Former President Donald Trump reportedly said Friday he would “absolutely” testify in his New York criminal trial regarding allegations of falsifying business records to cover up hush-money payments to porn star Stormy Daniels.
But former New Jersey Superior Court Judge Andrew Napolitano told Newsmax it might not be wise for Trump to testify at his trial, which began Monday with jury selection.
“The issue that they’ll have to face at the end of the government’s case is, does Donald Trump take the witness stand?” Napolitano told “Carl Higbie FRONTLINE” on Monday. “When a witness testifies in a criminal case, the witness can be cross examined on the subject of the testimony.
“When the defendant takes the stand in a criminal case, the defendant can be cross examined on anything that happened in his prior life. The government would love nothing more than to have that opportunity.”
Napolitano said the case will hinge on the testimony of Daniels and former Trump attorney Michael Cohen, who made the alleged hush-money payment to Daniels to prevent disclosure before the 2016 election of an alleged affair she had with Trump. The former president has vehemently denied any wrongdoing in the case and of having an affair with Daniels.
On his Truth Social account Wednesday, Trump posted a signed letter from Daniels dated Jan. 30, 2018, in which she wrote, “I am not denying this affair because I was paid ‘hush money’ as has been reported in overseas owned tabloids. I am denying this affair because it never happened.”
“Todd Blanche, a very fine criminal defense lawyer who is the former president’s chief lawyer, will have a field day cross examining her, just as he will have a field day cross examining Michael Cohen, who has already been convicted of lying [to Congress].” Napolitano said. “The case will rise or fall on the testimony of Stormy Daniels and on the testimony of Michael Cohen.
“If [Blanche] he can successfully cross examine the two of them and undermine their credibility, it’s hard for me to believe that the jury will convict the former president.”
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