See Explosive Battle Over Trump Lawyer’s ‘Outrageous’ Plea To Keep Trump Out of Prison

Steven Hirsch/New York Post via AP, Pool

There were fireworks in court after ex-President Donald Trump’s lawyer made an “outrageous” plea to the jury, as Judge Juan Merchan battled Todd Blanche over the infraction.

Tuesday saw the beginning and conclusion of lengthy closing arguments in the Stormy Daniels hush money-election interference trial — including a widely reported conflict over an exchange that ended with the judge going off on Blanche in court.

A trial transcript obtained by Mediaite tells the full story of that dramatic confrontation, which is having an impact on the jury’s final instructions.

It all began with this exchange at the end of Blanche’s closing:

MR. BLANCHE: You cannot — you cannot send somebody to prison, you cannot convict somebody —

MR. STEINGLASS: Objection.

THE COURT: Sustained.

MR. BLANCHE: You cannot convict somebody based upon the words of Michael Cohen.

That led the prosecutor, Joshua Steinglass, to make a motion once the jury left the courtroom:

THE COURT: You may be seated. Is there anything either side wants to say for the record?

MR. STEINGLASS: Well, first of all, we would like a curative instruction for that ridiculous comment that Mr. Blanche made at the end of his summation about sending the defendant to prison. There is no requirement of prison.

Punishment is something that’s explicitly — that the jurors are told not to consider.

And that was a blatant and wholly inappropriate effort to cull sympathy for their client.

So we would like a curative instruction before the summations start.

Steinglass made a second motion over an issue about retainer agreements.

The defense responded only to the retainer issue, so the judge prompted Blanche to speak on the prison issue:

THE COURT: Let me hear your comment about prison.

MR. BLANCHE: Pardon?

THE COURT: Let me hear you about your comment about prison?

MR. BLANCHE: I mean, your Honor, there is already an instruction that you are going to give as part of the charge on that.

And so, we don’t think that there needs to be a curative instruction.

THE COURT: I’m going to give a curative instruction.

I think that saying that was outrageous, Mr. Blanche —

Please have a seat. — for someone who has been a Prosecutor as long as you have, and a defense attorney as long as you have, you know that making a comment like that is highly inappropriate.

It’s simply not allowed. Period.

It’s hard for me to imagine how that was accidental in any way.

I will give a curative instruction. I will ask the People to draft one up, and I will give it. See you at 2:00.

MR. STEINGLASS: Thank you.

(Luncheon recess taken.)

After lunch, there was more discussion, and the judge made his decision:

THE COURT: People, do you have a draft of the proposed instruction?

MS. HOFFINGER: Yes, your Honor. We do. Judge, if I may just mention, not only was Mr. Blanche’s comment highly improper to a jury to suggest that they not send the defendant to prison, but your Honor specifically precluded any argument by the Defense about potential punishment in your Honor’s decision in response to the People’s motion in limine. That’s your decision on March 18th of 2024. So, Mr. Blanche was certainly on notice that this was an improper argument. And your Honor specifically precluded it. …

THE COURT: Thank you. Did you give a copy of the proposed instructions to the Defense?

MS. HOFFINGER: Yes, I did.

THE COURT: Both instructions?

MS. HOFFINGER: Yes, your Honor.

THE COURT: Would you like to be heard?

MR. BLANCHE: Your Honor, the proposed curative instruction is fine with us, your Honor. We have no objection to that. …

THE COURT: All right. I have reviewed both of your proposed instructions. The Defense does not object to the proposed instruction regarding the sentence or punishment, therefore, I will give it exactly as it’s written.

The judge declined to issue an instruction on the other issue because “for that instruction to come from the bench to the jury would simply call more attention to it than it’s worth so I’m not going to do it at this time.”

Before the prosecution’s closing, Judge Merchan instructed the jury:

THE COURT: Jurors, before we hear the People’s summation, there is an instruction that I wanted to give you.

During the Defense summation, you heard Mr. Blanche asking, in substance, that you not send the defendant to prison.

That comment was improper, and you must disregard it.

In your deliberations you may not discuss, consider, or even speculate about matters relating to sentence or punishment.

If there is a verdict of guilty, it will be my responsibility to impose an appropriate sentence.

A prison sentence is not required for the charges in this case in the event of a guilty verdict.

The case has now gone to the jury after lengthy instructions Wednesday morning.

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