The New York criminal trial against former President Donald Trump commenced on Monday, with both the prosecution and defense presenting their opening arguments. The crux of the dispute appears to revolve around an August 2015 meeting involving Trump, his former attorney Michael Cohen, and ex-National Enquirer publisher David Pecker. The trio allegedly conspired to suppress negative stories that could potentially harm Trump’s 2016 presidential bid.
Cohen and Pecker, who have since distanced themselves from Trump, played instrumental roles in arranging hush money payments that benefitted Trump. The former president stands accused of falsifying documents to conceal these payments after assuming office. Cohen served prison time after admitting to campaign finance law violations, while Pecker has cooperated with the authorities.
Both Cohen and Pecker are expected to serve as crucial witnesses for the prosecution, providing detailed accounts of the controversial meeting. The question remains whether Trump will testify in his own defense. Despite not being legally obligated to do so, Trump has expressed his intention to testify.
Trump’s Potential Testimony
Trump’s decision to testify could expose him to a series of uncomfortable questions under oath. Judge Juan Merchan, ruling on the scope of permissible questions, has adopted a broad approach. Prosecutors are allowed to cross-examine Trump on several legal setbacks he has faced in recent years, including a $464 million civil fraud verdict, gag order violations, defamation and sexual abuse liability, and the dissolution of his namesake foundation.
However, Merchan ruled that prosecutors cannot question Trump about his frivolous lawsuit against Hillary Clinton or the 2022 Trump Organization tax fraud conviction against his company.
Trump’s Defense Strategy
In a CNN Opinion piece, legal analyst Joey Jackson speculated on the defense strategy Trump’s team might employ during the trial. Jackson suggested that the decision for Trump to testify would likely be made based on the trial’s progression. Will Scharf, one of Trump’s attorneys, echoed this sentiment, stating that Trump would make a compelling witness if he chose to testify.
Trump’s Previous Testimonies
Trump’s past testimonies have not always worked in his favor. In the first Carroll trial in 2023, a videotaped deposition of Trump was played, during which he mistook a photo of Carroll for his ex-wife Marla Maples. Trump also testified in separate defamation proceedings in January 2024 and during his civil fraud trial in 2023, where his combative style drew criticism from the presiding judge.
Trump’s Public Comments on the Case
Even if Trump chooses not to testify under oath, his public comments about the case could potentially be used as evidence. He has previously attempted to justify the payments made to Cohen for the Stormy Daniels settlement, stating that they were marked as a legal expense. In a series of tweets in May 2018, Trump admitted to reimbursing Cohen, asserting that campaign contributions played no role in the transaction.
Prosecution’s Framing of the Case
Interestingly, the prosecution seeks to frame the case as one of election interference rather than hush money. CNN’s Paula Reid noted that the prosecution is reframing the case as an attempt to interfere in the 2016 election, rather than merely a paperwork crime and an effort to cover up hush money payments.