Former President Donald Trump's attorneys are carefully crafting their defense strategy in the ongoing New York trial, balancing the need to discredit key witness Michael Cohen while avoiding admissions that could damage Trump's credibility.
In a column for National Review, legal analyst Andrew McCarthy provides insights into the defense strategy employed by Trump's attorney, Todd Blanche. Blanche is tasked with undermining the credibility of Cohen, Trump's former lawyer, who has provided damaging testimony against Trump. However, Blanche must tread carefully, as Cohen was once a trusted associate of Trump, and the defense cannot afford to inadvertently bolster Cohen's claims.
McCarthy argues that Blanche's primary goal is to sow enough doubt about Cohen's reliability that the jury will be reluctant to convict Trump based solely on his testimony. However, Blanche must also avoid making Trump appear overly defensive or concerned about the NDAs, as this could suggest guilt.
McCarthy anticipates three key areas of focus for the defense as the trial progresses:
1. The "Retainer" Agreement: Bragg's accusation that Cohen's invoices were fabricated hinges on Cohen's assertion that there was no formal retainer agreement and that the $35,000 monthly payments were exclusively for the Stormy Daniels NDA. However, evidence suggests that Cohen held himself out as Trump's attorney in 2017, performed legal work for him, and that the payments exceeded the cost of the NDA.
2. Robert Costello: Costello, a former attorney for Cohen, has testified that Cohen's testimony is riddled with falsehoods. Blanche is expected to use Costello's testimony to further discredit Cohen. Costello could even be called as a witness for the defense.
3. Federal Campaign Finance: Trump's team is considering calling former FEC official Bradley Smith to testify as an expert witness to explain that NDAs are not considered campaign expenditures under federal law. This testimony could counter Cohen and David Pecker's claims that they believed the NDAs violated the law.
McCarthy concludes by emphasizing that while the trial is nearing its end, there are still potential twists and turns ahead. Trump's attorneys face the challenge of constructing a defense that protects their client's reputation while also addressing the damaging allegations presented by the prosecution.
