How Merchan Enabled Prosecutors’ Effort to Convict Trump Based on Improper Evidence

The principal duty of the judge in a criminal case is to protect the accused from abuse by the state. Here, the judge has made common cause with the state.

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Judge Juan Merchan listens as former president Donald Trump watches, as Stormy Daniels is questioned by defense attorney Susan Necheles during Trump’s criminal trial in Manhattan state court in New York City, May 9, 2024, in this courtroom sketch.

Jane Rosenberg/Reuters

Editor’s Note: This is the second of two columns on how Judge Juan Merchan has allowed prosecutors from Manhattan district attorney Alvin Bragg’s office to prove a federal campaign-finance crime against former president Donald Trump by relying on blatantly inadmissible evidence — the guilty pleas of Michael Cohen and a non-prosecution agreement David Pecker struck with the Justice Department. The first column is here.

In yesterday’s column, I contended that Judge Juan Merchan has collaborated with prosecutors to spread before the jury in his Manhattan courtroom evidence that is blatantly inadmissible against the defendant, former president Donald Trump — specifically, Michael Cohen’s guilty pleas to two Federal Election Campaign Act (FECA) crimes, which he claimed were established by payments to Stormy Daniels and Karen McDougal for non-disclosure agreements (NDAs); and David Pecker’s non-prosecution agreement with the Justice Department, which he executed out of fear that he’d be indicted over the McDougal NDA (he wasn’t, although his former company, AMI, agree to pay the Federal Election Commission a fine — a disposition that allowed AMI to get out from under the federal government’s investigation so it could sell the National Enquirer.)

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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