2688d ago / 1:54 PM UTC

Prosecutors ask judge to eat his words

Robert Mueller's prosecutors are asking the judge to correct what they said was the mistaken tongue-lashing he gave them Wednesday in front of the jury.

The judge was angry that an IRS witness had been in court during previous days of the trial. Judge T.S. Ellis said he does not allow that, with an exception for expert witnesses.

"The court’s reprimand of government counsel suggested to the jury — incorrectly — that the government had acted improperly and in contravention of Court rules. This prejudice should be cured," the prosecutors said in a motion filed before court convened Thursday.

Mueller's prosecutors reminded the judge that on the first day of the trial, the government asked to exclude witnesses from sitting in the courtroom to watch others testify, “with the exception of our expert and our case agent,” Michael Welch of the IRS. Defense lawyers had no objection, and the judge granted the motion.

"The court’s sharp reprimand of government counsel in front of the jury on August 8 was therefore erroneous," the prosecutors said in their motion. "And, while mistakes are a natural part of the trial process, the mistake here prejudiced the government by conveying to the jury that the government had acted improperly and had violated court rules or procedures."

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