Ten days into former President Trump’s criminal trial in New York and six days into testimony from witnesses, Judge Juan Merchan spent significant time evaluating possible violations committed by Trump of the court-imposed gag order. The court also heard from a lawyer for Stormy Daniels and Karen McDougal, as well as a forensic expert who analyzed phone conversations between Trump and his former lawyer, Michael Cohen.
Gag Order Concerns
Earlier this week, Judge Merchan fined Trump for nine violations of the gag order and threatened jail time for further intentional violations.
In each instance, Judge Merchan has to parse the balance between Trump’s right to defend himself and exercise free speech, especially as he is on the national campaign trail, and his need to comply with the gag order to protect witnesses, jury, and others who could be negatively impacted by the force of Trump’s public communications.
Testimony from Keith Davidson
Up for testimony this week was Keith Davidson, who represented both Stormy Daniels and Karen McDougal in the alleged hush money transactions. One of Davidson’s roles was to prepare a statement for Daniels denying an affair with Trump.
“What have we done?”
Davidson told of a specific moment in history when he sent a text message saying, “What have we done?” to the National Enquirer editor on the night that Trump won the Presidential election.
Prosecution Argued Davidson Understood Political Implications of Affair Story
The prosecution argued that the implications of this message are that Davidson and the National Enquirer had a concept that they were assisting Trump’s campaign through their efforts.
Forensic Analysis of Trump-Cohen Recording
The prosecution also submitted to the court a recording of a conversation between Michael Cohen, Trump’s former lawyer, and Trump where they discussed the arrangements for the hush money deal. The audio recording had been analyzed by a computer forensic expert.
Trump’s Reaction to Gag Order
After court adjourned for the day, Trump addressed the public to indicate how the gag order was impeding his ability to campaign for the Presidency, as his speech was restricted, and he was not able to respond to accusations freely.
Trump Suggests He Won’t Testify
It is unknown if Trump himself will testify in his criminal trial. Legal experts suggest it would be unwise for him to do so, but others who know Trump believe he would not pass up the opportunity to take the witness stand. It is unclear whether the gag order would inhibit his ability to take the witness stand.
Implications for the Trial
Court watchers state that the audio recording between Cohen and Trump, as well as Davidson’s testimony showing knowledge that his actions likely had an impact on election night, are weighty arguments on the side of the prosecution.
Legal Strategy and Public Statements
The complexity of this trial, alongside the demands of a public Presidential campaign, a restrictive gag order, and the plethora of legal challenges facing Trump at one time, pose a dizzying lineup of high-level concerns for Trump and his legal team.
Election Impact
There is no question that Trump’s ability to campaign will be hindered and hampered by the obligations to participate in the New York criminal trial. While Trump’s legal situation is certainly unique, as he is the only former President to be on a criminal trial, let alone four of them, this Presidential race at large is also an anomaly.
Presidential Race Between Two Well Known Presidents over 70 Years Old An Anomaly
Little campaigning needs to occur as the American voting public is already well aware of both candidates and the platforms they represent. Due to their advanced ages, both men will likely benefit from an unusually slow-paced and un-event-filled itinerary leading up to the election.
Next Steps in the Trial
While the prosecution is just getting started, more witnesses are expected to take the stand to share how much Trump knew and was involved in the hush money payments and whether the transactions were made in the interest of furthering Trump’s electoral goals.
Public and Media Reaction
Though New York courts do not permit live media coverage, the media and the public remain tuned in to developments in the Trump trials. Everyone, from top Republican Senators to service-disabled Vietnam-era veterans to 18-year-old civics students, wants to know if former President Trump will be found guilty of criminal charges if he will serve time in jail, and what will happen if he is found guilty after he is (if he is) elected in November.
