Trump About to Come 'Eyeball to Eyeball' With Judge He Trashed: Kirschner

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Former President Donald Trump's legal predicament will become "very real" when he comes "eyeball to eyeball" with a judge that he spent Friday trashing on social media, according to legal analyst Glenn Kirschner.

A grand jury tied to Manhattan District Attorney Alvin Bragg's investigation of Trump voted to criminally indict the ex-president on Thursday. The surprise announcement sparked a furious reaction from Trump, who denies any wrongdoing and maintains that he is being unfairly targeted in an effort to block his effort to win back the presidency in 2024.

The outrage continued into Friday, when the former president took to Truth Social to blast New York State Supreme Court Justice Juan Merchan, who will preside over his case. Merchan also presided over last year's tax fraud trial of the Trump Organization and Allen Weisselberg, its former chief financial officer.

Kirschner, a former federal prosecutor, said that Trump's indictment had sent "a potentially democracy-saving message" during the latest episode of his Justice Matters podcast, calling the development a "move towards fulfilling" the "promise" that "no man is above the law."

Donald Trump Juan Merchan Judge Glenn Kirschner
Former President Donald Trump, left, is pictured during a rally in Vandalia, Ohio, on November 7, 2022, while a judge is pictured near a gavel, right, in an undated file photo. Trump is set to... Drew Angerer; Chris Ryan

Trump is set to be arraigned in Manhattan on Tuesday. Kirschner said Trump may feel that the reality of his legal troubles is beginning to sink in for the first time during the arraignment hearing.

"The arraignment hearing is the first eyeball to eyeball meeting between the judge and the defendant," Kirschner said. "And that is often the first time that, for the defendant, it becomes very real."

Kirschner went on to say that the "most important takeaway" of Trump's indictment was that a "president of the United States will never again rest comfortably in the belief that he or she can commit crimes with impunity."

A spokesperson for Trump previously told Newsweek that Kirschner was "a notorious trafficker of wild conspiracy theories and dubious legal analysis" and had "been shunned by the legal community at large."

Trump's arraignment hearing could host an awkward first meeting between the judge and the former president, who lashed out at Merchan in a Truth Social post on Friday. Trump accused the judge of participating in a "witch hunt" and said that he had "railroaded" Weisselberg, who pleaded guilty to multiple tax fraud charges last year.

"The Judge 'assigned' to my Witch Hunt Case, a 'Case' that has NEVER BEEN CHARGED BEFORE, HATES ME," Trump wrote. "His name is Juan Manuel Marchan [sic], was hand picked by Bragg & the Prosecutors, & is the same person who 'railroaded' my 75 year old former CFO, Allen Weisselberg, to take a 'plea' deal."

"(Plead GUILTY, even if you are not, 90 DAYS, fight us in Court, 10 years (life!) in jail," he continued. "He strong armed Allen, which a judge is not allowed to do, & treated my companies, which didn't plead,' VICIOUSLY. APPEALING!"

Trump's remarks about Merchan raised some eyebrows, with a number of commentators suggesting that a defendant publicly attacking the judge set to preside over their criminal trial could easily backfire.

"Pro-tip (too late for Trump): When you have just been indicted, the smartest move would not be to viciously and personally attack the Judge and demean his ethnics [sic] and professionalism before your initial appearance," tweeted former federal prosecutor Ron Filipkowski. "Just a thought."

"Has Trump literally lost his mind?" conservative pundit Bill Mitchell tweeted. "He attacked Bragg, threatened 'death and destruction' if indicted and now he is personally attacking the character of the Judge in this case? Gag order here we come."

"This will be the first time that Donald Trump is insulting a judge who's presiding over a felony trial," Charlie Sykes, editor-in-chief of The Bulwark, said during an MSNBC interview.

"It's going to be interesting to see how that plays out," he continued. "Now he's in a court of law, where his freedom is at risk, where truth actually will matter."

Duncan Levin, former senior staffer at the Manhattan District Attorney's Office, told Insider it was "extremely likely" that Merchan would issue a gag order for Trump once the arraignment takes place, possibly forcing the former president into the uncharted waters of silence on what he has repeatedly called his "persecution."

Newsweek has reached out via email to the office of Trump for comment.

About the writer

Aila Slisco is a Newsweek night reporter based in New York. Her focus is on reporting national politics, where she has covered the 2020 and 2022 elections, the impeachments of Donald Trump and multiple State of the Union addresses. Other topics she has reported on for Newsweek include crime, public health and the emergence of COVID-19. Aila was a freelance writer before joining Newsweek in 2019. You can get in touch with Aila by emailing a.slisco@newsweek.com. Languages: English.


Aila Slisco is a Newsweek night reporter based in New York. Her focus is on reporting national politics, where she ... Read more