Ryan Routh – accused of attempting to assassinate President Donald Trump when he was a major candidate in the 2024 election at his Florida golf club last year – has chosen to represent himself in court, a decision one legal expert says could prove disastrous.
Cully Simson, a former prosecutor, defense attorney and judge, told Fox News Digital that while the Constitution guarantees the right to self-representation, it’s ‘almost always a mistake.’
‘It really makes no sense for somebody to defend themselves, especially in a serious case,’ he said. ‘They have the right to do it, but it’s not prudent.’
Self-representation creates risks and an unusual courtroom dynamic where the judge and prosecutor ‘have to pull their punches’ to protect the record, and essentially ‘protect the defendant from himself.’
A seasoned defense attorney knows how to put prosecutors to the test, forcing them to prove every element of the case and carefully laying the groundwork for potential appeals. When a defendant represents himself, Simson said, that kind of strategy is completely missing.
‘And so what ends up happening is the judge and the prosecutor has to play, in a weird way, a defensive role, in addition to the role of the judge being a neutral and impartial arbiter of the law, and the prosecutor just be the person who advocates on behalf of the government. You have to essentially protect the defendant from himself, and that is so much more difficult,’ he said.
Simson said defense attorneys typically ‘push the envelope’ and force the government to object, but when someone is representing themselves, lawyers hold back ‘because he’s not going to be smart enough or educated enough to object.’
This can sometimes create an atmosphere where a ‘right to a fair trial’ can become skewed – and it’s something law students study, too.
‘That’s that sophisticated point that law students talk about, and lawyers talk about. If you had a public defender or a private defense counsel who wasn’t very good and made a number of mistakes during the trial, if the guy’s convicted, one of the first things on appeal is you’ll claim ineffective assistance of counsel,’ Simson said.
‘You can’t claim ineffective assistance of counsel when you represent yourself.’
When asked if there were any pros to self-representation in a federal trial, Simson said, ‘I guess one pro would be to conduct his defense exactly how he wanted to.’
‘For example, in the Long Island shooter case, no criminal defense attorney was going to let that nut job act out in court and be the wacko he was,’ he said.
As in the notorious 1993 Long Island Rail Road case, convicted killer Colin Ferguson chose to represent himself and even took the witness stand to question his own victims.
Routh has pleaded not guilty to federal charges of attempting to assassinate a major presidential candidate and assaulting a federal officer. Prosecutors say he was armed with an AK-style rifle when Secret Service agents stopped him near Trump’s golf course in West Palm Beach in September 2024.
The trial is expected to last several weeks, but Trump-appointed Judge Aileen Cannon urged both sides to keep proceedings efficient.
Opening statements are tentatively scheduled for Thursday, Sept. 11, if the panel is seated on time.