Topline
Attorney Robert Costello continued his testimony Tuesday at former President Donald Trump’s criminal trial, as he seeks to discredit ex-attorney Michael Cohen’s testimony about a hush money payment to adult film star Stormy Daniels—but his testimony Monday was overshadowed by Judge Juan Merchan admonishing him on the stand.
Judge Juan Merchan, left, castigates witness Robert Costello about his "decorum" in the courtroom in ... [+]
Key Facts
Costello is a longtime attorney and former federal prosecutor, best known for serving as Rudy Giuliani’s personal attorney on such matters as the House January 6 Committee’s investigation and the 2020 election criminal investigations by Justice Department Special Counsel Jack Smith and Fulton County District Attorney Fani Willis.
According to Cohen’s testimony, Costello approached Cohen after news of the ex-attorney’s $130,000 payment to Daniels became public in 2018 and the government started investigating Cohen, offering to represent him and use his ties to Giuliani—who represented Trump at the time—to serve as a backchannel to communicate with the then-president.
Costello did some legal work for Cohen at the time, but Cohen testified he never told Costello the full truth about the hush money payment—namely, that Trump was allegedly aware of the scheme—because he did not fully trust Costello.
Costello hit back at Cohen in testimony to a GOP-led congressional committee last week ahead of his trial appearance, where he claimed Cohen lied under oath during his testimony and recounted a 2018 meeting he had with the then-attorney in which, Costello claimed, Cohen was “absolutely manic.”
Costello first took the stand on Monday, where he continued to testify that Cohen told him “numerous times” Trump “knew nothing about those payments, that he did this on his own,” as quoted by The New York Times.
The attorney repeatedly rolled his eyes and gave Merchan what the judge described as “side eye” while on the stand—at one point remarking, “Jeez,” in response to the judge—which led Merchan to publicly assail the witness’ “decorum” before clearing the courtroom and privately telling Costello his behavior was contemptuous and threatening to remove him from the stand.
Key Background
Costello previously served as an assistant U.S. attorney at the Southern District of New York and has worked in private practice for more than 30 years, according to his LinkedIn page. A graduate of Fordham University School of Law, Costello currently works as a partner at the law firm Davidoff Hutcher & Citron LLP. Besides Giuliani, he’s done work for clients including former New York Yankees owner George Steinbrenner, former Yankees manager Gene Michael, businesswoman Leona Helmsley and former drug program agents who filed an employment lawsuit against the National Football League.
Surprising Fact
After serving as his longtime attorney, Costello sued Giuliani in September for $1.36 million in unpaid legal fees, as the former New York City mayor faced significant financial issues that ultimately led him to declare bankruptcy. Giuliani said at the time that he “can’t express how personally hurt I am by what Bob Costello has done,” claiming Costello’s “bill is way in excess to anything approaching legitimate fees.”
What To Watch For
Costello could be the defense’s final witness, as a planned expert witness said Tuesday he would not testify after all, and it remains up in the air—but unlikely—whether Trump will testify in his own defense. The case is set to go to the jury next week, as Merchan said Monday that closing arguments will take place on May 28.
News Peg
Trump faces 34 felony charges of falsification of business records based on reimbursement checks he paid to Cohen in 2017 to pay back the Daniels payment. He has pleaded not guilty to the charges against him. Cohen served as the trial’s central witness and testified for four days about how Trump was allegedly aware of the hush money payment to Daniels and the scheme to reimburse Cohen, though he told Costello at the time Trump had no involvement. After the news of Cohen’s payment to Daniels broke in 2018, Cohen initially stayed loyal to Trump and publicly claimed he paid Daniels of his own volition, but later “flipped” on the ex-president later that year when he pleaded guilty to various charges, including campaign finance crimes stemming from the Daniels payment. Cohen has gone on to become one of Trump’s harshest critics, and Trump’s lawyers have sought to discredit his testimony and assail his character throughout the trial.
