Prosecution Rests in Trump's Hush Money Trial
The Wrath of Judge Merchan and Other Trump Trial Takeaways today
Prosecution Rests in Hush Money Case
On May 20, 2024, the State of New York rested its case against former President Donald Trump, who is charged with allegedly falsifying business records in connection with a $130,000 hush money payment made in 2016 to adult film actress Stormy Daniels during the peak of his presidential campaign. The defence is currently questioning a witness who may be the last to testify. New York Supreme Court Justice Juan Merchan has stated that closing arguments will begin next week.
A Light Week in Court
On Monday, the defence called two witnesses: an analyst from the office of Trump’s lawyer and Robert Costello, a defence lawyer who had extensive conversations with Michael Cohen in 2018 during Cohen’s federal investigation. Costello’s testimony, which continues on Tuesday, aims to discredit Cohen’s earlier statements. The defence does not plan to call any more witnesses. Merchan has scheduled closing arguments for after the Memorial Day weekend, allowing jurors to deliberate without interruption. Consequently, a verdict is expected next week.
Prosecution Attempts Cleanup After Cohen's Admission
During cross-examination, Cohen admitted to stealing $30,000 from the Trump Organization by overbilling for technology work. Prosecutor Susan Hoffinger attempted to mitigate the damage by eliciting a rationale from Cohen, who claimed he took the money as a form of "self-help" after his year-end bonus was cut. Hoffinger focused on redirecting attention from Cohen’s actions to Trump’s alleged misconduct, reinforcing that Cohen, despite appearing in trial as a prosecution witness, is not the defendant.
Judge Merchan's Rare Display of Anger
For the first time during the trial, Judge Merchan showed visible anger, dismissing the press and jury to reprimand Costello for disrespect. Costello's interruptions and dismissive gestures towards the judge's objections led to a stern admonition. Merchan emphasised the importance of courtroom decorum and his sole authority to strike testimony.
Time Running Out for Trump to Testify
Despite Trump’s repeated claims of wanting to testify, it remains unlikely he will take the stand. Legal experts caution that his testimony could be detrimental, as prosecutors could delve into past civil lawsuits and other allegations. Defence lawyer Emil Bove indicated no more witnesses would be called after Costello, though Merchan left the door open for the defence to revisit the decision.
Questioning Attorney-Client Privilege
A common query is why Michael Cohen is allowed to testify given his previous role as Trump’s attorney. Normally, attorney-client privilege would prevent such testimony. However, the crime-fraud exception applies when legal services are used to further a crime. Cohen testified that his communications with Trump were in this context, thus not protected by privilege. This exception also applies in Trump’s Florida mishandling document case, where one of his lawyers is permitted to divulge communications due to alleged obstruction attempts by Trump.
Looking Ahead
As the trial nears its conclusion, the outcome will have far-reaching consequences on Trump’s political future. With the testimonies wrapping up and closing arguments set for next week, the jury’s impending verdict could significantly impact Trump’s influence and standing within the political arena. All eyes will remain on the Manhattan courtroom as the case draws to a close.
