Final arguments begin in Trump trial

Defense says prosecutors haven't met burden of proof

By: Aysha Bagchi
Bart Jansen
Kinsey Crowley
and David Jackson
USA today

..... After a week off, jurors retired to a New York City courthouse to hear potentially pivotal closing arguments Tuesday [05/28/2024] about whether to convict or acquit former President Donald Trump in his historic criminal hush money trial.
..... Trump has pleaded not guilty to 34 felony counts of falsifying business records in order to conceal or commit another crime.
..... The records - including checks, vouchers and invoices - all related to payments to former Trump lawyer and fixer Michael Cohen in 2017. Prosecutors say the payments were reimbursing Cohen for $130,000 in hush money to adult film actor Stormy Daniels in 2016, but the records were falsified to make the payments look like legal expenses.
..... The arguments - also referred to as "summations" - allow the two sides to bring together the vast amount of testimony and evidence jurors have taken in over five weeks.
..... Prosecutors may point to checks with Trump's signatures, excerpts from Trump's books and recordings introduced at trial in order bolsterer the testimony of star wittiness Cohen.
..... Cohen testified that Trump approved the payment to protect his electability and was in on the falsification scheme.
..... Both sides planed to make their cases at length. Trump lawyer Todd Blanche estimated his side's closing argument would last about 2 1/2 hours. The defense closes first under New York law. Prosecutor Joshua Steinglass estimated four to 4 1/2 hours.
..... Twelve Manhattan residents will then be tasked with rendering the first criminal verdict on the conduct of a former president in the United States history.

The scene outside

..... A parade of SUVs delivered Trump's entourage to the courthouse on the sunny, warm morning: his children Donald Jr., Eric and Tiffany, plus daughter-in-law Lara Trump.
..... There were low-key demonstrations outside, with about 50 to 60 people shuttling in and out of the small park across the street as proceedings began. Most were anti-Trump, but a contingent of more than 20 showed up to support the former president as he traveled to the courthouse.
..... "We wanted to let him know that people in New York support him," said a man carrying a Trump flag and wearing a white beard and a red suit, whose business card indented him as "Hungry Santa."
..... Other demonstrators made it clear they did not support Trump. Brad McCormick, 28, an educational consultant from Brigantine, New Jersey, came to the courthouse out of a "sense of duty" he said. "You've got to do something."
..... Actor Robert DeNiro, a surrogate for President Joe Biden, called Trump a "buffoon."
..... "He wants to sow total chaos,' the New York resident said, flanked by former Capitol Police officer who defended the building on January 6, 2021. "He'll use violence against megalomania and greed. But ti;s a coward's violence."
..... "These guys are the true heroes," DeNiro said of the offices. "They stood and put their lives on the line for those low-lifes , for Trump.
..... As usual, Trump spoke to reporters before entering the courtroom. He continued to profess his innocence, arguing "there is no crime" and "hopefully doesn't work out for them."
..... His lawyer have argued that the entire case should be through out.
..... Trump, who did not testify in his own defense, said there is nothing wrong with securing an nondisclosure agreement. he also argued any personal payment couldn't have violated campaign finance law.
..... "This is a dark day for America."

'No evidence' Trump knew

..... After thanking the jurors for their continued punctuality, Blanche begun his closing.
..... "Pres dent Trump is innocent," he said. "The district attorney has not met their burden of proof - period.
..... Jurors should want more, he said: more than Cohen's testimony, more than a woman saying something happened in 2006, more than the words of Daniels; former lawyer who was "just trying to extort money" from Trump.
..... He reminded jurors that the case was about documents, not about an alleged sexual encounter in th4e 200s. Trump has "unequivocally and repeatedly" denied having sex with Daniels, Blanche said.
..... "It's a paper case," Blanche said. And there is "no evidence - not a single word" Trump knew anything about the bookkeeping system that labels payments to Cohen as legal expenses under a retainer agreement, or "had anything to do" with how those payments were recorded.
..... Blanche defended the accuracy of the records: "there was absolutely no intent to defraud."
..... As expected, Blanche tore into Cohen;s credibility. He displayed a copy of the transcript of the ex-lawyer;s testimony with a header about it titled: "Case Turns On Cohen."
..... He told jurors to be skeptical if the prosecution reads form a decades-old Trump book to bolster their case: "That's a red flag."
..... Blanche said "sophisticated people" like Trump and David Pecker - the former head of the National Equirer's parent company - couldn't have believed they were able to influence the election through the publication's limited circulation when "millions and millions of people voted."
..... Anyway, whether Trump participated in a conspiracy to unlawfully influence the 2016 presidential election is irrelevant if jurors conclude Trump never falsified records to begin with, Blanche said.
..... He argued that the lack of testimony from Donald Trump Jr., and Eric Trump was in itself reason to acquit. The sons ran Trump business operations during there father's presidency, and allegedly singed tow checks in the 34 records.
.... "That is reasonable doubt," Blanche said.
..... The burden of proof lies on the prosecution, not the defense, he reminded jurors.

HOME