Republican Questions Donald Trump's Trial Tactics

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A Republican strategist questioned Donald Trump's trial tactics as the former president repeatedly attacks judges and prosecutors in cases against him.

"I question the legal strategy here," Republican strategist and commentator Scott Jennings said Monday morning on CNN News Central. "Is it really smart to go after the daughter of the judge who is overseeing your trial? I question the wisdom of that."

Last week on social media, Trump went after the daughter of New York State Supreme Court Justice Juan Merchan, who is overseeing Trump's hush money trial brought by Manhattan District Attorney Alvin Bragg.

Jennings said that while some Republicans will defend Trump, others oppose his tactics ahead of November's election.

Newsweek reached out to Trump's spokesperson via email for comment.

Donald Trump
Former President Donald Trump in Massapequa, New York, on March 28. Republican strategist Scott Jennings has questioned Trump's trial tactics. Michael M. Santiago/Getty Images

The Context

Last week, Trump issued several posts on Truth Social attacking Merchan and his daughter. The criminal case involves a hush money payment made to adult film star Stormy Daniels, who alleges she and Trump had an affair, shortly before the 2016 election. Trump is charged with 34 counts of falsifying business records. He has denied all the charges.

"Judge Juan Merchan is totally compromised, and should be removed from this TRUMP Non-Case immediately. His Daughter, Loren, is a Rabid Trump Hater, who has admitted to having conversations with her father about me, and yet he gagged me," Trump said in one post.

He continued: "She works for Crooked Joe Biden, Kamala Harris, Adam 'Shifty' Schiff, and other Radical Leftists who Campaign on 'Getting Trump,' and fundraise off the 'Biden Indictments' - including this Witch Hunt, which her father 'presides' over, a TOTAL Conflict."

In another post, Trump said that Merchan's daughter "is a senior executive at a Super Liberal Democrat firm that works for Adam "Shifty" Schiff, the Democrat National Committee, (Dem)Senate Majority PAC, and even Crooked Joe Biden."

What We Know

Merchan filed a gag order against Trump last week, barring him from making or directing statements in connection with people involved in the case, including possible witnesses and possible jurors.

New York Judge Arthur Engoron previously issued gag orders against Trump in a civil fraud case brought by New York Attorney General Letitia James.

Views:

Former Watergate prosecutor Nick Akerman said last week that the gag order against Trump was "so unusual."

"In over 50 years of law practice, both as a prosecutor [and] a defense lawyer, it's not done. And the reason it's not done is because once you start disparaging the judge, disparaging people in the courtroom, you're putting yourself in harm's way because that's the judge who's gonna sentence you. It's the judge who can send you to jail or give you probation," Akerman said on CNN last week.

What's next:

While appearing on CNN earlier on Monday, LaDoris Cordell, a retired judge who worked at the California Superior Court, warned that Trump could face further legal repercussions if he continues to test the bounds of the gag order.

"When he steps across that gag order line—and I do hope it will be expanded—there should be only one response: bring your toothbrush, Donald Trump, because you're going to sit in a jail cell for a while," Cordell said.

Update 4/1/24, 10:28 a.m. ET: This article was updated with additional information

Update 4/1/24, 11:18 a.m. ET: This article was updated with additional information.

About the writer

Matthew Impelli is a Newsweek staff writer based in New York. His focus is reporting social issues and crime. In January 2023, Matthew traveled to Moscow, Idaho where he reported on the quadruple murders and arrest of Bryan Kohberger. Matthew joined Newsweek in 2019 after graduating from Syracuse University. He also received his master's degree from St. John's University in 2021. You can get in touch with Matthew by emailing m.impelli@newsweek.com. Languages: English.


Matthew Impelli is a Newsweek staff writer based in New York. His focus is reporting social issues and crime. In ... Read more