Former Federal Election Commission Chairman Brad Smith Denied Testimony in Trump Trial
ICARO Media Group
In a surprising turn of events during the ongoing trial of former President Donald Trump, Judge Juan Merchan has barred former Federal Election Commission Chairman Brad Smith from testifying. Smith, an expert in federal campaign finance law, was intended to provide insight into the complexity of campaign law, but the judge's ruling prevented him from doing so.
The trial, brought by Manhattan District Attorney Alvin Bragg, alleges that Trump falsified his company's business records regarding the payment made to porn actress Stormy Daniels through a legal nondisclosure agreement. While the prosecution claims that Trump intended to commit another crime along with the false bookkeeping, they have not explicitly stated what that crime is.
Prosecutors have hinted that Trump may have violated a state law that prohibits promoting a political candidacy "by unlawful means." They argue that Trump's alleged violation of the Federal Election Campaign Act (FECA), a federal law regulating political fundraising and spending in federal elections, constitutes the unlawful means. This has raised questions about a local district attorney prosecuting a federal law.
Smith, an outspoken opponent of what he considers an overapplication of campaign finance law, was consulted by the Trump defense team to testify if Bragg's prosecutors characterized the case as a violation of federal election law. However, Judge Merchan barred Smith from testifying about anything related to the Trump case, except for general facts about the FEC's role and the definition of common campaign terms.
Smith expressed his disappointment at not being able to address the jury, stating that his intention was to educate them about the complexities of campaign finance law. He compared it to a product liability lawsuit involving a complicated machine, where jurors may not have the necessary expertise to make informed decisions.
One key aspect Smith wanted to highlight was the notion of personal use, a separate part of the law that prohibits diverting campaign funds for personal expenses unrelated to the campaign. This distinction could have shed light on Trump's payment to Daniels, indicating that it may not constitute a campaign expenditure.
Although Smith could not testify, he emphasized that paying hush money or a nondisclosure agreement does not automatically qualify as a campaign expense under his interpretation of the law. He illustrated this with an example of a businessperson settling lawsuits against their company to avoid negative press during a campaign, stating that campaign funds cannot be used for such purposes.
Despite not being able to provide his expert testimony, Smith's absence leaves the jury without a comprehensive understanding of the intricacies of campaign finance law. Campaign finance legislation has historically been considered complex, as even the late Supreme Court Justice Antonin Scalia admitted that he struggled to fully comprehend it.
The repercussions of Smith's absence from the trial remain to be seen. As the proceedings continue, legal experts and the public eagerly await the outcome of this high-profile trial, which seeks to determine the extent to which campaign finance laws apply to a former president.