It was a mistake by the defense in former President Donald Trump's New York business documents case to put any witness on the stand, former New Jersey Superior Court Judge Andrew Napolitano told Newsmax on Tuesday.
Trump's defense team apparently did not want to put lawyer Robert Costello on the stand, but was overruled, reportedly, by the former president, Napolitano told "Newsline."
Napolitano explained his reasoning that if the defense team had not brought any witnesses it would have sent a message to the jury that the case is such a "nothing" and so flimsy that the defense team does not even need to bring in any witnesses.
But, Napolitano said that the moment they put Costello on the stand, then the jury was probably thinking why they did not bring more to bolster their case and diminished what would have been a stronger statement had the defense not brought any witnesses.
Anticipating next week's closing arguments, Napolitano said the most important thing the defense team can do is to compile a list of all the times Trump's former attorney Michael Cohen, who testified against the former president, had admitted to being a liar and a criminal to illustrate clearly why he is so unworthy of belief and to demonstrate that no defendant's freedom should be in his hands.
"I think that kind of argument will be very powerful, will resonate with the jurors and can be made."
The government, on the other hand, will depend on the corporate documents that show all the various payments, without mentioning Cohen at all.
However, due to the complexity of the case, Napolitano stressed that "the government has a very, very difficult job to tie it all together so that it makes sense" to the jury.
If the government's closing argument turns out to be so weak, the jury's deliberation will be very quick and come back with a not-guilty verdict.
Napolitano also stressed that Judge Juan Merchan made a major mistake by not ruling on the defense's request a day earlier for a mistrial.
Napolitano said that Merchan is "asleep on the switch on this" and that he has "a moral and ethical obligation to make a decision on this before the defense makes its presentation."
About NEWSMAX TV:
NEWSMAX is the fastest-growing cable news channel in America!
- Find Newsmax channel in your home via cable and satellite systems – More Info Here
- Watch Newsmax+ on your home TV app or smartphone and watch it anywhere! Try it for FREE -- See More Here: NewsmaxPlus.com
Brian Freeman ✉
Brian Freeman, a Newsmax writer based in Israel, has more than three decades writing and editing about culture and politics for newspapers, online and television.
© 2024 Newsmax. All rights reserved.