'That's just not correct': CNN legal expert says Judge Merchan made an error in Trump case
A CNN legal expert on Saturday put Judge Juan Merchan on notice that he made a mistake during the criminal trial of former president Donald Trump.
Former federal prosecutor Elie Honig appeared on CNN over the weekend to discuss Trump and the criminal charges he's facing. Specifically, the host asked Honig about an interaction in which Merchan, who is overseeing the Trump case, made a comment about what the jury will be deciding.
The host began by quoting Merchan, who said Trump's lawyer's denial of the purported Stormy Daniels affair "puts the jury in a position of having to choose who they believe, Donald Trump, who denies there was an encounter, or Stormy Daniels, who claims that there was one."
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"Elie, an opening statement is not evidence," the host said, asking whether it was "appropriate" for Merchan to make that call.
Honig suggests that the statement by Merchan "is actually legally incorrect."
"The prosecution carries the burden of proof beyond a reasonable doubt, always and forever," he said. "And for the judge to say this is going to come down to a contest of credibility before the before jury, who's telling the truth? Stormy Daniels or Donald Trump? That's just not correct."
Honig went on to say that, if Trump doesn't take the stand, "it's not for the jury to say, well, who do I believe more?"
"It's for the jury to say, has the prosecution proved its case beyond a reasonable doubt?" Honig said. He then compared the situation to Trump versus his former lawyer Michael Cohen.
"What if the jury concludes they're both big fat liars?" he asked. "Which might be the case. Guess what? The verdict is, not guilty. So I actually think the judge mistakes the burden of proof in that excerpt you just showed us."