Politics - News Analysis

Trump Could Win Hush Money Case, But it Would Mean Openly Admitting to His Affair With Stormy Daniels

Former first lady Melania Trump is famous for her love of privacy, but she may be forced to do something she will likely find deeply unpleasant: She may have to testify as part of her husband’s criminal defense on felony charges. If the case ever goes to trial, that is.

As BusinessInsider reports, it’s been more than a week since former President Donald Trump was indicted on 34 charges of falsifying business records but legal experts are casting doubts on Manhattan District Attorney Alvin Bragg’s case.

“I would not be surprised if you see this be a hard-fought legal battle before we even start to talk about whether they could prove this at a trial,” Joshua Ritter, a partner at El Dabe Ritter Trial Lawyers and a former Los Angeles County prosecutor told Insider.

The battery of charges that Trump now faces stems from an alleged hush money payment to adult film star Stormy Daniels prior to the 2016 election. Michael Cohen, Trump’s former attorney, and fixer pleaded guilty to numerous felonies connected to the payment in 2018 and spent about 13 1/2 months in prison and a year and a half in home confinement.

The silly thing here is that despite the fact that Cohen was incarcerated all this time for making the payment, Trump still denies (allegedly) having sex with Daniels and he plead not guilty to all the counts against him in a Manhattan courtroom last week.

Trump’s indictment is the first of its kind against a former president but despite this legal experts are skeptical about the strength of Bragg’s case, and two former prosecutors have told Insider that it’s unlikely the case will ever go to trial.

But that doesn’t mean it’s impossible that Trump will find himself on trial in 2024 or later, and this led three former prosecutors to speculate on what possible defense strategies the ex-president could use if this happens.

That’s where Melania comes in.

Yes, Trump keeps denying he ever had sex with Daniels but the prurient details of the alleged affair may hand the 2024 presidential hopeful an almost perfect defense, said Neama Rahmani, president of West Coast Trial Lawyers and a former federal prosecutor.

But to engineer a defense like this, Trump would either have to admit he was unfaithful to Melania, whom he married in 2005 and was reportedly enraged over his alleged unfaithfulness, or he would have to maintain his stance that Daniels was extorting him for money.

“If jurors believe he did this, not to help his election but to save his family from embarrassment, then it’s not a felony, it’s a misdemeanor,” Rahmani told Insider. “It’s a pretty reasonable defense, too. Who wants their wife and kids to know they’re having an affair?”

That’s what Ritter had to say as well, noting the former president’s defense could portray him as not being afraid for his presidential campaign, but as someone who “happened to be accused of infidelity.”

“There are many men who would make those payments if it avoids trouble at home,” Ritter said.

But who really knows if Melania would cooperate? She was conspicuously absent during Trump’s arraignment. However, the defense might not even need her support or cooperation if this tactic is used. That could be important given the fact that she’s largely kept herself out of the spotlight in recent years. That of course was never more obvious than her no-show at the Manhattan courtroom last week.

Ritter doesn’t fail to note that, of course, the former first lady showing up for her husband in court would definitely help his case, but he adds her testimony at such a trial would be unnecessary and unlikely.

“As much as she may be the impetus for why he would make such a payment, her thoughts or understanding of what went on is irrelevant,” Ritter said.

This type of defense could suitably impress the jury, per legal experts, especially if Trump portrays himself as a successful businessman who could easily be targeted by extortion and decided to pay off Daniels in order to protect her personal life.

“As long as he keeps it in that kind of tone, he may have 12 jurors looking around at each other going ‘what are we doing here?'” Ritter concluded.

I have no idea how any of this will play out but I’m certain Melania hopes this circus will pass right by her so that she can keep her privacy intact.

All I know is that I hope Trump is nervous. I hope he’s sweating this out. He’s always believed he’s invincible and can do whatever he wants. I hope he finds out that is no longer true.

meet the author

Megan has lived in California, Nevada, Arizona, Texas, Louisiana, Mississippi, and Florida and she currently lives in Central America. Living in these places has informed her writing on politics, science, and history. She is currently owned by 15 cats and 3 dogs and regularly owns Trump supporters when she has the opportunity. She can be found on Twitter at https://twitter.com/GaiaLibra and Facebook at https://www.facebook.com/politicalsaurus

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