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Prosecutors and protection legal professionals for former President Donald Trump opened the New York legal trial on Monday by laying out their opposing sides of the case.

It’s clear {that a} major level of competition can be what occurred at a pivotal August 2015 assembly between Trump, his former fixer Michael Cohen and the previous writer of the Nationwide Enquirer David Pecker at which they’re mentioned to have agreed to search out and suppress detrimental tales that would have an effect on Trump’s 2016 presidential marketing campaign.

Cohen and Pecker would go on to facilitate hush cash funds that benefitted Trump. The crime Trump is accused of committing is falsifying paperwork to cover these funds after he grew to become president. Cohen went to jail after pleading responsible to violating marketing campaign finance legislation. Pecker has cooperated with authorities.

Cohen and Pecker, each now break up from Trump, can be key witnesses for the prosecution, and they’re anticipated to element what they are saying occurred at this assembly the place they conspired to search out and kill tales unflattering to Trump.

Smerconish: Will Trump testify?

An open query can be whether or not the third particular person in that assembly, Trump, will take the stand in his personal protection to offer his aspect of the story.

Whereas he’s beneath no obligation to testify, Trump has promised he’ll. Requested by a reporter at Mar-a-Lago earlier this month earlier than the beginning of jury choice if it might be dangerous for him to take the stand, right here’s what he mentioned:

“I don’t know, I’m testifying. I inform the reality. I imply, all I can do is inform the reality. And the reality is that there’s no case, they don’t have any case,” Trump mentioned.

Final week, Trump informed reporters exterior the courtroom that he needs to testify.

However taking the stand might result in Trump, beneath oath, being requested some very uncomfortable questions.

What prosecutors can and can’t ask Trump if he testifies

Decide Juan Merchan, in a ruling in regards to the scope of what Trump could possibly be requested, took an expansive angle, as CNN’s reporters within the courtroom, Kara Scannell, Lauren del Valle and Jeremy Herb, be aware.

They add of their real-time courtroom posts that prosecutors can cross-examine Trump on a number of authorized setbacks lately:

► $464 million civil fraud verdict – Trump was discovered to fraudulently inflate the worth of his properties.

► Gag order violations – These have been dedicated throughout the civil fraud trial for which Trump was fined $15,000.

► Defamation and sexual abuse legal responsibility – Juries in federal courts discovered that Trump defamed former journal columnist E. Jean Carroll when he denied her rape allegations. Trump was ordered to pay $83.3 million.

► His failed basis – Trump reached a settlement with the New York lawyer normal that led to the dissolution of his namesake basis.

Merchan dominated prosecutors couldn’t ask Trump, if he testifies, about his lawsuit in opposition to Hillary Clinton {that a} decide mentioned was frivolous or the 2022 Trump Group tax fraud conviction in opposition to his firm.

In a CNN Opinion piece, Joey Jackson, a CNN authorized analyst and legal protection lawyer, described what sort of protection he expects from Trump’s group throughout the trial. Jackson argued that it doesn’t matter what Trump says, whether or not he testifies “will doubtless be a sport time choice.”

When CNN’s Jake Tapper requested Will Scharf, one in every of Trump’s attorneys, if he believes Trump ought to testify, Scharf additionally mentioned that call must be primarily based on “how the trial proceeds.”

“I’ve mentioned that I believe President Trump can be a compelling witness if he does testify, as a result of on the finish of the day, he did nothing improper,” Scharf mentioned.

When juries and a decide have seen Trump testify, he misplaced

The primary Carroll trial jury in 2023 was performed a videotape of Trump’s deposition by legal professionals. At one level in that testimony, Trump mistook a photograph of Carroll for his ex-wife Marla Maples. Learn extra about key moments from the video.

Trump briefly took the stand in separate defamation proceedings in January 2024.

Trump, in sworn deposition, discusses enterprise losses

At his civil fraud trial in 2023, there was no jury, however Trump did take the stand throughout the proceedings. He introduced a bombastic and combative type that drew rebukes from the decide within the case, Arthur Engoron, who later ordered Trump to pay a $355 million penalty.

Even when he doesn’t testify beneath oath within the New York legal trial, Trump has already mentioned fairly a bit in regards to the case – feedback that would presumably be introduced into proof. Throughout feedback exterior the courtroom final week, he tried to elucidate the funds reimbursing Cohen for the fee to the grownup movie actress Stormy Daniels.

“I used to be paying a lawyer and we marked it down as a authorized expense,” Trump mentioned. “Some accountant I didn’t know marked it down as a authorized expense. That’s precisely what it was, and also you get indicted over that?”

In a collection of tweets in Could 2018, earlier than Cohen’s final responsible plea, Trump admitted to paying Cohen and mentioned that cash was a “reimbursement.”

Listed below are these Trump tweets all collectively:

Mr. Cohen, an lawyer, obtained a month-to-month retainer, not from the marketing campaign and having nothing to do with the marketing campaign, from which he entered into, by means of reimbursement, a personal contract between two events, often known as a non-disclosure settlement, or NDA. These agreements are…..

…quite common amongst celebrities and other people of wealth. On this case it’s in full pressure and impact and can be utilized in Arbitration for damages in opposition to Ms. Clifford (Daniels). The settlement was used to cease the false and extortionist accusations made by her about an affair,……

…regardless of already having signed an in depth letter admitting that there was no affair. Previous to its violation by Ms. Clifford and her lawyer, this was a personal settlement. Cash from the marketing campaign, or marketing campaign contributions, performed no roll on this transaction.

Prosecutors additionally informed jurors they may hear recordings Cohen product of conversations by which he and Trump talk about the funds.

One different key factor to notice out of the prosecution’s opening assertion is that they need to painting this case as an election interference case somewhat than a hush cash case.

“They’re reframing this,” CNN’s Paula Reid mentioned of prosecutors. “Not simply as a paperwork crime and an effort to cowl up this hush cash fee by falsifying enterprise information, however as an effort to intervene within the 2016 election.”