There are a few decisions which, by law, are left entirely to the defendant. Whether to plead guilty. Whether to testify. But trial strategy is the lawyers’ domain. And with any other defendant, there is a good chance that the lawyers defending Donald Trump could have mustered a defense that would have sufficiently countered the prosecution’s narrative to get an acquittal, or at least a hung jury. Even with the defense provided, there were serious doubts whether the jury would find the defendant guilty. It did.
The defendant blamed the corrupt judge and rigged trial. He called it a disgrace, over and over. He lied about his ability to defend himself, claiming the gag order prevented it when the choice was his whether to testify. Of course, testifying would have been critical if he wanted to claim innocence, but then he would have been subject to cross. There is no one who believes he would have done well on cross. Continue reading →