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Trump Trial: Judge Merchan won't allow certain Defense testimony

Posted on 5/20/24 at 8:05 am
Posted by MFn GIMP
Member since Feb 2011
19454 posts
Posted on 5/20/24 at 8:05 am
Merchan, just now, has decided that Trump's team can't use Brad Smith, an expert in campaign finance law, as a witness because it would "result in a battle of experts and confuse the jury."

He also isn't allowing in an email that was sent to Cohen to impeach his testimony, because it is hearsay, but allowed emails only sent to Cohen to be introduced as evidence for the State.

This is absolutely absurd.
Posted by SDVTiger
Cabo San Lucas
Member since Nov 2011
74500 posts
Posted on 5/20/24 at 8:06 am to
"Its not lawfare!" -SlowFlowPro
Posted by HubbaBubba
F_uck Joe Biden, TX
Member since Oct 2010
45874 posts
Posted on 5/20/24 at 8:08 am to
It's all designed to keep Trump from campaigning. It will all be overturned on appeal and hopefully there'll be arrests that include this smug judge.
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
57444 posts
Posted on 5/20/24 at 8:09 am to
They just want a conviction for appearances only. They know any conviction will be overturned on appeal, but they'll have their TV ads that Trump is a "convicted felon."
Posted by GumboPot
Member since Mar 2009
119074 posts
Posted on 5/20/24 at 8:10 am to
The fix is in.

Trump will be guilty of a crime that we have yet to know about.

The question now is the sentencing. Will Trump get prison time, probation, ankle monitor, fine or will the moniker "convicted felon" be enough?

Posted by teke184
Zachary, LA
Member since Jan 2007
96551 posts
Posted on 5/20/24 at 8:11 am to
Say “the fix is in” without saying “the fix is in.”

About all we are missing is him going full Ebony Rose Johnson to make the jury change their verdict illegally.
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
36295 posts
Posted on 5/20/24 at 8:13 am to
Merchan isn't even trying to hide it. They're flaunting it in your face. The game is rigged.
Posted by MFn GIMP
Member since Feb 2011
19454 posts
Posted on 5/20/24 at 8:13 am to
I just can't get over the defense not being able to have an expert witness to talk about the campaign finance crime - which is the entire reason the state is able to go after the "falsified business records" because it was supposedly done in furtherance of another crime. How can he not have an expert as a witness to say why he didn't commit a campaign finance crime? I'm at a loss for words.

ETA: I also don't remember the State using an expert to talk about campaign finance laws so essentially the judge is saying that since Trump was charged with that - nevermind the feds chose to not prosecute any alleged campaign finance crimes - it means he did it and is allowed no defense.
This post was edited on 5/20/24 at 8:15 am
Posted by teke184
Zachary, LA
Member since Jan 2007
96551 posts
Posted on 5/20/24 at 8:14 am to
Not being allowed to have an expert because it would contradict the state’s expert. TF? Does he think this is a federal trial where the Feds win 90% of the cases because it is a stack deck?
Posted by Diamondawg
Mississippi
Member since Oct 2006
32399 posts
Posted on 5/20/24 at 8:14 am to
quote:

Trump Trial: Judge Merchan won't allow certain Defense testimony
So if the jury is rigged and he gets convicted there seems to be plenty of reversible offenses going on in this trial. What happens to Trump while awaiting appeal(s)?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424260 posts
Posted on 5/20/24 at 8:15 am to
quote:


I just can't get over the defense not being able to have an expert witness to talk about the campaign finance crime

Yeah, I assume there is more to it than what's in OP (for obvious reasons), but that's a bad ruling almost universally.
Posted by GumboPot
Member since Mar 2009
119074 posts
Posted on 5/20/24 at 8:15 am to
In the final argument to the jury can Trump's defense team alert the jury that the Judge is conflicted in many ways and mention the defense testimony that was not allowed into the trial?
Posted by teke184
Zachary, LA
Member since Jan 2007
96551 posts
Posted on 5/20/24 at 8:15 am to
quote:

What happens to Trump while awaiting appeal(s)?


Knowing this shithead? Probably travel restrictions where he can’t leave NY State.
Posted by teke184
Zachary, LA
Member since Jan 2007
96551 posts
Posted on 5/20/24 at 8:16 am to
I’m sure they can and the judge will threaten the Trump team for doing so. But the jury hearing it gets it noticed.
Posted by Hondo Blacksheep
Member since Jul 2022
1526 posts
Posted on 5/20/24 at 8:17 am to
A straight frame up job. Dude should be ashamed of himself as a judge - or at minimum embarrassed for himself as a lawyer.

His bias is obvious and palpable.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424260 posts
Posted on 5/20/24 at 8:17 am to
quote:

can Trump's defense team alert the jury that the Judge is conflicted in many ways and mention the defense testimony that was not allowed into the trial?


Can they? Yes

Will that result in a mistrial? Possibly

Will that attorney be punished severely? Definitively
Posted by Indefatigable
Member since Jan 2019
26775 posts
Posted on 5/20/24 at 8:18 am to
quote:

but allowed emails only sent to Cohen to be introduced as evidence for the State.

And cohen authenticated them on the stand, correct? Also depends on the content of the emails and what they were used for.
This post was edited on 5/20/24 at 8:20 am
Posted by teke184
Zachary, LA
Member since Jan 2007
96551 posts
Posted on 5/20/24 at 8:18 am to
quote:

His bias is obvious and palpable.


On top of his kid getting massive money from organizations which tried to get Trump thrown off the ballot in various states.

We have method, motive, and opportunity for the judge.
Posted by MFn GIMP
Member since Feb 2011
19454 posts
Posted on 5/20/24 at 8:19 am to
quote:

Yeah, I assume there is more to it than what's in OP (for obvious reasons), but that's a bad ruling almost universally.

I'm just going by the tidbits that are being posted about it various places.

NYT says "[Merchan] says that too much explanation of the law from an expert would overstep the role usually granted to such witnesses. They are meant to help jurors understand a certain subject area, but it is the judge’s role to help jurors understand the law itself."

The Washington Post directly quotes Merchan as saying “There’s no question this would result in the battle of the experts which would only serve to confuse and not assist the jury,”

ETA: I'll be interested to see the actual transcript when it is posted this evening.
This post was edited on 5/20/24 at 8:20 am
Posted by Indefatigable
Member since Jan 2019
26775 posts
Posted on 5/20/24 at 8:19 am to
quote:

In the final argument to the jury can Trump's defense team alert the jury that the Judge is conflicted in many ways and mention the defense testimony that was not allowed into the trial?

If you want to have the statement stricken and sanctions from the court while being reported to the bar, sure.
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