Trump hush money trial: 5 glaring errors made by lawyers defending former POTUS
Mistakes galore: 5 key flubs made by Trump's team in hush money trial defense
Legal analysts have been scrutinizing Donald Trump's defense strategy amid his hush money trial, noting frequent flubs caused by his legal team's actions this week. The trial revolves around 34 felony charges accusing the former president of falsifying business records. These charges stem from allegations that Trump orchestrated payments through his former lawyer, Michael Cohen, to adult film star Stormy Daniels to conceal an alleged affair prior to the 2016 election. These payments were recorded in Trump's company records as legal fees for Cohen. Trump vehemently denies both the charges and any involvement in an affair with Daniels. In response to recent courtroom proceedings, some legal experts have lambasted Trump's legal representation, particularly for their handling of Daniels' testimony. Critics have pointed out apparent missteps and avoidable errors in the defense's approach.
Who is on Trump’s defense team?
Todd Blanche was formerly a registered Democrat and federal prosecutor residing in New York City. Leaving behind a lucrative position as a partner at a Wall Street law firm, Blanche eventually became a Republican and relocated to Florida to undertake what could be considered the pinnacle of his legal career: representing Donald Trump. Blanche, once a colleague of Alvin Bragg, who is prosecuting the former president, now finds himself on the opposite side of the courtroom from him, a situation that is rare for him. Prior to this trial, Blanche has only served as a defense attorney in one other criminal case that proceeded to trial. Susan Necheles, another member of Trump's legal team, has been representing him in various cases since 2021. Necheles boasts a lengthy history of defending individuals embroiled in legal troubles, including politicians, real estate developers, and organized crime figures. Notably, she defended Venero Mangano, an underboss of the Genovese crime family known as Benny Eggs. Necheles also represented the Trump Organization when it was convicted of criminal tax fraud, resulting in a $1.6 million fine in December 2022. Joining Necheles on Trump's defense team are Gedalia Stern, a partner at Necheles' law firm, and Emil Bove, a former federal prosecutor. Here are several instances highlighting perceived mistakes made by Trump's defense team during the ongoing trial in New York.
1. Cross-examination of Stormy Daniels
This week, the adult film star appeared in court twice, delivering extensive testimony and frequently divulging sensational details regarding her alleged sexual encounter with Trump in 2006. Despite the dramatic nature of her statements, much of what Daniels shared was deemed irrelevant to the ongoing criminal case. But several legal experts criticized the approach of Trump's defense team during their cross-examination of Daniels. Harry Litman, an attorney and former Deputy Assistant Attorney General, highlighted "textbook mistakes" made by Trump's lawyer, Susan Necheles, during Tuesday's proceedings. "You want a cross [examination] to be crisp and have the witness answer questions 'yes, correct, correct,' and when you get to the point where you've implied your line, that's when you stop and go to the next topic," Litman told MSNBC. "She [Necheles] went for broke repeatedly…and then she was stuck," Litman said. "And there were repeated sidebars also, so her rhythm—rhythm is everything on cross—her rhythm was repeatedly broken." On Thursday, Trump's legal team faced criticism for adopting a confrontational stance towards Daniels and seeking to undermine her credibility by insinuating that her career in adult entertainment made her proficient in fabricating falsehoods about sexual encounters. "It was clear that Trump's lawyers wanted to swing big and, unfortunately for them, they struck out," Norm Eisen, who served as special counsel to the House Judiciary Committee during Trump's first impeachment, told Newsweek. "The defense may have fared better if they did not have such a formidable witness in Daniels," he said. "For instance, after one of defense lawyer Susan Necheles' attempts to discredit her, Daniels used it as an opportunity to highlight the power imbalance between her and Trump."
2. Failure to object to Stormy Daniels’ testimony
Twice this week, Judge Juan Merchan has denied requests from Trump's legal team for a mistrial, despite their claims that Stormy Daniels' testimony was irrelevant to the falsifying business records case. On both occasions, the judge expressed surprise at the lack of objections from the defense while Daniels was being questioned by the prosecution. During Tuesday's proceedings, Merchan noted his astonishment at the absence of objections from the defense, stating that the time for moving for a mistrial had passed. "When you say the bell has been rung, the defense has to take some responsibility for that," Merchan said. Despite the defense's arguments, he refused to grant a mistrial. The defense made another attempt to secure a mistrial on Thursday, following Daniels' explicit testimony regarding her alleged affair with Trump. Once again, Merchan rebuffed the request and criticized Trump's lawyer, Susan Necheles, for failing to object while Daniels was being questioned by the prosecution. Merchan expressed bewilderment as to why Necheles did not raise objections, particularly regarding details such as whether Trump wore a condom during his encounter with Daniels.
3. Admission of 'reimbursement'
Litman pointed out a significant mistake in Trump's defense strategy during this week's proceedings, noting that his legal team inadvertently acknowledged a crucial aspect of the prosecution's case that the money Trump gave Cohen was indeed a reimbursement. This acknowledgment occurred during the cross-examination of former Trump Organization controller Jeffrey McConney, who apparently detailed how the company reimbursed Michael Cohen the $130,000 he paid to Stormy Daniels. McConney also revealed conversations he had with the Trump Organization's chief financial officer, Allen Weisselberg. Litman highlighted what he called an "apparent slip" by Trump's counsel, as they elicited from McConney that Weisselberg had informed him the money was for some form of reimbursement. "An apparent slip by Trump counsel as he elicits from McConney that Weisselberg told him the money was for some sort of reimbursement," Litman posted on X. "Remember: that is the DA's position, and that the paperwork disguised it as legal fees. And Trump wants to say it was really legal fees and not a reimbursement." Interestingly, Trump had previously referred to the money he paid to Cohen as a "reimbursement" on social media in 2018. However, he denied any connection between the money and his 2016 campaign.
4. Wrong tape played in court
Adding to the challenges faced by Trump's defense team, an error occurred during Thursday's proceedings when they mistakenly played the wrong recording to the jury. Susan Necheles, Trump's lawyer, inadvertently played an incorrect version of an exchange between Stormy Daniels' former lawyer, Keith Davidson, and Michael Cohen concerning the purported hush money payment. This misstep prompted Judge Merchan to caution Necheles. "Can you look at the transcript before you play the tape?" he fumed at her.
5. Wrong Jeremy Rosenberg subpoenaed
Trump's legal team faced yet another blunder when they mistakenly served court papers to the wrong individual, demanding evidence from a Brooklyn man unrelated to the impending trial, prosecutors revealed on Tuesday. The mix-up occurred after Trump's attorney, Todd Blanche, issued a subpoena in March to a person they believed to be former District Attorney Supervising Rackets Investigator Jeremy Rosenberg. The subpoena sought documents related to Trump's former associate-turned-foe, Michael Cohen. However, it turned out that the recipient was a different Jeremy Rosenberg, a Brooklyn resident, who appeared to take a light-hearted approach to the situation. "I don't have any files for you," he replied to Trump's lawyers, as documented in a filing released by Trump's legal team. He also noted that the “phone number you provided was disconnected” and humorously mentioned keeping the $15 sent by Trump's lawyers to assist with sending the documents. Blanche criticized the man for his “flippant and dismissive approach” to the request “despite ample experience with the criminal justice system that should have instilled in him respect for this process and a criminal defendant’s rights.” However, it was revealed that Trump's lawyers had mistakenly served court papers to the wrong individual, as confirmed by prosecutor Matthew Colangelo. "The people believe the defendant has served the incorrect person," Colangelo stated in the filing, further noting that the actual Jeremy Rosenberg had not been served, had not corresponded with Trump's defense counsel, and had no affiliation with the Brooklyn address where the subpoena was purportedly served.
