close

Politics - News Analysis

It Appears Melania Is Quietly Undermining Her Husband’s Defense in His Hush Money Trial

By

In an opening statement, attorneys are not allowed to “argue their case” or persuade – they are only allowed to discuss the evidence that they will present to the jury. But even the most inexperienced, dullest judges know that the opening statement can begin with one punch and only one. Donald Trump’s attorneys’ opening punch laid out their strategy – Trump, as the family man, had a problem with his wife.

Trump’s attorney, Todd Blanche, made the billionaire ex-president sound like the guy next door, stating – “He’s a man. He’s a husband. He’s a father. He’s a person just like you and just like me.” Ergo, why would he want his wife knowing about an affair?

Were it not for Ivanka, one might forget that Trump even has kids, never mind the fact that he owns a place like Trump Tower, was a celebrity reality television show star, the GOP nominee for president, and – well, a former President of the United States (though not at the time of the alleged payment to Stormy Daniels.

You see, one element of the crime of which Trump is accused is that he made the payment against Federal Election Commission rules regarding in-kind payments. (That element lifts the NY falsifying business records to a felony if the falsification was done to cover up another crime.) The prosecution must prove that Trump falsified business records in violation of campaign rules.

But Trump’s team has come up with a rather ingenious defense strategy. They maintain that Trump made the payment in order to keep the affair hidden from Melania, who would be hurt and angered by the payment. You will note that the two justifications are not mutually exclusive.

** As an aside, the prosecution could argue that even keeping the affair from Melania was a political strategy. After all, this was the “grabber” and having Melania file for divorce a week ahead of the election wouldn’t be a good look.

The defense is ingenious in that it’s not obvious and – again – is likely partly true. The only problem is that Melania doesn’t care – at least about this trial – such that she can’t bother to show up and play the concerned wife. It is tough to play the “family man” defense when no family member is in the courtroom showing their support.

People have noticed:

Right.

According to Salon, it gets worse. Not only are none of his sons showing up in support. But Ivanka is posting vacation pictures rather than staying in New York City, where she could at least speak to dear old dad in the evenings.

Appropriate picture, given that Trump is stuck between a rock and a hard place and could fall to his political death (though probably not, the NYC case doesn’t have the punch that the other cases have).

This is almost too stunning to be true, but it comes straight from the same Salon article:

Trump is so lonesome that he’s dreaming up imaginary friends to comfort himself, claiming “thousands” of people are clamoring to be with him but are being stopped by invisible police officers. As Lawrence O’Donnell pointed out on MSNBC, even “Jeffrey Dahmer’s parents were there every single day” for his trial.

So that’s that. It really does matter to a jury. If they are hearing that Trump is so concerned that a loving wife might hear about the affair, shouldn’t that loving wife – who definitely heard about the affair – be at the trial?  She has said that all these charges are political (though the jury cannot consider such statements), and so shouldn’t she be there?

The guy next door would either have a wife who divorced him over the revelation or have a wife concerned that a private family affair is being used against her husband – with whom she’s made amends.

Again, juries notice. That punch was thrown and is now likely dodged.

****
Jason Miciak is Executive Editor for Political Flare and an Editor at Large for Occupy Democrats and can be reached at [email protected]

Jason Miciak
meet the author

Jason Miciak is a political writer, features writer, author, and attorney. He is originally from Canada but grew up in the Pacific Northwest. He now enjoys life as a single dad raising a ridiculously-loved young girl on the beaches of the Gulf Coast. He is very much the dreamy mystic, a day without learning is a day not lived. He is passionate about his flower pots and studies philosophical science, religion, and non-mathematical principles of theoretical physics. Dogs, pizza, and love are proof that God exists. "Above all else, love one another."

Comments

Comments are currently closed.

Recent Stories

Trending Stories