Live updates: Stormy Daniels testifies in Donald Trump hush money trial

“There were many times, not once or times, where Ms Necheles could have objected and didn’t,” says Judge Merchan.

“For some unexplained reason, which I don’t understand, there was no objection to material [or] mention of the condom … I agree, that shouldn’t have come out. I wish that didn’t come out … For the life of me I don’t know what she didn’t object.”

He also mentions that Daniels had backtracked immediately when the way her words came out made it sound like she might’ve been drunk or under the influence, yet Necheles kept bringing it up, drilling it into the jury’s ears.

Steinglass wraps up and Todd Blanche rises.

“What is it Mr Blanche?” Judge Merchan says.

“Very briefly. Very briefly.”

He says what the prosecution said is “not true,” and that Karen McDougal was a witness. Merchan cuts him off.

“I’m not gonna get bogged down on that … That has nothing to do with this motion on a mistrial.”

“I’m making you the ruling. I decide.”

Steinglass mentions that they never had plans to call McDougal, she was just on the witness list.

Blanche holds his arm out and looks at the judge and then at fellow defense attorney Emil Bove as if asking, “are you serious?”

Bove smiles and shakes his head.

The defense is “basically trying to have their cake and eat it too,” Steinglass says.

They’re trying to discredit her while blocking prosecutors from being able to corroborate any of the details of her claims, he says.

“The details are essential to give the jury the tools they need to analyze her credibility.”

“Blanche complains that the details are messy … Those details about what happened in that room, those messy details, that is motive, that is Mr Trump’s motive to silence this woman in 2016 less than a month before the election. … That is why Mr Trump tried so hard to prevent the American people from hearing about this.”

Steinglass adds that the prosecution went out of its way to avoid other details to avoid embarrassing Trump, including details about the sex itself.

Trump just drew Blanche close and pointed as if telling him to respond to that…

Blanche is going over Daniels’ testimony from yesterday, making a very similar argument that he made before for a mistrial. As you’ll remember, the judge shot that down.

“It has nothing to do with the case and why we’re here,” Blanche says.

“We didn’t know these questions were coming,” he says. “We were sitting here, hearing that for the first time.”

Blanche notes that there were objections, and they were sustained.

“That doesn’t excuse the conduct and that doesn’t excuse the question,” Blanche says. “That’s why this type of evidence is so dangerous and so prejudicial.”

“The questions about wearing a condom, judge? … We didn’t know this was coming.”

“It’s a dog whistle for rape.”

Assistant District Attorney Josh Steinglass steps up for the defence.

“OK, so that was a lot … Most of which was not true.”

He notes that most of these details were also in a December interview with prosecutors shared with the defense, the Anderson Cooper interview and elsewhere.

“That claim of ambush is just nonsense.”