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Prosecutors and protection legal professionals for former President Donald Trump opened the New York criminal trial on Monday by laying out their opposing sides of the case.
It’s clear {that a} most important level of rivalry will likely be what occurred at a pivotal August 2015 meeting between Trump, his former fixer Michael Cohen and the previous writer of the Nationwide Enquirer David Pecker at which they’re mentioned to have agreed to seek out and suppress destructive tales that might have an effect on Trump’s 2016 presidential marketing campaign.
Cohen and Pecker would go on to facilitate hush cash funds that benefitted Trump. The crime Trump is accused of committing is falsifying paperwork to cover these funds after he turned president. Cohen went to jail after pleading responsible to violating marketing campaign finance regulation. Pecker has cooperated with authorities.
Cohen and Pecker, each now break up from Trump, will likely be key witnesses for the prosecution, and they’re anticipated to element what they are saying occurred at this assembly the place they conspired to seek out and kill tales unflattering to Trump.
Smerconish: Will Trump testify?
An open query will likely be whether or not the third individual in that assembly, Trump, will take the stand in his personal protection to offer his facet of the story.
Whereas he’s below no obligation to testify, Trump has promised he’ll. Requested by a reporter at Mar-a-Lago earlier this month earlier than the beginning of jury choice if it could be dangerous for him to take the stand, right here’s what he mentioned:
“I don’t know, I’m testifying. I inform the reality. I imply, all I can do is inform the reality. And the reality is that there’s no case, they don’t have any case,” Trump mentioned.
Final week, Trump advised reporters exterior the courtroom that he needs to testify.
However taking the stand may result in Trump, below oath, being requested some very uncomfortable questions.
What prosecutors can and can’t ask Trump if he testifies
Choose Juan Merchan, in a ruling concerning the scope of what Trump might be requested, took an expansive perspective, as CNN’s reporters within the courtroom, Kara Scannell, Lauren del Valle and Jeremy Herb, observe.
They add of their real-time courtroom posts that prosecutors can cross-examine Trump on a number of authorized setbacks in recent times:
► $464 million civil fraud verdict – Trump was discovered to fraudulently inflate the worth of his properties.
► Gag order violations – These had been dedicated throughout the civil fraud trial for which Trump was fined $15,000.
► Defamation and sexual abuse legal responsibility – Juries in federal courts discovered that Trump defamed former journal columnist E. Jean Carroll when he denied her rape allegations. Trump was ordered to pay $83.3 million.
► His failed basis – Trump reached a settlement with the New York lawyer normal that led to the dissolution of his namesake basis.
Merchan dominated prosecutors couldn’t ask Trump, if he testifies, about his lawsuit in opposition to Hillary Clinton {that a} choose mentioned was frivolous or the 2022 Trump Group tax fraud conviction in opposition to his firm.
In a CNN Opinion piece, Joey Jackson, a CNN authorized analyst and legal protection lawyer, described what sort of protection he expects from Trump’s group throughout the trial. Jackson argued that it doesn’t matter what Trump says, whether or not he testifies “will seemingly be a recreation time resolution.”
When CNN’s Jake Tapper requested Will Scharf, certainly one of Trump’s attorneys, if he believes Trump ought to testify, Scharf additionally mentioned that call must be primarily based on “how the trial proceeds.”
“I’ve mentioned that I believe President Trump will likely be a compelling witness if he does testify, as a result of on the finish of the day, he did nothing improper,” Scharf mentioned.
When juries and a choose have seen Trump testify, he misplaced
The primary Carroll trial jury in 2023 was performed a videotape of Trump’s deposition by legal professionals. At one level in that testimony, Trump mistook a photograph of Carroll for his ex-wife Marla Maples. Read more about key moments from the video.
Trump briefly took the stand in separate defamation proceedings in January 2024.
Trump, in sworn deposition, discusses enterprise losses
At his civil fraud trial in 2023, there was no jury, however Trump did take the stand throughout the proceedings. He introduced a bombastic and combative model that drew rebukes from the choose within the case, Arthur Engoron, who later ordered Trump to pay a $355 million penalty.
Even when he doesn’t testify below oath within the New York legal trial, Trump has already mentioned fairly a bit concerning the case – feedback that might presumably be introduced into proof. Throughout feedback exterior the courtroom final week, he tried to elucidate the funds reimbursing Cohen for the fee to the grownup movie actress Stormy Daniels.
“I used to be paying a lawyer and we marked it down as a authorized expense,” Trump mentioned. “Some accountant I didn’t know marked it down as a authorized expense. That’s precisely what it was, and also you get indicted over that?”
In a collection of tweets in Could 2018, earlier than Cohen’s ultimate guilty plea, Trump admitted to paying Cohen and mentioned that cash was a “reimbursement.”
Listed here are these Trump tweets all collectively:
Mr. Cohen, an lawyer, obtained a month-to-month retainer, not from the marketing campaign and having nothing to do with the marketing campaign, from which he entered into, by reimbursement, a non-public contract between two events, generally known as a non-disclosure settlement, or NDA. These agreements are…..
…quite common amongst celebrities and folks of wealth. On this case it’s in full drive and impact and will likely be utilized in Arbitration for damages in opposition to Ms. Clifford (Daniels). The settlement was used to cease the false and extortionist accusations made by her about an affair,……
…regardless of already having signed an in depth letter admitting that there was no affair. Previous to its violation by Ms. Clifford and her lawyer, this was a non-public settlement. Cash from the marketing campaign, or marketing campaign contributions, performed no roll on this transaction.
Prosecutors additionally advised jurors they may hear recordings Cohen fabricated from conversations during which he and Trump focus on the funds.
One different key factor to notice out of the prosecution’s opening assertion is that they need to painting this case as an election interference case somewhat than a hush cash case.
“They’re reframing this,” CNN’s Paula Reid mentioned of prosecutors. “Not simply as a paperwork crime and an effort to cowl up this hush cash fee by falsifying enterprise information, however as an effort to intervene within the 2016 election.”