Analysis: Trump's Lack of Preparation for Today's Testimony
Former President Donald Trump is set to testify in his civil fraud trial, but his lack of preparedness is evident With advice from former prosecutor Dennis Aftergut, this article explores why Trump's ill-preparedness could prove detrimental to his case
Dennis Aftergut, a former federal prosecutor, currently serves as counsel to Lawyers Defending American Democracy, a nonpartisan organization committed to upholding the rule of law. The following is his personal viewpoint. More opinions can be found on CNN.
In the past, when preparing untrustworthy witnesses or cooperators who were testifying against drug kingpins, I made it abundantly clear: "If you falsify information or stretch the truth while testifying, I will relentlessly pursue perjury charges against you, like an unstoppable truck on a steep hill."
Dennis Aftergut
Unfortunately, Donald Trump is unlikely to have received this kind of warning from his lawyers prior to his significant court appearance on Monday. They lack the authority to control their determined client.
The former president will be called to testify by New York Attorney General Letitia James in her civil fraud case against him and the Trump Organization, marking a historic and highly significant moment for the nation.
Being truthful may prove to be a difficult task for Trump, as he may struggle to adhere to the guidance typically given by lawyers, such as providing concise answers and refraining from offering any information or explanations unless specifically requested.
Former U.S. President Donald Trump, a Republican presidential candidate, gazes out at the audience during a campaign rally held at Trendsetter Engineering Inc. in Houston, Texas on November 02, 2023. This marks Trump's second visit to Texas this year. The purpose of his visit coincides with his sons, Don Jr. and Eric, testifying in his civil fraud trial in New York. In a recent ruling, a judge concluded that Trump had engaged in fraudulent practices over the course of numerous years while establishing his real estate empire. Consequently, he may be compelled to liquidate his properties.
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What to watch when Donald Trump takes the stand in New York civil fraud trial
Trump's legal team is likely advising him, "Be cautious not to make any potentially self-incriminating statements. Utilize your right to invoke the Fifth Amendment, even though it may result in adverse implications by the judge in this civil trial."
Ultimately, Trump's defense attorneys are constantly aware that both US Justice Department special counsel Jack Smith and Fulton County, Georgia, District Attorney Fani Willis could exploit any statements made by their client during the court proceedings of the cases they are currently prosecuting against him.
Beginning at "In the New York trial, which began on October 2, James alleges...":
During the New York trial that commenced on October 2nd, James asserts that fraudulent financial statements submitted by Trump from 2011 to 2021 deliberately exaggerated the value of certain assets in order to secure advantageous bank loans, while simultaneously undervaluing others to minimize tax payments.
Regarding the current status of the case, James' legal team has minimal requirements. In September, Judge Arthur Engoron ruled in favor of James, affirming the first count of her fraud accusation. Thus, James possesses the necessary evidence to hold Trump responsible.
Donald Trump, the former President of the United States, is present at the trial held in a Manhattan courthouse. Alongside him, his adult sons, the Trump Organization, and other individuals are facing allegations of civil fraud. The case has been filed by state Attorney General Letitia James and is taking place in New York City on October 2, 2023. The accompanying image captures Trump's presence at the trial. (Source: REUTERS/Brendan McDermid/Pool TPX IMAGES OF THE DAY)
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James's primary responsibility is to establish the legitimacy of imposing a $250 million penalty on Trump, which she believes is an appropriate measure in this case. Additionally, she aims to present a case for revoking Trump's license to conduct business in New York and placing his companies under receivership as an alternative remedy.
To minimize risk in the event that an appeals court discredits a particular claim, lawyers generally prefer not to solely rely on one argument. James follows this approach as well, as she seeks to establish Trump's liability on six additional counts of fraud.
In order to accomplish this, she must also demonstrate that the alleged misrepresentations made by him were significant enough to cause financial harm to the victims and that the defendants intentionally intended to deceive them. Prosecutors have already made significant progress in establishing these points.
Regarding the matter of significance, an expert witness provided testimony last week indicating that the false statements resulted in a loss of $168 million in interest for the banks, when compared to the interest they would have charged if accurate valuations had been given.
On the issue of intent, in last weeks testimony, Donald Trump Jr. and Eric Trump both attempted to shift the blame onto their accountants.
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The brothers, being officers of the company, were obligated by law to thoroughly investigate and confirm the accuracy of the property valuations they provided to banks as collateral. By acknowledging their own "reckless disregard" for the truth, the sons provided prosecutors with the necessary evidence to establish fraudulent intent.
Meanwhile, Ivanka Trump, the oldest daughter of Donald Trump, is scheduled to give her testimony later this week despite her unsuccessful attempt to avoid testifying when her children are in school. It appears that her appeal did not convince the appellate judges, who are well aware that trial courts only operate on weekdays.
Donald Trump's testimony as the CEO of his eponymous global business will be a highly anticipated event that could have a significant impact on the financial fortunes of the former reality television star. James' primary objective will be to demonstrate Trump's careless disregard for the accurate valuations of his assets. Furthermore, she aims to persuade the judge that he should no longer be permitted to hold a business license in the state of New York.
Whichever prosecutor questions the former president will have an advantage. This is because the judge has already dismissed a crucial argument made by Trump to avoid admitting his intention to defraud the victims.
Republican presidential candidate former US President Donald Trump speaks to guests during a campaign event at the Orpheum Theater on October 29, 2023 in Sioux City, Iowa.
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During his deposition prior to the trial, Trump claimed that the standard legal language used in the statements states that the financial estimates "do not necessarily reflect the actual amount that could be obtained from selling the assets or paying off the associated debts."
Trump emphasized this during his deposition, stating that he included a clause urging people to independently verify the statement instead of blindly believing it.
However, Engoron's decision on the first fraud count against Trump dismissed these disclaimers, pointing out that the clause did not explicitly state that the information was worthless, useless, or should be ignored or disregarded.
The judge has a clear displeasure towards defendants asserting claims that he has previously denied, evident from the fact that he imposed fines on Trump's lawyers for doing so. However, Trump is now bound by his heavy reliance on this language during his deposition, making it difficult for him to distance himself from it now that he has testified to it under oath. Without a doubt, the assistant attorney general will encourage Trump to reiterate the statements made during his deposition as much as possible while on the witness stand.
Furthermore, the prosecutor cross-examining Trump only needs to tap into his natural tendency to boast. Trump's significant ego implies that he will likely be eager to exaggerate his personal wealth. As Michael Cohen, Trump's former confidant who knows him well, recently stated in an interview with Newsweek, "The Forbes 400 list...is a reflection of his deepest desires, ego, and insecurities all in one." Trump being removed from that list last month was a severe blow to his self-esteem.
On the witness stand, he may be tempted to boast about his net worth in ways that go beyond the evidence, which the court is unlikely to view favorably. It is reasonable to anticipate that the assistant attorney general will aggressively question Trump about discrepancies in his bank loan documents, specifically regarding his Trump Tower apartment, which seems to be stated three times its actual size. This line of questioning will lead to the cross-examiner's victory, regardless of whether Trump continues to exaggerate its size or shifts the blame.
Moreover, the state's attorney is likely to extensively interrogate him about the evidence that suggests his financial statements consistently overestimated his net worth by $812 million to $2.2 billion each year. Once again, the attorney general will emerge victorious whether Trump denies it or persistently defends his "fantasy world" financial claims, as described by the judge.
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Based on previous behavior, it is highly probable that Trump will persistently refuse to accept responsibility. This inclination to deceive is inherent in a narcissistic personality. This is particularly evident in someone who appears to lack a solid legal plan and relies solely on a political approach: continuously conveying a message of defiance to his supporters, securing victory in the 2024 election, and utilizing his future Justice Department to halt any legal proceedings or, in the case of an appeal, dismiss them. Alternatively, Trump might attempt to grant himself a pardon.
Prior to his reelection, there is the court appearance on Monday. Trump's lawyers have advised him to display some humility on the witness stand, but that goes against his nature and political strategy. Trump cannot distance himself from his past boastfulness and simultaneously present himself as the same Trump his followers yearn for.
