Prosecutors Face Challenging Task in Closing Arguments of Trump's Historic Hush Money Criminal Case
ICARO Media Group
In the final push to convince New York jurors of former President Donald Trump's guilt in a series of business crimes, prosecutors will undertake the demanding task of piecing together weeks of testimony and evidence. They aim to demonstrate that Trump committed felonies to aid his 2016 presidential campaign. The closing arguments in this landmark hush money criminal case, set to take place on Tuesday, will provide prosecutors from District Attorney Alvin Bragg's office with an opportunity to reinforce the 34 felony counts of falsifying business records.
Leading up to the closing arguments, the prosecution faces the challenge of effectively weaving together testimonies and evidence presented during the trial, which began in mid-April. The case has featured meticulous examination of business recordkeeping details and other mundane aspects. Complicating matters further, the jurors have had a substantial break since Tuesday, which adds an extra layer of difficulty in connecting all the pieces.
Elie Honig, a former federal and state prosecutor and CNN senior legal analyst, emphasized the critical role of closing arguments in making sense of the trial for the jury. Given the trial's length, he stressed the need for a comprehensive closing case where all the evidence seamlessly fits together. Independent legal experts expect the prosecutors to present a compelling narrative, starting from the beginning and incorporating key witnesses and evidence.
Former New York prosecutor Bernarda Villalona highlighted the significance of the perceived "boring" aspects of the trial, stating that these are the parts that provide crucial documents and are the stars of the case. She anticipated that the prosecutors' closing arguments might extend over several hours and may include visual aids, such as a PowerPoint presentation, to guide the jury through vital evidence.
The defense will present their closing arguments first, followed by the prosecution. Once both sides conclude their arguments, Judge Juan Merchan will instruct the jury on the charges against Trump, and the jurors will commence their deliberations, as expected on Wednesday.
Throughout the trial, the prosecution called 20 witnesses over a span of 19 days, with their testimonies totaling more than 50 hours. Although some witnesses were not well-known figures, individuals like former Trump attorney Michael Cohen and adult film actress Stormy Daniels held significant profiles and their testimonies are likely to remain memorable for the jurors.
In contrast, Trump's defense team only called two witnesses. These witnesses included a paralegal responsible for entering phone records into evidence and Robert Costello, an attorney involved in discussions with Cohen for representation in 2018.
Trump is facing 34 felony counts of falsifying first-degree business records, with the intention to conceal reimbursements for hush money payments made to Stormy Daniels before the 2016 election. A conviction could result in probation or a prison sentence of 1 1/3 to 4 years for each count, with a maximum of 20 years as determined by Judge Merchan.
During the closing arguments, the prosecution is expected to emphasize the role of each witness in building the case, countering any defense claims that Cohen's questionable credibility undermines their argument. The prosecution aims to establish that the evidence, along with additional testimonies, supports their claims, making this a "documents case."
Throughout the trial, prosecutors repeatedly presented the 34 documents constituting the falsified business records charges. These documents include 11 invoices, 12 vouchers, and 11 checks, which were used to pay Cohen $420,000 in 2017. The prosecutors showcased how Cohen sent monthly invoices to the Trump Organization, which were processed and resulted in nine checks being signed by Trump himself. Additional checks were signed by former Trump Organization Chief Financial Officer Allen Weisselberg and one of Trump's sons.
Karen Friedman Agnifilo, a former top prosecutor in the Manhattan District Attorney's Office, explained that the prosecution is likely to present several themes during their closing arguments. These themes may include highlighting that most witnesses were individuals associated with Trump, debunking the defense's argument that their testimonies lack credibility. Furthermore, the prosecution may focus on the type of people Trump surrounded himself with, such as Cohen and David Pecker, suggesting that their actions were reflective of Trump's choices and intentions before the 2016 election.
Despite the trial's duration, the length is not expected to pose significant challenges during the jury's deliberations. The jurors were allowed to take notes during the trial and can request specific parts to be read back to them. Furthermore, they have the option to review exhibits presented as evidence while considering their decision.
As the closing arguments approach, both the prosecution and defense are aware of the importance of their statements, not only in securing a verdict but also in marking a significant milestone in this historic trial.