With seven jurors having been chosen so far in Donald Trump's hush money/falsifying business records trial, testimony appears to be drawing closer. The key witnesses are likely to include, among others, Michael Cohen (Trump's former personal attorney and fixer), adult film star Stormy Daniels and former Trump White House counselor Hope Hicks.
But it remains to be seen whether Trump himself will testify. Cohen believes that Trump would be a "horrible witness" during the trial, as he would be likely to lie on the witness stand and set himself up for perjury charges.
Cohen told Politico, "Donald does not know how to tell the truth. He's lied so many times that he cannot keep track of the lies. And one lie begets another lie. He would be putting himself into a perjury trap by taking the stand."
READ MORE: 'He'd be a horrible witness': Cohen says Trump taking stand in trial would be 'perjury trap'
Legal scholar Ray Brescia also believes that Trump would hurt his defense by testifying. In an op-ed published by the Daily Beast on April 16, Brescia — an associate dean at Albany Law School in upstate New York — emphasizes that testifying would be a "lose-lose situation" for the former president and presumptive 2024 GOP presidential nominee.
"Trump's serial incorrigibility, hair-trigger temper, and penchant for — shall we say — stretching the truth all make him any defense attorney's nightmare as a witness," Brescia argues. "We've already seen it in other cases. This is the first one where the stakes are criminal."
Trump's testimony would be voluntary. Because he's the defendant, he has the option of either testifying or not testifying. But if he chooses to testify, Trump must agree to be questioned not only by his defense team (which includes attorney Todd Blanche), but also, by prosecutors for Manhattan District Attorney Alvin Bragg Jr.'s office under cross-examination.
"What we know from Trump's recent track record of providing testimony under oath, it hasn't worked out great for him," Brescia observes. "As a result, the Trump legal team finds itself in a place no lawyer wants to be in during the course of representing a client: a distinct damned-if-you-do, damned-if-you-don't situation. Once the jury is sworn in, the evidence it will hear sounds like it could be quite bad for Mr. Trump."
READ MORE: 'He sets people off': Here’s what prospective hush money jurors said about Trump
The legal scholar notes, however, that not testifying could also be problematic for Trump.
"Failing to testify could leave the evidence unanswered," Brescia explains. "If he does take the stand, a cornered Trump — fighting for his freedom — will face devastating evidence and withering cross-examination, with the stakes as high as they can be."
Brescia adds, "To put it lightly, it would be quite ugly. And the result of the trial could be equally so for him."
Ray Brescia's full Daily Beast op-ed is available at this link (subscription needed).
READ MORE: 'Something’s fishy here': Trump's latest $175 million bond filings questioned by experts
