Former President Donald Trump may be able to fire attorney Todd Blanche amid reports that he has become frustrated with his approach in the hush money payment trial, legal experts told Newsweek.
Trump is facing trial in New York City for charges of falsifying business documents in connection to a payment allegedly made to adult film actor Stormy Daniels during his 2016 presidential campaign. Manhattan District Attorney Alvin Bragg, who is leading the prosecution, accused Trump of making the payment to prevent her from speaking publicly about her claims of having an affair with him.
Trump—the presumptive Republican presidential nominee and former host of reality TV shows The Apprentice and The Celebrity Apprentice, where he was known for telling contestants "you're fired"—pleaded not guilty to all charges and has denied having an affair with Daniels. He has accused Bragg of targeting him for political purposes, equating the trial to election interference.
Recent reports have said that Trump may be frustrated with Blanche amid the trial. The New York Times reported this week that Trump has voiced frustration that he has not been "aggressive" enough in his defense. ABC News reported on Thursday that Trump "glared" at Blanche after he agreed that Trump did not need to make comments to reporters in the hallway of the courtroom.
Although Trump has not publicly expressed interest in firing anyone on his legal team thus far, he may have the ability to do so. Firing his attorney, however, may not be in his best interest legally, former federal prosecutor Gene Rossi told Newsweek on Friday.
A defendant is generally able to remove their lead counselonce the trial has begun as long as they are able to show their relationship has "irreparable" damage, Rossi said. Doing so would take a few hours or a day, as Judge Juan Merchan, who is overseeing the trial, would instruct backup counsel to quickly take over.
However, he warned this may be a "horrible look" to the jury but that Trump may end up considering doing so for "political benefit," as he has sought to paint the trial as fundamentally unfair to him.
"The jury won't be told why [the] attorney left [the] case but will wonder why he is not present, and the jury's inference will not be positive for Mr. Trump," Rossi said.
Michael McAuliffe, a former federal prosecutor and former elected state attorney, told Newsweek on Friday that Trump firing an attorney would be a process that is "very involved and would include Trump having to make specific representations to the judge under oath and in public" and could turn into a "legal circus."
Instead, Trump would be more likely to reshuffle his legal team by demoting Blanche, according to McAuliffe.
"Trump treats his lawyers like they are simple extensions of his own persona. Over time, Trump can't accept any deviation from someone, even an experienced trial counsel, being his faithful disciple, subject to the client's every whim and thought," McAuliffe said.
Former federal prosecutor Neama Rahmani told Newsweek that Trump could fire his attorney as long as it does not interrupt or delay the trial.
"Trial judges loathe wasting jurors' time. So unless one of Trump's other lawyers can immediately step in and take over the case, Judge Merchan will not allow Trump to fire Blanche," he said.
Peter Zeidenberg, also a former federal prosecutor, told Newsweek that even though Trump could fire a lawyer, he will not do so.
"His grumbling about a lawyer is hardly surprising. He won't fire Blanche who, by all accounts, is doing a credible job," he said.
Jason Miller, a senior adviser to the Trump campaign, wrote in a statement to Newsweek: "President Trump and his legal team are fully focused on fighting this ridiculous Manhattan trial, which now includes an unconstitutional Gag Order depriving him of his First Amendment rights. Anonymous comments from people who aren't in the room are just that - anonymous comments from people who aren't in the room. I would be highly skeptical of any gossip or hearsay surrounding this case."
Update 5/3/24, 12:01 p.m. ET: This article has been updated with comments from Zeidenberg and Miller.
Correction 5/3/24, 1:47 p.m. ET: This article has been corrected to reflect that a defendant can remove their lead counsel during the trial.
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Andrew Stanton is a Newsweek weekend reporter based in Maine. His role is reporting on U.S. politics and social issues. ... Read more
