Former prosecutor: Trump’s promise to testify under oath is a 'win' for Alvin Bragg

20 April 2024

Former President Donald Trump has indicated that he will take the witness stand during his first criminal trial in Manhattan, and one former DOJ official said that the prosecution is likely hoping he won't change his mind about that.

When reporters asked Trump on Friday if he would to under oath in his own defense, he responded, "yes." According to Newsweek, Joyce Vance — who was U.S. attorney for the Northern District of Alabama during President Barack Obama's administration — thinks Manhattan District Attorney Alvin Bragg is banking on being able to cross-examine the former president.

"It's a win for the prosecution either way in this case," Vance tweeted Friday.

In a post to her Civil Discourse Substack newsletter, Vance elaborated on her position, saying that Trump "has no business on the witness stand."

"As much as I’d like to see this, it’s a sure thing Trump’s lawyers will do everything they can to keep him off the stand," she wrote. "But the decision about whether to testify belongs to the client, and Trump has proven to be a client who is uniquely incapable of listening to the advice of his lawyers."

Whether Trump ultimately agrees to take the stand is unknown, but based on a Friday hearing, he knows that prosecutors could potentially ask him about lawsuits he's lost — particularly the most recent $83.3 million defamation judgment in writer E. Jean Carroll's favor. Trump's lawyers have countered that bringing up the Carroll judgment would lead the jury down a confusing "rabbit hole" and fought against the prosecution's efforts to mention the former president's civil court losses. Meanwhile, prosecutor Michael Colangelo said the jury having knowledge of Trump's civil judgments "is critical to assessing the defendant’s credibility if he testifies."

Judge Juan Merchan said he would issue a ruling on Monday about what prosecutors can mention while cross-examining Trump, should he decide to testify. Vance wrote that it was "unlikely that he and his lawyers will make a decision until the moment is close at hand and they have seen how the trial is going."

"The prospect of being cross-examined on incident after incident showing he’s a notorious liar would be enough to keep most defendants from testifying. It certainly will be in the view of his lawyers," she wrote.

Vance pointed out that Trump may be already neglecting the advice of his attorneys based on his behavior in the courtroom when potential jurors were announced. While defendants traditionally stand up as a sign of respect when a juror is introduced — given that they could potentially be seated on the body that will ultimately decide their fate — Trump remained seated.

"My friend and former Chicago federal prosecutor Renato Mariotti, now a criminal defense lawyer, pointed out that this is the most basic thing defense lawyers instruct their clients to do," Vance wrote. "I have never seen a defendant fail to stand up every time the jury entered or left the courtroom."

Opening arguments in Trump's trial will officially begin on Monday, after all 12 jurors and six alternates were seated during last week's voir dire process. The trial is expected to take anywhere from four to six weeks, meaning a verdict on Trump's 34 felony counts will almost certainly be issued before the GOP officially selects its general election nominee at the Republican National Convention this summer.

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