Trump trial: Stormy Daniels tells (almost) all about alleged encounter with Trump

With the judge's permission and the defense's consent, prosecutor Susan Hoffinger stepped out to confer with Stormy Daniels before she was to retake the witness stand.

The judge said Hoffinger would remind Daniels to "stay focused" and make sure she "does not provide any unnecessary narrative."

Trump stared forward as Daniels reentered the courtroom. Only after she turned toward the witness stand -- passing the defense table where the former president sits -- did Trump glance at Daniels.

"Good afternoon Miss Daniels, I remind you that you're still under oath," Judge Merchan said as she retook the stand.

"As a threshold matter, Mr. Blanche, I agree that there are some things that would be better left unsaid," Judge Merchan told defense attorney Todd Blanche in denying the defense's motion for a mistrial based on Stormy Daniels' testimony.

"The witness was a little difficult to control. Having said that, I do think there were guardrails in place ... certain details that I don't think we needed to get into," the judge said.

"Whether these are new stories or not new stories, the remedy is on cross-examination. So I'm going to deny your motion for a mistrial at this time," Merchan said.

"I was surprised that there were not more objections" from the defense team, the judge added.

"At one point, the court ... objected, because there was no objection coming from the defense," he said.

Prosecutor Susan Hoffinger pushed back on the defense's request for a mistrial, arguing Daniels' testimony was consistent and permissible.

"This story -- her account -- is highly probative of the defendant's intent," she said. "This is not new. This is not a new account."

"They opened the door to this," she said. Her testimony was necessary for prosecutors "to rehabilitate credibility where they attacked it" in their opening statement.

Hoffinger defended her direct examination, telling Merchan she dialed back the testimony at his request.

"We were extremely mindful of not eliciting too much testimony about the actual act," Hoffinger said.

Blanche fired back, telling Merchan that the testimony from Daniels was a harmful distraction.

"I don't think anybody can listen to what that witness said and think it had anything to do with the charged conduct," he said. "You run a very high risk of the jury not being able to focus on the evidence that really does matter."

"I don't believe we are at the point where a mistrial is warranted," Merchan said.

Trump's defense team has moved for a mistrial over Stormy Daniels' testimony

"We move for a mistrial based on the testimony this morning," defense attorney Todd Blanche said following the lunch break.

"The guardrails by this witness answering questions by the government were just thrown to the side," Blanche said.

"There is no remedy that we can fashion ... to unring this bell," Blanche said about the impact of Daniels' testimony.

Blanche argued the prosecutors wanted to embarrass Trump and inflame the jury and was far afield from a case about falsification of business records.

"She talked about a consensual encounter with President Trump that she was trying to sell," Blanche said. "We heard a completely different story."

Blanche argued that the testimony regarding condoms, being "blacked out" and and the "power dynamic" prejudiced the jury.

"This has nothing to do with the reason why we're here," Blanche said. "How can you un-ring a bell?"

The prosecution pushed back.

"Her account completes the narrative that precipitated the falsification of business records," Hoffinger said. "It is precisely what the defendant did not want to become public."