Donald Trump’s attorney in his civil rape trial appeared exasperated Thursday as he had a private conversation with the judge and opposing lawyer about whether Trump would testify. Trump vowed Thursday that he would travel from Ireland back to New York to “confront” accuser E. Jean Carroll but his lawyer Joe Tacopina was forced to mop up, emphatically telling U.S. District Judge Lewis Kaplan Thursday that Trump would not follow through. “I know you understand what I am dealing with,” Tacopina told Kaplan. The remarks were made during a sidebar huddle that happened out of earshot of reporters and jurors but was still included in the official court transcript, Law and Crime reported. Kaplan clarified he didn’t think Tacopina was misleading the court but Carroll’s lawyers complained that the unpredictability had left them scrambling. Tacopina ended up resting the defense case without Trump testifying but a wary Kaplan gave him until Sunday afternoon to change his mind in case Trump decided to testify.