"Smith wrote on social media that while the prosecution’s star witness, Michael Cohen, was allowed to go "on at length about whether and how his activity violated" the
Federal Election Campaign Act (FECA), he was barred from broadening the scope of his previously anticipated testimony, which "effectively" led to the jury getting "its instructions on FECA from Michael Cohen!"
Bradley Smith was supposed to be a defense witness in the NY v. Trump case. (Douglas Graham/Roll Call/Getty Images/File)
Smith spoke with the
Washington Examiner on Monday and discussed what he would have said in court if he testified.
"Judges instruct the juries on the law," Smith told the outlet. "And they don’t want a battle of competing experts saying here’s what the law is. They feel it’s their province to make that determination. The problem, of course, is that campaign finance law is extremely complex and just reading the statute to people isn’t really going to help them very much."
Smith said he anticipated "to lay out the ways the law has been interpreted in ways that might not be obvious" while noting election laws are very complicated matters."