NEW YORK (AP) 鈥� The judge in cleared the courtroom of reporters Monday and then threatened to remove the defense's witness from the trial altogether because of his behavior on the stand, a court transcript later showed.
Judge Juan M. Merchan told Robert Costello, a former federal prosecutor, that his conduct was 鈥渃ontemptuous right now."
Costello aggravated Merchan repeatedly in his testimony by making comments under his breath and continuing to speak after objections were sustained 鈥� a signal to witnesses to stop talking. At one point, Costello remarked 鈥渏eez鈥� when he was cut off by an objection. He also called the whole exercise 鈥渞idiculous.鈥�
鈥淚鈥檓 putting you on notice that your conduct is contemptuous," Merchan said, according to the transcript of the conversation that occurred when the press was out of the room. 鈥滻f you try to stare me down one more time, I will remove you from the stand."
Costello didn鈥檛 return a message seeking comment Monday night.
"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," Merchan told Costello. 鈥淎nd that is, sir, your conduct is contemptuous right now.鈥�
When he brought the press back in, Costello's testimony continued and it will resume Tuesday. The defense is using him in an effort to attack the credibility of Trump attorney-turned-adversary .
Trump's lawyers also pressed Merchan to stop the case from going to the jury and throw out the charges after prosecutors concluded their presentation of evidence. He didn't immediately rule on the request, which came at the end of a heated day that also included the prosecution鈥檚 star witness admitting to stealing tens of thousands of dollars from Trump鈥檚 company.
After jurors left for the day, defense attorney Todd Blanche told the judge that prosecutors failed to prove their case and that it should be thrown out immediately. Blanche beseeched the judge to 鈥渘ot let this case go to the jury relying on Mr. Cohen鈥檚 testimony.鈥�
The judge appeared unmoved by the argument, asking the defense attorney whether he believed that 鈥渁s a matter of law, this person鈥檚 so not worthy of belief that it shouldn鈥檛 even be considered by the jury?鈥�
鈥淵ou said his lies are irrefutable,鈥� the judge replied. 鈥淏ut you think he鈥檚 going to fool 12 New Yorkers into believing this lie?鈥�
Cohen was the last witness 鈥� at least for now 鈥� for prosecutors, who are trying to prove that Trump sought to bury unflattering stories about himself and then falsified internal business records to cover it up as part of a scheme to illegally . The defense has painted Cohen as a media-obsessed liar who is on a revenge mission aimed at taking down Trump.
The defense called Costello because of his role as a Cohen antagonist and critic in the years since their professional relationship splintered in spectacular fashion.
Costello had offered to represent Cohen soon after the lawyer鈥檚 hotel room, office and home were raided and as Cohen faced a decision about whether to remain defiant in the face of a criminal investigation or to cooperate with authorities in hopes of securing more lenient treatment.
Costello testified that Cohen told him Trump 鈥渒new nothing鈥� about the $130,000 hush money payment to that's at the center of the case.
鈥淢ichael Cohen said numerous times that President Trump knew nothing about those payments, that he did this on his own, and he repeated that numerous times,鈥� Costello told jurors.
Trump lawyer Emil Bove told the judge that the defense does not plan to call any other witnesses after Costello, though they may still call campaign-finance expert Bradley A. Smith for limited testimony. They have not said definitively that Trump won鈥檛 testify, but that鈥檚 the clearest indication yet that he will waive his right to take the stand in his own defense.
Back on the witness stand for a fourth day, Cohen told jurors earlier Monday that he stole from the Trump Organization after his 2016 holiday bonus was slashed to $50,000 from the $150,000 he usually received.
Cohen claimed to have paid $50,000 to a technology firm for its work artificially boosting Trump's standing in a CNBC online poll about famous businessmen. Cohen said he gave the firm only $20,000 in cash in a brown paper bag, but he sought reimbursement from Trump for the full amount, pocketing the difference.
鈥淪o you stole from the Trump Organization?" defense attorney Todd Blanche asked.
鈥淵es, sir,鈥� Cohen replied. Cohen said he never paid the Trump Organization back. Cohen has never been charged with stealing from Trump鈥檚 company.
Cohen is a key witness but also a complicated one. He admitted on the witness stand to a number of past lies, many of which he claims were meant to protect Trump. Cohen also after pleading guilty to various federal charges, including and engaging in campaign-finance violations related to the hush money scheme. And he has made millions of dollars off critical books about the former president, whom he regularly slams on social media in often profane terms.
But when pushed by Blanche, Cohen stood by his recollection of conversations with Trump about the hush money payment to Daniels. Cohen testified that he spoke with Trump more than 20 times about the matter in October 2016.
鈥淣o doubt in your mind?鈥� Blanche asked about whether Cohen specifically recalled having conversations with Trump about the Daniels matter. No doubt, Cohen said.
After more than four weeks of testimony about sex, money, tabloid machinations and the details of Trump's company record-keeping, jurors could begin deliberating as soon as next week to decide whether Trump is guilty of in the first criminal trial of a former U.S. president.
The charges stem from internal Trump Organization records where payments to Cohen were marked as legal expenses. Prosecutors say they were really reimbursements for the payment to Daniels to keep her from going public before the 2016 election with claims of a sexual encounter with Trump. Trump says nothing sexual happened between them.
Trump has pleaded not guilty. His lawyers say there was nothing criminal about the Daniels deal or the way Cohen was paid.
"There鈥檚 no crime," Trump told reporters after arriving at the courthouse Monday. 鈥淲e paid a legal expense. You know what it鈥檚 marked down as? A legal expense."
Prosecutors will have have an opportunity to call rebuttal witnesses once Trump's witnesses are done. The judge, citing scheduling issues, said he expects closing arguments to happen May 28, the Tuesday after Memorial Day.
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Richer reported from Washington. Associated Press reporters Jill Colvin and Michelle Price in New York; Meg Kinnard in Columbia, South Carolina; and Eric Tucker in Washington contributed to this report.
Michael R. Sisak, Jennifer Peltz, Jake Offenhartz And Alanna Durkin Richer, The Associated Press
