Former Federal Election Commission Chairman Brad Smith said on social media that the defense withdrew him after the judge imposed too many restrictions.
An election law expert said that he believes the judge overseeing former President Donald Trump’s New York criminal trial has a “bias” because of an order that limits how expert witnesses can testify in the case.
Brad Smith, who chaired the Federal Election Commission and was appointed to the FEC by former President Bill Clinton, wrote on social media on May 20 that he didn’t testify because of a move made by the Trump team.
But he suggested that the judge essentially blocked him from offering his viewpoint.
“Judge Merchan has so restricted my testimony that defense has decided not to call me,” Smith wrote on X, formerly known as Twitter. “Now, it’s elementary that the judge instructs the jury on the law, so I understand his reluctance.”
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 if you hate him—once said ’this [campaign finance] law is so intricate that I can’t figure it out,” he also wrote on X, claiming that the judge is biased for not allowing him to testify.
While the “judge wouldn’t let me testify on [the] meaning of [the] 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,” he added, referring to the Federal Election Campaign Act.
As for President Trump, he claimed that Judge Juan Merchan ruled that Mr. Smith “can’t testify” and isn’t “being allowed to testify” in the case. His remarks came a day before the defense and prosecutors rested their cases, turning over deliberations to the jury.
“The expert witness that we have, the best there is in election law, Brad Smith, he’s considered the Rolls Royce, or we’ll bring it back to an American car, Cadillac, but the best there is,” the former president said on his way out of court.
