Opinion | ‘Trump’s Character Is Egotistical and Combative’: Three Writers Dissect the Trial – The New York Times
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Guest Essay
David French, Rebecca Roiphe and
Mr. French is a Times columnist. Ms. Roiphe is a former assistant district attorney in the Manhattan district attorney’s office. Mr. White is a former federal prosecutor.
David French, a Times columnist, hosted a written online conversation with Rebecca Roiphe, a former assistant district attorney in the Manhattan district attorney’s office, and Ken White, a former federal prosecutor, to discuss Donald Trump’s Manhattan trial and Michael Cohen’s testimony.
David French: Let’s start with a big-picture question. I have less trial experience than either of you, but this deep into a trial, I always had a sense of the momentum of the case, of who is winning and who is losing. Who is more pleased with the course of the trial so far — the prosecution or the defense?
Rebecca Roiphe: In my view, the prosecution is happier about how things are going than the defense. They have established the backbone of the case, which is the false records, and they have provided a great deal of circumstantial evidence tying Donald Trump to those records and establishing his intent.
Ken White: When you ask who is more pleased with the course of the trial, remember that Trump is usually pursuing a public relations and political strategy at the expense of good courtroom strategy. In that sense, I suspect Team Trump is happy that he’s getting lots of airtime to push his narrative that he’s a victim of the elites and that the trial doesn’t seem to have had much of an impact on his polling numbers.
If you ask me as a trial lawyer, I agree with Rebecca that the D.A. is doing a solid job proving the elements of its case and telling the story in a way likely to grab the jury. So far, they are hitting all the necessary points.
French: Stormy Daniels’s testimony was far more riveting and disturbing than I anticipated. She described a sexual encounter that was fundamentally exploitive and potentially even predatory. In the aftermath, Trump’s lawyer moved for a mistrial, claiming that the details of that testimony could prejudice the jury. What was your assessment of her testimony? Did the prosecution make a mistake in asking her to describe the details of the encounter?
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