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Judge scolded Trump for calling Stormy Daniels' salacious story 'bulls***' and porn star claimed she had a 'panic attack' during sex: What the jury didn't hear from wild testimony
Donald Trump made his fury clear as Stormy Daniels described the moment when she claimed to have spanked him with a rolled up magazine during a long-ago hotel encounter.
He shook his head and keen-eyed observers could see him say the word 'bulls***.'
Those observers included Judge Juan Merchan, who scolded Trump's lawyers soon after.
'I understand that your client is upset at this point, but he is cursing audibly, and he is shaking his head visually and that's contemptuous,' Merchan told them, during a 'sidebar' with prosecution and defense teams after the jury had left courtroom 1530 of Manhattan criminal court.
'It has the potential to intimidate the witness and the jury can see that.'
Former President Donald Trump leaving court on Tuesday. Earlier Judge Juan Merchan asked defense lawyer Todd Blanche (pictured behind his client) to warn him about his behavior
The official transcript reveals how Merchan called up both sets of lawyers to discuss Trump's behavior while the jury was out of the room. 'I won't tolerate that,' he said.
Tuesday was the biggest day of the trial so far. Jurors heard from the woman at the center of the case — a porn star paid $130,000 for her silence.
Trump denies 34 counts that he falsified business documents to hide the payment just before the 2016 election.
But if the nuts and bolts of the case are the invoices and checks that were paid to lawyer Michael Cohen for setting up the deal, the stardust that could convict or acquit Trump in the court of public opinion comes in the form of Daniels mercurial testimony.
The court heard how Trump met her in his Lake Tahoe hotel suite wearing pajamas, and later arranged himself on the bed in his underwear while she was using the bathroom.
It made for an explosive day as the defense sought to undermine her testimony as unreliable.
And there were more details kept from the jury, discussed only once they were out of earshot.
The official court transcript records the conversation between the judge and Todd Blanche, Trump's lead lawyer, just before the lunch break.
'You need to speak to him,' the judge said. 'I won't tolerate that.'
Judge Judge Merchan was forced to intervene just before lunch on Tuesday
Stormy Daniels pictured leaving the courthouse on Tuesday. She will return on Thursday
Tuesday was the biggest day of the trial so far, with Daniels describing how she met Trump during a celebrity golf event at Lake Tahoe in 2006
During her testimony, Daniels also said she had seen Trump at the launch of 'Trump Vodka.' She was pictured at the event at Les Deux, Los Angeles, in January 2007
He said he had called the sidebar to avoid embarrassing Trump in open court.
'One time I noticed when Ms. Daniels was testifying about rolling up the magazine, and presumably smacking your client, and after that point he shook his head and he looked down,' said Merchan, who has to walk a tightrope in dealing with the former president's antics.
'And, later, I think he was looking at you, Mr. Blanche, later when we were talking about The Apprentice, at that point he again uttered a vulgarity and looked at you this time. Please talk to him at the break.'
The day crackled with energy from the off. When Trump arrived he glared out at the ranks of press at the back of the courtroom, as if gauging the size of his audience.
And with a star witness waiting to take the stand, the judge called up both sides to try to set some ground rules for what would be a contentious day. Doing it out of jury earshot meant they could discuss controversial issues without planting ideas in jurors' minds that would prevent Trump getting a fair trial.
It began with the defense saying they were concerned that Daniels' would talk about her feelings.
The judge asked prosecutor Susan Hoffinger where she planned to go with the testimony.
Trump's son Eric and lawyer Alina Habba could be seen sitting in the front row behind Trump
'I think she's going to describe a little bit about how she felt at the time, because it corroborates what happened,' she replied.
'Look, I think her account of what happened on that day is the account that would have been told to the American people prior to the election had she not entered into the non-disclosure agreement.
'It's significant.'
Merchan asks for more information about what Daniels is likely to say.
'I mean, she's going to say, for example, at certain times she felt feelings leaving her hands and toes, that she felt that she was having a panic attack at one point.
She will describe that some details came back to her later after seeing a movie called Bombshell, for example, which I think will help to explain certain times about what she remembered and what she didn't remember.'
The 2019 movie tells the story of women at Fox News who accused chief executive Roger Ailes of sexual harassment.
Trump's lawyer Susan Necheles was unimpressed.
Susan Necheles led the defense cross-examination of Daniels. She is seen here sitting with Trump before the trial resumed on Tuesday morning
'Her story has changed over time. And if they go into this, we will have to go into how her story has changed.'
'This is all a fabrication.'
The judge said maybe those details will come out during the cross-examination.
Hoffinger asked whether that meant she could not elicit the information during the direct part of the testimony, when Daniels was questioned by the prosecution.
'She's going to say that she felt numb,' said Hoffinger. 'She didn't expect it to happen.'
Hoffinger said it would be an opportunity to 'draw out the sting' before the defense gets to it during cross-examination.
The defense then accused the prosecution of making it sound like rape.
'Well, we would not be going there if the prosecutor wasn't going there, so it's not drawing the sting out of — they are putting in very prejudicial material, and they are not drawing the sting out, they are essentially making this into rape, which is totally improper, that she felt threatened,' said Necheles.