Retired New Jersey Superior Court Judge Andrew Napolitano, now a senior judicial analyst for Newsmax, scrutinized the unfolding N.Y. trial of former President Donald Trump, highlighting defense strategies for cross-examination as a key witness took the stand Monday.
The first witness, former National Enquirer publisher David Pecker, faced intense scrutiny as the trial commenced.
"There's not much they can do to attack the credibility of David Pecker except that he was given immunity, so they can argue, 'look, it was a bribe, Mr. Pecker, because you're here to please the government, and if you don’t please the government, and if you don't say what the government wants you to say, they're gonna prosecute you for your involvement in this so-called deal,' " Napolitano said.
Appearing Monday on "Carl Higbie Frontline," Napolitano highlighted the nuanced strategies available to Trump's defense team, including challenging the credibility of witnesses and questioning the motives behind the prosecution. He emphasized the importance of effective cross-examination in undermining the prosecution's case.
"Now there's a more subtle argument to be made," Napolitano explained. "The court will not let Trump's lawyers say this is a political prosecution, but Trump's lawyers can argue this is an inappropriate use of government law enforcement resources.
"Trump was investigated by the Feds, he added, who decided not to prosecute for this very same set of events, and [defense counsel can] put those federal prosecutors on the stand as part of your defense."
Napolitano pointed to potential lines of attack, such as highlighting inconsistencies in witness testimony and leveraging past statements to challenge credibility. He underscored the significance of impeaching witnesses like Michael Cohen, who previously praised Trump but later faced charges of lying under oath.
"They've [Stormy Daniels and Michael Cohen] both told officials the opposite of what they're about to tell this jury, so were they lying then, or are they lying now?" he asserted.
Napolitano added, "An effective cross-examination can impair their credibility."
In the trial, prosecutors and Trump's defense team clashed today over allegations of illegal payments and falsified records aimed at influencing the 2016 election, CNN reported.
Prosecutors and defense attorneys delivered their opening statements, setting the stage for a contentious legal battle.
Defense attorney Todd Blanche vigorously asserted Trump's innocence, emphasizing the former president's alleged detachment from the actions in question. Meanwhile, prosecutors painted a narrative of illicit payments and subsequent cover-ups, aiming to sway the jury with allegations of wrongdoing.
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Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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