For weeks, Donald Trump has maintained his silence in a New York courtroom as former associates and employees testify in his criminal hush money trial. However, on Monday, the former U.S. president might seize the opportunity to present his side of the story.
Whether Trump will take the witness stand remains uncertain.
Although he initially expressed his intention to testify before the trial commenced, his lawyer, Todd Blanche, informed the judge last week that they were undecided about this decision. Trump himself declined to disclose to reporters whether he would testify or not.
As the first former president to stand trial on criminal charges, Trump has pleaded not guilty to 34 counts of falsifying business records to conceal a payment made to silence porn star Stormy Daniels just before the 2016 election. Daniels had threatened to publicly disclose an alleged 2006 sexual encounter with Trump, an allegation he denies.
Outside the courtroom, Trump, 77, has denounced the trial as a politically motivated attempt to hinder his bid to reclaim the White House from Democratic President Joe Biden in the upcoming Nov. 5 election.
Within the courtroom, Trump has listened to Daniels’ detailed testimony about their alleged encounter and heard other witnesses discuss efforts to suppress unfavorable stories during a time when Trump faced numerous allegations of sexual misconduct.
Prosecutors anticipate concluding their case on Monday following further testimony from Trump’s former fixer, Michael Cohen, who facilitated the payment to Daniels.
Subsequently, Trump’s legal team will have the opportunity to present their defense, although defense lawyers often forgo this step when they believe the prosecution has failed to prove its case.
Trump’s lawyers have indicated that they do not anticipate requiring much time to call their own witnesses unless Trump chooses to testify.
“If he chooses to testify, Trump will have the opportunity to convince jurors that he was not involved in the paperwork central to the case and to challenge Daniels’ detailed account of their alleged meeting in Lake Tahoe, Nevada.
While unrestrained by a gag order prohibiting him from criticizing witnesses in other settings, Trump would face cross-examination from prosecutors, who could attempt to uncover inconsistencies in his testimony. Any false statements made under oath could lead to additional perjury charges.
Trump’s credibility could be at risk if he veers off-topic or loses his composure on the stand, potentially alienating the jury or damaging his case, according to George Grasso, a retired New York judge.
Though defendants in white-collar criminal cases typically refrain from testifying, Trump would not be alone in doing so. Recent high-profile defendants like cryptocurrency mogul Sam Bankman-Fried and Theranos founder Elizabeth Holmes have taken the stand in their trials, both ultimately convicted of defrauding investors and serving prison sentences.
While the hush money trial is viewed as the least significant of the four criminal prosecutions Trump faces, it is likely the only one to reach trial before the election. Trump faces charges in Washington and Georgia related to efforts to overturn his 2020 election loss to Biden, as well as charges in Florida concerning mishandling of classified documents after leaving the White House in 2021. He has pleaded not guilty in all three cases..
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