[UPDATE: I read this article today by a former federal prosecutor that also makes the point that lying about his liaisons with Daniels and McDougal was a bad strategy.
But it’s also clear that Trump’s lawyers are pursuing a flawed and risky strategy. Why? Most likely it’s not them, but him. Trump is the client, and he gets the final word on major decisions. So far as I can tell, this team has managed to stay on Trump’s good side by indulging — perhaps necessarily — his worst traits and instincts. It may be their downfall.
Most devastatingly, lead attorney Todd Blanche, in his opening statement, repeated Trump’s claim that he never had a sexual encounter with Stormy Daniels. That was followed by days of testimony last week that — if you believe Daniels’ very persuasive account — effectively demonstrated that a central plank of Trump’s defense is a lie and has been a lie for years, and that the jury cannot trust even Trump’s lead counsel to tell them the truth.
A bunch of Trump-supporting legal commentators have claimed that Daniels’ testimony was irrelevant to the case — a truly baffling interpretation of events given what actually happened. Prosecutors had no choice but to put Daniels on after Blanche affirmatively called her a liar in his opening statement, and they had to elicit considerable detail about the sexual encounter in order to establish her credibility in response to Blanche’s attack inside the courtroom and Trump’s years of attacks outside of it. Not only was that the appropriate way for the government to defend the integrity of its investigation and its witness, it was also an unmissable opportunity for them to tank the credibility of Trump’s entire legal defense.
But the author does not speculate as to the motive behind this poor choice of strategy.]
We are in the fourth week of the trial of serial sex abuser Donald Trump (SSAT) and it has been as tawdry as expected. The main (but not only) charge is that SSAT falsified business records to claim that $130,000 given to his former fixer Michael Cohen was a retainer for legal services when it was actually reimbursements to Cohen for payments made to suppress damaging information emerging just before the 2016 election. The latter reason would constitute an illegal campaign contribution. The statement issued by Manhattan DA Alvin Bragg when the indictments were first announced in April 2023 has the following:
In one instance, American Media Inc. (“AMI”), paid $30,000 to a former Trump Tower doorman, who claimed to have a story about a child TRUMP had out of wedlock.
In a second instance, AMI paid $150,000 to a woman who alleged she had a sexual relationship with TRUMP. When TRUMP explicitly directed a lawyer who then worked for the Trump Organization as TRUMP’s Special Counsel (“Special Counsel”) to reimburse AMI in cash, the Special Counsel indicated to TRUMP that the payment should be made via a shell company and not by cash. AMI ultimately declined to accept reimbursement after consulting their counsel. AMI, which later admitted its conduct was unlawful in an agreement with federal prosecutors, made false entries in its business records concerning the true purpose of the $150,000 payment.
In a third instance – 12 days before the presidential general election – the Special Counsel wired $130,000 to an attorney for an adult film actress. The Special Counsel, who has since pleaded guilty and served time in prison for making the illegal campaign contribution, made the payment through a shell corporation funded through a bank in Manhattan.
