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Judge Juan Merchan called out former President Donald Trump’s defense team during their motion for a mistrial Thursday afternoon, telling them there were many times they could have objected to Stormy Daniels’ testimony, but did not.
For the second time this week, Merchan expressed surprise that Trump’s lawyers had not objected more when Daniels was on the stand. And for the second time this week, Merchan rejected their motion for a mistrial.
Trump attorney Todd Blanche argued Daniels’ changed her story by suggesting that this “completely made-up encounter with President Trump may not have been consensual” and said the defense did not know those questions were coming, hearing them for the first time on Tuesday.
The judge responded to their arguments saying, “For some unexplained reason that I still don’t understand” there was no objection to certain testimony cited in the motion for a mistrial and again today.
Merchan specifically pointed to Daniels’ testimony about the trailer park, in which Daniels suggested Trump told her she would be stuck living in a trailer park before they had sex in 2006. The judge said he felt that was unnecessary and he objected himself.
Another example listed by Merchan was the testimony about Trump not wearing a condom. Merchan said he was surprised attorney Susan Necheles did not object.
“Why on earth she (Necheles) wouldn’t object to the mention of a condom I don’t understand,” Merchan said.
Daniels testified on Tuesday that Trump did not wear a condom when they had sex and described telling Trump during their conversation at the hotel dining room table her sexual partners during filming of her movies always wore a condom.
Merchan also referred back to the defense’s opening statement when Blanche denied there was ever a sexual encounter between Daniels and Trump. The judge said that assertion opened the door for the prosecution to make an effort to show her story was credible to prove their case, allowing them to ask more detailed questions about the encounter.
“The more specificity Ms. Daniels can provide about the encounter, the more the jury can weigh whether the encounter did occur and if so whether they choose to credit Ms. Daniels’ story,” Merchan said.
CNN’s Laura Dolan contributed to this report.
