Donald Trump’s secret trial could conclude and, depending on when closing arguments are presented, the case could be in the hands of the jury to reach a verdict as soon as this week.
What is not so clear is whether the former president will take the stand in his own defense in the case. His defense attorney, Todd Blanche, refused to rule out Trump testifying when the court concluded last week.
Trump himself has issued mixed messages about whether he would take the stand, saying last month that he would “absolutely” testify.
He has also said he would testify “if necessary” and “probably.” At the same time, he has recently falsely told the media that it is not allowed.
But based on the most recent activity by Trump’s lawyers and recommendations from legal experts, Trump does not appear likely to testify.
Donald Trump sits in court between his lawyers Todd Blanche (left) and Emil Bove (right) on May 16. On Thursday, Blanche refused to rule out Trump testifying in his own defense.
Trump attorney Will Scharf appeared on Fox News on Sunday, where he addressed the looming question of whether the former president will take the stand.
Scharf, who is not specifically representing the former president in the hush money case, suggested it is not necessary.
“I think it’s really important to remember that in a criminal case the prosecution has the burden of proving beyond a reasonable doubt each and every element of the crimes charged,” Scharf said in response to a question about whether he would recommend that Trump would testify.
“I think as I review the trial record from the last few weeks… the prosecution has failed miserably to prove its case,” Scharf said. He said he believes any juror would “vote unanimously to acquit.”
“In terms of whether witnesses will be called, including President Trump, that’s something the defense team will have to think about after the prosecution rests.”
Trump attorney Will Scharf appears on Fox News on Sunday. He is not representing Trump specifically in the hush money trial, but suggested the former president will not testify.
Donald Trump speaking in court on May 16 with attorney Todd Blanche. Trump has given mixed messages about whether he would testify. He previously said “I am testifying” and “probably” testifying, but also falsely claimed that he is not allowed
He The Washington Post reported over the weekend that four people close to the former president said the plan does not include him testifying.
One legal expert that Trump himself often mentions when addressing the media outside the courtroom is Andrew McCarthy.
McCarthy wrote Friday in the National Review that ‘if Trump were to testify, the case would become a measure of his credibility, not the sufficiency of (District Attorney) Bragg’s evidence.’
He argued that Trump, as it stands, is in a good position, but testifying would open him up not only to having to address Stormy Daniels’ salacious testimony, but also the recent civil fraud case and being found liable in the defamation case brought by E Jean Carroll.
“By not testifying, Trump would keep these two damaging court verdicts out of the case,” McCarthy wrote.
Cross-examination of Trump’s former personal lawyer Michael Cohen will resume on Monday after he faced brutal questioning from Trump’s lawyer Blanche last week. He’s been on the stand for three days now.
Judge Juan Merchán told both sides to be ready for final arguments in the case on Tuesday.
Trump on Friday at his son Barron’s high school graduation with former first lady Melania. The court was closed that day so Trump could attend his son’s ceremony in Palm Beach, FL.
Testimony from Trump’s former personal lawyer Michale Cohen will resume Monday. On Thursday, Trump’s defense attorney subjected him to grueling questioning about his history of lying, even under oath.
After cross-examination, prosecutors could long refocus their case, but are expected to drop their case after his testimony.
Judge Juan Merchán told attorneys for both sides to be ready for closing arguments Tuesday, noting there could be an extremely brief defense before the case moves to jury deliberations.
Merchan indicated that he was even willing to have the trial continue until Wednesday, a day that had previously been free for other matters while the trial was in full swing. This indicates that he may be hoping to have the case completely resolved before Memorial Day weekend.