Judge Rebukes Trump's Lawyer Over Rehashed Cohen Argument, Leaving Trump Fuming
Defense attorney Emil Bove argued that the former president was acting on the advice of Michael Cohen, his lawyer, while negotiating the agreement to silence Stormy Daniels before the election.
This argument, if accepted, would allow the defense to claim to the jury that Trump relied on legal counsel's advice.
The exchange occurred during a tense hearing where Judge Merchan was determining the jury instructions for the 12 members who will decide Trump's fate.
In a win for Trump, Merchan agreed to instruct the panel to treat Trump fairly during their deliberations.
This instruction deviated from the standard language typically used, representing a concession to the defense.
However, another tense exchange took place in the courtroom before the trial was adjourned until next Tuesday, when closing arguments will commence.
Bove attempted to argue that Trump could infer the hush money deal with the porn star was 'legally vetted' when Cohen assured the then-Republican nominee it was 'bulletproof'.
He further claimed that National Enquirer publisher David Pecker's testimony, which mentioned consulting a lawyer during the hush money discussions, 'opened the door' for revisiting this argument.
However, a frustrated Judge Merchan dismissed Bove's argument, reminding him that he had already ruled against this strategy.
When Bove tried to stand up, Merchan interjected, saying, 'Don’t get up. I let you speak, now let me speak.' Merchan expressed concern about the lack of notice in response to his February 7th order.
'It is concerning when the term was changed to presence of counsel. I couldn't believe when I saw it again.
'I’m telling you my ruling is the jury will not hear that instruction from the bench nor are you permitted to make that argument. Period.'
Bove hit back by insisting he wasn't being disingenuous and didn't change the 'substance' of the argument the defense was trying to make.
'You've said that already Mr Bove,' Merchan said.
'But then you called me disingenuous,' Bove said.
Merchan then stopped Bove in his tracks by saying: 'This is an argument you've been advancing for many many months It’s denied. It’s not going to happen. Please don't’ raise it
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