Legendary defense attorney and former Harvard law professor Alan Dershowitz says Judge Juan Merchan behaved like an “absolute tyrant” during former President Donald J. Trump‘s Manhattan-based hush money trial on Monday. In an op-ed for the New York Post, Dershowitz blasted the Democrat-aligned judge over his political bias and treatment of Trump’s legal defense team.
Dershowitz noted Judge Merchan’s seemingly consistent rulings against the defense and excluding what he described as “obviously relevant evidence” while allowing the prosecution to present “irrelevant evidence.” He emphasized that, in his 60 years of legal experience across multiple countries, he had never witnessed a judge behave like Merchan.
The former Harvard law professor also shed further light on a fiery exchange between Merchan and defense witness Robert Costello — which resulted in Judge Merchan briefly clearing the courtroom. According to Dershowitz — who was able to remain in the chamber despite the judge’s order — the judge threatened the witness, telling him he would “strike all of Costello’s testimony if he raised his eyebrows again.”
Before clearing the room, Merchan repeatedly chastised Costello for rolling his eyes and making utterances in response to the judge’s rulings on the prosecution‘s objections. Dershowitz argued Merchan’s threat was unconstitutional, potentially violating Trump’s Sixth Amendment right to a fair trial and to confront witnesses. He called Merchan’s response to Costello “absolutely outrageous, unethical, unlawful and petty.”
Such judicial conduct, Dershowitz contends, demonstrates a significant bias against the defense.
