Will Trump Testify At Hush Money Trial? Here’s Why Some Lawyers Think It’s Unlikely
KEY FACTS
The defense is expected to start presenting its case next week, after prosecutors said Tuesday that ex-Trump attorney Michael Cohen, who will take the stand for a third day on Thursday, will be their final witness.
Trump’s attorneys aren’t expected to call many witnesses—if any—with attorney Todd Blanche telling the judge Tuesday they have one expert witness they may call, but that’s the only one they have set as of now.
Blanche said Tuesday it’s still unclear if Trump will testify, answering “no” when Judge Juan Merchan asked if the attorney had any “indication” of whether Trump would testify or if any “determination” had been made on the issue.
Trump publicly committed to testifying when the trial first got underway, telling reporters, “All I can do is tell the truth. And the truth is that there’s no case” just before the trial began.
Trump became more noncommittal in an April 26 interview with Newsmax, where he said only that he would testify “if it’s necessary”—and the ex-president has not committed to testifying since, though he did falsely claim a gag order against him barred him from taking the stand, which Merchan swiftly clarified was not the case.
Trump spokesperson Steven Cheung has not yet responded to a request for comment.
TANGENT
It’s common for defendants not to testify in criminal trials, with many defense attorneys believing the risk of a defendant harming their own case outweighs the benefits. When the trial began last month, Merchan reminded jurors Trump has a right not to testify, and if he chooses not to take the witness stand, they can’t hold it against him.
SHOULD TRUMP TESTIFY?
While it’s still up in the air whether Trump will testify, legal experts suggest doing so would hurt the ex-president’s case. “It would be suicide for” Trump to testify, left-leaning attorney Norm Eisen said on CNN Tuesday, arguing there’s “no way” his lawyers would allow him to take the stand. Trump’s former attorney Tim Parlatore said the same on CNN Tuesday, telling Kaitlan Collins that he “personally would suggest that he probably should not” testify. Both Eisen and Parlatore suggested doing so would hurt Trump’s case, with Parlatore arguing it would “significantly increase” Trump’s chances of conviction because “if the jury disbelieves him on anything, however small, that’s something they’re gonna hold against him and be much more likely to convict.” If Trump is convicted, Eisen suggested taking the stand could also lead to a more severe punishment, arguing that if Merchan believes Trump may have lied under oath, “it virtually ensures a sentence of incarceration.” While legal experts suggest Trump’s lawyers are near certain to prefer their client stay off the stand, however, they also note the ex-president has a history of not listening to his attorneys.
WHAT TO WATCH FOR
Any decision on whether Trump will take the stand is likely to be made at the last minute, legal experts have noted, with Parlatore saying the decision will be made “down to the wire” based on whether it’s “worth taking the risk,” and former federal prosecutor Joyce Vance noting in April it’s “unlikely” Trump’s lawyers will decide “until the moment is close at hand.” If Trump’s lawyers don’t take very long to present their defense—whether or not Trump testifies—it’s possible the case could go to the jury as soon as next week. The prosecution is likely to rest its case Thursday or on Monday—the court will be off on Friday for Trump’s son Barron Trump’s graduation—depending on how long Cohen’s testimony runs.
SURPRISING FACT
While this case marks Trump’s first criminal trial, the ex-president has recently taken the stand at several of his recent civil trials, testifying about defamation allegations brought against him by writer E. Jean Carroll and the fraud allegations brought against him and his company. Neither testimony appeared to help his case, as he was found liable in both cases and ordered to pay $88.3 million and $454.2 million, respectively. In his order finding Trump and his co-defendants liable in the fraud case, Judge Arthur Engoron argued Trump “severely compromised his credibility” when testifying, noting the ex-president “rarely responded to the questions asked, and he frequently interjected long, irrelevant speeches on issues far beyond the scope of the trial.”
Trump faces 34 felony charges of falsifying business records in his Manhattan trial, which is one of four criminal cases that’s been brought against the ex-president. The charges stem from a $130,000 payment Cohen made to adult film star Stormy Daniels in the days before the 2016 election in order to cover up her allegations of having an affair with Trump. Trump then allegedly reimbursed Cohen for the payment—paying him $420,000 after adding in other expenses and enough money to cover taxes—which were paid through a series of reimbursement checks throughout 2017. Prosecutors allege those reimbursements were handled through the Trump Organization and falsely labeled as being for legal services, which Trump has denied, as his lawyers have claimed the payments were correctly labeled and tried to distance Trump from the reimbursement scheme. Trump has pleaded not guilty to the charges against him—as well as in his other three cases—decrying the case as a politically motivated “witch hunt” designed to hurt his campaign. The trial, which has been ongoing since mid-April, has included multiple witnesses tying Trump to the hush money scheme, with Cohen directly testifying that Trump approved the Daniels payment and was involved with the reimbursement scheme. As the criminal defendant, Trump has been required to be present in the courtroom every day of the trial—though media reports suggest he has regularly dozed off during the proceedings.
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