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.
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 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.
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