‘There’s Nothing Illegal About Politicizing An Indictment’: CNN Legal Expert Scolds Judge Who Smacked Trump Down

CNN legal analyst Elie Honig sided with ex-President Donald Trump and scolded the judge for weighing in on whether Trump should be politicizing the cases against him.

Fulton County Superior Court Judge Robert McBurney shaded Trump in an order denying Team Trump’s motion to quash the grand jury investigation headed by Fulton County District Attorney Fani Willis, and to have Willis “disqualified” from the matter. In several footnotes and asides, the judge commented on the merits of Trump’s arguments in scathing terms.

On Tuesday morning’s edition of CNN This Morning, co-anchor Poppy Harlow noted one such “striking” passage in which the judge commented on Trump “capitalizing” on the case.

Honig repeatedly scolded McBurney for weighing in, pointing out “There’s nothing illegal about politicizing an indictment”:

POPPY HARLOW: Judge Robert McBurney, he wrote something really interesting that ties to the point that that that Phil and Errol are making. And he said he talked about Trump’s efforts to capitalize on these legal woes. And he said, and for some, quote, “being the subject of a criminal investigation, can a la Rumplestiltskin be turned into a golden political capital, making it seem more providential than problematic.”

That was striking.

ELIE HONIG: Yes. So that motion was procedurally and legally flawed, I think. I think I gave it a 0% chance of success on this show, which I don’t often do. Thankfully, that turned out to be correct.

But I’m going to differ with the judge. I’m going to take issue with that statement by the judge. There’s nothing illegal about politicizing an indictment! You’re actually allowed to do that. You’re allowed to fundraise off of “I’ve been indicted and this is unjust.”

POPPY HARLOW: He’s not saying it’s illegal, but he’s pointing it out. That’s what was notable.

ELIE HONIG: He should not be the police of manners here. The judge should be worried about the law and conflict of interest. In fact, finally, Willis has fundraised, the DA off of this case. That is ethically questionable.

POPPY HARLOW: When she was running.

ELIE HONIG: Yes, she has used subpoenas in this case to say, “Hey, everyone, I just subpoenaed Lindsey Graham, a Republican senator, donate to me.”.

I think that’s an ethical problem. Donald Trump doing what he’s doing is distasteful, is perhaps manipulative, as Errol and Phil pointed out, of people who are donating to him, who don’t quite realize this money is not going for yard signs. It’s going for lawyers to make sure people don’t flip, but it’s not illegal. And I actually think it’s beyond the judge’s province to get into that.

Watch above via CNN This Morning.

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