Is Donald Trump's best defense to testify?
unfortunately, it's also his worst legal move
The cross-examination of Michael Cohen in the Porn Star Payoff case against Donald Trump is not going well. For either side quite frankly.
Michael Cohen may have walked away from the Dark Side; but he was really good at what he did and it needs to said “No one can be that good at something unless their heart is in it.”
But, let’s put a pin in that for a moment and ask the obvious “Should Donald Trump testify?”.
On the testify side is pure Trump. Deny the the sex and deny the payoff. Blame everyone but himself.
On the don’t testify side is bunch of documents, the Karen MacDougal affair, the “Art of the Deal” book, and a couple of millennia of courtroom history.
The biggest problem with Donald Trump not testifying is that the lack of a story doesn’t work well. Without witnesses, expert testimony, or Donald Trump, this case goes to the jury room with a well document tale of a felony.
But Donald Trump can’t testify.
First, he’s horrible in legal depositions and cross examination is a million times worse. You can’s take the Fifth, can’t consult your lawyer, and you can’t refuse to answer a question.
Second, if Donald Trump is on the stand; everyone is going to find out he can’t read. Okay, that’s not fair but he isn’t reading much beyond 4th or 5th grade level.1 And, it’s worth mentioning that he really never seems to read at all.2 3
Cross examination is going to be, much like the Michael Cohen’s direct testimony, identifying documents and reading parts of those documents. And he might even have to read from “The Art of the Deal”.
Third, above mentioned book which was ghost-written for Trump in the 1980s is filled with quaint quotes by him about how carefully he watches his business. In fact, he comes across as a micro-manager. A point that was illuminated during his civil fraud trial.
Fourth, the revelation that Melania Trump came up with the “locker room talk” explanation for the “Access Hollywood” tape scuttles the “hiding affairs from the wife” defense.
Fifth, the last thing Donald Trump wants to be asked about isn’t about sex with a porn star. It’s his rather lengthy affair with Karen MacDougal.
The case will continue on Monday because Donald Trump is attending his son’s graduation on Friday and speaking at a political fundraiser on Friday. In two different states.
https://www.dailykos.com/stories/2019/1/11/1824456/-Serious-question-Is-Trump-Functionally-Illiterate
https://www.theatlantic.com/politics/archive/2018/01/americas-first-post-text-president/549
https://theweek.com/articles/915606/trumps-lethal-aversion-reading