What the hell can Todd Blanche say in closing argument for Donald Trump?

Especially when the DA gets the last shot in New York

Closing arguments and opening statements are the bookends of trials.

In opening statements, lawyers on both sides tell you a story about the case.

Closing arguments are basically a fiction versus non-fiction classification of that story.

In criminal cases, there is a bit more nuance.

Criminal defense attorneys tell juries, parts of the story are missing or more importantly parts of the story are not “non-fiction” enough. They also will tell you some of the characters are liars, villains, or conspirators lined up against their client.

The story Todd Blanche told the jury at the start of the case is that there was no affair with Stormy Daniels, no sex with Stormy Daniels, no payment to Stormy Daniels, and everything paid to Trump’s lawyer, Michael Cohen, was a retainer fee.

Now unless Todd Blanche decides to admits his story was pure fiction, he has few avenues to argue.

First, he can (and most likey will), say Michael Cohen is a convicted perjurer and liar. Problem with that argument is that the DA has made that fact clear through out their case in chief. Plus, Michael Cohen did not testify to anything that wasn’t backed up by documents and independent testimony.

Second, Blanche is going to ask the jury to question Michael Cohen’s integrity. Problem with that is that all of Cohen’s lies, as Trump’s attorney at the time, were to protect his client, Donald Trump. When the crap starting hitting the fan, Cohen literally stood in front of it to keep Trump’s cheap suit and tie looking like it had just come from the dry cleaners.

Third, Blanche will likely talk about Cohen’s podcasting and the invective he has thrown at Donald Trump as revenge testimony. Problem with that is that Donald Trump threatened Michael Cohen and his family with harm.

Of course he can ignore what he said in his opening statement and just say things like “they haven’t proved their case” or “the law is wrong here”. More likely is Blanche will argue that “the reimbursements were actually retainers and my client never met Stormy Daniels.”

The reason for this prediction is that Trump wants lawyers who double down on his lies, his mistakes, and his perception of reality.

In New York and a number of other jurisdictions, the prosecution goes last in closing arguments. The rationale for this approach is that the state has the burden of proof and should have the last word on it. (The rationale for letting the defense go last is that the accused should be able to make the final argument that the burden of proof beyond a reasonable doubt has not been met).

That means not only does the Manhattan DA have a chance to rehash the evidence, he gets to tell the jury that Todd Blanche told you a fictional story at the start of the case. And he gets to add the zinger “we proved everything that Michael Cohen testified to with corroborating documents and testimony.”

Then the best part is after the DA says here are the legal elements of the statute and how we proved each and every one beyond a reasonable doubt, the judge will reiterate those elements in the jury instructions.