Trump's 'astonishing' court actions will turn juries against him in criminal cases: expert
Former President Donald Trump has a huge problem going into his upcoming trials, former federal prosecutor Elie Honig wrote for New York Magazine's The Intelligencer on Friday: his erratic behavior will quickly turn juries against him.
This comes in the wake of a jury holding Trump liable for $83.3 million in damages in the E. Jean Carroll defamation trial, a case in which he visibly clashed with the judge.
"Donald Trump’s behavior during the recent E. Jean Carroll defamation trial was so astonishing," wrote Honig. "Even if Trump doesn’t give a damn about courtroom decorum for its own sake, his conduct was self-sabotage and resulted in a jaw-dropping civil verdict. He’d better get an in-court attitude adjustment quickly — or at least fake one — or else the consequences will be far worse."
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"We newbie prosecutors were drilled relentlessly on how to act in the well of the courtroom," wrote Honig. A smattering of examples, in ascending order of importance: I once got scolded by a trial supervisor for wearing laceless slip-on dress shoes in front of a jury ... Another trial veteran told me never to take a drink of anything except, if I were literally choking, a small dixie cup of tap water; we wouldn’t want to slug down frosty Snapples while the jurors had no such delights. I learned that if I insisted on doodling during tedious witnesses (and I did), I should at least make it look as though I was listening and taking careful notes. Even if something goes haywire — a judge makes a lousy ruling or a key witness collapses on the stand — keep that poker face and act like everything’s cool. When the jury comes out to deliver its decision, don’t stare at them, and no reaction either way (neither fist-pumping nor head-hanging) when the verdict is announced."
Trump doesn't pay attention to any of this in court, Honig wrote — he scowls, mutters, and even barged out of the courtroom during the Carroll trial. Indeed, that is very likely why the damages were so much higher in this trial than the first, where he didn't actually attend and was found liable for just $5 million.
If he behaves like this in his criminal trials, Honig wrote, there's no telling how bad it could get for him.
"I don’t envy the lawyer who draws the task of enforcing discipline on Trump," he wrote. "He has done everything his way for nearly eight decades, and it’s made him rich and resulted in his presidency. He shows no signs of mellowing now; if anything, Trump’s rage and defiance have intensified with time. Lawyers sometimes talk about clients who are difficult to manage. Trump needs a new category all his own."