Criminal defendants are routinely advised to avoid commenting on pending charges against them. But Donald Trump, the former president and current White House hopeful, is no ordinary defendant.
In his first televised interview since his arraignment last week on federal charges, the former president acknowledged that he delayed turning over boxes of documents despite being asked to do so, drew factually incorrect parallels between his case and classified document probes concerning other politicians, and claimed he didn’t actually have a Pentagon attack plan that the indictment says he boasted about to others.
Those comments like any remarks made by a defendant about an ongoing case could complicate his lawyers’ work, potentially precluding defenses they might have otherwise wanted to make or alternately boxing them into certain arguments so as to remain consistent with their clients’ claims. The interview could give the Justice Department compelling, and admissible, insight into Trump’s state of mind as the case moves forward, allowing prosecutors to preemptively attack defenses he might intend to invoke.
“If my client went on TV and said everything that he said, I might have fainted,” said Jeffrey Jacobovitz, a Washington criminal defense lawyer.
The interview with Fox News aired just hours after a federal magistrate judge granted a Justice Department request for a protective order in the case that would prevent the public disclosure of evidence provided to the Trump team through the information-sharing process known as discovery, though nothing said in the interview would seem to have run afoul of that directive.
It’s part of a long-running pattern by Trump, who is also seeking the 2024 Republican presidential nomination, of commenting openly about legal matters.
