Why Trump lawyers’ 'scorched-earth approach' is 'not working': legal expert

09 May 2024

As Donald Trump's New York hush money trial on 34 felony counts of falsifying business records approaches the conclusion of week three, adult film star Stormy Daniels took the witness stand for a second time Thursday.

Some legal experts say Daniels' cross-examination is useless because "her involvement in the scheme doesn't prove the crime — the falsification of records — occurred."

Legal analyst Norm Eisen told CNN's Erika Hill that Trump's lawyers' more aggressive cross-examination Thursday may not reap the result they want.

Salon reports that "instead of dialing back the aggressiveness she showed" during Tuesday's cross-examination, Trump lawyer Susan Necheles "leaned into it on Thursday, deploying what an NBC legal analyst referred to as the 'nutty and slutty' attack."

Eisen told Hill, "The Trump team has embarked on a new intensity in their approach. They've done rigorous, but business-like cross examinations of the witnesses before this. This is a scorched-earth attack. That's a high reward, but high risk strategy."

The legal analyst added, "In my estimation, it's not working."

"I was watching the jury closely. When Stormy would make a joke, the jury would smile," Eisen noted. "When we would have an half an hour of cross examination on whether or not Stormy talked about having dinner, on whether food was served or not. In my judgement, it got across the line, from rigor, to belaboring."

He emphasized, I saw the jury looking away instead of Necheles. At one point, the foreman of the jury even looking into the well as if he was seeking help. It's very difficult to read a jury based on those kinds of glances. But in my own assessment, I thought Stormy pushed back on those answers. She is getting the better of this back and forth."

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