Analysis: Stormy Daniels vs. Trump's Legal Team - A Battle of Wits

Norman Eisen, a CNN legal analyst and editor of “Trying Trump: A Guide to His First Election Interference Criminal Trial,” shares his views in this commentary. He previously served as counsel to the House Judiciary Committee during the first impeachment and trial of then-President Donald Trump. To read more opinions, visit CNN.

During the 14th day of the Manhattan criminal trial of former President Donald Trump, the defense made a bold move by aggressively cross-examining Stormy Daniels. This intensified line of questioning, led by Trump's lawyer Susan Necheles, surpassed the initial questioning of Daniels that began on Tuesday.

Norm Eisen

Norm Eisen

Swinging for the fences on cross-examination can be risky because if you miss, you strike out in front of the jurors. Sitting just 10 feet away from the jury box, I saw this happen repeatedly.

Daniels, the adult film actress, was considered better than Necheles. She was involved in a case against Trump where she received a $130,000 hush money payment in 2016. Prosecutors claim that the payment was made to suppress her story of a sexual encounter with Trump in order to influence the presidential election. Additionally, they allege that 34 documents were falsified to cover up the payment. Trump denies the sexual encounter and has pleaded not guilty to the charges.

Necheles came out strong today, launching a fierce attack on Daniels right from the start. However, Daniels faced the challenge head-on as she not only had to answer tough questions but also deal with forceful responses from Necheles during the examination.

One particular instance was when Necheles questioned Daniels about her intention to play a role in Trump's potential imprisonment. This question was based on a Twitter exchange that Necheles presented to the witness and jury. In response to being called a "human toilet," Daniels had replied, "Exactly! Making me the best person to flush the orange turd down."

TRUMP TRIAL DIARY

CNN legal analyst Norm Eisen is at former President Donald Trump's Manhattan criminal trial and sharing his observations for this CNN Opinion series. Check out his previous entries:• Surprising revelations from Stormy Daniels’ testimony that caught Trump off guard• The prosecution continues to build a strong case against Trump, increasing the pressure on him• The impact of Hope Hicks’ testimony, which proved to be a major setback for Trump

Daniels calmly responded to Necheles' argument by noting, "I don't see 'instrumental' or 'jail' in the tweet." When pressed further by the defense attorney, Daniels explained that her post was meant to be exaggerated and added, "I'm also not a toilet."

During cross-examination, Daniels showed her strength by holding her ground. This is a sign of success for a witness. Unlike her previous direct examination, where she seemed a bit awkward at times, Daniels showcased her personality and determination on Thursday.

Necheles challenged Daniels' memory of the details surrounding her alleged sexual encounter with Trump in 2006. This included how Daniels arrived at the location, whether food was served during dinner, the color of the bathroom floor tiles, and how a seasoned adult film star like Daniels could have been "faint" upon seeing Trump in his underwear on the bed.

In response, Daniels pointed out that she frequently sees her husband unclothed at home. She stated that if she had come out of the bathroom and encountered Trump instead of her husband, she would have likely reacted in the same way as she did during the 2006 incident.

During the exchange, Daniels actually came out on top, rather than being undermined by the question. This also supported her previous testimony that she felt a power imbalance with Trump during the encounter on Tuesday. Surprisingly, instead of helping Trump, I believe the exchange actually made his situation worse. Don't forget to sign up for our free weekly newsletter!

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Why take this risk? Both sides have been doing a great job, but the facts and the law are on the prosecution's side. They were ahead after Tuesday's questioning. This may be why the defense decided to take a risk.

It's possible that they were following the lead of their client, who is known for being confrontational. During Thursday's testimony, a social media post from 2023 was brought up where the client threatened retaliation. Whatever the reason, it didn't end up helping Trump - in fact, it may have made things worse for him.

When Trump's former attorney Michael Cohen takes the stand in the days ahead, we can expect a similar preview to what we saw during the cross-examination. I had the opportunity to interview him about these same facts during the first Trump impeachment, and based on that experience, I believe he will also surpass expectations, just like Daniels did.

Editor's P/S:

The Manhattan criminal trial of former President Donald Trump has taken a dramatic turn as the defense aggressively cross-examined Stormy Daniels. This line of questioning, led by Trump's lawyer Susan Necheles, aimed to discredit Daniels' testimony and undermine her credibility. However, Daniels remained steadfast in her responses, often turning the tables on the defense and exposing inconsistencies in their arguments.

Despite the defense's attempts to portray Daniels as unreliable, she emerged as a strong and capable witness. Her calm demeanor and ability to recall details effectively countered the defense's attacks. Moreover, her willingness to engage with the defense on their own terms demonstrated her confidence in the truth of her testimony. The cross-examination ultimately served to highlight the weaknesses in the defense's case, as Daniels' unwavering presence underscored the strength of the prosecution's evidence.