Legal AF by MeidasTouch - FED UP Judge CLEARS THE COURT at Trump Trial

Episode Date: May 21, 2024

Trump’s only witness for his defense in the NY criminal trial lawyer Bob Costello tried to intimidate Judge Merchan with stares and glares and improper disrespectful comments while testifying, leading to the courtroom being cleared and the judge finding him in contempt and threatening to strike his testimony. Michael Popok does a deep dive into Bob Costello, his connections to Trump and Giuliani, and explains the impact on the jury of Costello’s outrageous conduct. Upgrade your sleep with Miracle Made! Go to https://TryMiracle.com/LEGALAF and use the code LEGALAF to claim your FREE 3 PIECE TOWEL SET and SAVE over 40% OFF. Visit https://meidastouch.com for more! Join us on Patreon: https://patreon.com/legalaf Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Learn more about your ad choices. Visit megaphone.fm/adchoices

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A master painter carefully applying Benjamin Moore Regal Select Egg Shell with deftly executed strokes the roller lightly cradled in his hands applying just the right amount of paint it's like hearing poetry in motion Benjamin Moore see the love this is is Michael Popock, Legal AF Hot Take. Time to drill down on Bob Costello and his role in the Trump trial. He was called over objection by Donald Trump's own lawyers because Donald Trump wanted a friend, a hack to take the stand and try to undercut Michael Cohen and things went awry right away with admonishments from Judge Mershon. The judge even told Costello at the very beginning of his testimony that he found his conduct on the stand to be contumacious or contemptuous,

in contempt of court if he continued. And the jury picked up on it and the whole thing, from my view as a trial attorney, backfired on Donald Trump. Let's take a deeper dive into Bob Costello and I'll read from the transcript of the hearing so you understand exactly that the judge's patience is up and over with these kind of witnesses who were there as hacks and shills for Donald Trump. Let's first look at Bob Costello, former federal prosecutor in his late 60s, works at a law firm in town that I've actually been up against, which is Davidoff, Hutchinson & Citron, had a relationship with Michael Cohen. There's some debate as to whether that was an attorney-client relationship.

Certainly, Michael Cohen would suggest that there were times when it was an attorney-client relationship. But really, what Bob Costello was there to do was to communicate for Donald Trump to Michael Cohen after the FBI opened an investigation of Michael Cohen in 2018 about the Stormy Daniels payment to try to keep him in the fold, to try to keep him in the cult, to make sure that Michael Cohen didn't flip on Donald Trump. That's Michael Cohen's own testimony from the stand. And that, because this is a sordid affair, Rudy Giuliani, of course, has to be involved.

Rudy Giuliani used to work with Bob Costello in the United States Attorney's Office, Southern District of New York. They're friends. At one point until unpaid legal bills broke up their relationship, Costello represented Giuliani in the Fulton County, Georgia, indictment, represented Giuliani when the Jan 6th committee wanted to get to the bottom of Rudy Giuliani's involvement in the attempt to overthrow democracy. Rudy rang up a $1.3 million worth of legal fees led to a firing of the client by Bob Costello and his law firm suing Giuliani. Costello also is the only witness for the defense that testified to the grand jury before the indictment here

of Donald Trump leading to the 34 felony counts. So Bob Costello goes way back. He's been a hack for Donald Trump for a long, long time. At some point in this hot take, I'm gonna play for you what he did in front of MAGA Congress and the Oversight Committee attacking this case from the perch of Washington, that Bob Costello. So that is the man in full, right? That's taking the stand over the objections of the lawyers for Donald Trump, according to insiders. And you know why, as soon as he took the stand and melted down in front of the judge.

It started with simple, juries in the box, witness on the stand, he's sworn to tell the truth and here we go. But a series of questions that were asked as he was called by the defense, so he's in direct examination mode with the defense and I think Susan Nicholas is actually doing the examination and a number of the questions that were being asked were objected to, properly so, very early on in the testimony by the prosecutor's office led by Susan Hoffinger at that time for this witness. Objection, sustained by the judge, objection, sustained by the judge. And apparently after one or two objections in the very, very beginning, Costello, who

thinks he was the bride at the wedding and the body at the funeral and the most important person in the room, decided he was going to start acting out in front of the judge as if he were in some sort of closed door deposition where the judge wasn't or he was the lawyer leading the exam instead of the witness under oath. And so he said a couple of times, jeez, Jesus. Now this is in front of the jury, eye rolling, Jesus, showing frustration, completely inappropriate conduct for a lawyer as an officer of the court, as an advocate, and completely inappropriate conduct for a witness who's trying to show up this judge and

embarrass this judge and crap on the criminal justice system and the administration of justice. No surprise that a Trump-er would try to get away with that. Wrong judge, wrong courtroom, Bob Costello. Let me read to you from the transcript of what went down between the two of them. You can't make this stuff up and I couldn't write it any better. This is where truth is stranger than fiction. Here we go. So on the, starts out kind of innocently enough. Remember, the jury's in the box, right? We got 12 jurors. That's whose opinion counts. And then we've got the lawyers in the room

and the courtroom apparently, and you'll hear why later, is packed with the press. It's got a few court watchers, but it's like wall to wall press and then lawyers for the press. And it's sort of annoying the judge. Judge wants to keep open door, wants to have the press there, but when he needs to clear the courtroom

for something that deals with the administration of justice and the defendant, he wants to do that quickly. And apparently the press, sensing there was blood in the water and something going on with Costello, didn't want to leave, even though the judge ordered them to be cleared. So they weren't playing nice in the sandbox either. That gets the judge pissed off as well. You'll hear it all in the transcript. Here we go. So it starts innocently enough.

You know, you got the defense team walking Costello through his testimony. He says, yeah, I see that in response to the question. And what did you mean by that? This is an exchange between Cohen and Costello that the defense wants to ask about, but it's objectionable for various other reasons that the judge already ruled upon. So Miss Hoffinger for the prosecution says, objection. Judge says, sustained. Response by the witness in front of the jury, jeez.

And then, sort of ignore that for a minute. They go on with the question, was that in response to something Michael Cohen had instructed you to do, right? Objection, sustained. The question is asked improperly. And then the witness decides that he's the judge now or in some sort of deposition and he says, yes, strike it. And then the court says, counsel, counsel.

Let's take a minute. He sees this witness going off the rails and quickly. Can the jury please step out? This is the judge. Court officer says, I'll rise. Jury exits. Takes a couple of minutes to get the 12 jurors out of the room. Once they're out of the room, press is still kind of lingering in the room. Court says, Mr. Costello, you can remain seated because he stands up to leave. Remain seated. The court, you may remain seated because he stands up to leave. Remain seated. The court,

you may be seated to everybody that's there. Mr. Costello, I would like to discuss proper decorum in my courtroom. The witness says, but I'm sorry, I'm sorry, go ahead. He interrupts the judge as the judge is talking to him about decorum. Never a good start. The court says, Judge Roshan says, I want to discuss proper decorum in my courtroom. The witness says, right. As opposed to yes, your honor. I mean, listen, I've been doing this a long time. I've never called a judge judge. It's always your honor. And when they start talking, you stop talking. Apparently, Bob Costello, federal prosecutor with the Trump chip installed in his head, can't get it into his thick head that he needs to be respectful

of the judge in the process, especially in front of the jury. I guess they picked up that Judge Inguarán in the New York attorney general case where there was no jury put up with a lot more grief and guff from the defense than Judge Machon is willing to do as a criminal court judge in New York. Witness, Mr. Costello, right. As if he's on equal playing field with the judge when he is not. Court says, okay, so when there is a witness on the stand, if you don't like my ruling, you don't say, geez, okay? And then you don't say, strike it, because I'm the only one that can strike testimony in this courtroom. Do you understand that? And Costello says, I understand. Okay. And then if you don't like my ruling, you don't give me side eye and you don't roll your eyes. So Costello at some point,

remember how the room is arranged, right? Judge is on high at a bench. That's why we call it the bench. He's up on the bench. He's probably a good five feet above Costello. Costello is in the witness box. Jury is off to his left. Defense and plain of prosecution tables in front of them for lawyers. Then there's the bar, right? Which is literally the bar that keeps out,

but allows the public to see, and the press and all of that. That's the room, right? Wood-paneled courtroom, a little bit shabby at the criminal courthouse in New York. So when you give somebody the side eye for the witness box, let me just do my artist rendering, you have to sort of look up.

So I guess with a grimace, you got Costello side-eyeing the judge. I don't know about where you live, but in Manhattan and New York, you don't side-eye too many people, let alone the judge. Try that on the subway next time you're there and see what happens. So the judge says,

and when you don't like my ruling, you don't give me side-eyes and you don't roll your eyes. Now listen, I'm an eye roller from way back. My fourth grade teacher said, Michael Popak, don't you roll your eyes. Now listen, I'm an eye roller from way back. My fourth grade teacher said, "'Michael Popok, don't you roll your eyes at me.'" So I get it, but you can't do that to the judge. And I certainly have never lost my composure in front of a judge in my 32 years of practice.

Judge says, do you understand that? Do you understand that? Because he's looking for acknowledgement from this officer of the court slash witness that he's going to not be contumacious or contemptuous in the judge's courtroom. The witness says, Costello says, I understand that. I understand what you're saying.

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not be happy with the conduct of me, my conduct for a reason, or a witness of mine, you mind your P's and Q's. It's sorry, Your Honor, that was unintended, Your Honor. And that's their royalty in that courtroom. It goes on though, because as the judge is admonishing Costello about eye rolling and side eyeing, Costello is staring at the judge, but not in a good way.

He's glaring at the judge, like with burning eyes. And the judge says, are you staring me down right now? It's almost implicit in the question. Have you lost your mind? Have you completely gone round the bend? So rather than be contrite and polite and appropriate, Costello, in response to eye rolling comments, starts to stare down the judge. Okay. No, and then rather than, again, no contrition, Costello, no, I'm just wondering how, I assume, let me finish the comment. I'm just wondering how I'm supposed to give my testimony if you're not gonna allow me to speak

and there's so many objections. That's where he was going. No, I'm just wondering, right? When a New York lawyer starts wondering aloud in front of the judge, it's not going to a good place. It's sort of like when somebody gets pulled over with drunk driving and they start with, you know who I am. That never ends well. So no, I'm just wondering how, and now the judge has had it.

Press has been there the whole time. Jury, remember jury has left the room. Press packed into this courtroom, tents, cameras, you know, when they can be used, no recordings, but they're all taking down their notes. And now the judge has had it. Clear the courtroom, clear the courtroom, please, which is a direct order to courtroom personnel and staff, sergeant at arms, the court officers to clear that courtroom. And he means everybody, top to bottom, everybody out, sergeant at arms, the court officers to clear that courtroom. And he means everybody, top to bottom, everybody out except for the parties, prosecution, defense, and this witness. And there was a delay because there were so

many people that were packed into the courthouse, into the courtroom, all press, but now that's pissing off the judge too because when he wants to clear the courtroom, he wants to get to it with this witness as quickly as possible. Right? So he doesn't want, he knows this transcript is going to go out. That was the deal. You get the transcript, you don't get televised. As I'm reading from the transcript, clear the courtroom, clear the courtroom. And while the courtroom is being cleared, but not yet cleared, Costello decides now would be the appropriate time to ask the judge a question.

Think for yourself how that went, and then I'll read how it actually went. Costello, do you want me to answer your question? This is to the judge. First of all, the judge didn't ask a question. I guess the question was, are you staring me down? I guess that was an open question, but it was more rhetorical. It wasn't really one that required an answer. But again, Costello, huge ego, thinks he's on equal playing field, that the judge is his colleague or his peer and not his superior

in the room. This is a Trump problem, right? This narcissism infects all the people around him. Do you want me to answer your question? And then the sergeant says, sir, please. In other words, don't talk while we're trying to clear the courtroom. That's why the judge is trying to clear the courtroom. Court officer, step outside, please.

Step out, step to the side please. They're clearing the courtroom in the back from the press. The court, once he sees the judge, Mershon, sees that the courtroom has been cleared. Okay. Now the judge is back on the record. Let the record reflect that it's now five after four p.m. Let the record also reflect that the court officers had a great difficulty clearing the courtroom, because the courtroom is made up primarily of the press. This is Judge Mershon. And I can appreciate that the press wants to be present for every part of these proceedings. Therefore, this record is not sealed. I release the transcript every day, in other words. The press will have access to this record. 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 the court officers, including the captain, had great difficulty clearing the courtroom, who's the judge is keeping an eye on that as well, and that there was argument back and forth between the press, including counsel for the press, they got, the press has lawyers in the room, goes to why I had to clear the courtroom in the first place. And that is, sir, that your conduct is contumatious,

is contemptuous right now. I'm putting you on notice that your conduct is contemptuous. If you try to stare me down one more time, I'll remove you from the stand. Now let me make it clear. Everybody's out of the room at this point, including the jury, when he's making this comment and the press. I will strike his entire testimony, he tells the lawyers. Do you understand me?

Mr. Bovet, who's the lawyer for Trump, yes, judge, I understand. Listen to the, now he talks, judge talks to, and Monash's Costello. Listen to the question and answer the question. And then the witness has not, having been told four times by a sitting judge that you are about to be found in contempt

and have your entire testimony stricken, that you're not to stare me down, you are not to roll your eyes, you're not to say geez, you're not to show any reaction to a ruling of mine, decides now is the right time to ask the judge a question. Can I say something, please? It's not even like a request, not even like, your honor, can I just be heard?

That's how you would, those who are following, that's how you'd put it. Can I be heard? Can I say something, please? The court says no, no, this is not a conversation. Okay. All right, can we bring the press back in please? The judge says, and the court officer is ready, your honor. Yes, please. Okay, the press is entering the room. Everybody comes in, same seats, everybody's sitting in the same seats. Let's get the jury back, jury entering. And then that's the direct conversation there about what happened. Let me play you a clip of Bob Costello, just so you know who this guy is, two weeks ago

in front of MAGA Congress testifying about this case. Let's roll that clip. Mr. Costello, in your opening statement, you said that in the over 50 years serving as a lawyer, you, quote, have never seen the types of politically motivated cases that have been brought in this presidential election season. These political cases are being used as a weapon of war to damage, defeat, or impede political adversaries and their allies.

Instead of political warfare, it is lawfare, a cancer upon our collective judicial system. I wanna begin with Alvin Bragg's weaponized sham trial in New York. Isn't it true that in Alvin Bragg's campaign for Manhattan DA, Bragg specifically ran on going after President Donald Trump? That is true. Isn't it true that Bragg's predecessor, Cy Vance, declined to prosecute President Trump? That is true.

And the FEC also did not prosecute President Trump? That is true. And the DOJ did not prosecute President Trump in this case. The DOJ referring to the U.S. attorney for the Southern District? Correct. Absolutely true. And one of the reasons the Southern District of New York turned down this case was because the supposed star witness, according to Alvin Bragg, Michael Cohen, was totally, quote,

unworthy of belief. Isn't that true? Without a doubt. This is the same Michael Cohen who pled guilty to seven counts in an indictment that had absolutely nothing to do with President Trump and actually predated the first time he met President Trump, correct? Absolutely true. And in fact, this is the same Michael Cohen

who perjured himself to Congress. Isn't that true? Yes. So things are not going well. I think the purpose of what they're trying to do is use Bob Costello because he testified or is about to testify that Michael Cohen at one point when the FBI was investigating Michael Cohen and Michael Cohen was very distraught even as it came out during testimony, even thinking about suicide, jumping from a hotel, the Lowes Hotel over on Park Avenue where he lived, jumping

from the building because he was so distraught. When Costello said to him, this is his testimony, well, if you just give it up on Donald Trump, then they'll go light on you. And he says, I don't have anything on Trump. This was all me. Because Michael Cohen at the time in 2018 is knee deep in the Trump cult. He wants to be in the Trump cult. He doesn't want to give up Donald Trump.

We know that. He went down with the ship. He went to jail for Donald Trump. The jury knows that. So to have Bob Costello get on the stand and say, at the time in 2018, Michael Cohen said he didn't know anything about Donald Trump, I don't think is very effective in front of this jury.

That's why they wanted him there. But this sideshow that has now broken out has infected the jury. The jury now knows that Bob Costello is being disrespectful to the judge and they don't like it. Juries bond during trials, especially long ones. They came in 12 independent New Yorkers. They are now a group called the jury doing their civic duty and they don't like judges being disrespected. And there was a number of

eye rollings about, and eye rollings are not good by the way, by a jury about a witness's testimony. I did a trial once where I knew the jury was in my favor and that the jury had been lost for the other side when an expert witness self-destructed, sort of like Bob Costello on the stand in front of this jury, and the person that I believe was the jury for person, right, who was holding a clipboard, writing all their notes, because he was a pilot in his day job,

literally closed his clipboard, stopped taking notes, rolled his eyes, and that was the end of it. And I said, oh, we're gonna win this trial. So that happens. And that's what's happening right now in the courtroom. But I wanted to bring, now that we have the full transcript, I wanted to bring it to you and explain to you who Bob Costello is.

We'll continue to follow the Trump trial right here on the Midas Touch Network and only on the Midas Touch Network and on Legal AF, Wednesdays and Saturdays at 8 p.m. Eastern time, podcast Legal AF and audio podcast platforms of your choice. So until my next hot take, until my next Legal AF, this is Michael Popak reporting. Heary, heary, Legal AF Law Breakdown is now in session.

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