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By Mae Slater on
 May 8, 2024

Trump Trial Judge Limits Testimony Of Key Defense Expert On Campaign Finance

New York Judge Juan Merchan has restricted what a significant defense witness can disclose in the trial against former President Donald Trump.

The Federalist reported that the limitations concern accusations that Trump improperly managed hush money payments as campaign expenses during the 2016 presidential campaign.

Manhattan District Attorney Alvin Bragg has accused Trump of breaching the Federal Election Campaign Act by failing to report payments made to Stormy Daniels, through his former attorney Michael Cohen, as a campaign expense.

These payments were allegedly made to prevent Daniels from disclosing an affair she had with Trump before he was elected President.

Controversy Surrounds Presiding Judge

Judge Juan Merchan, who has presided over this high-profile case, has been noted for his previous support of Trump’s political adversaries. This has added an extra layer of tension to the proceedings.

Judge Merchan made a significant ruling by restricting former Federal Election Commission (FEC) Chairman Bradley Smith from fully testifying in court.

Smith, an expert in campaign finance law, is constrained to only discuss the general aspects of FECA and FEC operations.

Bradley Smith, who has enforced campaign finance laws, contends that not all expenditures that benefit a candidate should be considered campaign obligations.

He explains that many expenses made by politicians with the intent to influence elections often get overlooked and are treated as personal use.

In an article dated April 15, Smith argued that misreporting these types of business expenses is typically regarded as a misdemeanor, rather than a felony, which is the classification Manhattan DA Bragg seeks to apply to Trump's case involving Daniels.

Judicial Decision on Previous FEC and DOJ Actions

Both the FEC and the Department of Justice (DOJ) had previously decided not to charge Trump regarding these payments. However, Judge Merchan ruled that discussing these past decisions and the lack of similar convictions is irrelevant to the current case.

“That the FEC dismissed the complaint against the defendant and the DOJ decided against prosecuting the defendant for potential FECA violations are probative of nothing.

These matters are therefore irrelevant and the defendant is precluded from eliciting testimony or introducing evidence or both,” Judge Merchan stated.

The restrictions on Smith’s testimony could significantly impact the defense’s strategy in proving that the payments to Daniels were not campaign-related expenses.

Smith’s expertise in differentiating between personal and campaign expenses could have been pivotal in supporting Trump’s defense.

This leads to broader questions regarding the characterization of various types of expenditures during political campaigns and the potential implications for future cases involving campaign finance law.

Conclusion

In summary, the case against Donald Trump for allegedly mismanaging campaign funds through unreported hush money payments continues to unfold, with significant limitations placed on the testimony of key defense expert Bradley Smith. These developments occur under the watch of a judge previously supportive of Trump’s opponents, amid previous decisions by federal bodies not to prosecute, highlighting a complex intersection of legal opinions and political implications in the realm of campaign finance.

Written By:
Mae Slater

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