As prosecutors approach the final stretch of the criminal case against Donald Trump, one of the biggest questions hanging over the historic trial is whether the former president will take the stand in his own defense.
Last month, before jury selection began, Trump insisted he would be on the witness stand in Manhattan criminal court in New York City.
“I would testify, absolutely,” he said April 12 in response to a question from NBC News. “I am testifying. It’s not the case.”
A week later, after the trial began, he told reporters in court that “yes,” he would testify.
Trump has since added caveats when asked the same question.
He told Newsmax two weeks ago that he would testify “if necessary” and on Tuesday said in an interview with Spectrum 1 Wisconsin News that he would “probably” take a stand, adding that he “would like to do so.”
After taking the stand, adult film actress Stormy Daniels appeared to be trying to goad Trump into testifying.
“Real men respond to testimony by taking an oath and taking a stand in court. Oh… wait. Nevermind,” she wrote on X.
As a defendant in a criminal trial, Trump is under no obligation to testify.
“It is conventional wisdom among defense lawyers that there is a lot of risk in having your client testify, and the risks often outweigh the benefits,” said Duncan Levin, a former attorney in the Manhattan district attorney’s office who is now a defense attorney. criminal. But in this case, “traditional rules could be thrown out the window.”
“Nobody knows what he’s going to do, including his own lawyers,” Levin said of Trump. Although his lawyers likely advised him not to take a stand, Levin added, “He is an uncontrollable client who has a constitutional right to testify.”
The state judge presiding over the case, Juan Merchan, reminded Trump of that right in court last week after Trump incorrectly told reporters that the gag order prohibiting him from attacking witnesses and jurors meant “I am not authorized to testify.”
Merchan told Trump: “You have the absolute right to testify at trial if you choose to do so after consulting with your lawyers.
“It is a fundamental right that cannot be violated,” he said. He said the gag order only refers to “statements made outside of court. It does not apply to statements made on the witness stand.”
Arthur Aidala, a veteran New York lawyer whose clients include Harvey Weinstein, said, “I have my greatest success when my clients don’t take a stand,” adding that the jury would undoubtedly like to hear from Trump.
“The human instinct is that people want to hear both sides. They want to see him take a stand and see what he can say,” said Aidala.
Levin said there are matters Trump could testify about “that would be helpful to his case,” including elements of the charges brought by the Manhattan district attorney. Trump is accused of falsification of business records related to his then-attorney Michael Cohen’s reimbursement for a hush-hush payment to adult film star Stormy Daniels in the final days of the 2016 presidential campaign.
Prosecutors say Trump was trying to cover up an effort to improperly influence the election. He pleaded not guilty and denied any wrongdoing.
Trump “could testify that he didn’t intend for it to be about the election” and that he didn’t know the records were falsified because he was preoccupied with other matters, as he was president at the time he signed Cohen’s checks, Levin said.
Aidala agreed, saying Trump could tell the jury, “I no longer had the luxury of time to follow these matters.” But Trump would also “have to admit what he cannot deny,” including that he signed Cohen’s checks and that he knew what they were for.
If he were to testify, Trump would likely face days of questioning from prosecutors, who would “consider him a liar,” and that would affect any defendant, Aidala said.
Merchan has already ruled that prosecutors can ask Trump questions about findings in recent civil cases that he violated gag orders and was found responsible for defaming writer E. Jean Carroll and committing fraud.
Levin said Trump’s testimony could be “a landmine” given the evidence against him so far. “It will be almost impossible to disprove things,” he said, adding that “a lie in court is a much more serious thing than a lie during the campaign.”
“If the judge determines that he lied on the stand, that would be the basis for an increased sentence” if Trump is convicted, Levin said.
Asked whether political considerations could force Trump to take a stand to deny the allegations, Levin said he did not think so, because Trump can make denials through the media and at his campaign rallies.
“He’s better off when he’s not under oath and subject to questioning,” Levin said.
In terms of advising on whether Trump should take a stand, Aidala said he would wait to see how Cohen’s testimony went before making a recommendation. Cohen is expected to detail his private conversations with Trump about the secret payment and reimbursement, but Trump’s team is expected to go after Cohen’s credibility, including his admissions that he previously lied under oath.
“Ultimately, the decision is Trump’s,” Aidala said.
Trump testified in his two most recent civil trials — the civil fraud case brought by New York Attorney General Letitia James’ office and the defamation case brought by Carroll.
His testimony in the Carroll case was severely limited by the judge’s ruling in the case; it only lasted a few minutes.
In the fraud case, Trump testified when he was called as a witness by James’ office and launched repeated attacks against her and the judge. Trump was also listed as a defense witness in the case, but withdrew from testifying the night before he was scheduled to testify.
“I have witnessed everything and have nothing left to say other than this is complete and total election interference (Biden campaign!) witch hunt,” so “I will not testify,” Trump announced at the time on his social media. platform, Social Truth.
The judge in that case, Arthur Engoron, found Trump liable for fraud and hit him and his company with a judgment that now totals more than $450 million. In his ruling, Engoron said Trump’s testimony did not help his case.
“Overall, Donald Trump rarely responded to questions asked and frequently interjected long, irrelevant speeches on issues far beyond the scope of the trial. His refusal to directly answer questions, or in some cases to respond at all, has seriously compromised his credibility,” Engoron wrote.
This story originally appeared on NBCNews.com read the full story
