Judge Merchan to Robert Costello: "Are you staring me down?" (2024)

Judge Juan Merchan has asked to "take a minute" and told the jury to step out.

"Mr. Costello you're to remain seated," the judge told witness in a raised voice.

After another sustained objection, witness Robert Costello rolled his eyes and let out an audible sigh side, glancing at Merchan.

"I want to discuss proper decorum in my courtroom," the judge says.

Merchan also said, "You don't give me a side eye and you don't roll your eyes."

"When there’s a witness on the stand, if you don’t like my ruling, you don’t say 'jeez,' you don’t say strike it," Merchan says.

Then Costello held a long glare at the judge.

Then Merchan said "clear the courtroom."

The jury is seeing an email brought up earlier during Michael Cohen's testimony.

Robert Costello testifies that Cohen asked him to reach out to Rudy Giuliani on his behalf about the issue.

"He told me I was authorized to tell Giuliani that my firm was quote 'on the team.' That’s the phrase he used, but that he wasn’t going to announce it publicly," Costello says.

There is another objection to a defense question for Robert Costello, which is sustained by Judge Juan Merchan.

There is a big audible laugh in the court's overflow room to Costello's exclamation.

Trump attorney Emil Bove resumes his questioning of the one-time legal adviser to Michael Cohen.

There is no further discussion of the comment.

Roberto Costello testified, "Michael Cohen said numerous times that President Trump knew nothing about those payments. That he did this on his own. He repeated that numerous times."

"Was Rudy Giuliani discussed at this meeting?" Trump attorney Emil Bove asked.

Merchan then overruled an objection from Prosecutor Susan Hoffinger.

Costello said his name came up "very briefly."

Remember: During Cohen's testimony earlier in the trial, he said he repeatedly denied Trump's involvement in the payments to protect the former president.

Donald Trump's attorney Emil Bove asks what Michael Cohen said about Trump's family at the meeting at the Regency Hotel on April 17, 2018.

Judge Juan Merchan sustains an objection from prosecutor Susan Hoffinger, one of several he's already sustained.

Merchan tells the lawyers to approach the bench.

"Ridiculous," Costello says on the mic while attorneys are at a sidebar with the judge.

Robert Costello is testifying about meeting with Michael Cohen in April 2018 and explaining to him that his legal issues would be resolved if "he had truthful information on Donald Trump and cooperated with the Southern District of New York."

Costello said at the meeting, Cohen told him, "I really want you to explain to me what my options are ‘What’s my escape route.’ That’s the phrase he used.”

Costello went on to say that Cohen said 10-12 times during the meeting, "I swear to God, Bob, I don’t have anything on Donald Trump."

Robert Costello says he met Michael Cohen at the Regency Hotel on April 17, 2018.

Costello says he was accompanied by Jeffrey Citron, one of his partners, at the meeting.

Cohen was "absolutely manic" throughout the two-hour meeting, Costello says.

"He kept on pacing back and forth, left and right," Costello says, while he and his law partner were seated.

Robert Costello was just sworn in.

He did not look at Trump's table when he walked to the witness stand.