Former President George W. Bush Department of Justice official John Yoo on Monday criticized Judge Juan Merchan for allowing porn star Stormy Daniels to testify freely for the prosecution, while limiting a federal elections expert’s testimony for former President Donald Trump’s defense.
Merchan restricted former Federal Election Commission (FEC) commissioner Brad Smith’s testimony to describing what the commission does and is responsible for as well as defining terms pertaining to the case, according to CNN. Yoo on “America’s Newsroom” attacked Merchan for this limitation despite allowing Daniels to speak openly. (RELATED: ‘Didn’t Make Any Sense’: Jonathan Turley Says Michael Cohen May Have Committed Perjury … Again)
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“The prosecution hasn’t actually shown how Trump violated Federal Election Commission law,” Yoo said. “They’ve been kind of sneaking it in by saying Cohen violated it and Pecker might have violated it. That’s not what is on trial here. What’s on trial is did Donald Trump violate federal election law? You have not seen the prosecution put that on yet. And so it’s weird to me actually to see Judge Merchan letting Stormy Daniels testify at will all over the place on things that are not actually relevant to the trial and then he’s all over Brad Smith.
“He is Not just a worker. Brad Smith is a distinguished constitutional law expert,” Yoo continued. “He’s actually one of the top scholars on the federal election law. He’s one of the first people who identified all the problems with the federal election law. This is the perfect guy actually. I would think if a judge would be deferential and let someone testify at length, it should be Brad Smith, not Stormy Daniels.”
Merchan denied Trump’s defense attorney Todd Blanche’s motion for a mistrial after Daniels’ testimony, which he described as ”unduly prejudicial” against his client. Merchan indicated he will tell the jury only to take into account a restricted portion of her testimony.
The judge in March denied Trump’s request to prevent Daniels, as well as his former attorney Michael Cohen, from testifying during the trial.
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