Melania Trump's absence from her husband Donald's hush money trial could help defense, claims legal expert

MANHATTAN, NEW YORK: Former first lady Melania Trump, the wife of former president Donald Trump, has conspicuously refrained from attending the courtroom proceedings throughout the final phase of the hush money criminal trial in New York, the DailyMail reported.

Over five weeks, a succession of pro-Trump supporters, including GOP representatives, former Trump-era administration officials, potential vice-presidential candidates, and some of his children, have been present in court.

They have endured extensive testimonies as the ex-president faces trial on 34 charges of falsifying business records in connection with hush money payment made to Stormy Daniels.

Meanwhile, Melania Trump has chosen to remain at a distance from the New York criminal courtroom, residing in Florida.

What have legal experts said regarding Melania’s absence from Trump’s trial?

While it is often advantageous for juries to see defendants in court with their spouses at their side, legal experts have opined that in this particular case, it makes no difference.

Anna Cominsky, Managing Attorney of New York Law School Legal Services claimed, “Generally speaking, jurors pay attention to who is seated in the courtroom. Defense attorneys usually like to have 'support' for their client evidenced by friends and family - it's something that humanizes the client.”

“That said, this is a very different case,” she added. “The jurors know that this is the former president.”

Cominsky also mentioned how "completely packed with people from both sides" this particular courtroom is. She remarked that the jury finds it difficult to determine who is there for whom.

John Yoo, a professor at Berkeley Law, suggested that he did not believe Melania’s absence was particularly significant and could even help the defense.

“I could see how some jurors would ask where Melania Trump was. Perhaps her presence would show her support for Trump's story that his fling with Stormy never happened,” he proposed.

“But her presence would also buy into the prosecution's underhanded effort to make the trial about Stormy [Daniels], and not about whether any bookkeeping misdemeanors occurred and whether they concealed some greater crime,” he continued.

Yoo stated that Donald's legal team has effectively countered the prosecution's inability to substantiate its claims. He remarked that they were wise to focus on that rather than reports of extramarital affairs.

Randy Zelin, a law professor at Cornell University, assumes that nobody would notice and that "it would look contrived anyway."

What has Melania Trump been up to amid her husband’s presidential campaign and various legal troubles?

On Tuesday, May 28, both sides will present their closing arguments before the hush money case goes to the jury for deliberations.

Although Melania hasn't gone to New York to support her husband as he faced Stormy Daniels and others testifying about the hush money payment, she has been seen by his side in other places.

Earlier this month, the couple sat together at their son Barron Trump's high school graduation in Florida, where the former first lady was seen smiling and clapping as her child's name was called out.

The New York court adjourned early for the week so that the former POTUS could attend the event.

Melania also attended a campaign fundraiser hosted by John Paulson in Florida last month, where the 2024 presumptive GOP nominee raised over $50 million for his presidential bid.

Moreover, she spoke at a fundraiser for the pro-conservative LGBT organization Log Cabin Republicans last month.

However, she hasn't joined her husband on the campaign trail or celebrated his primary victories in early contest states.

When asked if she would join him on the campaign trail in March, while she was accompanying him to cast ballots in the Florida GOP primary, Melania said, "Stay tuned."