Ex-prosecutor Glenn Kirschner said Donald Trump could potentially harm his own case if he chooses to testify in his ongoing election subversion case.
What Happened: Kirschner, on Brian Tyler Cohen‘s The Legal Breakdown show, explained the possible consequences if Trump, who is facing numerous conspiracy charges relating to his alleged attempts to stay in power post the 2020 presidential election, takes the stand in the federal trial taking place in Washington.
“Once these cases move into court proper, the Rules of Evidence govern,” Kirschner stated.
“Every single thing that ever comes out of his mouth — the Rules Of Evidence say that’s admissible as a statement of a party opponent and Jack Smith will admit it into evidence to prove its guilt — everything that has ever come out of Donald Trump’s mouth — that is nonsense, that is B.S., that’s a bunch of lies and deflection and projection… Guess what? It’s not admissible.”
Despite Trump’s pursuit of the White House in 2024 and his current frontrunner status, his decision to testify could place his freedom at risk. If he takes the stand, prosecutor Jack Smith and his team would have the opportunity to question him thoroughly.
“Donald Trump, the defendant has absolutely no right under the Rules Of Evidence to put any of that stuff before the jury unless, and here’s the only way he can do it: He can take the stand.”
See Also: New Poll Shows Trump Holds Edge Over Biden, But One Finding Should Sound Alarm For Both Candidates
“And he can spew out whatever he wants.”
“Jack Smith’s prosecutors will cross-examine him and will figuratively disembowel him on the witness stand,” Kirschner warned.
Kirschner noted that his experience with ex-RICO defendants suggests it never ends well for a testifying defendant who is dishonest. “I’ve cross ex-RICO defendant before; it never ends well for a testifying defendant who is a great big liar like Donald Trump is.”
Why It Matters: Trump has pleaded not guilty to four felony counts, which accuse him of pressuring electors, the Department of Justice, and then-Vice President Mike Pence to resist giving up power and of inciting a mob to attack the Capital Building on January 6.
Despite facing 91 felony charges linked to his efforts to overturn 2020 results and mishandling of classified documents, Trump remains the clear frontrunner for the GOP presidential nomination. A recent Morning Consult poll of GOP voters showed Trump with a comfortable 50-point lead over his Republican opponents. Florida Governor Ron DeSantis ranked second with 14% of support from GOP voters.
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