Brian Klein Quoted by Wall Street Journal in Story about Trump’s Multiple Trials

In an August 29, 2023 story, the Wall Street Journal quoted Waymaker partner Brian Klein about the challenges judges face in deciding whether a presidential candidate’s remarks violate the rules protecting a fair and orderly trial. “They’re going to tread carefully here,” said Brian Klein, a former federal prosecutor and a partner at Waymaker LLP. “Anything that one of these judges does is going to be quickly appealed if it’s adverse to Trump.”

The WSJ story points to one of the exceptional circumstances surrounding the multiple criminal trials faced by the former president. In advance of trial, most defendants do not flout the rules judges establish to preserve an unbiased jury pool and ensure a fair trial. The standard advice of defense counsel is for their clients to keep quiet and avoid antagonize the judge. Trump, however, appears to disregard such advice and regularly attacks the judges and prosecutors saying his speech is protected by the First Amendment.