Prosecutors will present their final arguments to New York jurors on why former President Donald Trump should be convicted of multiple business crimes. They need to carefully connect all the testimony and evidence from weeks of trial to show that Trump committed felonies to benefit his 2016 presidential campaign.
During the closing arguments in Trump's hush money criminal case, prosecutors from District Attorney Alvin Bragg’s office will have the chance to clarify to the 12 jurors how each witness and piece of evidence supports their case. They are seeking a guilty verdict on 34 felony counts related to falsifying business records.
Prosecutors face an added challenge in the ongoing trial that started in mid-April. The trial has involved witnesses discussing the intricate details of business recordkeeping and other ordinary testimonies. However, the task becomes even more complex as there is a long break before closing arguments, leaving jurors detached from the case since Tuesday.
Former President Donald Trump appears in court during his trial for allegedly covering up hush money payments at Manhattan Criminal Court on May 16, 2024 in New York City.
Former President Donald Trump was seen in court on May 16, 2024, at Manhattan Criminal Court. He was there for his trial regarding accusations of hiding hush money payments. The court appearance took place in New York City.
(Photo credit: Jeenah Moon/Pool/Getty Images)
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During a trial, there are many moments where you present testimony or introduce evidence, and the jury may wonder how it all connects. This is normal. Your task during closing arguments is to tie everything together and make it clear. CNN senior legal analyst Elie Honig, a former prosecutor, emphasized the importance of this, especially in a lengthy trial.
According to Honig, this trial will be particularly focused on the closing arguments.
Prosecutors will use their closing arguments to recount the story from the very beginning, according to former New York prosecutor Bernarda Villalona. Unlike the opening statement, which lasted around 40 minutes, the final remarks could stretch over several hours. They may also include a visual aid, like a PowerPoint presentation, to review key evidence with the jury.
Villalona mentioned that the jurors had to sit through the "boring" part to hear the case. Surprisingly, this "boring" part is crucial because it provides the necessary documents. In this case, the documents are the star witnesses, speaking for themselves.
Trump’s attorneys will present their closing arguments first on Tuesday, followed by the arguments from prosecutors. Once both sides finish their arguments, Judge Juan Merchan will instruct the jury as to the charges it must consider against the former president; then, the jurors will begin their deliberations. The judge has said he expects this to happen on Wednesday.
The closing arguments will begin exactly a week after the defense rested its case on Tuesday and more than five weeks after opening statements were delivered and the first witness, former tabloid executive David Pecker, took the stand.
The prosecution presented a total of 20 witnesses during the 19-day court proceedings. These witnesses collectively spent more than 50 hours providing their testimony. While some of the witnesses were not well-known, others such as former Trump lawyer Michael Cohen and adult film actress Stormy Daniels, whose supposed relationship with Trump is a key aspect of the case, were high-profile individuals whose statements likely made a strong impact on the jurors. (Trump has consistently denied the alleged affair.)
Former President Donald Trump sits at the defense table with his legal team in a Manhattan court, Tuesday, April 4, 2023, in New York. Trump is appearing in court on charges related to falsifying business records in a hush money investigation, the first president ever to be charged with a crime. (AP Photo/Seth Wenig, Pool)
Former President Donald Trump is currently in a Manhattan court with his legal team on Tuesday, April 4, 2023. He is facing charges for allegedly falsifying business records as part of a hush money investigation. This makes him the first president in history to be charged with a crime. (AP Photo/Seth Wenig, Pool)
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Trump's team only presented two witnesses during the trial. One was a paralegal who submitted phone records as evidence, and the other was Robert Costello, a lawyer who was in discussions with Cohen about representing him in 2018.
Trump is currently facing 34 felony charges for falsifying business records in the first degree. These charges stem from attempts to conceal payments made to Daniels before the 2016 election. If found guilty, Trump could face probation or a prison sentence ranging from 1 1/3 to 4 years for each count, with a maximum possible sentence of 20 years.
During their closing arguments, prosecutors are expected to argue that each witness, regardless of their professional status or relationship to the alleged crimes, plays a crucial role in the case. Additionally, they will need to address any defense claims that Cohen, their main witness, weakens their case due to his past dishonesty.
The prosecution will argue that all the evidence connects and supports each other, so you don't have to solely trust one witness. They will emphasize that this is a case based on documents, as explained by the speaker discussing the accounting documents shown in court.
Additionally, they will mention that although Michael Cohen is there to help explain the evidence, his credibility is not the only factor to consider. Everything he says will be supported by evidence and other witness testimonies, ensuring a strong case presentation.
Prosecutors during the trial went over the 11 invoices, 12 vouchers, and 11 checks with the jurors. These 34 documents were used in the falsified business records charges. They were used to pay Cohen $420,000 in 2017, including reimbursement for a $130,000 hush money payment that was "grossed up" for taxes.
Jurors were shown how Cohen sent monthly $35,000 invoices to the Trump Organization. These invoices were processed by the company's controller so that checks could be issued. Trump himself signed nine out of the 11 checks. The other two checks were paid from Trump's revocable trust and were signed by former Trump Org. Chief Financial Officer Allen Weisselberg and one of Trump's sons.
Karen Friedman Agnifilo, a former top prosecutor in the Manhattan District Attorney’s Office, predicts that during the closing arguments, the prosecution will focus on two main themes. First, they may highlight that most of the witnesses who testified in support of their case were individuals with close ties to Trump, implying a bias in their favor.
Another possible theme could be centered around the type of individuals Trump associates himself with. Prosecutors might point out that Trump surrounded himself with people like Cohen and Pecker, who were carrying out his interests leading up to the 2016 election.
His supporters are the ones he selected. It wouldn't be fair for him to claim, "You can't trust them because they have flaws," according to Agnifilo, the prosecutor.
Even if you choose not to trust them, as Honig mentioned, the key point is that all evidence is backed up by other witnesses, documents, records, or even Trump's own statements.
Jurors in the trial may not find the length of the proceedings to be too challenging, according to Villalona. They were allowed to take notes during the trial and can ask for parts of it to be read back to them if needed.
In New York, jurors have the option to request the entire trial to be read back to them by the judge. Villalona mentioned that this can be helpful if they need to remember something said by David Pecker on Day 1 or 2. Additionally, jurors can also review any exhibits presented as evidence to assist them in reaching a verdict.
Villalona thought that despite this, both sides will put a lot of effort into creating their closing arguments. They want to not only win the case but also leave a lasting impression in this important trial.
She mentioned, "This will be the most important closing argument that the prosecution and the defense will ever give in their careers."
CNN’s Jeremy Herb, Kara Scannell and Lauren del Valle contributed to this report.
Editor's P/S:
The upcoming closing arguments in the hush money criminal case against former President Donald Trump represent a crucial moment in this high-stakes trial. Prosecutors face the challenge of connecting the dots between weeks of testimony and evidence to convincingly establish Trump's guilt. The defense, on the other hand, will aim to cast doubt on the prosecution's case and portray Trump as an innocent victim.
This trial has garnered significant public attention, and the closing arguments will be closely scrutinized. The outcome could have far-reaching implications for Trump's political future and for the legal precedent it sets regarding the accountability of former presidents. The jury's decision will be closely watched by both supporters and detractors of Trump, as well as by legal experts and historians.