Trump trial judge didn’t overrule all defense objections and sustain all prosecution objections

It’s no secret that former President Donald Trump and his allies believe Juan Merchan, the Manhattan judge overseeing Trump’s falsifying business records trial, has it out for the high-profile defendant. 

Trump has called Merchan "highly conflicted" and "Trump-hating." Earlier in the trial, Trump misleadingly claimed Merchan prevented him from attending his son Barron’s high school graduation. At the time, Merchan hadn’t yet decided the trial schedule, and court proceedings were later paused to allow Trump to attend.

Trump was found guilty May 30 on all 34 felony counts of falsifying business records as part of an alleged plan to cover up a hush money payment to adult film actor Stormy Daniels before the 2016 presidential election.

But before the verdict came, and as Trump’s trial reached closing arguments May 28, Fox News host Jesse Watters claimed that Merchan had shown favor to the prosecution.

Alina Habba, a spokesperson for Trump’s legal team, joined Watters on "Jesse Watters Primetime" on May 28 to discuss the court proceedings. Watters asked Habba to weigh in on the courtroom proceedings. 

"So, we’re hearing from inside the court — and you can confirm this — every time defense raise an objection, overruled," Watters said.

"Overruled," Habba agreed.

Watters said the "judge overrules every objection from the defense and sustains every objection from the prosecution." 

(Internet Archive)

That description doesn’t align with actual events.

News reports show that objections from Trump’s defense team were sustained multiple times May 28 and some objections from the prosecution were overruled. 

Also, a review of transcripts from the trial’s earlier days show Merchan sustained and overruled objections from lawyers on both sides on numerous occasions. 

We contacted Fox News and a spokesperson did not provide evidence for the claim. 

First a note about legal terminology. A lawyer objects when they feel that the opposing counsel has violated rules of evidence. The judge must rule on that objection immediately by either sustaining the objection or overruling. If the judge overrules, that means the judge determined the objection was invalid; if the judge sustains the objection, it means the judge believes it to be valid under the rules of evidence.

Featured Fact-check

X posts

stated on October 27, 2024 in Social media posts

Photo shows people lined up outside Madison Square Garden before an Oct. 27 rally by former President Donald Trump.

It’s unclear whether Watters’ characterization of Merchan’s objections was limited to the closing arguments, but we started there.

Reporting about the courtroom proceedings showed that Merchan sustained more than one objection from the defense May 28. 

In a live update at about 7 p.m., The Associated Press reported that the defense objected to prosecutor Joshua Steinglass’ argument about threats Stormy Daniels faced. Trump lawyer Todd Blanche said the argument was "extraordinarily prejudicial," and Merchan told Steinglass to move along, The Associated Press wrote. 

At 7:45 p.m., NBC News reported that Merchan sustained another defense objection over comments the prosecution made to the jury about their deliberation process. Merchan interjected after sustaining the objection, saying that he would instruct the jury "on the law and the evidence." 

At about 8 p.m., near the end of the prosecution’s five-hour closing argument, CBS News reported that Steinglass said: "He got his day in court. Donald Trump can’t shoot someone in rush hour on Fifth Avenue and get away with it," referring to Trump’s 2016 remark that he could shoot someone without losing voters. 

The defense raised an objection that Merchan sustained, according to CBS.

Earlier in the day, The New York Times reported that prosecutors’ objections were overruled at least twice.

"Prosecutors have objected to Blanche twice, with one objection overruled and one sustained, as he tries to refer to (former media executive David) Pecker saying he consulted lawyers about this deal," New York Times reporter Maggie Haberman wrote around 11 a.m. during the defense team’s closing arguments. "Blanche appears briefly flummoxed."

Then, just after noon, Haberman wrote: "Todd Blanche is now arguing that Stormy Daniels was called to testify in order to inflame the jurors’ emotions and to embarrass Trump. Prosecutors object, but Justice Merchan allows it." 

Aaron Blake, a political reporter covering the trial for The Washington Post, said on X that Merchan had "sustained 6 objections from the defense" and "overruled 8 objections from the prosecution," according to the transcript. 

PolitiFact also reviewed the transcripts from several earlier days of the trial. Throughout the trial, Merchan regularly sustained and overruled objections from prosecution and defense lawyers, the documents showed. 

On April 23, for example, jurors heard testimony from Pecker, whose company published the National Enquirer. Pecker described his efforts to help bury unflattering stories about Trump during the 2016 presidential campaign. That day, the defense raised at least 12 objections; Merchan sustained five and overruled seven. 

On May 10, Trump’s former White House assistant Madeleine Westerhout testified, saying she remembered that Trump had been upset and concerned for his family after the Stormy Daniels hush money payments became public. The prosecution objected at least 16 times May 10. Merchan overruled half those objections and sustained the other half. 

Watters said May 28 that during Trump’s trial, Merchan had overruled every objection from the defense and sustained every objection from the prosecution.

News reports from the closing arguments that day show that Merchan sustained at least three objections from the defense and overruled at least two objections from the prosecution. 

Trial transcripts also show that throughout the trial, Merchan regularly sustained and overruled objections from prosecution and defense lawyers. 

We rate this claim False.

RELATED: Fact-checking the False claim that the Trump’s NY jury verdict doesn’t have to be unanimous

RELATED: Trump N.Y. trial countdown: What happens after the jury’s verdict?