The New York criminal trial involving former President Donald Trump began with prosecutors and defense lawyers presenting their sides of the case. The main point of contention revolves around a pivotal meeting in August 2015 between Trump, his former fixer Michael Cohen, and David Pecker, the former publisher of the National Enquirer. During this meeting, they allegedly agreed to suppress negative stories that could impact Trump’s 2016 presidential campaign. Cohen and Pecker were later involved in facilitating hush money payments to benefit Trump, with the crime Trump is accused of committing being falsifying documents to hide these payments after he became president. Cohen went to prison for violating campaign finance law, while Pecker has cooperated with authorities. Both Cohen and Pecker, now split from Trump, are expected to be key witnesses for the prosecution and detail what occurred at the meeting.
An open question remains as to whether Trump will testify in his own defense during the trial. While he is not obligated to testify, Trump has expressed his intention to do so, stating that he will tell the truth. However, taking the stand could lead to uncomfortable questions for Trump. Judge Juan Merchan ruled on the scope of what Trump could be asked if he testifies, allowing prosecutors to cross-examine Trump on various legal setbacks he has faced in recent years, such as a civil fraud verdict, gag order violations, defamation and sexual abuse liability, and his failed foundation. However, there are limitations on what prosecutors can ask Trump, including his lawsuit against Hillary Clinton and the 2022 Trump Organization tax fraud conviction.
In a CNN Opinion piece, it was discussed what type of defense can be expected from Trump’s legal team during the trial. The decision on whether Trump will testify will likely be made as the trial progresses. Trump’s attorney, Will Scharf, believes that Trump would be a compelling witness if he does testify, asserting that Trump did nothing wrong. However, past instances where Trump has testified have not ended in his favor. For instance, during the first trial involving E. Jean Carroll, a videotape of Trump’s deposition was played for the jury, and Trump mistakenly identified a photo of Carroll as his ex-wife. Trump also briefly took the stand in separate defamation proceedings in January 2024.
The outcome of the trial may be influenced by whether or not Trump chooses to testify and how his testimony is perceived by the jury. If Trump decides to take the stand, he could face challenging questions from prosecutors regarding various legal issues he has been involved in. While Trump maintains that he will tell the truth and believes he has done nothing wrong, past instances of Trump testifying have not been in his favor. Ultimately, the decision on Trump’s testimony and the strategy of his defense team will significantly impact the trajectory of the trial and its outcome.
