The New York criminal trial for former President Donald Trump opened with prosecutors and defense lawyers laying out their respective sides of the case. A main point of contention will be a pivotal August 2015 meeting between Trump, his former fixer Michael Cohen, and the former publisher of the National Enquirer David Pecker, where they allegedly agreed to find and suppress negative stories that could impact Trump’s 2016 presidential campaign. Cohen and Pecker facilitated hush money payments for Trump, and Trump is accused of falsifying documents to hide those payments after becoming president. Both Cohen and Pecker, who have now split from Trump, are expected to be key witnesses for the prosecution.
An open question in the trial is whether Trump will testify in his defense, as he has promised to do. While not obligated to testify, Trump stated that he plans to tell the truth as there is no case against him. However, testifying could lead to uncomfortable questions. A ruling by Judge Juan Merchan stated that prosecutors can cross-examine Trump on various legal setbacks in recent years, but there are limitations on what can be asked, such as his lawsuit against Hillary Clinton and the Trump Organization tax fraud conviction. Trump’s attorneys have suggested that the decision for him to testify will depend on how the trial progresses.
During previous trials where Trump has testified, such as in a defamation case with E. Jean Carroll, he has faced challenges and setbacks. In the Carroll trial, a video of Trump’s deposition was played, where he mistakenly identified Carroll as his ex-wife. Trump briefly took the stand in separate defamation proceedings as well. Despite stating that Trump would be a compelling witness if he testifies, his attorneys have indicated that the decision will be made based on the trial’s progress. Joey Jackson, a legal analyst and criminal defense attorney, highlighted that whether Trump testifies will likely be a game-time decision.
The trial is expected to center around the events of the August 2015 meeting where the alleged agreement to suppress negative stories was made, as well as the subsequent hush money payments facilitated by Cohen and Pecker. Both former associates, now cooperating with authorities, are anticipated to provide significant testimony against Trump. Trump’s previous legal challenges, including a civil fraud verdict, gag order violations, and defamation liabilities, may also come to light during the trial. Despite Trump’s assertions that he will testify to tell the truth, the decision for him to take the stand will be a crucial turning point in the trial. The outcome of the trial remains uncertain, as Trump faces potential scrutiny and tough questions if he decides to testify.
