Insight: Key Strategies for Attorneys as Trump Trial Commences

I will be in line on Monday morning to watch the opening statements in the first-ever criminal trial of a former American president. Join me as we witness this historic event.

Norm Eisen

Norm Eisen

Journalists are asked to line up in the long exterior entryway of the 17-story building located at 100 Centre St. The building boasts an elegant pale yellow granite and limestone Art Deco facade, which stands out against the faded and dark hallways inside. There is a sense of melancholy within these walls, carrying the echoes of the many criminal defendants who have passed through here, dating all the way back to the time when the infamous Tombs prison occupied this very spot.

In courtroom 1523, Justice Juan Merchan will preside over the case where the prosecution aims to prove that Trump committed 34 felony counts of document falsification. These alleged actions were to hide an illegal scheme involving hush money payments to influence the 2016 presidential election and avoid a scandal.

Leading the case for the Manhattan District Attorney Alvin Bragg are Matthew Colangelo, Susan Hoffinger, and Joshua Steinglass. They will present the opening statements for the People in this trial.

Colangelo, who is 48 years old, has a slight build and graying hair. I have encountered him in the past and can attest that he is a knowledgeable and effective advocate. He has had a successful career in public service, with experience at the Justice Department and the Office of the New York State Attorney General. (To learn more about Colangelo and other key figures, refer to my new book.)

The individual leading the case, possibly Colangelo, must focus on three key aspects. Firstly, emphasize the gravity of the situation - this is not just about hush money, but election interference, as highlighted in my recent article on CNN Opinion. By underscoring the seriousness of the matter, it can sway the jury to reconsider any doubts they may have regarding Trump's involvement.

This composite image shows former President Donald Trump (center), Stormy Daniels (top left), Michael Cohen (middle left), David Pecker (bottom left), Hope Hicks (top right), Alvin Bragg (middle right) and Judge Juan Merchan (bottom right).

In the image, you can see former President Donald Trump in the center. Surrounding him are Stormy Daniels at the top left, Michael Cohen in the middle left, and David Pecker at the bottom left. On the right side, we have Hope Hicks at the top, Alvin Bragg in the middle, and Judge Juan Merchan at the bottom.

Getty Images/AP

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Here are the main people involved in Trump's trial over hush money payments.

Next, the prosecutor needs to help the jury understand Trump's state of mind to prove the criminal intent needed for a conviction on the charge of falsifying documents.

The DA must prove that the false records, claiming hush money repayments were attorney fees, were meant to conceal another crime. Trump may deny criminal intent or choose not to testify, so the prosecution will rely on other witnesses and documents. It's important to note that two jurors are lawyers, and the DA will focus on explaining the process to them to help educate the non-lawyer jurors.

In addition, during the prosecution's opening statement, it is crucial to address any concerns about controversial witnesses such as Michael Cohen, Stormy Daniels, and David Pecker. By acknowledging their flaws and guiding the jury to consider their perspectives, the prosecution can help the jury understand their testimonies better.

As a trial lawyer, I prefer to address any issues with witnesses upfront, along with the solution. In this case, the solution is corroboration, which involves a lot of supporting evidence.

Following this, Todd Blanche will likely be the next to present for the defense. While he may not have the same level of fame as Colangelo, Blanche has a successful background as a federal prosecutor and prominent white-collar criminal defense attorney.

Today, his mission is different from the prosecution's. He will start by explaining why the case doesn't matter. It's about Trump trying to hide a personal mistake and an accountant he didn't know writing inaccurate information in his business records. Sign up for our free weekly newsletter to stay updated.

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Blanche is determined to counter the District Attorney's attempts to understand Trump's thoughts by discrediting key witnesses. He will focus on undermining the credibility of critical witnesses like Cohen, Daniels, and Pecker. Blanche's strategy is to argue that if these witnesses cannot be trusted, the prosecution's case falls apart.

After the openings, it will be on to the first witness, reportedly Pecker. But before that I’ll be back to you with an evaluation of how both sides did for the next installment of my trial diary.

Editor's P/S:

As a legal professional, I find this upcoming trial to be a momentous event in American history. The sheer fact that a former president will stand before a jury to face criminal charges is unprecedented. The allegations against Trump are serious, and the outcome of this trial will have profound implications for the future of our democracy.

The opening statements, scheduled for Monday morning, will be particularly crucial. The prosecution and defense will have the opportunity to lay out their respective cases and establish a narrative that they hope the jury will adopt. I will be closely following the proceedings and providing my analysis and insights as the trial progresses.