The defense team of former U.S. President Donald Trump is reportedly contemplating a strategic approach that could potentially lead to a lesser charge in his forthcoming hush-money trial. This trial is set to commence this Monday.
This marks the first time a former U.S. president will face criminal trial charges related to allegations of falsifying company records during the 2016 campaign.
Jonathan Turley, a law professor at George Washington University and a contributor to Fox News, provided insights into possible defense strategies during an appearance on "Fox & Friends." He highlighted the consideration of a lesser charge if the jury remains unconvinced about the felony charges.
During his discussion, Turley elaborated on the defense team's potential move to request that the court allow the jury to consider convicting Trump on a misdemeanor rather than a felony. This strategy is not uncommon in legal proceedings where there is uncertainty about the jury's decision on more severe charges.
"The second issue involves a fairly standard motion that occurs when you believe that the jury may not agree that the big ticket item of a charge, the felonies, is proven,” Turley explained.
This approach could be advantageous for the defense, emphasizing a potential mitigation from felony to misdemeanor which might lead to reduced legal repercussions for Trump.
The upcoming trial on Monday begins the first of four criminal indictments set to be tried against Trump. These charges are unprecedented in the history of former U.S. leaders and have attracted widespread attention.
Trump faces accusations in this case of falsifying records at his company -- an act aimed allegedly at masking payments made during his 2016 presidential campaign. These payments included $130,000 to adult film actress Stormy Daniels, intended to prevent her from publicizing claims of a past extramarital sexual encounter with Trump.
The payments were reportedly directed through Trump's former attorney, Michael Cohen, thereby complicating the paper trail and the legal implications.
According to legal experts, including Turley, these proceedings are significant not just for their historical precedent but also for their implications regarding the interpretation of corporate and campaign finance laws.
“For Trump, there could be personal resistance to even suggesting a possible misdemeanor conviction, but politically and legally, it would be a very significant advantage for him,” Turley mentioned. This statement reflects the complex considerations the defense must balance in strategizing for the trial.
Turley's commentary helps underscore the strategic nuances that could play a critical role in how the trial unfolds from next week.
The nature of the allegations and the high profile of the defendant make this trial one of the most closely watched legal battles in recent U.S. history.
Legal outcomes from this trial could set precedents regarding how similar cases might be handled in the future, particularly those involving high-ranking public officials.
Moreover, the potential for Trump to face a misdemeanor rather than a felony could impact the broader legal battles he faces, potentially influencing the approaches of the legal teams in the other pending trials.
In conclusion, Donald Trump’s defense might propose a strategy of seeking a conviction on a lesser charge if doubts remain about the felony allegations in his hush-money trial, starting Monday. This trial, a historic first involving a former U.S. president, pertains to charges of falsifying corporate records to conceal payments meant to suppress negative publicity during the 2016 campaign. Insights from legal expert Jonathan Turley highlight that while such a move might offer a tactical advantage, it does not come without significant risks and implications.
