Prosecutor Chris Conroy, during the discussion about the exception to the gag order, noted a time when Stormy Daniels’ home address was displayed accidentally on a screen during her testimony. “You could see the fear in her eyes.”
As Conroy is speaking, Trump is writing a note on a Post-it.
He passed it to Blanche when he finished.
Prosecutor Chris Conroy says there have been “very real consequences for witnesses.” He said there have been custodial witnesses who’ve expressed fear about their safety.
“The fact that witnesses are brave enough to come in here under subpoena … shouldn’t expose them to this defendant’s barrage of threats that will put them and potentially their families in danger,” Conroy says.
Modifying the gag order mid-trial would “signal to future witnesses that they could be at risk as well,” he argues.
Prosecutor Chris Conroy is citing Trump’s own words from his book shown in court earlier today that Trump believes in intimidating enemies.
“When you are wronged go after those people because it is a good feeling and because other people will see you doing it. Getting even is not always a personal thing. It’s just part of doing business.”
Trump attorney Todd Blanche responds to the prosecution’s argument about the gag order exception by saying “everything you’ve just heard is different in kind from our request.”
“You have Ms. Daniels, who came in yesterday and today and was allowed to talk about a completely different version of events,” Blanche argues.
Judge Juan Merchan stops him and asks what he’s specifically referring to.
Blanche reads Daniels’ testimony about the room spinning when she was with Trump in his hotel room.
“Help me understand how that’s an alternate set of facts,” Merchan says.
“One is about consent and one is not,” Blanche says.
"I don’t see what you’re referring to as a new set of facts, as a new theory of the case,” Merchan says, addressing the gag order.
Judge Juan Merchan appears to be pushing back on the Trump team’s argument in favor of the former president being allowed to speak publicly about Stormy Daniels’ testimony.
“My concern is not just the protection of Ms. Daniels, or a witness who has already testified,” Merchan says. “My concern is protecting the integrity of the proceedings.”
The judge said witnesses who have not yet testified would watch Trump’s comments about Daniels if they were permitted, and that could influence their own testimony.
Judge Juan Merchan denies the defense’s motion to modify the gag order so Trump can talk about Stormy Daniels.
After the judge denied the motion to modify the gag order, we are moving to the defense’s mistrial motion.
Todd Blanche renews Donald Trump’s motion for a mistrial saying now that the jury has heard Stormy Daniels’ testimony there’s no way this trial should go forward.