CNN legal expert Norm Eisen said it’s unlikely that former President Trump will be acquitted in his hush money criminal trial after the jury deliberates this week, but the outcome is still too early to say.
Prosecutors allege that Trump illegally covered up hush money payments he made to adult film stars to hide past affairs in the weeks before the 2016 election. Trump has been indicted on 34 counts of forgery of business documents, charges he denies.
“This was a winnable case. In my view, having been there every day as a prosecutor, it’s not yet a sure victory,” Eisen said. CNN Interview Jim Acosta on Monday: “I think the chances of a conviction are over 80 percent.”
“The defense, because of this ad-hoc approach, is not really aiming for an acquittal, which is not possible here,” he continued. “All they’re hoping for is one angry juror.”
“Is there even one juror who is sympathetic to Trump or who, for any reason, will not abide by the evidence or the law? A resister,” the expert added. “That’s who they’re going after.”
Eisen said the case centers on testimony from Trump’s former personal lawyer, Michael Cohen, who told jurors that his former bosses directed him to make payments to adult film star Stormy Daniels just before the 2016 election. Prosecutors have argued that the payments were made to intentionally mislead voters.
He predicted Tuesday’s closing arguments would be a “field day” and that Trump’s defense would pursue Cohen and Daniels with a “scorched earth” tactic.
“Realistically, I think this was a case that the defense could have won if they had taken a different strategy,” Eisen said, “and focused on the areas of Michael Cohen’s testimony that were less corroborated. They had a less focused presentation.”
Former federal prosecutor Renato Mariotti added in an interview that if the former president’s defense strategy of seeking a mismatched jury is successful, it could be a major win for Trump, who is presumed to be the Republican presidential nominee.
“I would say it was a lack of belief. If I was on their team I would interpret it as a win,” Mariotti said.
“I would say that when you have a well-known and controversial figure like Donald Trump, it’s hard to get unanimity on anything,” he continued, “and that’s probably the most uncertain dynamic.”
“The point is, no one can predict what’s going on in the mind of an average person who happens to be on a jury,” the former prosecutor added.
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