Trump’s rants on the stand did not help his case one bit. Per CNN: “Judge Arthur Engoron, who has clashed with Trump throughout the trial, at first tried to stop the former president’s political barbs and speechifying, telling his lawyer Chris Kise to “control your client” and threatening to have Trump removed as a witness.”
The prosecution was trying to connect the overvaluations to actions Trump either initiated or approved. Also, questioning Trump about known facts, and getting a dishonest reply, would further diminish his credibility. Of course, his legal team would coach him on ways to be evasive, but not dishonest.
Why did his testimony hurt him? When a question is not directly answered, then the judge can conclude that the witness refused to answer the question. In this civil case, the judge can infer this in a negative manner, further linking Trump to the fraud. Of course, the negative inferences can be raised on appeal.
I watched various news channels, and of course, Fox News commentators were trying to make financial fraud look like something that shouldn’t be a crime because no one was hurt by his fraud. This is terribly wrong. Fraud hurts the integrity of the system. I can get a bank loan based on my real income and assets. I don’t want someone else qualifying based on fraudulent appraisals, and getting approved with better terms by making numbers. That’s outrageous and makes a mockery of our laws and rules.
Finally, Fox News commentators stated that the AG James of New York State targeted Donald Trump’s organization. Well, this was only after his attorney and fixer, Michael Cohen, admitted under oath in Congress, that the Trump organization including Donald Trump and CFO Allen Weisselberg routinely “cooked the books” to impress banks and insurers. So, all Attorney General Letitia James was saying at election time, is that she would prosecute anyone where there was ample evidence of wrongdoing including Donald Trump. And, they were cooking the books on all their properties in New York State, so it was fraud on a massive scale.
A fireman goes where there is smoke. AG James was just doing what the state pays her to do – enforce the laws for everyone.
Usually, if some evidence beneficial to a defendant has not been presented during questioning by a prosecuting attorney, the defense attorney on cross examination, will allow defendants a chance to provide more evidence. The defense decided not to cross examine Trump, because his ramblings about politics and his wealth would not help him.
Fox News commentators will not be reporting how 3 appellate judges, all appointed by presidents from the Democratic Party, ruled in favor of Trump this week, in lifting the temporarily the gag order in the federal January 6 case. Judges look at the briefs, laws and precedents, not politics.
Also, cases to disqualify Trump from the ballot are being heard in Colorado and Minnesota. I am hopeful these cases will fail, as I believe, a democracy has to let all voters select their president.
The process of equal justice based on the law takes time. Trump’s legal team will immediately appeal Judge Engoran’s verdict. And they will request his judgement be stayed until the appeal can be decided. This is another check against judgements based on errors committed in the court proceedings.
So, this case will continue into 2024.
Stay tuned,
Dave