Manhattan District Attorney Alvin Bragg has stated that if former President Donald Trump chooses to testify in his New York criminal trial, prosecutors intend to question him about a series of recent legal defeats to challenge his credibility. These defeats include a large civil fraud judgment, multiple civil federal jury verdicts finding him liable for defamation and sexual abuse, violations of gag orders, and sanctions for a lawsuit deemed “frivolous” by a judge. The topics would be addressed in a Sandoval hearing, but only if Trump decides to testify, as the judge has not yet set a date for the hearing.
Trump’s attorneys argue that these topics should not be allowed in the trial, and the judge will ultimately determine which issues can be raised by prosecutors. Trump has pleaded not guilty to 34 felony counts related to falsification of business records, concerning reimbursements to his former lawyer for a payment to Stormy Daniels during the 2016 election. Trump denies the allegations and has stated that he did not have an affair with Daniels. Jury selection is currently ongoing for the trial, where Bragg plans to highlight Trump’s testimony in the civil fraud case, where he was found to have falsified business records.
In the civil fraud case, Trump has been found to have repeatedly falsified business records, conspired to do so, issued fake financial statements, and conspired to commit insurance fraud. Trump has denied these allegations and is appealing the judgment. Despite his willingness to testify, Trump cannot be penalized for choosing not to do so due to the Fifth Amendment, which prohibits the jury from drawing negative conclusions about the defendant’s silence. Trump has accused attorneys and prosecutors involved in these cases of targeting him for political reasons, claiming it is a scam to tarnish his reputation.
Trump expressed a willingness to testify in the trial, stating that it could potentially increase his popularity as people would see the trial as a scam. However, whether Trump chooses to testify remains up to him, and prosecutors have listed several areas of alleged misconduct to challenge his credibility if he does choose to testify. The judge will decide on the permissible scope of cross-examination in the Sandoval hearing, and the trial will proceed based on the evidence presented by both parties. Trump’s legal team will continue to argue that certain topics should be excluded from the trial, while Bragg intends to push for a full examination of Trump’s prior actions and statements in court.
