As Donald Trump fights the New York hush-money criminal case, a former Department of Justice attorney warned that testifying on his behalf could pose risks for the former president.
What Happened: Trump has the right to testify as a defendant, but it’s not mandatory, explained Andrew Weissmann, former Assistant U.S. Attorney and law professor, in an MSNBC interview.
“He has no burden whatsoever, and the jury will be told that and they cannot use the fact that he chooses not to testify in any way against him,” Weissmann clarified. Trump’s lawyers may not be in favor of him testifying, he said. “I am confident that lawyers like Susan Necheles are going to throw their bodies in front of the witness stand trying to get him not to take the stand,” he added
On the other side, the prosecution side may relish the prospect, Weissmann said. “And if you are the prosecutors, you are just licking your chops thinking, fine, you want to take the stand? Great,” he said.
Citing Trump’s prior inconsistent statements, Weissmann said, “So he’s taking a stand would really be a death knell, I think, to the case.” That said, the legal expert did not rule out Trump doing it, citing his unpredictability and his hubris.
The former president’s involvement in the E. Jean Carroll case resulted in the fine swelling from $5 million to $85 million, he noted. “So if he proceeds in that sort of mode, I don’t think he’s going to be helping himself,” he said.
Why It’s Important: Prosecutors in the hush-money case trial told the jury on Monday that it was an “election fraud, pure and simple,” as Trump tried to cover up to hide a sex scandal ahead of the 2016 presidential election.
“Trump orchestrated a criminal scheme to corrupt the 2016 presidential election. Then he covered up that criminal conspiracy by lying in his NY business records over and over and over again,” they said.
Weissmann said in a post on X that New York District Attorney Alvin Bragg “squarely places the NY criminal trial in the election interference/corruption bucket– exactly what the DC and GA indictments allege, just 4 years later.”
The outcome of the trial is important as it is likely to be one of Trump’s four criminal cases that will reach a verdict before the Nov. 5 election. The former president is running a neck-on-neck race with Joe Biden in the 2024 election and therefore his lawsuits could play a huge part in the outcome.
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