Former President Trump’s hush money judge at a Tuesday sidebar conference warned him for “cursing audibly” while porn actor Stormy Daniels was testifying.
“I understand that your client is upset at this point, but he is cursing audibly, and he is shaking his head visually and that’s contemptuous. It has the potential to intimidate the witness and the jury can see that,” Judge Juan Merchan said during the brief sidebar, which took place just before the court’s morning break.
The judge had the conversation at his bench — out of the earshot of jurors and reporters — which he indicated was to avoid embarrassment to the former president. The conversation surfaced in the court’s official transcript.
“I will talk to him,” Trump attorney Todd Blanche responded to the judge.
“You need to speak to him. I won’t tolerate that,” Merchan replied.
Throughout much of Daniels’s testimony, Trump maintained a stony face that sometimes fell into a scowl. He frequently whispered to his attorneys, primarily Blanche and Emil Bove, and at points appeared to slip into a trance before turning his attention back to the witness stand.
His cursing, flagged by the judge, was largely inaudible to reporters in the gallery, though it’s unclear whether his remarks could be heard by jurors or Daniels herself.
Daniels took to the stand for her highly anticipated testimony Tuesday, telling the New York jury in detail about her story of having sex with Trump at a celebrity golf tournament in 2006. Trump denies any sexual encounter with her.
Trump’s lawyers took issue with the graphic details Daniels shared, and the testimony got so racy that the judge appeared exasperated as the day went on.
The former president is charged with 34 counts of falsifying business records over an alleged repayment scheme to his then-fixer, Michael Cohen, who had paid Daniels $130,000 to stay quiet about her story just before Trump’s 2016 election.
Trump pleaded not guilty and insists the records are truthful.
The porn actor will return to the stand on Thursday for continued cross-examination from Trump’s team.
Ella Lee contributed.
