Assistant District Attorney Joshua Steinglass heavily pushed back on defense attorney Todd Blanche's motion for a mistrial based on Stormy Daniels' detailed and explicit testimony.

"It has always been the people's contention that the details in this case -- details of the two-hour conversation that Ms. Daniels had with the defendant in the living room and the dinner room of his hotel room in Harrah's -- corroborate her account," Steinglass said.

"They corroborate that the sex happened, which is motivation to silence her," he said.

Steinglass argued that defense lawyers cannot attack Daniels' credibility in their opening statement, then move for a mistrial after the state thoroughly questioned Daniels to develop her credibility with the jury.

"They're trying to have their cake and eat it too," Steinglass said.

Steinglass also argued that the condom testimony was permissible because Trump, according to Daniels, asked her a series of questions about protection and STDs in the adult film industry during their conversation in Trump's suite.

"Mr. Trump asked a lot of questions about the testing in the adult film industry," Steinglass said. "The reason that is relevant is because it explains his decision not to wear a condom."

"You know who knew what happened in that room? Mr. Trump knew," Steinglass said. "That was Mr. Trump's motive to silence this woman in 2016."

Trump has been sitting with his arms crossed, staring at Merchan, during the hearing.

In the defense's motion for a mistrial, defense attorney Todd Blanche argued that prosecutors went too far with their questions during Stormy Daniels' direct examination.

"What proceeded to happen was a whole host of questions that went way beyond the mere fact that it happened," Blanche said.

"It almost defies belief we are here about a records case," Blanche said. "This is not a case about sex."

"The nondisclosure agreement was entered. Whether it happened or not has nothing to do with the charges in this case," he argued.

Blanche specifically argued that Daniels' testimony about Trump not using a condom during the alleged encounter was prejudicial to the jury.

"It's a dog whistle for rape," Blanche said.

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.

Defense attorney Susan Necheles turned the topic of her cross-examination to Stormy Daniels' recent social media posts related to the trial.

Jurors saw a March 2024 post on X where Daniels said she was the "best person to flush the orange turd down."

Pressed by Necheles, Daniels initially refused to confirm if she was referring to Donald Trump in that post.

The questioning turned combative and Daniels appeared to get defensive.

"If they want to make fun of me, I can make fun of them," Daniels said.

Daniels later relented, telling Necheles that she referenced Trump in the tweet.

"I absolutely meant Donald Trump," Daniels admitted.