Donald Trump Ignoring 'Most Basic' Legal Advice in Hush Money Trial—Lawyer

Donald Trump likely ignored "the most basic thing defense lawyers instruct their clients to do" while in court for his Stormy Daniels hush money trial on Thursday, according to a prominent legal expert.

Joyce Vance, a former U.S. attorney for the Northern District of Alabama, made the claim in a post on her Substack blog in response to a claim that Trump was failing to "rise along with everyone else in the courtroom" as potential jurors were seated in the audience.

By Thursday, 12 jurors had been selected to determine Trump's fate in his New York City trial. The former president is facing 34 felony counts of falsifying business records related to claims he orchestrated the payment of hush money to Stormy Daniels, a former pornographic actress, ahead of the 2016 presidential election to keep her quiet about an alleged affair. Trump has pled not guilty to all counts and strongly denies Daniels' claim that he had sexual relations with her in 2006.

Former president Donald Trump
Donald Trump gestures with his fist outside Manhattan Criminal Court in New York City on April 18, 2024. The former president is likely ignoring "the most basic thing" his legal team is advising him to... BRENDAN MCDERMID/POOL/AFP/GETTY

In her Substack post, Vance cited a pool reporter who said "when the defense is introduced to the potential jurors seated in the audience, Trump does not stand up like his legal team does to turn and face them."

She continued: "My friend and former Chicago federal prosecutor Renato Mariotti, now a criminal defense lawyer, pointed out that this is the most basic thing defense lawyers instruct their clients to do—they tell them to rise along with everyone else in the courtroom to show respect for the people who will decide their fate.

"I have never seen a defendant fail to stand up every time the jury entered or left the courtroom."

Concerning Trump, Vance later said: "Even in the small things like standing for the jury, he is incapable of feigning respect," and she argued he "continues to believe he is above the law."

Newsweek contacted Donald Trump's representatives for comment outside of normal working hours.

Vance also used her post to speculate over whether Trump will personally testify in the case. On April 12, the presumptive Republican presidential nominee insisted he would commenting: "I'm testifying. I tell the truth."

However Vance argued Trump's legal team is likely to urge him not to testify in person.

Referencing this possibility she wrote: "Will he or won't he? In every criminal trial, the smart money says no. Absolutely, absolutely not. Very few defendants take the witness stand in their own defense, and Trump, given his past performance and proclivities, should not be one of them.

"If he testifies, he will be subject to relentless and free-ranging cross-examination by a highly skilled prosecution team in Manhattan. As much as I'd like to see this, it's a sure thing Trump's lawyers will do everything they can to keep him off the stand.

"But the decision about whether to testify belongs to the client, and Trump has proven to be a client who is uniquely incapable of listening to the advice of his lawyers."

Speaking to Newsweek, New York attorney Colleen Kerwick noted that one pro-Trump "stealth juror" could force a retrial as a unanimous verdict is required for a conviction.

"While the prosecution may appear to have the actuarial [statistical] advantage with a Manhattan jury, if only one of the 12 jurors is a Trump supporter they can hang the entire jury," she said. "Although jurors are asked questions during voir dire, some may gloss over their leanings to secure a spot on this jury."

Trump is facing three other criminal trials over claims he mishandled classified documents then obstructed their return to the proper authorities and that he broke the law attempting to overturn the 2020 presidential election result both across the United States and in the state of Georgia specifically. He has pled not guilty to all counts and insists the cases against him are politically motivated.

Uncommon Knowledge

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About the writer


James Bickerton is a Newsweek U.S. News reporter based in London, U.K. His focus is covering U.S. politics and world ... Read more

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