Stormy Daniels' testimony in the New York paperwork trial of former President Donald Trump was "a manifest injustice," according to former acting Attorney General Matthew Whitaker to Newsmax on Wednesday.
"Typically, in a trial, you know the witness schedule, who follows which witness," Whitaker told "Wake Up America." "They are playing games and the judge is allowing them to do it.
"It is a manifest injustice and I think it goes to the fundamental fairness. It's why yesterday I believe that the judge should have issued a mistrial because all of this prejudicial information was getting in, was tainting the jury.
"I don't know how this can be viewed as a fair trial going forward, but they are hell bent on convicting Donald Trump, no matter what, and just letting that sit over the 2024 election. It's really, I think, just so fundamentally unfair."
When asked about Daniels' testimony on Tuesday, in which she said she hated Trump, Whitaker said such testimony was irrelevant and prejudicial to the members of the jury.
"It shouldn't be allowed and remember that the test for this type of testimony is it more probative than prejudicial?" he said. "And, in this case, this had no probative value to the jury. It was salacious. It had nothing to do with the underlying documents and election interference … so it should have been completely excluded.
"And the other thing is that even Judge Merchan during the break admitted that some of that evidence should have never been allowed to get in, that the witness had kind of gone off the guardrails, and I think that is a big problem for this case.
"Our country and the world is watching, and if our system of justice is this much of a kangaroo court, it does not bode well for the future of the republic."
Whitaker added "Juan Merchan is doing a terrible job as the judge," but the left is getting "exactly what [it] wants" regardless of the "travesty of justice" that is occurring.
"[The media] can report a now [on an] 18-year-old alleged interaction the president has denied in breathless detail and keep him off the campaign trail," he said. "He should have been in Florida; he should have been in Indiana.
"But, more importantly, he should have been in the swing states like North Carolina and Georgia and the like, talking about the contrast between Joe Biden and his terrible policies and high inflation and a crashing economy, and contrast that with what Donald Trump was able to accomplish in his four years."
About NEWSMAX TV:
NEWSMAX is the fastest-growing cable news channel in America!
- Find Newsmax channel in your home via cable and satellite systems – More Info Here
- Watch Newsmax+ on your home TV app or smartphone and watch it anywhere! Try it for FREE – See More Here: NewsmaxPlus.com
Nicole Weatherholtz ✉
Nicole Weatherholtz, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.
© 2026 Newsmax. All rights reserved.