Donald Trump's legal team missed the opportunity to claim a mistrial during the former president's hush money trial, a former federal prosecutor has said.
Neama Rahmani was reacting to evidence by adult film star Stormy Daniels, who gave graphic detail on May 7 about her alleged sexual encounter with Trump in 2006.
"Because [the Trump team] failed to object in a timely manner, the defense waived their objections both in a motion for mistrial and on appeal," Rahmani told Newsweek.
Judge Juan Merchan expressed surprise that Trump's lawyers did not put in more objections to Daniels' testimony.
Rahmani, now president of the West Coast Trial Lawyers law firm in California, said that Daniels introduced "way too much irrelevant and prejudicial evidence" but "the defense has only itself to blame."
He said Trump's lawyers "should have objected to many of the prosecution's questions, but they failed to do so. They should have also asked to strike Daniels' answers."
"Under these circumstances where a party fails to object, an appellate court can only reverse if there is 'clear error' and there was none here," Rahmani said.
"The sordid details of Trump's affair aren't necessarily relevant to the charges of false business records, and the jurors and the American public heard much more than they needed to."
Newsweek sought email comment from Trump's attorney on Wednesday.
Trump, the presumptive Republican presidential nominee, is the first former president in United States history to stand trial in a criminal case. He has pleaded not guilty to 34 counts of falsifying business records. He has continually said that this case and other criminal and civil matters involving him are politically motivated.
The prosecution seeks to prove that before the 2016 presidential election, Trump paid, or discussed paying, two women—adult film star Stormy Daniels and former Playboy model Karen McDougal—to not disclose his alleged affairs with them. He denies affairs with either woman.
Los Angeles-based civil attorney, David Ring, told Newsweek that the Trump team had a difficult decision about how to deal with Daniels' very frank evidence.
"Once Daniels took the stand, she really laid out a lot of graphic details about the encounter. This put the defense in a tough spot: if they repeatedly object, the jurors will think: 'What is Trump trying to hide by all the objections?' 'What she is saying must be true ... and harmful ... if Trump's lawyers keep objecting so much.' So, the lawyers sat on their hands, and let her testify. It was a strategic decision."
"They will do all they can to portray her as a liar and an extortionist in closing arguments."
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Sean O'Driscoll is a Newsweek Senior Crime and Courts Reporter based in Ireland. His focus is reporting on U.S. law. ... Read more
