Former federal prosecutor Andrew Weissmann on Thursday argued why he believes Donald Trump’s legal team made a “calculated” move in not objecting to the more salacious details that porn actor Stormy Daniels gave in testimony about having sex with the former president.
Trump lawyer Susan Necheles is “really experienced,” Weissmann told MSNBC’s Lawrence O’Donnell.
“She doesn’t forget to object,” he continued, calling it “gamesmanship.”
“They want this in the case,” he added. “It is a distraction.”
“What’s the calculation?” asked O’Donnell.
“Wait until summation,” Weissmann answered. “They’re going to say in summation, ‘Oh, look what they did with the case. They tried to call Stormy Daniels. They wanted this to be as salacious as possible.’”
Advertisement
“Because they don’t have a case and they want to bring in all of this stuff,” he added. “That’s why you heard about condoms. That’s why you heard about this, that, and the other.’” Daniels testified that Trump did not wear a condom during their sexual encounter.
It’s not a bad strategy, per se, and they “have to do something,” Weissmann acknowledged.
Judge Juan Merchan, who is overseeing the case, on Thursday rejected the Trump legal team’s motion for mistrial and pointed out there were plenty of times when they could have objected to Daniels’ testimony when she was on the stand, but chose not to.
Trump stands accused of falsifying business documents to cover up a hush money payment to Daniels before the 2016 election. Daniels alleges she had sex with Trump in 2006. Trump denies the claims.