Trump is being forced into a 'huge disadvantage for his defense' at trial: ex-prosecutor

Former U.S. President Donald Trump appears in a Manhattan court during his arraignment on April 4, 2023, in New York City. - Seth Wenig/Getty Images North America/TNS

Donald Trump is being forced to be in court every day as his first criminal trial unfolds, and that is a "huge disadvantage" for his defense, according to a former prosecutor Sunday.

David Henderson, a legal analyst described by CNBC as "a seasoned trial lawyer, civil rights attorney, and communications consultant," appeared on MSNBC's Ayman to talk about Trump's upcoming criminal trial.

Specifically, the host asked asked if the former president will be able to use the mandatory court appearances as campaign events.

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Henderson said he doesn't think anything that happens inside the courtroom will help Trump to spin the narrative outside of the courtroom, and added that he expects all the same "antics" that Trump has brought to his civil cases.

But Henderson also flagged how Trump being forced into court is a departure from his civil trials, and how it could hurt him.

"To your point, him inside of the courtroom every day is a huge disadvantage to his defense," he said. "When you see him being absent from the courtroom that is not because he does not want to be there. Any smart trial lawyer would say you have a habit of making faces, you make noises, you can not help yourself attacking the judge, it is better if you are only there when you literally have to be there."

He continued:

"You start whining and making faces and pouting in front of the judge, what tends to happen in a trial is things stop going your way with important evidence rulings that can effect the outcome of the case," he added.

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