Here’s what both sides will say in closing arguments of Trump trial: ex-federal prosecutor

22 May 2024

Closing arguments are due to begin in former President Donald Trump's first criminal trial after Memorial Day weekend. One former federal prosecutor recently offered his take on what both sides would say and how long jurors would deliberate.

During a recent segment with CNN host Wolf Blitzer, Elie Honig — who was an assistant U.S. Attorney in the Southern District of New York — said next week's closing arguments will be based on the testimony of former Trump attorney and fixer Michael Cohen, and on documents prosecutors submitted as evidence. Honig pointed out that in New York state court, the defense makes its closing arguments first.

"This is about, 'did the prosecution prove its case beyond a reasonable doubt,'" Honig said. "They are really going to focus on Michael Cohen. They are going to say, 'you cannot convict unless you believe Michael Cohen.' They are going to say, 'he has no credibility, he has a history of lying, he has a financial motive, he has a strong personal bias against Donald Trump,' and I think they're going to attack the testimony he gave in this trial."

The core argument prosecutors have made throughout the trial is that Trump disguised hush money payments to women claiming to have had affairs with him as legal fees to Cohen, after Cohen agreed to a scheme Trump allegedly orchestrated in which he would front the payment to the women with Trump reimbursing him. Honig also predicted that prosecutors with Manhattan District Attorney Alvin Bragg's office would hone in on checks bearing Trump's signature they submitted to the court — primarily the checks to Michael Cohen designated as legal fees.

"There are the ledger entries, the invoices that say, 'retainer.' There are handwritten notes showing the way that Michael Cohen worked with Allen Weisselberg and Jeffrey McConney — two of the financial people in the Trump [Organization] — to come up with these numbers," Honig said. "So I think the prosecution's pitch is going to be, 'look at all the evidence as it all ties together. You don't have to rely on Michael Cohen. Michael Cohen is backed up by the other evidence.'"

Judge Juan Merchan recently instructed jurors that they can only convict Trump if they unanimously agree that he falsified business records to cover up a "predicate" crime. However, he added there does not have be unanimous agreement on any of the three available predicate crimes he laid out: tax crimes, state-level campaign finance crimes and federal campaign finance crimes. Honig predicted that jury deliberations might take longer than usual, but that a verdict will likely be reached relatively quickly.

"I've seen juries deliberate for less than an hour on more simple cases than this, I've seen juries deliberate for two weeks," Honig told Blitzer. "I don't think the jury is going to come back with a verdict in the first day. I think they're going to be cognizant of the historic stakes that you mentioned Wolf, so I think they're going to take their time. There's a lot of evidence. I wouldn't expect a verdict until at least the second or third day of deliberations... I think they're going to understand the world is watching."

Trump is facing 34 felony counts of falsifying business records, and he has pleaded not guilty to all charges. The Manhattan trial is likely the only proceeding that will conclude with a verdict before the November election, given that his remaining three trials do not yet have a scheduled start date on the calendar.

Out of the remaining three trials, only Department of Justice special counsel Jack Smith's D.C. election interference trial will likely be held before the election. However, U.S. District Judge Tanya Chutkan, who is overseeing proceedings, is not able to schedule a trial date until the Supreme Court rules on Trump's claim of absolute immunity from criminal prosecution for acts carried out while in office. The Court has until its term ends next month to issue a ruling.

Watch Honig's segment below, or by clicking this link.

From Your Site Articles