said he'd give a curative instruction as to defense attorney Todd Blanche's remarks about sending Trump to prison.

During his closing arguments, Blanche talked about Cohen's credibility and told the jury: "Then he came in here, he raised his right hand and he lied to each of you repeatedly. You cannot send someone to prison you cannot convict somebody based upon the words of Michael Cohen."

Merchan said Blanche's comment was "outrageous."

"You know that making a comment like that is highly inappropriate. It is simply not allowed. Period. It’s hard for me to imagine that was accidental in any way," the judge said, referencing Blanche's experienced career as a prosecutor and a defense attorney.

Prosecutor Joshua Steinglass had raised the issue and asked for curative instruction for the "ridiculous comment."

"That was a blatant and wholly inappropriate" effort to get sympathy for Trump, Steinglass told Merchan.

Steinglass also said Merchan should reconsider a curative instruction about retainer agreements because he said Blanche "doubled down that it's perfectly plausible to have no retainer agreement when that is not the law in New York state." This was debated at the charge conference last week and Merchan said he'd look into the law.

Merchan did not make any comments about a potential curativeinstruction on the retainer issue.

1:00 p.m. ET, May 28, 2024

Analysis: Defense needs to plant a seed of doubt about Cohen's version of events, CNN legal expert says

From CNN's Maureen Chowdhury

Donald Trump's attorney Todd Blanche reached the key point of planting a seed of doubt about Michael Cohen's version of events, CNN chief legal correspondent Paula Reid said.

“It’s their key point. This is the most thing they need to get across to jurors to doubt the version of events that Michael Cohen conveyed on the stand," Reid said.

She noted that, in hindsight, the defense might have realized a mistake of taking too long to get to this key point, but it's something the Trump team has said throughout the trial.

"It is supported by a mountain of evidence that Michael Cohen is liar" and he continued that pattern of lying even during the course of this trial, Reid added.

Ultimately, all the defense needs is to get at least one juror to doubt Cohen’s account, that’s really all they need here, she said.

1:29 p.m. ET, May 28, 2024

Defense completes closing argument and court is taking a lunch break

The court is taking a lunch break until 2 p.m. ET.

Attorney Todd Blanche has finished his closing arguments for the defense.He addressed the jury for just under three hours, pressing Donald Trump’s innocence.

Joshua Steinglass is expected to deliver the prosecution's closing argument when the court returns. He said he expects to address the jury for about four to four and a half hours.

12:51 p.m. ET, May 28, 2024

Blanche tells jury this isn't a referendum "on your views on President Trump"

As he wrapped up his closing argument, Trump attorney Todd Blanche told the jury this isn't a referendum on Donald Trump.

"This isn't a referendum on your views on President Trump. This is not a referendum on the ballot box," Blanche says.

12:52 p.m. ET, May 28, 2024

"You cannot convict somebody based upon the words of Michael Cohen," Blanche tells jury

Trump attorney Todd Blanche began to wrap his closing by zeroing in on the defense's argument that the jury cannot believe Michael Cohen's testimony.

"His words cannot be trusted and I’m going to end this summation the same way I told you a few minutes ago that you know you cannot rely on him," Blanche says.

"Cohen lies to family, when it matters, when it doesn't," Blanche added. "Then he came in here he raised his right hand and he lied to each of you repeatedly. You cannot send someone to prison you cannot convict somebody based upon the words of Michael Cohen."

Prosecutor Joshua Steinglass objected to Blanche's prison remark, which was sustained by Judge Juan Merchan.

12:48 p.m. ET, May 28, 2024

Defense attorney lists off times Cohen lied, calling him "the greatest liar of all time"

Trump attorney Todd Blanche is now ticking through the times Micheal Cohen lied to Congress, to the Justice Department, to judges and to his family.

"He lied to you repeatedly. He lied many, many times before you even met him," Blanche says. "He is biased and motivated to tell you a story that is not true."

"He's literally the greatest liar of all time," Blanche adds, calling Cohen "the GLOAT."

12:44 p.m. ET, May 28, 2024

Here are the 10 reasons the defense says the jury should have reasonable doubt

Trump attorney Todd Blanche is presenting the jury with 10 reasons they should have reasonable doubt.

Here's the full list, according to Blanche:

  1. Michael Cohen created the invoices.
  2. There's no evidence Trump knew the invoices were sent.
  3. There was "absolutely" no evidence of any intent to defraud.
  4. There was no attempt to commit or conceal another crime.
  5. There was "absolutely" no agreement to influence the 2016 election.
  6. AMI would have run the doorman's story no matter what if it was true.
  7. Karen McDougal did not want her story published.
  8. Stormy Daniels' story was already public in 2011.
  9. There was manipulation of evidence.
  10. Michael Cohen. "He's the human embodiment of reasonable doubt."
12:34 p.m. ET, May 28, 2024

Trump attorney begins laying out 10 reasons jury should have reasonable doubt

Trump attorney Todd Blanche is now giving 10 reasons why the jury should have reasonable doubt.

"Each one of these reasons makes a not guilty verdict a very easy path and a very quick path," Blanche says.

The first reason he lists is that Cohen created the invoices.

12:43 p.m. ET, May 28, 2024

Meanwhile, federal judge rejects request for gag order against Trump in separate classified docs case

From CNN’s Hannah Rabinowitz and Holmes Lybrand

In other Trump court news on Tuesday, federal Judge Aileen Cannon rejected special counsel Jack Smith’s request for a gag order against Donald Trump in the classified documents case, saying prosecutors’ efforts to work with defense lawyers was “wholly lacking in substance and professional courtesy.”

In a brief order, Cannon slammed prosecutors for not following the court’s rules by failing to confer with Trump’s defense lawyers in a meaningful way about a potential gag order.

“Because the filing of the Special Counsel’s Motion did not adhere to these basic requirements, it is due to be denied without prejudice,” Cannon wrote, adding that “it should go without saying that meaningful conferral is not a perfunctory exercise.”

Prosecutors can ask for a gag order again, Cannon said, once they give “sufficient time” to Trump’s defense team to read the motion and discuss it with prosecutors.

“Failure to comply with these requirements may result in sanctions,” Cannon wrote.

While Cannon quickly ruled on this matter, she has yet to rule on nearly a dozen fully briefed motions in this case. The judge’s decision on the gag order also highlights how the cumbersome filing process in her court has repeatedly plagued the case as it slowly inches towards trial.

Click here for more on the ruling.

Judge calls defense attorney's comment on sending Trump to prison "outrageous" (2024)

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