Former FEC Chair Tells What He Would Have Told the Donald Trump Jury if Called

So far in Donald Trump's so-called "hush-money" case, which is looking more and more like extortion, the star witnesses have been Stormy Daniels and Michael Cohen, who just admitted embezzling $30,000 from the Trump Organization.

Former FEC Chair Brad Smith likely will be prevented from rebutting some of the testimony of the prosecution witnesses.

It appears Judge Merchan will prevent former FEC Chair Brad Smith—a solid, credible witness—on to rebut some of the self-serving testimony of prosecution witnesses. And Merchan allowed Stormy Daniels’ salacious testimony, which was devoid of relevance to the case. Pure prejudice. pic.twitter.com/gflXvS17gV
— David Asman (@DavidAsmanfox) May 20, 2024

Insane. They literally prevent the defendant from presenting a defense. The whole case is an FEC issue & the crooked judge won’t let *the former head of the FEC* testify because it would help Trump.

Never conflate a trial with justice. New York courts have zero legitimacy. https://t.co/SQMVOvocMe
— Mike Benz (@MikeBenzCyber) May 21, 2024

Smith compiled in a thread what he would have said in court:

Judge Merchan has so restricted my testimony that defense has decided not to call me. Now, it’s elementary that the judge instructs the jury on the law, so I understand his reluctance. /1
— Brad Smith (@CommishSmith) May 20, 2024

But the Federal Election Campaign Act is very complex. Even Antonin Scalia—a pretty smart guy, even you hate him—once said “this [campaign finance] law is so intricate that I can’t figure it out. /2
— Brad Smith (@CommishSmith) May 20, 2024

Picture a jury in a product liability case trying to figure out if a complex machine was negligently designed, based only on a boilerplate recitation of the general definition of “negligence.” They’d be lost without knowing technology & industry norms. /3
— Brad Smith (@CommishSmith) May 20, 2024

/4 Someone has to bring that knowledge to the jury. That—not the law—was my intended testimony. For example, part of the state’s case is that they wrongly reported what they knew to be a campaign expenditure in order to hide the payment until after the election.
— Brad Smith (@CommishSmith) May 20, 2024

/5 Cohen even testified they just wanted to get past the election.
— Brad Smith (@CommishSmith) May 20, 2024

/6 so, we were going to go over the reporting schedules, showing that even if they thought it was a campaign expenditure to be reported, an expenditure made on October 27 (when $$ sent to Daniels atty) would not, under law, be reported until Dec. 8, a full 30 days after election
— Brad Smith (@CommishSmith) May 20, 2024

/7 but While judge wouldn’t let me testify on meaning of law, he allowed Michael Cohen to go on at length about whether and how his activity violated FECA. So effectively, the jury got its instructions on FECA from Michael Cohen!
— Brad Smith (@CommishSmith) May 20, 2024

/8 judge Merchand has asked the sides to submit further proposed instructions on FECA, and then I assume they’ll argue it out. I’m not optimistic.
— Brad Smith (@CommishSmith) May 20, 2024

/9 So you’ve got a judge who contributed to Trump’s opponent presiding over a trial by a prosecutor who was elected on a vow to get Trump, for something DOJ and FEC chose not to prosecute, on a far-fetched legal theory I which the prosecution has been allowed …
— Brad Smith (@CommishSmith) May 20, 2024

/10… To repeatedly misstate the law or elicit incorrect statements of law from witnesses (and unlike Cohen’s, my testimony would not have gone to the ultimate legal issue). The judge’s bias is very evident.
— Brad Smith (@CommishSmith) May 20, 2024

/11 Why do pluralities of Americans see Biden as a greater threat to democracy than Trump? It’s in part because of farces like this trial.
— Brad Smith (@CommishSmith) May 20, 2024

Exactly. Lawfare is backfiring.

Deeply concerning thread
— Elon Musk (@elonmusk) May 21, 2024

I'd be curious to understand on what legal grounds your testimony would be restricted, particularly considering we've heard Stormy Daniels testify at length about ghosts.
— Probably Definitely not Stoya (@notstoya) May 21, 2024