Judge denies motion for a mistrial in Donald Trump hush money case after defense lawyers claim Stormy Daniels' 'spanking' testimony and no condom claim were 'prejudicial'

Judge Juan Merchan gave a brutal dressing down of Donald Trump's defense lawyers in front of the former president as he denied their motion for a mistrial in the hush money case Thursday afternoon. 

It was the second motion for a mistrial from the defense this week after scandalous testimony from porn star Stormy Daniels about her alleged sexual encounter with Trump. 

In his call for a mistrial, lawyer Todd Blanche called Stormy Daniels' testimony ‘extraordinarily prejudicial' and noted that even the judge had agreed some of the testimony was 'unnecessary.'

'It almost defies belief that we’re here about a records case and the government is asking about an incident that happened in 2006,' Blanche argued referring to Daniels' testimony on Tuesday about rolling up a magazine and spanking Trump with it nearly 20 years ago.

Donald Trump speaking after court on Thursday, May 9, with his lawyer Todd Blanche

Stormy Daniels departing the Manhattan criminal court after her second day of testimony

A sketch of Judge Juan Merchan in court on May 9 watching Susan Necheles cross-examine Stormy Daniels

Blanche also said that prosecutors asking Daniels about the porn company where she worked requiring condoms for all of its performers, and Daniels testifying that Trump did not wear a condom during their encounter was 'a dog whistle for rape.'

Prosecutor Joshua Steinglass rejected the argument that Daniels had changed her story, claiming it was well documented. He also argued the defense had a chance to probe for inconsistencies with their cross-examination by lawyer Susan Necheles. 

Steinglass maintained that details of Daniels' testimony were essential for the jury to analyze her credibility.

Stormy Daniels with her lawyer in the witness room. She testified for two days in the Trump hush money case

Judge Merchan tore into the defense lawyers while delivering his decision to deny the motion for a mistrial. 

He said he had gone back through the testimony transcript and made sure no one had violated his guidelines for questioning the witness. He said he was satisfied with his review but he did not stop there.

Merchan pointed out that Blanche had denied there had ever been a sexual encounter between Trump and Daniels in his opening statement, and by bringing it up, Blanche had put the jury in position to have to choose who they would believe.

The judge basically blamed the defense, saying the more Daniels could provide specific details about the encounter, the more the jury could weigh whether to give her credit.

Merchan agreed some of the details of the testimony by Daniels did not need to come out and specifically referenced her claim Trump did not wear a condom, but he slammed Trump's lawyers for not objecting.

'Why on earth she wouldn't object to the mention of a condom, I don’t understand,' Merchan said of Necheles. 

Donald Trump with his lawyer Susan Necheles returning from a break at the courthouse

Susan Necheles cross-examining Stormy Daniels on the witness stand on May 9

Sketch of Trump looking on as Necheles cross-examines Daniels

Before denying the mistrial motion, Merchan also rejected the defense's motion for the gag order to be modified. 

Blanche had argued against the gag order in light of Daniels' testimony stating Trump 'needs an opportunity to respond to the American people.' He noted Daniels was no longer a witness.

But prosecutor Chris Conroy argued that modifying the gag order mid-trial would signal to future witnesses that they could 'be at risk as well.'

Merchan dismissed the gag order request that Trump be allowed to talk about Daniels. 

‘My concern is not just protecting Ms. Daniels,' the judge said. 'My concern is protecting the integrity of these proceedings as a whole.'

He pointed out that everyone sees what happens and would see how witnesses who have testified 'are going to be treated.'

'I can’t take your word for it that this is not going to be an attack. That’s just not the track record,' Merchan told Blanche. He said Trump's track record 'speaks for itself.'

Merchan said the reason why there was a gag order preventing Trump from speaking about witnesses in the case to begin with was 'because of the nature of these attacks, the vitriol.'

He said there were real, very threatening attacks on potential witnesses. 

The judge noted there were other people on Trump's team who were allowed to speak publicly on the ex-president's behalf.