Why Trump’s over-the-top theatrics won't work in hush money trial: legal scholar

15 April 2024

On Monday morning, April 15, former President Donald Trump arrived at a New York City courthouse for jury selection in Manhattan District Attorney Alvin Bragg, Jr.'s hush money/falsifying business records case. MSNBC's Mika Brzezinski, with the trial about to get underway, described it as an "unprecedented moment in U.S. history" — as it marks the first time a former president of the United States has gone to trial on criminal charges.

"This is an outrage that this case was brought," Trump angrily told reporters as he arrived at the courthouse.

Trump was as much of a showman as always in the days leading up to the trial. But legal scholar Ray Brescia, in an op-ed published by the Daily Beast on April 15, argues that Trump's usual over-the-top theatrics won't work during this trial.

"What any casual observer of Trump's recent track record in court should know (is) that an actual court does not operate by the same rules as the court of public opinion," explains Brescia, an associate dean at Albany Law School in Upstate New York. "In fact, the same behavior in the latter actually harms him in the former, something he may ultimately learn the hard way."

Brescia continues, "Unlike in the court of public opinion, where Trump's bluster and bullying may help win supporters and cause some to cower, when court is in session, the rules of evidence and procedure kick in. The same tactics that might give Trump some public relations wins do not really work in court. In fact, they often backfire."

Justice Juan Merchan has imposed a partial gag order against Trump in Bragg's case. But he has angrily railed against not only Merchan, but also, Bragg and some of the key witnesses — who include Michael Cohen (Trump's former personal attorney and fixer) and adult film star Stephanie Clifford, a.k.a. Stormy Daniels.

"When Trump goes to trial in an actual court," Brescia stresses, "his typical behavior does not generally help him. Rather, what is more common is that these antics — which are rarely tolerated with respect to run-of-the-mill defendants — actually undermine his position rather than strengthen it."

Read Ray Brescia's full article for the Daily Beast at this link (subscription required).

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