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Commentary: Trump just got a break in one case against him. But his luck was running out in another

Harry Litman, Los Angeles Times on

Published in Political News

Directly contradicting the Trump line of argument, Merchan found that the district attorney “went so far above and beyond what they’re required to do, it’s really odd that we’re even here.” Worse, he told Blanche that the dispute fit Team Trump’s months-long “pattern” of advancing an interpretation of events that “is really different from my interpretation.”

Translation from judge-speak: Your motion was so meritless as to be a waste of my time.

That sort of upbraiding from a judge before trial has even begun should chill any trial lawyer to the bone. Credibility before the court is a defense lawyer’s most important currency, and Blanche seems to have lost it, perhaps irrevocably. And he has lost it because, like so many of Trump’s lawyers, he crafted his advocacy according to the boss’ predilections rather than the demands of the case.

Moreover, Merchan’s reprimand essentially tears a crucial page out of Trump’s very thin playbook. He made it clear that he will not brook wild-eyed claims about government misconduct or selective prosecution.

The judge underscored his resolve to come down hard on such hijinks Tuesday by issuing a limited gag order against Trump. Merchan is likely only to get stricter once a jury is in place, at which point rash accusations could corrupt the proceedings.

 

Trump has been approaching pretrial appearances as political opportunities to vilify the prosecution. But with an actual jury trial now on the horizon, presided over by a judge whose patience he has exhausted, he will be forced to base his defense on evidence. And as in all his criminal trials, that is the last position he wants to be in.

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Harry Litman is the host of the “Talking Feds” podcast and the Talking San Diego speaker series.@harrylitman


©2024 Los Angeles Times. Visit at latimes.com. Distributed by Tribune Content Agency, LLC.

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