Stormy Daniels and Donald Trump. (Getty Images)
Meanwhile, Blanche was referring to salacious and sexually explicit questions asked of Daniels during questioning by the prosecution, stressing that the questions had nothing to do with the alleged falsification of business records--which are the only charges Trump is facing,
Prosecutor Josh Steinglass defended Daniels and her testimony, saying that it "is not a change of story."
"They’re trying to have their cake and eat it too," Steinglass said.
Merchan explained that at each trial, evidence comes in different ways.
Merchan reminded Blanche that during his opening argument, he denied Trump had a sexual encounter with Stormy Daniels.
"Your denial puts the jury in a position to decide who to believe," Merchan said, and added that the defense could have objected many times during Daniels' testimony, "but didn't."
With regard to one explicit detail, Merchan said he agreed that "shouldn’t have come out…but for the life of me, I don’t know why Ms. Necheles didn’t object."
Former U.S. President Donald Trump watches as Stormy Daniels is questioned by defense attorney Susan Necheles during Trump's criminal trial on charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York City, U.S., May 9, 2024 in this courtroom sketch. (REUTERS/Jane Rosenberg)
"Your client’s track record speaks for itself," Merchan said to Blanche.
Merchan, though, said he would be mindful of witnesses using the gag order imposed upon Trump as a shield.
Merchan imposed a gag order on the former president, an order he has ruled Trump to have violated at least 10 times. He has fined Trump $10,000 so far, and warned of jail time for further violations.
"The last thing I want to consider is jail," Merchan said Monday. "You are [the] former president and possibly the next president."
Trump has pleaded not guilty to 34 counts of falsifying business records in the first degree. The charges stem from a years-long investigation by the Manhattan District Attorney’s Office.
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The charges are related to alleged payments made ahead of the 2016 presidential election to silence Daniels about an alleged 2006 extramarital affair with Trump.
Manhattan District Attorney Alvin Bragg must convince the jury that, not only did Trump falsify business records related to alleged hush money payments, he did so in furtherance of another crime — conspiracy to promote or prevent election, which would be a felony.
On their own, falsifying business records and conspiracy to promote or prevent election are misdemeanor charges.
Brooke Singman is a political correspondent and reporter for Fox News Digital, Fox News Channel and FOX Business.
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