Gowdy on Trump: How Do You Convince a Jury that the Fact Don’t Match the Law if the Judge Doesn’t Allow You to Argue the Law?

RUSH TRANSCRIPT:
ASMAN: “You said something earlier, kind of unusual for the judge to invite the jury to ask questions. Usually the judge doesn’t go through all that and leave them on their own to come up with a decision. I think back to when he didn’t allow Brad Smith to talk about federal election law because he said I want to do it. He said we have full-screen, he said the other day on Tuesday, stay away from the law, stay away from the law, stay away from the law, he repeated that three times, he said that’s my job. I will take care of it. Again, he wants to control the narrative even if other people know better about the law than he does, I am talking about Brad Smith.”

GOWDY: “I was in the courtroom when he said that. My reaction was to be stunned. If you are the lawyer giving summation, the job of the jury is to apply the facts to the law. How can a lawyer make an argument, closing argument to the jury whether you are a prosecutor or defense attorney without making reference to the law. What I used to say is I think the judge is going to tell you the law was x. if he tells you something or she tells you something otherwise, follow what the judge tells you. Every judge in America will allow you to say that except the one presiding over this trial. He has made it clear one of the few times he ever sustained an objection against the prosecution by the defense was because they were talking about the law. How do you convince a jury that the fact don’t match the law if the judge is not allowing you to argue the law. I’ve never seen that before. I’ve never seen a judge not allow the jury instructions to go back with the jury. How can you remember fiftysomething pages work of archaic legal instruction based on your memory. How can you do that?”