Judge to consider tossing Trump's New York criminal charges



New York Judge Juan Merchan has once again decided to postpone sentencing in President-elect Donald Trump's Manhattan criminal case, in which he was found guilty on all 34 felony counts of falsifying business records.

On Friday, Merchan granted a request from Trump's attorney to file a motion to dismiss the case, further pushing back the potential sentencing date, originally slated for July.

Merchan will 'seriously entertain throwing the whole case out.'

Trump's lawyer, Todd Blanche, sent a letter to Merchan on Wednesday requesting to file a motion to dismiss the case.

Blanche called Trump's election win "a mandate that supersedes the political motivations of DANY's 'People,'" referring to Manhattan District Attorney Alvin Bragg.

"This case must be immediately dismissed," he demanded.

Blanche argued that the potential continuation of the case would be "uniquely destabilizing" for the country.

Earlier this week, Bragg agreed with the defense's request to stay the case but noted that he would oppose a motion to dismiss.

Merchan declared that the motion for dismissal and the prosecution's response are due in early December.

Steven Cheung, a spokesperson for Trump and the incoming White House communication director, told Fox News Digital that the judge's latest announcement marked a "decisive win" for the president-elect.

"In a decisive win for President Trump, the hoax Manhattan case is now fully stayed and sentencing is adjourned," Cheung told the news outlet. "President Trump won a landslide victory, as the American people have issued a mandate to return him to office and dispose of all remnants of the Witch Hunt cases."

"All of the sham lawfare attacks against President Trump are now destroyed, and we are focused on Making America Great Again," he declared.

In response to Merchan's agreement to consider Blanche's request for dismissal, Turning Point USA founder Charlie Kirk wrote on X, "The legal assault against President Trump is dying a slow, painful, and embarrassing death."

Senior judicial analyst Judge Andrew Napolitano told Newsmax that Merchan's move indicated that he will "seriously entertain throwing the whole case out."

Napolitano explained that Merchan may toss the convictions based on two potential reasons: "Either because some of the evidence that he permitted the jury to hear was immunized by the [United States] Supreme Court after the case came down … or because Donald Trump is about to become president of the United States and he shouldn't have this interfering with his administration of the executive branch of the federal government."

He predicted that the courtroom "will be absolutely packed" when Merchan holds the oral argument for dismissal.

Napolitano noted that under New York State law, Trump is not convicted unless the sentencing is completed.

The other three criminal cases against Trump are also falling apart. Special counsel Jack Smith, who has led the two federal indictments against the president-elect, has requested the cancellation of related deadlines and is reportedly planning to wrap up his involvement and step down ahead of Inauguration Day. The Georgia case, a state-level indictment, remains on hold and likely far away from a trial date.

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MSNBC Legal Correspondent Says Trump Appointing Defense Lawyers To DOJ Is ‘Reward’ For Their ‘Success’

'Overall, they’ve been a stunning success'

Trump Appoints His Defense Attorneys To Key DOJ Positions

Blanche will oversee the department’s daily operations

How the left seeks to ruin Trump’s lawyers, Sixth Amendment be damned



The Sixth Amendment to the U.S. Constitution clearly outlines the rights of those accused of crimes, including the right to legal counsel. Traditionally, this right has enjoyed universal support across the political spectrum. However, the landscape changed dramatically after the election of President Donald Trump and the left losing its collective mind.

A “legal watchdog group” now discourages lawyers from representing Trump, threatening retribution against those who choose to defend him. This is gangster government stuff.

Efforts to deny legal counsel to those out of favor with those in power set a dangerous precedent. Criminalizing those who provide that counsel is even worse.

To clarify, the warning specifically targets lawyers representing Trump in election fraud challenges. However, the history of attacks on Trump’s attorneys suggests it also serves as a warning to any lawyer who might represent him in future criminal defense cases.

According to the New York Times:

After the 2020 election, legal watchdogs, outraged at some of their colleagues, filed scores of ethics complaints against lawyers who used their skills in questionable ways to help former President Donald J. Trump stay in power.And in the past few years, the groups have had some notable successes, securing judgments that have led to pro-Trump lawyers like John Eastman and Rudolph W. Giuliani having their law licenses deactivated.

Eastman and Giuliani lost their law licenses for a very simple reason: They represented Trump. Their disbarment was a warning to any other lawyer who would represent Trump in the future.

The Times story highlights a group called the 65 Project as one taking “a more proactive approach” against any lawyers who would dare help Trump ensure that the presidential election is above board. The group last month began running ads in “legal journals published in swing states, reminding lawyers that they are ethically barred from bringing false claims on behalf of any client.”

“Don’t risk your law license by joining an effort to subvert democracy,” one ad reads. “We — and the public — are watching.”

The 65 Project has issued a specific warning: Any lawyer who counsels Trump in challenging election results will face personal repercussions that could threaten his or her professional livelihood.

But think back to the 2000 “hanging chad” election. Both George W. Bush and Al Gore had legal teams acting on their behalf as Gore attempted to overturn Bush’s Florida victory, which ultimately decided the presidential election. By the logic of the 65 Project, all lawyers who represented Gore could have faced disbarment for attempting to deny Bush his lawful election win.

Notably, while Gore and his team of “election-denying” attorneys sought to “subvert democracy” after the 2000 election, no one on the right argued that Gore’s lawyers should be disbarred for representing him. Today, however, Democrats and the left seek to professionally and financially ruin any lawyer who accepts employment with Donald Trump.

And the threat isn’t limited to lawyers who would represent Trump in election fraud cases. The left also wants to punish those willing to defend Trump against criminal charges.

Attorney Todd Blanche had the audacity to provide defense counsel for Donald Trump in one of the criminal cases Trump is facing. This is clear Sixth Amendment territory — the accused has the right to counsel.

But Democrats and the media have attempted to destroy Blanche for daring to represent Trump, accusing him of “ethical violations” and calling for punishment. And what was Blanche’s offense? He nodded his head in court.

Seriously.

“Todd Blanche nodding his head to Trump’s statement that he can’t testify because of the gag order is a very serious ethical violation in the middle of a criminal trial,” attorney Ron Filipkowski, who edits the left-wing MeidasTouch blog, wrote on X. Judge Juan Merchan “must absolutely grill Blanche and get to the bottom of why he lied to his client about his rights.”

Efforts to deny legal counsel to those out of favor with those in power set a dangerous precedent. Criminalizing those who provide that counsel is even worse. The left should consider the consequences of this precedent carefully, as a two-tier justice system where only one side is entitled to legal counsel cannot exist in this country.

Blaze News original: Trump's paths for appealing New York conviction amid Democrats' 'republic-ending lawfare'



Last month, a Manhattan jury found former President Donald Trump guilty on all 34 counts of falsifying business records. But Trump's attorneys have "several paths for appeal," legal experts told Blaze News.

Following the guilty verdict in late May, Trump's legal team immediately announced its plan to challenge the ruling and expressed confidence that it would be successfully overturned.

"This was a verdict that we were expecting. We're going to appeal, and we're going to win on appeal," Todd Blanche, Trump's attorney, told the "Today" show after the jury's verdict was revealed. "The goal is to appeal quickly and hopefully be vindicated quickly."

Blanche noted that they did not anticipate that Trump would "get a fair shake in Manhattan."

"Every single person on the jury knew Donald Trump as president, as candidate, from 'The Apprentice,' so I don't accept that this was a fair place to try President Trump," he said in an interview with CNN. "The law doesn't say, 'But if you can't avoid it, tough luck.' That's not what the law says. The law says a person is entitled to a fair trial in front of a jury of their peers, and we just think that because of everything around the lead of this trial, it made it very difficult for the jury to evaluate the evidence kind of independent of what they knew coming in."

Grounds for appeal

Mike Davis, founder and president of Article III Project, told Blaze News that "Trump has several paths for appeal," including filing a substantive appeal on the merits of the case and an emergency relief from the judgment.

"The immediate focus should be getting a stay of the execution of the judgment," Davis explained, noting that Trump has "a very good chance" of securing an emergency petition and having his conviction reversed on appeal.

"The emergency petition can move very fast. That can happen before Trump actually goes to prison or is otherwise confined," he continued. "The appeal on the merits takes many, many months."

Trump and his attorneys have argued that Manhattan District Attorney Alvin Bragg's case against the former president was "rigged," pointing to the assignments of acting Justice Juan Merchan and one of Bragg's lead prosecutors, Matthew Colangelo.

In a post on Truth Social ahead of the jury's verdict, Trump called the case a "highly political, unconstitutional, and election interfering witch hunt."

Merchan's daughter, Loren, is the president of a Chicago-based progressive political consulting firm. Two of the company's Democratic clients have raised at least $93 million in campaign donations, according to a report from the New York Post. The clients' solicitation emails mentioned the New York case against Trump, leading the former president's legal team to argue that Judge Merchan has a conflict of interest with his daughter profiting from the case.

Trump's campaign spokesperson, Steven Cheung, has called Merchan "highly conflicted."

'Unprecedented republic-ending lawfare and election interference.'

Merchan was also slated to preside over a criminal fraud trial against Trump's former presidential adviser Steve Bannon. CNN recently reported that a different judge will be assigned to the case because of a scheduling conflict.

Criminal defense attorney David W. Fischer told Blaze News, "Trump's most salient issue on appeal is whether the outside invoices from Michael Cohen and other sources constitute 'business records' under New York law." Fischer previously explained that it is one of the most straightforward strategies for dismissing the case, and he now believes it is the best approach for appeal.

"To falsify a record means to take an existing record and change it in a way that changes the character of the record," Fischer stated. "It is not the addition of a false record into a business."

"The second strongest issue is that the jury was allowed to convict without being unanimous as to which federal crime they believed Trump committed," Fischer told Blaze News.

As part of Merchan's jury instructions, he told the panel that they did not need to be unanimous on "whether the defendant committed the crime personally, or acted in concert with another, or both." Additionally, the jurors were told they did not have to all agree about the "unlawful" means, which could have included violations of the Federal Election Campaign Act, falsification of other business records, or violations of tax laws.

Merchan told the jury, "You need not be unanimous as to what those unlawful means were ... you may consider: violations of FECA, falsification of other business records, violation of tax laws."

Fischer told Blaze News that the appeals process in the New York case "will not be resolved until well into 2025."

Trump referred to Colangelo, a leading prosecutor in the New York criminal trial, as a "top Democrat DOJ official," pointing to his former senior role in the Biden administration's Department of Justice. During his previous employment at the New York attorney general's office, Colangelo oversaw a lawsuit in 2018 that led to the closure of Trump's charitable organization. He was also involved in an investigation into the Trump Organization.

Colangelo's move from the top-ranking DOJ position to Bragg's team in 2022 was effectively a demotion, raising concerns that the transition was politically motivated. His former position with the DOJ has sparked allegations that the Biden administration was behind Trump's prosecution in New York.

A letter from the Biden administration Department of Justice obtained by the Associated Press contended that the department had nothing to do with Bragg's case.

Assistant Attorney General Carlos Uriarte wrote, "The District Attorney's office is a separate entity from the Department. The Department does not supervise the work of the District Attorney's office, does not approve its charging decisions, and does not try its cases."

"The Department has no control over the District Attorney, just as the District Attorney has no control over the Department," Uriarte added.

The House Judiciary Committee launched an investigation into Colangelo's appointment. In a letter to Attorney General Merrick Garland, Chairman Rep. Jim Jordan (R-Ohio) demanded "documents and communication" related to Colangelo and his "hiring, employment, and termination" at the DOJ.

Bragg and Colangelo will testify before the House Select Subcommittee on the Weaponization of the Federal Government on July 12, a day after Trump is scheduled to be sentenced in the New York criminal case, in which he faces up to four years in prison. Jordan has argued that Colangelo's appointment to Bragg's team has "given the perception that the Justice Department is assisting in" the "politicized prosecution" of Trump.

Bragg's office accused the committee of spreading false information.

"It undermines the rule of law to spread dangerous misinformation, baseless claims, and conspiracy theories following the jury's return of a full-count felony conviction in People v. Trump," a spokesperson from Bragg's office stated. "Nonetheless, we respect our government institutions and plan to appear voluntarily before the subcommittee after sentencing."

The prosecution's star witness in the case, Trump's former lawyer Michael Cohen, leading up to the trial, used his platform on social media to criticize Trump and his presidential campaign and promote the sale of T-shirts bearing an illustrated image of Trump behind bars. During his testimony, Cohen admitted to earning roughly $4.4 million since he began writing books and making podcast appearances disparaging Trump. Cohen also admitted to repeatedly lying and even stealing money from the Trump Organization.

Porn actress Stormy Daniels, another lead witness in the case, also made a profit from the scandal, claiming she had an affair with Trump decades ago. Daniels signed a book deal and also profited from a strip club tour dubbed "Make America Horny Again," which she testified that she did not name.

Merchan placed a gag order against Trump, preventing him from speaking publicly about anyone involved in the case or their family members, with the exception of the judge and DA Bragg.

Next steps for Trump

Davis told Blaze News, "Trump should absolutely file a civil lawsuit against all of these Biden Democrat prosecutors who are engaging in this unprecedented republic-ending lawfare and election interference against Trump. And state attorneys general, like in Florida, in Georgia, and elsewhere, should open criminal probes — so should the Maricopa County Attorney in Arizona. Congress should assume more aggressive oversight. And when Trump is back in office, his Justice Department on day one should open civil rights and other criminal investigations on this republic-ending lawfare by Biden and his aides and allies."

Will Scharf, Trump's attorney, stated last month that the former president's legal team is "considering all options" to appeal the conviction.

'A weak legal case but a strong public relations move.'

Scharf told Fox News, "This case is replete with reversible error going back to the very first day, continuing through jury instructions. Every aspect of this case is ripe for appeal. We are going to appeal as quickly as we can. We will seek expedited review of this case."

"All options are on the table," he continued. "And we are actively considering all options that could lead to justice for President Trump here, because justice has not been done in this New York courtroom today."

Scharf stated that Trump's legal team is considering filing a lawsuit against Bragg for "malicious prosecution," noting that he believes the case "is extraordinarily strong."

"This is not a case that would have been brought against any defendant not named Donald Trump and any defendant who frankly wasn't running for president," Scharf told Fox News.

Fischer told Blaze News that the potential "lawsuit against Alvin Bragg would be a weak legal case but a strong public relations move for candidate Trump."

Ahead of the Thursday evening CNN Presidential Debate, Judge Merchan partially lifted the restrictive gag order against Trump, allowing him to publicly discuss the witnesses, including Cohen and Daniels. The gag order still prevents Trump from speaking about Bragg's team, Merchan's daughter, or others involved in the case.

During the debate, Trump claimed that the New York case against him was President Joe Biden's way of attacking his political opponent.

"[Biden] basically went after his political opponent because he thought it was going to damage me," Trump stated, adding that his campaign has never generated more contributions than it did after the jury's guilty verdict. "That case is going to be appealed and won."

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Trump attorney says team was 'expecting' guilty verdict in New York case, lays out plan to appeal



Donald Trump attorney Todd Blanche told the "Today" show on Friday that the former president's defense team in the New York case was "expecting" a guilty verdict. He noted that they plan to appeal.

On Thursday, a jury found Trump guilty of all 34 counts of falsifying business records, Blaze News previously reported. Manhattan District Attorney Alvin Bragg (D) filed the charges against the former president last year.

'I don't accept that this was a fair place to try President Trump.'

"This was a verdict that we were expecting. We're going to appeal, and we're going to win on appeal," Blanche told the news outlet. "The goal is to appeal quickly and hopefully be vindicated quickly."

Blanche stated that Trump's defense team was neither shocked nor surprised by the outcome of the case.

"We didn't think we were gonna get a fair shake in Manhattan, and we didn't," he told the "Today" show.

Trump's attorney explained that there was "a lot of evidence" in the case that should have been presented to jurors but was rejected.

"We asked to bring in evidence, for example, of tax records of some of the witnesses. That was one of the theories of the prosecution. We weren't allowed to do that. There's a reliance on counsel theory that would have been, we believe, helpful to our defense that we were not allowed to bring in," Blanche continued. "The judge, as judges can do, limited in lots of ways our cross-examination of witnesses that made it a challenge."

Acting Justice Juan Merchan is expected to announce sentencing in July. Trump is facing up to four years in prison on each count. Blanche was asked whether he believed Bragg would request that Trump face prison time.

"I would hope not," he responded. "Under the guidelines and the rules of the court, what normally would happen, President Trump would not face a day in prison."

"He should not go to prison. I don't know what the district attorney is going to do," Blanche added.

He told the news outlet that the case is not over just because the jury returned a verdict, stating that Trump's legal team plans to appeal.

"I think the recusal issue is meaningful," Blanche explained. "I think the statute of limitations, the background of why this case was brought, is meaningful."

"I do not think Michael Cohen should ever be somebody who can be relied upon to convict somebody," he added, referring to Trump's former attorney.

In an interview with CNN on Thursday evening, Blanche stated, "Every single person on the jury knew Donald Trump as president, as candidate, from 'The Apprentice,' so I don't accept that this was a fair place to try President Trump."

CNN anchor Kaitlan Collins pushed back on Blanche's argument, stating that jurors knowing about the case going into the trial was unavoidable.

"The law doesn't say, 'But if you can't avoid it, tough luck.' That's not what the law says. The law says a person is entitled to a fair trial in front of a jury of their peers, and we just think that because of everything around the lead-up this trial, it made it very difficult for the jury to evaluate the evidence kind of independent of what they knew coming in," Blanche remarked.

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Michael Cohen returns to testify against Trump as prosecution's key witness — defense begins cross-examination



Michael Cohen, Donald Trump's former attorney, returned to the witness stand on Tuesday in the New York criminal case against the former president.

Cohen, the prosecution's key witness, despite his compromised credibility, offered no additional evidence against Trump during his direct examination on Monday and Tuesday.

In 2018, Cohen pleaded guilty to making false statements to Congress, tax evasion, and campaign finance violations. He claimed he lied "out of loyalty and in order to protect [Trump]."

‘It wasn't a lie; it wasn't truthful.’

"And my family — my wife, my daughter, my son — all said to me, 'Why are you holding on to this loyalty? What are you doing? We're supposed to be your first loyalty," Cohen testified. "I made a decision based again on the conversation I had with my family that I would not lie for President Trump anymore."

He acknowledged that some of the charges he pleaded guilty to were unrelated to any alleged arrangements with Trump.

"I was given 48 hours to accept their plea offer or they were going to file an 80-page indictment that included my wife, and I was going to protect my wife," Cohen stated, referring to the civil fraud trial in New York.

Despite facing up to several decades in prison for the charges, Cohen was sentenced to just 36 months. He was released early due to COVID-19, he testified.

Cohen claimed that he paid porn actress Stormy Daniels $130,000 to keep quiet about an alleged affair she had with Trump. Cohen testified that his payment to Daniels was made "on behalf of Mr. Trump" and that the former president reimbursed him $420,000, paid out in $35,000 increments over a year.

Cohen told jurors about the Federal Bureau of Investigation's April 2018 raid on his hotel room, condo, and office. According to Cohen, he was residing in a hotel at the time because his condo had flooded. When asked to describe the raid, he replied, "How to describe your life being turned upside down: concerned, despondent, angry."

Cohen was the prosecution's final witness, according to live updates from the courthouse.

Defense team begins cross-examination

On Tuesday afternoon, Trump's attorneys began their cross-examination of the prosecution's key witness.

Cohen admitted that the New York criminal case against Trump was "personally" important to him.

He acknowledged that he has been instructed multiple times not to publicly discuss the case but has continued to do so. Cohen stated that during his twice-weekly podcast, Trump is "mentioned in every one." His TikTok account "does make money, but it's not significant," he testified.

Trump's attorney, Todd Blanche, asked Cohen whether he was being truthful when he previously made comments about Trump wanting to "make the country great again."

Cohen replied, "At that time, I was knee-deep into the cult of Donald Trump, yes. ... I was not lying, it's how I felt."

He also admitted that he previously described Trump as "a man who cares deeply about his family" and is "kind, humble, and honest."

Blanche pushed Cohen to confess that he lied to investigators involved in Robert Mueller's probe of Trump's alleged links to Russia. Cohen acknowledged that the information he provided was "not accurate."

"It wasn't a lie; it wasn't truthful. If you want to call it a lie, we can call it a lie. I believe the information I gave them is inaccurate," he told Blanche.

"But you are not testifying it's a lie?" Blanche asked.

"Sure, I'll say it's a lie," Cohen conceded.

When asked whether he would like to see Trump convicted, Cohen refused to provide a definitive "yes" or "no" response and repeatedly replied, "Sure."

Blanche questioned Cohen about comments he made on social media on April 23, in which he called Trump a "dictator" who "belongs in a cage like a f***ing animal." Blanche also showed the T-shirt Cohen recently wore in one of his social media videos. The shirt included an illustration of Trump behind bars, and Cohen said he encouraged his show's viewers to purchase the shirt from his merchandise store.

Cohen denied that he is "motivated by fame."

"I don't think that's fair to say," he stated.

"Is it fair to say you're motivated by publicity?" Blanche asked.

"I don't know if that's fair to say. I'm motivated by many things," Cohen remarked.

Cohen will return for cross-examination on Thursday.

According to court transcripts, the defense is not yet certain whether Trump will testify.

Anything else?

Trump has maintained that no crime was committed. He pleaded not guilty to all 34 charges in the case and repeatedly denied Daniels' affair allegations.

"I paid a lawyer a certain amount of money. We marked it down as legal expenses. So, I had a legal expense, and I marked it down as a legal expense. I didn't mark it down as a construction of a wall, construction of a building. I didn't mark it down as electricity," Trump said.

"There's no crime," he continued. "I've been here for almost four weeks in an icebox, they call it the icebox, listening to a judge who is totally corrupt and conflicted."

Acting Justice Juan Merchan again on Tuesday denied the defense team's request to appeal the gag order against Trump, which prevents him from speaking about anyone involved in the case. So far, Merchan has fined Trump $10,000 for 10 comments that allegedly violated the order.

House Speaker Mike Johnson (R-Louisiana) visited the courthouse on Tuesday to show his support for Trump. Before attending the trial, he spoke to the media. He stated that Cohen was "clearly on a mission for personal revenge" and claimed that the case was "not about justice, it's about politics."

"The crime they are accusing President Trump of is falsification of business records. But I think everybody knows he is not the bookkeeper for his company," Johnson said.

North Dakota Governor Doug Burgum (R), former Republican presidential candidate Vivek Ramaswamy, and Florida Representatives Byron Donalds (R) and Cory Mills (R) also attended the trial on Tuesday.

"This trial is a joke. This thing is a farce," Donalds told reporters. "Where is the crime? There is no crime. The only crime that's happening here is this Democrat judge and the Democrat party prosecuting their political rival right in the middle of a presidential election."

Rep. Byron Donalds: \u201cThis trial is a joke. This thing is a farce. The only crime that\u2019s happening here is this Democrat judge and the Democrat party prosecuting their political rival right in the middle of a presidential election.\u201d
— (@)

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Trump's attorneys renew request for mistrial after Stormy Daniels concludes testimony



Donald Trump's attorney, Todd Blanche, stated Wednesday that the defense will again request a mistrial of the New York criminal case against the former president, according to live updates from the courthouse.

On Tuesday, Trump's defense team requested a mistrial over porn actress Stormy Daniels' testimony, Blaze News previously reported. During the prosecution's direct examination, Daniels stated that she "blacked out" during her alleged sexual encounter with Trump. She also mentioned that his comparably larger stature created an "imbalance of power."

"It almost defies belief that we're here about a records case. ... This is not a case about sex," Blanche remarked.

Blanche argued that Daniels' Tuesday testimony on the witness stand differed from previous public comments she had made about the alleged affair with Trump. He further claimed that Daniels provided details about the alleged encounter that were not relevant to the indictment.

Trump was charged with 34 felony counts of falsifying business records concerning payments made to his former attorney, Michael Cohen. Cohen claimed that he received payment from Trump as reimbursement for a $130,000 so-called hush money payment to Daniels to keep quiet about the alleged affair.

The former president has denied the affair allegations and pleaded not guilty to all of the charges.

Blanche told acting Justice Juan Merchan on Tuesday, "We move for a mistrial based on the testimony of this witness. … A lot of the testimony that this witness talked about today is way different than the story she was peddling in 2016."

"She talked about a consensual encounter with President Trump that she was trying to sell, ... and that's not the story she told today," he continued. "But now we've heard it. And it is an issue. How can you unring the bell?"

Merchan denied the defense's request for a mistrial and blamed Trump's attorneys for not objecting more during Daniels' testimony.

On Thursday morning, the defense's cross-examination of Daniels continued. After the conclusion of her testimony, Blanche stated that the defense planned to renew its motion for a mistrial over Daniels' statements. The attorney also said they would reintroduce a motion to block testimony from former Playboy model Karen McDougal, who also claimed she received so-called hush money to stay quiet about an alleged affair with Trump.

The prosecution informed Blanche that they do not plan to call McDougal as a witness.

"She was on our witness list, but we have never indicated an actual intention to call her," prosecutor Joshua Steinglass stated.

Blanche also said the defense would like to raise an issue regarding the judge's gag order against Trump. Blanche requested that Trump "be allowed to respond publicly" to Daniels' testimony. He noted that the former president will be "asked repeatedly over the next week or two about these new accusations of consent and of what happened that night."

"He is not allowed to say, 'I did not do that,'" Blanche told Merchan.

"The press reporting over the last 24 hours about the current version of the story that we believe is completely false … is completely different in kind than the denials and stories that have come forth since as far back as 2011 and 2014," Blanche continued. "As we've said repeatedly, he needs an opportunity to respond to the American people. The reasons for the gag order as they relate to Ms. Daniels are over. She's no longer a witness."

Prosecutor Chris Conroy claimed that Trump should be replying to Daniels' testimony in court and not to the media.

"If somebody wants to respond to something said in this room, that can happen in this room. It's not supposed to happen out there," Conroy stated. He claimed that lifting the gag order would have "very real consequences for witnesses."

Merchan denied Blanche's request to modify the gag order.

"My concern is not just with protecting Ms. Daniels or a witness who has already testified. My concern is with protecting the integrity of these proceedings as a whole," Merchan told Blanche. "Other people will see you doing it. … Other witnesses, including not only Michael Cohen, other witnesses will see your client doing whatever it is he intends to do."

"The nature, the vitriol … your client's track record speaks for itself here. I can't take your word for it that he says I'm just going to speak the facts," Merchan added.

Blanche then renewed his request for a mistrial over Daniels' testimony, stating that she presented a new account of her story. He claimed her statements on the witness stand insinuated that the "completely made-up encounter with President Trump may not have been consensual."

"It almost defies belief that we're here about a records case and the government is asking about an incident that happened in 2006," Blanche argued. "This is not a case about sex."

Blanche said Daniels' "out of control" testimony was a "dog whistle for rape."

Merchan denied the defense team's request for a mistrial.

"The more specificity Ms. Daniels can provide about the encounter, the more the jury can weigh whether the encounter did occur and if so whether they choose to credit Ms. Daniels' story," the judge remarked.

Merchan again blamed the defense for not objecting to each statement made by Daniels that the attorneys cited in their request for a mistrial.

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Trump's team moves for mistrial over Stormy Daniels' testimony: 'Way different than the story she was peddling in 2016'



On Tuesday, Donald Trump's legal team moved for a mistrial of the New York criminal case against the former president amid testimony from porn actress Stormy Daniels, according to live updates from the courthouse.

Last year, Manhattan District Attorney Alvin Bragg (D) charged Trump with 34 felony counts of falsifying business records concerning payment made to Trump's former attorney Michael Cohen. Cohen alleged he paid Daniels a $130,000 so-called "hush money" payment to keep quiet about an alleged affair she had with the former president.

Trump's attorney, Todd Blanche, argued that Daniels' claims during the prosecution's direct examination differed from her previous public statements.

"We move for a mistrial based on the testimony of this witness," Blanche told acting Justice Juan Merchan on Tuesday, claiming that Daniels went over the "guardrails" set by the court.

"A lot of the testimony that this witness talked about today is way different than the story she was peddling in 2016," Blanche said.

Daniels testified that she "blacked out" during her alleged sexual encounter with Trump. She also stated that they did not use a condom and noted that Trump was physically larger than her, which she claimed created a power dynamic.

"I just think I blacked out. I was not drugged. I was not drunk. I just don't remember," Daniels told the jury. "I told very few people that we had actually had sex, because I felt ashamed that I didn't stop it."

Blanche stated that each time Daniels mentioned during her testimony seeing Trump after the alleged encounter, "She qualified that it was in an open place, a public place."

"She talked about a consensual encounter with President Trump that she was trying to sell ... and that's not the story she told today," he continued. "But now we've heard it. And it is an issue. How can you unring the bell?"

Prosecutors argued that Daniels' detailed testimony concerning the alleged sexual affair was "highly probative of defendant's intent" and his "motive for paying this off." They further contended that Daniels' testimony was "not a new account."

Blanche said, "This is the kind of testimony that makes it impossible to come back from — not even talking about the fact that we're talking about somebody is going to go out and campaign this afternoon."

"This has nothing to do with the reason why we're here, your honor," he added. "She testified today about consent, about danger, and that's not the story she was peddling. Sorry, that's not the story she was selling."

"I don't think anybody, anybody, can listen to what that witness said, think that has anything to do with the charges, and the entire testimony is so prejudicial that you run the very high risk of the jury not being able to focus on the evidence that actually does matter," Blanche explained.

Merchan denied Blanche's request for a mistrial and partly blamed the defense for not making more objections during the prosecution's examination of Daniels.

"As a threshold matter, I agree, Mr. Blanche, that there were some things that probably would've been better left unsaid," Merchan told Trump's attorney. "Having said that, I don't believe we're at a point where a mistrial is warranted."

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Prosecutors claim Trump violated gag order again: 'This is a political persecution,' defense says



On Thursday morning, acting Justice Juan Merchan held another hearing regarding four additional alleged gag order violations made by Donald Trump. Earlier this week, the judge held Trump in contempt for prior alleged breaches of the order.

Manhattan District Attorney Alvin Bragg's (D) prosecutors accused Trump of "persistent and escalating rhetoric."

"He's already been found to have violated the court's order nine times and he's done it again here," prosecutor Chris Conroy stated.

The first alleged gag order violation presented by the prosecution during the Thursday hearing included comments Trump made during a news interview last week when he noted that the jury pool consisted of mostly Democrats.

"That jury was picked so fast. 95% Democrats," Trump said.

Conroy argued that the former president "used his platform here to criticize the seated jury in this case."

During a recent campaign stop, Trump called witness and former National Enquirer publisher David Pecker "nice."

"The defendant knows what he's doing," Conroy contended. He added that Trump "talks about the testifying witness, says nice things, does it in front of the cameras," which he claimed were "deliberate shots across the bow" to witnesses.

Conroy also claimed that Trump violated the judge's order during an April 23 television interview. Trump called his former attorney Michael Cohen a "convicted liar." Conroy argued that Trump was attempting to discredit the witness' testimony.

The final alleged violation included statements Trump made to reporters outside of the New York trial on April 22.

He said, "When are they going to look at all the lies that Cohen did in the last trial. He got caught lying in the last trial."

Conroy claimed that Trump is "doing everything he can to make this case" about politics, calling his comments "corrosive to this proceeding and the fair administration of justice."

The prosecution is requesting Merchan order Trump to pay $1,000 per violation. Conroy noted that they "are not yet seeking jail."

Trump's attorney, Todd Blanche, argued that Cohen has repeatedly used his podcast to attack Trump.

"Cohen has been inviting and almost daring President Trump to respond to almost everything he's saying," he said. "Personal attacks on his character. Mocking him for being on trial. And also his candidacy for president of the United States."

Blanche stated that Cohen "has started going on TikTok nightly and literally making money" attacking his client.

He claimed that Trump's response to a question about Pecker's testimony was "very factual" and "neutral," noting that the former president "sidestepped" the inquiry to avoid violating the gag order.

"There's no threatening, menacing statements," Blanche added.

"He can't just say 'no comment' repeatedly. He's running for president," the attorney remarked.

Merchan told Blanche that Trump's statements are "about what the other witnesses see."

"It affects those witnesses as well," he said.

Blanche told Merchan, "We very much believe this is a political persecution."

The judge has not yet made a ruling on the new alleged violations.

Earlier this week, the judge held Trump in contempt for allegedly violating the gag order on nine occasions, Blaze News previously reported. The former president was ordered to pay $1,000 per violation and remove several social media posts and statements from his campaign website.

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