Former acting Attorney General Matt Whitaker told Newsmax on Wednesday that the "leisurely path" Judge Juan Merchan has taken in former President Donald Trump's New York paperwork trial could very well backfire and cause an uptick in support for the presumptive GOP presidential nominee.
"This judge, Judge Merchan, is highly conflicted," Whitaker said during an appearance on "Wake Up America." "He clearly does not like Donald Trump and is trying to do everything to disadvantage him, and I think that's just inconsistent with our American principles of justice. This leisurely path that we're on, where we take Wednesdays off and a few Fridays here and there, is just like nothing I've ever seen. Usually, when you have a jury, and you're trying a case, you go Monday to Friday, from 9 to 5, and you just kind of grind it out."
"So, I think Judge Merchan understood by having this leisurely path, that he could keep himself and this case in the news doing what he thinks is political damage to President Trump," he continued. "I think what's backfired is that this is making Donald Trump more popular, and it's giving him the platform that I saw yesterday, where President Trump was able to speak three times: once in the morning, once when we came back from lunch, and then once at the conclusion of the day, and so it gives him a platform to communicate."
When asked about the impact the seven-day break in the case could have on the jury, Whitaker said one of his "biggest concerns," as both "a prosecutor and defense lawyer" is that "jurors go and talk about this case or try to do their own research or look up information that's outside of the trial record."
"I think human nature is always the thing we must remember," he said. "These are human beings. These are American citizens. They have reason and common sense. But they also have the same memories that we have … so the things, the nuances, maybe some of … the way that witnesses testified, is going to be lost. And then they're going to get in the jury room, and they're going to maybe forget key elements."
Looking ahead to next week, Whitaker said the case will wrap up after the Memorial Day holiday on Monday, with jurors deciding whether or not to convict Trump on 34 felony counts of falsifying business records.
"[On] Tuesday, everyone will come back from the holiday break, they'll hear both sides' closing argument, the jury will be given the jury instructions as to what the law is, according to Judge Merchan, and then they will deliberate," he said. "They're going to be held over next Wednesday, and so they'll deliberate until they make a decision."
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