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CNNW The July 3, 2024

Forget you thats it for us. The news continues. The source will Kaitlan Collins starts now statement the source tonight, you almost need a four letter word to describe what happened inside trumps trial this afternoon. I was there when the entire press corps was clear from the courtroom. After the defenses witness may judge mark sean urea plus all the president s friends who were also indicted. That courtroom today, the trump entourage included a former Biker Gang Leader who spent years in prison, and a string of others who are also facing charges of their own and talk about a birthday surprise Rudy Giuliani served a Birthday Cake for his 80th. Then was served himself with an indictment after abating arizonas Attorney General for weeks will go straight to the source of her in moments im Kaitlin Collins and this is the source the wheels came off, the bus. That is really the old only way to sum up what happened when six weeks into Donald Trumps hush money trial, the prosecution rested its case today because moments after Michael Cohen stepped off the stand following 17 hours of testimony, including testimony where the defense got him to concede that he stole Tens Of Thousands of dollars from donald trump it was after that that the craziest mokhber moment happened inside that courtroom today. It was the witness who came after Michael Cohen that triggered an eruption inside the courtroom, not Michael Cohen himself. I was in the room about five rows back watching it all unfold. And let me tell you, it was the kind of moment that made you wish there were cameras and fort you see trumps team had been torn on whether to call Robert Costello to the stand. We reported that here this morning, they still had not made a final decision when courts started. But in the end, it did end up calling him this afternoon. Robert costello, of course, is the one who advised Michael Cohen, but never formally represented him. Not long after castello took that stand. However, judge one more sean had to scold him. He sent the jury out of the room to address ill costello was answering questions even after the judge had sustained rulings, meaning he wasnt supposed to answer because cellos muttering audibly about those rulings from the judge. And it points even rolling his eyes, not once and this entire trial, have i seen judge merchan this furious the judge pointedly telling costello and im quoting from the transcript now, after the jury left the room i want to discuss proper decorum in the courtroom. If you dont like my ruling, you dont say, jeez. Okay . Then youll say strike it because im the only one that can strike testimony in this courtroom. And then if you dont like my ruling, you dont give me sinai. You dont roll your eyes. Do you understand that . Then, judge merchan raised his voice and ask the witness are you staring me down right now seconds after that, merchan cleared the courtroom. The press in that room pushed back on having to leave. They wanted to be able to witness that moment as it was happening. But Court Officials were yelling to leave the room. It was chaotic in every sense of the word with everyone really just looking around at each other. Not believe knowing what to do remember, of course, the jury salt none of this having already been sent out of the room themselves. And the press two followed and was sent out, though i saw that trumps entourage, at least most of them, did stay behind in the room. Moments later, we were back in testimony, resumed with the jury having no idea what just went down donald trump, however, was there the whole time. And had this to say afterward so what you saw so what happened to a highly respected lawyer today . Hello ive never seen it like that not only did trump, theyre just called a judge, a tyrant, which is some of his strongest language that we have seen about more shawn today. Hes also talking about a witness under the terms of trumps gag order, as we have gone over many times during these six weeks trump is not supposed to talk about any of the witnesses, even the ones he likes, even the ones that he pushed his defense team to call to the Witness Stand today. Its a remarkable de legal sources tonight. Here are cnns senior legal analyst and former assistant us attorney elie honig, also, jury consultant ronaldos to biel, retired new York States Supreme Court justice judge joe kahn visor, and cnn legal analyst norm eyes. And who is also clear that up courtroom with me today. And norm, i mean, i looked over i saw you on the other side of the room. We were sitting there. No one knew what to do. The Court Officials were just following the judges orders telling people to get out of the room, an attorney for the media was saying we want to stay was addressing the judge directly. I mean, it was pure chaos and you know what i was thinking, will we know what was said when we were not in there and we just got the transcript and the judge here and im quoting from his transcript, was talking about how the difficulty the Court Officers had in getting everyone to leave the room because its mostly media in the back of that room and it was just chaotic the judge said this will be in the transcript. Im not going to seal it. And he said the fact that i declare the courtroom and that the Court Officers, including the captain, had great difficulty during the courtroom, and that there was argument back and forth between the press and including the council for that press goes to why i had to clear the courtroom in the first place and he speaking to Robert Costello now and he says sir, your conduct is contemptuous right now. Im putting you on notice that your conduct is contentious, and if you try to stare me down one more time, i will remove you from the stand and he addressed trumps attorney and said, im going to strike his entire testimony if that happens. Do you understand me . Bove emil bove said yes, judge, i understand. And then castello ask the judge, can i say something, please . And the judge goes, no, no. This is not a conversation it was an extraordinary moment. There have been a couple of times in my close to 40 years of going to court when courts have been cleared like that, never with that chaos, never in such a high profile case. And ive seldom seen a witness act out as visibly as wrong costello, he set this off by audibly saying in response to one of the judges rulings because he was rambling All Over The Place . Objection. Sustained. And then he said, jeez, and the jury could hear that. Theyre sitting right there. I was your back and i could hear the jury was kaitlan in an eye. Were looking at each other across the aisle. Did jurors were looking at each other, which they seldom do. They were rolling their eyes, they were pursuing their lips, they were shaking their heads whatever value castello had to the defense. And as you reported, there was a hot debate about it within the defense, whatever value we had was eliminated. And the irony elie and i have often talked about this will Michael Cohen keep his cool . Hes such a passionate person. Hes such a hot reactor Michael Cohen kept his cool for an entire week. Bob costello, a longtime respect that attorney blew up the entire cell is on michael gold is on the safer 17 hours and maybe find his testimony damaging, but he was pretty calm, cool, collected bob costello is on there for 30 minutes and the judge has to clear the courtroom. Judge, have you ever have you ever had a clear courtroom . I mean, how remarkable is that that that happened . It is remarkable. I have cleared a courtroom, but under very different circumstances, gang members in the audience Throwing Gang signs and threatening signs at a witness i cleared the courtroom and there was some arrests as a result, but it is very rare. And this was the situation where he needed to do it. He had a witness who is acting contemptuously. He had a witness who was clearly not following the rules decorum was the word that he used. What that was completely being obliterated. I think he did the right thing. I liked the way he didnt let you didnt give them an inch and hes on notice. Thats the rule in new york. The law in new york is you need to give a witness notice. A person, defendant, a witness, anyone, a lawyer notice before being able to be to actually hold them in contempt. Hes worn. Its out there. He does instead this judge strikes the testimony and holds this guy in contempt. This was an eminently predictable debacle. I mean, every time weve raised the possibility over the last week or so we started getting reporting from kaitlan and others. Theyre torn about whether to call castello. I mean, my reaction, i think most of our reactions why why would you do that . Why would you take this risk now . I didnt know he was going to implode this way. I dont know the guy personally, but what an embarrassment i will say two things. Having read the transcript. One, the judge did the defense a bit of a favor because as you noted, kaitlan he get got the jury out of there real quick. And the bigger drama happened after the jury was gone, and then the jury was not there, as you said, when the courtroom was cleared, when it reached this crescendo. The other thing is i went back and read through this. What did the defense even get from that guy . It was all stuff that was already there. He basically said, well, cohen told me that he didnt really have anything to use against trump and thats about it. I mean, it was a big nothing that they already had anyway, and theres not really much happening on the cross and this guy either, theyre just letting fact like a maniac and its hurting the defense. I mean, it was it was crazy because he was he was there to undermine Michael Cohens credibility and trump wanted him to come after seeing him testify on the hill, but that is the most remarkable part is the jury missed all of this. Thats what i was thinking when we got back in the room and they started questioning him again, i was like these 12 people have no clue what just happened i know i went to that. They have no clue. I mean, you have to know that he was acting up so in the moment they know youre exactly right. They know they were asked to leave. No, they were brought back and presumably his attitude change. So the jury knows that something bad happened in their absence and theyre not willing to bet the jury knows exactly what happened and i say that because you heard these murmuring, the gs or whatever he was dang objection. Sustained. Under his breath. So if you heard it they heard it and i am telling you this jury, like most juries, is probably on love with the judge and you take on the judge, they are not going to like it. This witness did not do a service to the defendant and there was one moment and norm, i dont know if you saw this, but i kind of had a direct view of the jury today and the prosecutor, Susan Hoffinger, was crossing him and she asked me a question and Robert Costello asked her to speak into the microphone with this kind of condescending tone and she just went on, but i saw two jurors who normally have no reaction, exchange. This knowing look as this was going on, it was a moment of mounting obnoxious snus and it just got worse and worse and the geez, i agree. The jury could see even though the judge was controlling himself, the jury could see that the rudeness was getting stronger and stronger so they are fond of the judge and the judge signaled his anger at the steadily increasing you cant it just was a loss of control by costello. It was not a strategy. They were not trying to have that chaos in the courtroom that the du of has experienced an r lawyer whos there who arranges the exit as he stood up in the middle of the room objection, your honor. Objection. He was carrying on the reporters were arguing with the Court Officers. They were shouting at us get out clear the room. It really was a moment of pandemonium. I think that the judge should not have cleared the room. He should have left the reporters and warrant castello. He actually i think he did get heated. He was a little emotional. His judgment was not the sharpest. He was doing it as a favorite or castello because he didnt want the story to be casella threatened with contempt, but it comes out in the transcript in a couple of hours. Anyhow, he shouldve left the press in the room. Certainly the jury had to be. How does the jury see when when castells up there and hes contradicting himself because i was listening for him and it was you hear this chance to maybe represent Michael Cohen. They talked about it, but he seemed bit contradicting himself because at one minute they would show an email that he sent his son bragging that he was going to be representing by gluco and that he was going to be the personal attorney to the former president. He was representing, but dont tell anyone yet. Its not out. And his son was responding congrats, dad, i hope this leads to big things and two seconds to questions later, he was saying, i never saw it to be Michael Cohens attorney. Right . It was confused testimony. Look, i guess the goal from the fence was that Michael Cohen told a different story, but theres a difference between perception and reality. The perception that the defense wants is that Michael Cohen cant be believed but the reality is when a criminal defendant or potential criminal defendant first meets with the criminal defense attorney, theyre not always completely candid. Thats a relationship of trust that has to be built up. So its not really any great surprise that Michael Cohen might not have told bob costello the full truth in their first few meetings. Thats actually quite common. But booksellers, a horrific witness. It was a big mistake to call him if youre the defense, you have two choices. Option a is let the last taste in the jurys mouth be Michael Cohen, who was horrible also as well talk about, i think in the next segment, option b, let them go out thinking about bob costello between now and next tuesday when they come back, i think its a huge which mistake on the substance again, theres not much here. Are there to what costello said hes allows the witness is contrary to get contradicting themselves. Its kind of a wash, but judge copies or makes a great point, which is jurys bond with judges especially good ones, judge merchans a good judge in a way like the judge becomes their mother and their father and their caretaker and their legal instructor and if you are going to tick off the judge, its obvious to the jury as well, its going to backfire i had to bring you back in the next segment, but did trump violate the gag order by namedropping . Robert costello outside the courtroom. He may have the spirit of the gag order. He may have done that. Of course, the judge is going to wait until the people take action. If they do which at this the point they may not want to. It is not going to do its so a spontaneous after what happened today. Okay. Somehow we havent even gotten to Michael Cohens testimony today, which was also really notable. So well do all that after a quick break here because Michael Collins admission on the stand today that he did steal from trump is a big question. How did the jury see that also tonight, it is game over for Rudy Giuliani, who is being playing. Catch me if you can with arizonas top Law Enforcement official. He was finally served at his own 80th Birthday Party more with her in a moment this source. Weve case weve Kaitlan Collins hes brought to you by up devo plus your boy find out more at up devo. Com advanced lung cancer. Has you searching for possibilities, discover a different first treatment immunotherapies work with your Immune System to attack cancer, but up devo plus your voice is the first combination of two immunotherapy these for adults newly diagnosed with nonsmall Cell Lung Cancer that has spread tests positive for pdl1 and does not have an abnormal egfr or alk gene up devo plus your voice is not chemotherapy. It works differently it helps your Immune System fight cancer in two different ways. 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