This is a special edition of Opinion Today on Donald Trump's hush-money trial, featuring insights from contributors to The Point, Opinion's blog. Today, Jonathan Alter reports from inside the courthouse.
Donald Trump always wears a red necktie, right? Not anymore. For the last four days in court he's gone with a blue one. Whether this is a lame bid for the sartorial sentiments of blue-state jurors or just a reflection of his mood, he heard more bad news in court on Monday. We learned that if Trump testifies in his own defense, he will be chewed up on cross-examination. Justice Juan Merchan ruled that Trump can be questioned about lies he told in four of six prior judicial proceedings, including the E. Jean Carroll case and the ruling that the Trump Foundation was a fraud. Only a foolish megalomaniac would take the stand under such circumstances — so perhaps he will.
Merchan also made it very clear he doesn't approve of "jury nullification," instructing jurors, who seemed very attentive, that they must convict him if they are convinced beyond a reasonable doubt that he is guilty. In the prosecution's opening statement, Matthew Colangelo outlined what his team calls the August 2015 "Trump Tower conspiracy" hatched by Trump, Michael Cohen and David Pecker, boss of The National Enquirer, who began his testimony later in the day. Colangelo previewed a large amount of evidence that will corroborate Cohen's testimony about the falsified business records (including handwritten notes) that will most likely be damaging to Trump. The worst day for Trump could come when the prosecution plays a September 2016 taped call in which Trump can be heard asking Cohen, "So what do we have to pay for it? 150?" (Meaning $150,000.) The answer was $10,000 more. Colangelo concluded: "It was election fraud. Pure and simple." By saying of Trump, "he's a man, he's a husband, he's a father, he's a person like you and me," Todd Blanche, Trump's lead attorney, seemed to be setting up a defense partly based on Trump not wanting the Stormy Daniels story made public in order to protect his family. But Cohen and others are expected to testify that Trump tried to avoid paying the hush money on the theory that it wouldn't matter if the story came out after the election. So much for shielding Melania. The Trump lawyers are denying everything — the alleged affairs and the cover-up — which is unlikely to be persuasive. But they may have better luck arguing that for all the prosecution's talk of conspiracy, that wasn't a count in the indictment. Blanche's best line was: "Spoiler alert: There's nothing wrong with trying to influence this election. It's called democracy." What the jurors don't know yet and won't learn until the judge instructs them just before they deliberate is that there is nothing in New York state law requiring prosecutors to prove that Trump broke tax laws, campaign finance laws or conspiracy laws to win a felony conviction. All they need to do is prove that Trump intended to do wrong in these areas.
And by insisting that Trump is completely innocent, his lawyers have made it harder for the jury to convict him of just misdemeanors, not felonies. But it will be a few weeks before the jury understands all of that. What's ahead: Will Trump be punished for violating the gag order?
Tomorrow morning, Justice Juan Merchan is scheduled to rule on a request by prosecutors to sanction former President Donald Trump for what they contend are violations of the gag order imposed on him on March 26 and expanded on April 1 when Trump attacked Merchan's family online. Prosecutors have described Trump's posts on Truth Social, as well as those from his campaign website, as violations of the gag order. Merchan must now decide whether Trump can be found to be in contempt of court. Here's what to know:
More on Trump's trial:
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Monday, April 22, 2024
Opinion: The ‘Trump Tower conspiracy,’ and what’s next at the trial
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