"Trump's Legal Tactic in Hush Money Trial: Dispute, Procrastinate, and Disparage"

"The ex-president's legal team has prioritized postponing all four criminal cases. New York stands out in one crucial aspect."

 

"The commencement of Donald Trump's initial criminal trial on Monday will examine a defense approach his legal team has refined over a year — a confrontational tactic that has irked the judge and may prove costly for the presidential contender in terms of the final judgment."

 

"Battle for every piece of evidence. Advocate for every conceivable postponement. This strategy has thus far proven effective in Trump's three other ongoing criminal cases, potentially prolonging them all the way to or beyond November's presidential election. Unexpectedly, it is in Manhattan, known for protracted delays in criminal trials, where the former president and presumed Republican nominee will confront his first day in court."

"In New York, Trump's defense strategy diverges from the other three cases in one aspect: he seeks to disavow any involvement in crucial discussions regarding hush money payments facilitated by his former attorney and confidant, Michael Cohen, as per individuals familiar with his strategy. They spoke anonymously to deliberate internal matters."

"The prosecutors, who have accused him of falsifying business records, argue that the specifics of those discussions will substantiate the claim that Trump unlawfully classified his reimbursement of Cohen as a legal fee rather than a campaign expenditure. They contend that the payments were intended to shield any allegations of an extramarital affair with Stormy Daniels, an adult film star, from voters during the 2016 election."

"In Florida, where Trump faces accusations of mishandling classified documents, and in D.C. and Georgia, where he is accused of obstructing election results, his legal team has essentially contended that while Trump may have been involved in the alleged conduct, it does not constitute criminal behavior. He has entered a plea of not guilty in all four cases."

"Denial constitutes just one facet of Trump's strategy in New York; delay is another. Last week, his legal team hurriedly approached an appeals court on three occasions in a bid to postpone the imminent trial, only to have their appeals dismissed each time."

"David Schoen, a former attorney for Trump, stated, 'He holds the belief, as a matter of policy, that all cases should be postponed until after the election.'"

"Numerous individuals awaiting trial employ various tactics to prolong proceedings, recognizing that witnesses' recollections may dim, prosecutors may transition to other roles, or public attention may wane. Trump's unique contribution to such delay tactics is his platform and an innovative argument: the unparalleled circumstance of a former president and current candidate facing trial, along with the ambiguous prospect of potential exoneration should he secure reelection."

"Almost every criminal defendant released on bail endeavors to extend their trial indefinitely, and both judges and prosecutors are well aware that defendants typically resist going to trial," stated Ron Kuby, an experienced defense attorney based in New York.

"What's particularly unexpected about Trump's strategies for delay, according to Kuby, is that they haven't been as effective in New York as they have been for numerous other defendants."

"Trump is additionally attempting to discredit his accusers, ranging from New York Supreme Court Justice Juan Merchan to District Attorney Alvin Bragg, as well as key witnesses such as Cohen and Daniels."

"Once more, Trump distinguishes himself from other criminal defendants, even those of high profile, by his relentless criticism of the justice system and individuals involved in his prosecution, which seemingly has bolstered his support in polls and rallied his Republican base."

"Questioning the system's fairness and the motives of those prosecuting you is nothing new," Kuby remarked. "But never before in history has someone achieved the level of success in doing so as Donald Trump has, evidenced by widespread agreement with his message. I've never witnessed such a phenomenon in any case with any defendant before."

"Merchan's frustration with Trump's attempts to prolong proceedings has escalated, with notable dissatisfaction directed at Trump's chief attorney, Todd Blanche."

 

"When Blanche was brought on board a year ago, he reportedly informed other members of the defense team that the primary objective was to stall the progression of all criminal cases, as per individuals familiar with his directive. They spoke anonymously to disclose confidential discussions."

"The legal team ramped up their endeavors to craft numerous pretrial motions for each case, meticulously scrutinizing every indictment for elements that could prolong the proceedings with responses, hearings, rulings, and appeals."

"In many courtroom proceedings, opposing attorneys typically agree on fundamental facts to streamline the process and avoid unnecessary disputes over minor details. However, within Trump's legal team, a decision was reached to contest every aspect and refrain from stipulating to anything, as per individuals knowledgeable about the discussions."

Emil Bove, one of Blanche's associates, showed a distinct focus on the classified documents case, where Trump's team found satisfaction in Judge Aileen M. Cannon's expeditious rulings, even if they didn't always favor Trump. The case has been indefinitely postponed as the judge deliberates motions related to the handling of classified evidence and multiple defense assertions that Trump shouldn't have been indicted. According to sources familiar with the strategy, the legal team intends to contest each classified document vigorously.

On Saturday, Trump's legal team submitted documents requesting Judge Cannon to extend the deadline she recently imposed for new submissions in the case until May 9th. They argued that they would require at least a week to prepare within a highly secure classified evidence room, especially considering their simultaneous trial obligations in New York. The filing aims to postpone the deadline until three weeks after the conclusion of the trial in New York.

The progression of the Georgia case has been hindered by numerous motions to dismiss, and it experienced a temporary setback due to accusations of misconduct against the Fulton County district attorney. Meanwhile, Trump's federal election obstruction case in D.C. is currently suspended as the Supreme Court deliberates his assertion of immunity.

During the Trump defense team's discussions about the 2024 court calendar, they expressed the least apprehension about the New York case, according to individuals familiar with the conversations. However, they managed to secure a temporary respite there as well, courtesy of a different aspect of their legal strategy: presenting extensive requests for access to potential evidence held by the government.

 

Trump's legal team had issued subpoenas to obtain documentation from federal prosecutors, requesting significantly more than what the local district attorney had initially pursued.

 

Upon receiving those bundles of documents, the defense asserted that the local prosecutors had not met their obligations.

Trump's legal team requested — and received — a postponement of the trial to examine the material. Similar broad requests for potential evidence have been made by his lawyers in the other cases, and it remains uncertain whether these efforts will prove beneficial for his defense team.

In New York, this strategy incurred a cost: Merchan grew impatient with Blanche's allegations of prosecutorial misconduct. He questioned why the attorney, who was once a federal prosecutor himself, had not subpoenaed the material months earlier.

The judge reprimanded Blanche, citing "a pattern where I read certain information, I hear certain information, and then I hear your interpretation of that, and it’s really different from my interpretation. And this has been frankly going on for months."

 

Unless there's another eleventh-hour effort to delay, Trump will appear in Manhattan criminal court on Monday, and the process of selecting a jury will commence.

"The defendant's extensive public prominence and his highly divisive persona will render the jury selection process challenging," remarked Jeffrey Bellin, a law professor at William & Mary and a former federal prosecutor in Washington, D.C. He emphasized that it's not problematic for jurors to be aware of Trump's identity or have opinions about him, but they should refrain from letting those opinions sway their decision-making.

"I can't recall a recent American trial with jury selection as challenging as this one is likely to be," Bellin remarked. "There have been other trials with well-known defendants, such as the Bill Cosby trial or similar cases. However, there are individuals who may not hold strong opinions about Bill Cosby. They may not feel strongly about whether he's innocent or guilty, unlike many people who not only recognize Donald Trump but also have strong sentiments about the outcomes of these cases."

"In the city where Trump gained fame but now faces deep unpopularity, his legal team is pursuing a mistrial as much as any other outcome, as per individuals familiar with the defense strategy. Criminal defense attorneys often note that while prosecutors must persuade all 12 jurors, defendants only need to sway one, and this may hold particularly true in the Trump case."

"Trump's continuous commentary on the case could be intended to influence public opinions, including those of potential jurors," Bellin noted. "However, this approach comes with risks. Defendants usually refrain from attacking judges, as it could have repercussions during sentencing. Moreover, disparaging the case and its participants might also alienate the jury."

"In a civil trial earlier this year in Manhattan, Trump's conduct and demeanor appeared to have a negative impact on the jury. They subsequently ruled against him, ordering him to pay $83 million to writer E. Jean Carroll after she accused him of sexual assault and filed a defamation lawsuit against him."

While seated in the courtroom, Trump intermittently grumbled, complained, and fumed to such an extent that the judge admonished him, threatening to eject him for disregarding orders to remain silent while Carroll testified.

Trump begins the hush money trial with Merchan under strained circumstances, as the judge has issued a gag order preventing him from criticizing witnesses, court staff, and specific individuals. Nonetheless, the former president is anticipated to frequently speak outside the courtroom, as he did during a distinct civil trial for business fraud brought by Attorney General Letitia James.

In that instance, James secured a judgment of almost $500 million against him.