Defense moves for mistrial over Daniels' testimony

mad_asshatter@lemmy.world to News@lemmy.world – 259 points – Defense moves for mistrial over Daniels' testimony
abcnews.go.com

Trump's defense team has moved for a mistrial over Stormy Daniels' testimony

"We move for a mistrial based on the testimony this morning," defense attorney Todd Blanche said following the lunch break.

"The guardrails by this witness answering questions by the government were just thrown to the side," Blanche said.

"There is no remedy that we can fashion ... to unring this bell," Blanche said about the impact of Daniels' testimony.

Blanche argued the prosecutors wanted to embarrass Trump and inflame the jury and was far afield from a case about falsification of business records.

"She talked about a consensual encounter with President Trump that she was trying to sell," Blanche said. "We heard a completely different story."

Blanche argued that the testimony regarding condoms, being "blacked out" and and the "power dynamic" prejudiced the jury.

"This has nothing to do with the reason why we're here," Blanche said. "How can you un-ring a bell?"

The prosecution pushed back.

"Her account completes the narrative that precipitated the falsification of business records," Hoffinger said. "It is precisely what the defendant did not want to become public."

73

Motion denied

I have a feeling he doesn't have the best lawyers representing him.

"I was surprised that there were not more objections," from the defense team he added. "At one point, the court ... objected, because there was no objection coming from the defense."

Either they are bad lawyers or they were strategically withholding their objections in order to file the mistrial motion. I fully expect this to be brought up again in an appeal, assuming Trump loses the case.

Convicted defendents in New York stay in prison during the appeal process. But of course we wont see that fucking happen because money reasons.

Can they file for a miss trail on the grounds that they themselves didn't do the thing that's expected of them in the time it was expected for them to do it.

Surely a lawyer can't deliberately do a bad job, and then file for a mistrial.

As far as I'm aware nothing will stop them from trying to do that. It's up to the judge (or judges if it goes to an appeal) to decide whether their argument makes sense. While I'd hope that a competent judge will see their shenanigans for what it is, I have no doubt that someone has made that strategy work at some point.

To be clear, I'm not a lawyer, so naturally don't take my word for it.

That's exactly what they were aiming for. It was their hail Mary because they know they don't have an actual defense

Yes, but also in their defense they don't have the best client. It's like they deserve each other.

I've been following this trial very closely. Trump is the problem. He demands that his lawyers challenge everything very aggressively. He is enraged if his counsel accepts even trivial facts that make no difference either way. The bigger question is why they put up with his tantrums.

Money, probably...

He's not gonna pay. He'll say he lost so why pay. He's got almost 500 million on bond for business fraud, 5 million for rape of Ms. Carroll, I think I'm missing another big one, and he's freaking out at donors for not giving enough.

He's got no field offices set up and only really doing campaign rallies, if you don't count the desperate emails begging for donations. The only thing keeping his "campaign" going right now is the cult.

He's been having to pay up front since he lost White House counsel.

Don't you think his lawyers insisted on a large retainer up front? They all know his finances.

There have been loads of people who knew he doesn't pay and still thought they'd be the exception.

He's literally having to pay up front. Kise got a $5M retainer.

Blanche was actually a pretty respected prosecutor turned defense attorney, its surprising he took the case unless he wanted to get out of law and this was his swansong before transitioning to some sweet talkinghead gig or other well-paid right-wing political operative role

Blanche used to be a respected lawyer. I hope the payday was enough to pay for the reputational damage he's taking.

Yeah historically they like being paid and really aren’t jumping at the chance to do polarizing work for free

I was gonna say, that's hilarious but nah. I think that's what the judge thinks as well.

Legally speaking that's some bullshit.

Saving us clicks : many thanks :)

"I don't believe we are at the point where a mistrial is warranted," Merchan said.

Objection!

On what grounds?

It's devastating to my case!

"Your Honor! How can my client possibly get a fair trial after the jury has heard what he did? This bell can not be unrung!"

--Trump's Laywers, probably

I'm not a lawyer, so interested in learning...

Isn't this what the purpose of objecting is? If the defense fails to object while it's happening... Isn't that kinda on them?

Yes. The judge pointed it out to them:

"I was surprised that there were not more objections" from the defense team, the judge added.

"At one point, the court ... objected, because there was no objection coming from the defense," he said

Because this was their plan all along.

Edit: request already rejected, but I’m sure they’ll mention it on appeal.

That's fine.

Convicts in New York start their sentence during the criminal appeal process.

If you object and stop it you can't ask for a mistrial.

IANAL but if you don't object you still can't ask for a mistrial unless you argue that the defense given by the lawyers was literally incompetent, and I'm far from an expert but i think that's a pretty hard bar to reach. Especially if pre-trial they would put that lawyer on the stand and ask why they didn't object during the testimony but only complained after the testimony, and i can't imagine any valid argument that would be accepted by a court.

Bottom line, I'm not an expert at all, but if they purposely didn't object so that they could ask for a mistrial, I'm pretty sure that won't work at all

I agree with you, but that's exactly what they did. As others like to point out the only play he has to get away with his alleged activities is to delay until after the election, if he wins then his legal problems magically all go away or he loses and we find out if he stays to finish any legal battle or he goes the route of Edward Snowdon.

But the defendent is in prison during the appeal. Not sure they thought that through.

Yes. Mistrial is only even something irreversible happens and the trial became unfair. If you didn't call bullshit at the time, you are not allowed to complain about everything later. And because you didn't object, there's also no preserved issue for appeal.

Btw I think the judge would be able to base their opinion in latches. But I might be wrong.

That’s a good point, I remember a challenge to voir dire only happened when a defendant insisted his attorney object during selection.

13 more...

Trump lawyer: I move for a bad court thingy.

Judge: You mean a mistrial?

Trump lawyer: Yeah. That's why you're the judge and I'm the law talking guy.

Judge: The lawyer.

Trump lawyer: Right.

"Your Honor, I move that I be disbarred for introducing this evidence against my own clients. "

Interesting. Harvey Weinstein's conviction in New York was thrown out over something like that. He is likely to be retried there though, and his California conviction still stands.

In Weinstein's case the prosecution brought in testimony from women who weren't part of the charges that were actually being tried, though, which is a pretty big difference from what happened here. Clifford is kind of central to this case.