Trump trial: Judge rebukes Michael Cohen ahead of expected testimony Monday

Judge Merchan, after hearing arguments from the defense, declined to modify the limited gag order so Trump could respond publicly to Stormy Daniels' testimony.

"I don't see what you're referring to as a new set of facts," the judge told the defense.

"My concern is not just with protecting Ms. Daniels or a witness who just testified," the judge said. "My concern is protecting these proceedings as a whole."

In making his ruling, Merchan quoted Trump's words from an excerpt of Trump's book that the jury saw today: "When you are wronged, go after those people because it is a good feeling and because other people will see you doing it."

The judge said that other witnesses would see how Trump treats Daniels if he modifies the gag order.

Judge Juan Merchand, preparing to hear the defense's request to limit the expected testimony of Karen McDougle, who was paid by the National Enquirer to suppress her claim of a year-long affair with Trump, was told that the motion is no longer necessary.

"The people informed me they no longer intend to call Ms. McDougal," defense attorney Tood Blanche said.

Blanche then argued to Judge Merchan that Trump should be able to respond to Stormy Daniels' testimony, seeking to an exception to the limited gag order that prohibits Trump from targeting witnesses and jurors.

Blanche asked that Trump be "allowed to respond publicly to what happened in court the past day and a half."

"He needs an opportunity to respond to the American people," Blanche said.

Because Daniels is off the witness stand, Blanche argued that Trump's comments about her testimony would not impact the proceedings.

Assistant District Attorney Chris Conroy opposed the request to loosen the gag order.

"It seems as if the other side lives in an almost alternate reality. There is a proceeding here that this order is designed to protect," Conroy said, adding that the appropriate place to respond to testimony is in the courtroom.

"We have seen the fear in some of these witnesses," Conroy added, citing Westerhout's reaction when her personal information appeared on some exhibits. He added that a recent custodial witness had concerns for their safety.

According to Conroy, the fear was Trump's "doing."

Conroy argued that the gag order should protect witnesses before, during, and after their testimony.

On cross-examination by defense attorney Susan Necheles, Trump White House aide Madeleine Westerhout sang Trump's praises.

"You thought he was a great person to work for?" Necheles asked.

"Yes," Westerhout said, telling jurors that Trump was a great president.

Westerhout previously testified that she found Trump's relationship with his wife Melania Trump "special," and described their dynamic in glowing terms.

"He was my boss, but she was definitely the one in charge," she said. "I just remember thinking that their relationship was really special. They laughed a lot when she came into the Oval Office."

Necheles sought to pull this thread, asking Westerhout about how they engaged with one another at the White House.

"There were times when I could tell [Trump] was on the phone with Mrs. Trump, and he would say 'Honey ... come to the window,' and they would kind of wave to each other," from the residence, Westerhout said.

Westerhout then stepped off the stand so Judge Juan Merchan could hear the three motions the defense has asked to bring. The judge dismissed the jury in preparation for hearing the motions.

Westerhout's testimony is scheduled to resume tomorrow.

"I am very regretful of my youthful indiscretion," Trump White House aide Madeleine Westerhout said, explaining that she left the White House after sharing information with reporters at an off-the-record dinner.

Trump appeared to confer with Blanche as Westerhout began to cry.

Fighting back tears, Westerhout said she has "grown a lot since then."

She spoke through tears and choked up as she told the jury about why she wrote her book about her time in the White House.

"I don't think he was treated fairly and I wanted to tell that story," Westerhout said of Trump.