Former President Donald Trump's Actions During Hush Money Trial Raise Questions of Consciousness of Guilt, Says Former Federal Prosecutor
ICARO Media Group
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Former federal prosecutor Glenn Kirschner has commented on the actions of former President Donald Trump during his hush money trial, suggesting that they convey a "consciousness of guilt." Trump, who is the presumptive 2024 Republican presidential nominee, made history as the first former president in the United States to stand trial in a criminal case.
Trump was indicted in March 2023 on 34 charges related to allegedly falsifying business records in connection with hush money payments made to adult film star Stormy Daniels during his 2016 presidential campaign. Daniels claimed to have had an affair with Trump in 2006, which he has denied. Despite these charges, Trump has pleaded not guilty and dismissed the case as politically motivated.
Legal experts have been closely scrutinizing Trump's actions throughout the trial. In a recent episode of the YouTube show The Legal Breakdown, hosted by political commentator Brian Tyler Cohen, Kirschner, a frequent Trump critic, responded to Trump's claim that he could not testify at his own trial due to a gag order imposed on him.
Kirschner called Trump a "stone-cold liar" and suggested that the prosecutors could present evidence to the jury contradicting Trump's claim. He proposed that they request a jury instruction from the judge or ask the judge to inform the jury that Trump's statement conveys a consciousness of guilt. Kirschner argued that such an instruction could support the prosecution's case against Trump.
Trump has consistently claimed that the gag order infringes on his First Amendment rights, but Kirschner countered that courts have consistently recognized judges' authority to restrict speech that interferes with the fairness of a trial. Kirschner emphasized that this principle does not violate the First Amendment.
In a recent statement outside the courtroom, Trump corrected his earlier claim, stating that the gag order does not prevent him from testifying but instead prohibits him from discussing certain individuals involved in the case. Judge Juan Merchan, who is overseeing the trial, confirmed in court that Trump has the right to testify.
Despite Trump's previous assertion that he would testify and "tell the truth," Kirschner expressed doubt, suggesting that Trump is unlikely to take the stand when faced with a team of prosecutors prepared to cross-examine him. However, Kirschner also noted that Trump's supporters may not be swayed by his decision, as they tend to believe his explanations regardless.
As the trial continues, Trump's actions and statements inside and outside the courtroom will continue to be closely examined, shedding light on the complexities of the trial and its potential impact on his political future.
Newsweek reached out to Trump's spokesperson for comment, but no response has been received at this time.