The hush money trial of former president Donald Trump could wrap up this coming week and, according to some legal experts, prosecutors working for Manhattan District Attorney Alvin Bragg appear to have the upper hand based on the evidence laid out before the jurors.
While much of the focus of the trial has been placed upon former Trump lawyer and "fixer" Michael Cohen, according to a report from the New York Times, jurors have a wealth of documentation presented by the prosecution that should outweigh any misgivings they have about Cohen's history of misrepresenting the truth — in many situations to protect his client.
What is at stake for the former president is possible jail time in the 34-felony count trial based upon paying adult film star Stormy Daniels to keep quiet about their affair just prior to the 2016 presidential election and allegedly disguising the payments on his company's books.
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According to former Manhattan prosecutor Marc F. Scholl, "If the jury chooses to believe the government’s evidence, then a conviction is warranted. The jury does not have to believe all of what Cohen has to say, but they have to believe enough of it.”
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Add to that, the report notes, the prosecution has another card up its sleeve to play during redirect with Cohen and in final arguments.
As the Times' Ben Protess and Jonah E. Bromwich wrote, " The law holds a defendant accountable even when he does not carry out the crime himself, so long as he 'intentionally aids' it. The issue was highlighted during jury selection, when a prosecutor, Joshua Steinglass, asked prospective jurors whether they could accept the idea that a husband who hired a hitman to kill his wife was guilty of her murder. Many agreed they could."
Scholl backed that up, telling the Times, "Trump does not have to be the one who says, ‘Make that record false.’”
With the former prosecutor pointing out, "The judge’s instructions provide a road map to the jurors,” the report notes that Judge Juan Merchan will play a key role in which direction the jury might go.
"The case could hang on Justice Juan M. Merchan’s interpretation of these issues, several legal experts said. In the coming days, Justice Merchan — the judge overseeing the case — will distill the legalities into instructions for jurors that he will deliver after closing arguments as soon as this week," The Times is reporting.
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