Former Federal Election Commissioner Brad Smith recently took to social media to express his objection to not being allowed to testify at a hush money trial. Smith's primary concern centered around Judge Juan Merchan's decision to disallow a separate expert to testify regarding how the hush money payments may have aligned with election dates.
Smith highlighted that he had intended to provide testimony on the reporting schedules, emphasizing that even if the payments were considered campaign expenditures requiring disclosure, the timing of the payment to Stormy Daniels' attorney on October 27 would not legally necessitate reporting until December 8, a full 30 days after the election.
Another point of contention for Smith was the judge's permission for Michael Cohen to discuss potential violations of the Federal Employees' Compensation Act (FECA) during the trial. Smith criticized the fact that while he was not allowed to testify on the interpretation of the law, Cohen was permitted to extensively address the issue, effectively providing the jury with their understanding of FECA through Cohen's perspective.
In his overall assessment of the situation, Smith asserted that Judge Merchan's bias was unmistakably apparent throughout the proceedings. Smith's detailed thread on the matter shed light on his frustration with the limitations placed on his testimony and the perceived inconsistencies in the judge's handling of expert witnesses and legal interpretations.