dmallord
Humble Hobbit
- Joined
- Jun 15, 2020
- Posts
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As you noted, Daniels' testimony would not have been required had not Trump's legal team errored at the beginning of the trial. The defense opened the door for her testimony. This counters Turley's view. It was from a former federal judge who was interviewed on television about the case who pointed out why it was necessary for Daniel's testimony to be heard.The job of the judge is not to prosecute, he is there to make sure the law is followed and the proceedings are fair to the defendant. Here are the words of Professor of Law, Jonathan Turley in regard to the judge:
"The most maddening moment for the defense came at the lunch break when Merchan stated, “I agree that it would have been better if some of these things had been left unsaid.”
He then denied a motion for a mistrial basis on the testimony and blamed the defense for not objecting more.
That, of course, ignores the standing objection of the defense to Daniels even appearing, and specific objections to the broad scope allowed by the court. This is precisely what the defense said would happen when the prosecutors only agreed to avoid “genitalia.”
There was no reason for Daniels to appear at all in the trial.
Even if he was adamant in allowing her, Merchan could have imposed a much more limited scope for her testimony. He could also have enforced the limits that he did place on the testimony when it was being ignored by both the prosecutors and the witness."
https://www.pressreader.com/usa/new-york-post/20240508/281548000979448
Furthermore, the defense failed to object to the prosecution's line of questioning as the judge rightly pointed out that the defense didn't deal with that in an adequate manner. When you have the primary defense attorney, a virtual newbie at presenting before a federal crime case, you get that kind of lackluster defense. Can't blame that on the judge or the seasoned defense team. Question yourself as to why Trump hired such a low-skill level team - running out of good lawyers, perhaps?
The opening remarks to this trial by the defense declared that the alleged sex between Daniels and Trump did not occur; she lied, Trump claimed. This statement opened the door for the prosecution team to bring statements from Daniels to validate that her claims were true, that Trump lied about the sex, and that this alleged sexual encounter was the root cause of why Trump sought the NDA and paid the 10K in the first place. Had the defense avoided that line of defense, you are correct; Daniels would not have been needed on the stand to testify except for a poor opening statement by the defense.
The root of the case is predicated on the alleged falsification of the documents rising to a higher level of criminal involvement beyond the NDA misdemeanor level. Did you notice Karen McDougal, the other alleged sexual partner, isn't getting on the stand to detail her involvement with Trump? She isn't relevant either, and Trump's team didn't defame her in their opening remarks. The Prosecution is doing a good job so far; the defense is flailing.
Stormy's testimony weathered the defense's attempt to 'set the record straight,' according to Trump, about why Trump is on trial at all.
Johnathon Turley is correct. Judge Merchan 'could have' but wasn't obligated to restrict the scope. He 'could have' favored the defense's objections if they had made them. They failed. The line of questioning was within the boundaries of PG-13 testimony.
The viewpoint here that prevails is Judge Merchan's decisions, not 'armchair quarterback' Turley's take on 'could have decided.'
My take on her testimony is that it shows Trump's intent in a worse light than prior days of testimony before the jury. Overall, she held her ground, and Trump's team failed to negate her claims in the eyes of the jury.