Donald Trump's lawyer finds himself in a difficult position as he is reportedly being asked to be more aggressive in the former president's hush money trial, a move that could see him sanctioned by the judge presiding over the case.
"Although Mr. [Todd] Blanche has been Mr. Trump's favorite lawyer for some time, behind closed doors and in phone calls, the former president has complained repeatedly about him in recent weeks, according to four people familiar with the situation," The New York Times reported on Thursday.
Newsweek sought email comment from Blanche and Trump attorney Chris Kise on Thursday.
Trump, the presumptive Republican presidential nominee, is the first former president in United States history to stand trial in a criminal case. He has pleaded not guilty to 34 counts of falsifying business records to hide payments to adult film star Stormy Daniels during the 2016 campaign.
Manhattan District Attorney Alvin Bragg seeks to prove that before the 2016 presidential election, Trump paid, or discussed paying, Daniels not to discuss an alleged affair they had. Trump denies the affair.
The New York Times article alleges that Trump "has griped that Mr. Blanche, a former federal prosecutor and veteran litigator, has not been following his instructions closely, and has been insufficiently aggressive. Mr. Trump wants him to attack witnesses, attack what the former president sees as a hostile jury pool, and attack the judge, Juan M. Merchan."
"Mr. Trump, who often complains about legal fees and sometimes refuses to pay them, has also wondered aloud why his lawyers cost so much, according to the people, who all spoke on the condition of anonymity to discuss the sensitive topic," the article added.
In response to the claim, Jason Miller, a Trump campaign senior adviser, told The New York Times that "anonymous comments from people who aren't in the room are just that.
"I would be highly skeptical of any gossip or hearsay surrounding this case."
Blanche appears to be in a tricky position where he risks displeasing his client if he does not follow his instructions by being more aggressive but could equally risk the wrath of the judge if he does.
In a column in The Daily Beast, attorney Mark Hermann wrote that Blanche could be sanctioned by Merchan if he were to follow Trump's demands to be more aggressive.
"For Todd Blanche's sake, I hope he sticks to his guns," Hermann wrote. "Trump has led a consequence-free life. But lawyers—litigators, in particular—do not live consequence-free lives.
"When a litigator writes a brief, a highly motivated opponent [the lawyer on the other side of the case, paid to prove the scrivener wrong] writes an opposing brief, catching any misstatements in the original brief and casting even correct statements in the most disparaging light. Those briefs are then assessed by a neutral person [a judge] who rewards the honest and clever and punishes the dishonest and foolish.
"When a lawyer argues orally in court, every word the litigator speaks is challenged by a motivated opponent. Lawyers learn quickly not to overstate things; you pay an immediate price for overreaching.
"If litigators do overstep the bounds, the lawyer is likely to be punished in a way that affects his or her career. If the lawyer files a frivolous lawsuit or motion, the lawyer can be sanctioned—either monetarily or by referral to a bar association."
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