The Closing Arguments in the Trump Trial
In this episode of The Daily, the closing arguments in the historic trial against former U.S. president Donald Trump are examined. The defense argued that Trump lacked criminal intent, dismissing the testimony of Cohen, portrayed as an untrustworthy liar. However, prosecutors detailed a timeline of evidence substantiated by multiple testimonies, including Trump loyalists, tracing Trump's efforts to suppress damaging information and defraud American voters.
With high stakes around determining Trump's accountability for compromising democracy, the episode presents clashing perspectives from both sides. The jury will hold the pivotal role of weighing the credibility of prosecution claims versus defense assertions in this landmark case against a former U.S. president.
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1-Page Summary
The Defense's Closing Argument
The defense argued:
- Documents were produced by Cohen or the Trump Organization, not Trump himself, per the defense.
- As president, Trump's duties precluded close review of documents he signed, per the defense.
- Trump's signatures on checks were routine, without criminal intent, per the defense.
- Cohen was portrayed as the "greatest liar of all time" to undermine his testimony, per the defense.
- Cohen's account of the Stormy Daniels phone call was challenged by the defense.
The Prosecution's Rebuttal
The prosecution countered:
- Cohen's testimony was substantiated by 19 other testimonies, including Trump loyalists, per prosecutors.
- A timeline of evidence traced Trump's efforts to suppress damaging information, per prosecutors.
- Phone call plausibility was demonstrated through a re-enactment, per prosecutors.
- Americans were defrauded by Trump hiding the truth about his candidacy, per prosecutors.
The High Stakes
- This marks the first criminal case against a former U.S. president.
- The jury will determine Trump's accountability for compromising democracy, per prosecutors.
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Additional Materials
Clarifications
- Stormy Daniels, whose real name is Stephanie Clifford, is an adult film actress who became involved in a legal dispute with former U.S. President Donald Trump in 2018 over an alleged affair in 2006. Trump's attorney, Michael Cohen, paid hush money to Daniels to keep quiet about the affair. This legal dispute and the payments made to Daniels were central points in the case against Trump.
- Trump loyalists are individuals who are staunch supporters of former President Donald Trump. They are known for their unwavering allegiance to Trump and often defend his actions and policies. These loyalists are typically deeply committed to Trump's political agenda and are vocal advocates for his leadership. They play a significant role in shaping public opinion and influencing political discourse related to Trump and his administration.
- Trump's accountability for compromising democracy relates to allegations that his actions may have undermined the democratic process or principles during his time in office. This could involve accusations of abusing power, obstructing justice, or engaging in activities that eroded public trust in the democratic system. The prosecution in this case is suggesting that Trump's behavior may have had serious consequences for the integrity of democratic institutions. The jury will ultimately decide whether Trump's actions indeed posed a threat to the democratic norms and values of the United States.
Counterarguments
- Documents produced by Cohen or the Trump Organization may still carry Trump's implicit or explicit approval, and responsibility for their content could extend to him if he was aware of or directed their creation.
- Even with significant duties, it is often expected that a president exercises due diligence when signing documents, especially those with potential legal implications.
- The routine nature of Trump's signatures on checks does not inherently exclude the possibility of criminal intent; the context and purpose of the checks are also relevant.
- Portraying Cohen as a liar could be a strategy to discredit his testimony, but it does not necessarily negate the validity of evidence or other corroborating testimonies.
- Challenging Cohen's account of the Stormy Daniels phone call requires more than just casting doubt; it would need to be disproven with credible evidence.
- While Cohen's testimony was supported by other testimonies, the reliability of these testimonies could be questioned based on the witnesses' motivations or biases.
- A timeline of evidence may suggest a pattern of behavior, but it does not prove intent without clear linkage between actions and a conscious effort to suppress information.
- Re-enactments can help illustrate plausibility but are not definitive proof of what actually occurred.
- The claim that Americans were defrauded hinges on the legal interpretation of what constitutes fraud in the context of a political candidacy.
- The historical significance of this being the first criminal case against a former U.S. president does not influence the legal merits of the case.
- The jury's determination of accountability may be influenced by public opinion and the unprecedented nature of the case, which could impact their impartiality.
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The defense's closing argument and its key pillars
The defense in the trial of President Trump made their closing argument, centering on dissociating Trump from the incriminating documents and discrediting Michael Cohen's testimony.
The defense attempted to distance Trump from the incriminating documents by claiming they were generated by Cohen without Trump's direct involvement
The defense worked to redirect the narrative painted by the prosecution's evidence and testimony back towards Michael Cohen and away from Trump. They argued that the documents were mainly produced by Cohen or the Trump Organization, rather than Trump himself. Furthermore, they contended that given Trump’s responsibilities as president, he would not have had the time to manage or produce false documents, or to be closely involved with their creation and handling.
The defense argued that Trump was too busy as president to have closely reviewed the documents he personally signed
Blanche emphasized that, as the leader of the free world, Trump’s extensive duties would not have left him with the opportunity to review the documents with scrutiny. They suggested that this lack of time aligned with the routine action of signing checks without any particular intent of wrongdoing.
The defense dismissed the significance of Trump's signature on the documents as routine, without intent
The defense minimized the importance of Trump's signatures on nine checks, implying that they were signed in a customary fashion and did not constitute evidence of Trump’s intent to engage in criminal activity.
The defense heavily focused on attacking Michael Cohen's credibility as the prosecution's key witness
The strategy of the defense significantly revolved around discrediting Cohen, whom they portrayed as the linchpin of the prosecution’s case. They labeled Cohen the "greatest liar of all time," with the intent to shake the confidence of the jurors in Cohen’s testimony.
The defense labeled Cohen the "greatest liar of all time" to undermine his damning testimony against Trump
Blanche targeted Cohen's character and reliability, asserting to the jurors that his history of lying made his testimony unreliable and insufficient to meet the prosecution’s burden of proof. By referring to Cohen sarcasticall ...
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The defense's closing argument and its key pillars
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Clarifications
- The incriminating documents in question were mainly checks signed by Trump. The defense argued that these documents were primarily produced by Michael Cohen or the Trump Organization, not directly by Trump himself. They claimed that Trump, as president, would not have had the time to closely manage or produce these documents. The defense suggested that Trump's signatures on the checks were routine and did not indicate intent to engage in criminal activity.
- Michael Cohen was a central figure in the case against President Trump, providing testimony that implicated Trump in potential wrongdoing. The defense heavily focused on discrediting Cohen's credibility, labeling him as untrustworthy due to his history of lying. They aimed to undermine Cohen's testimony to weaken the prosecution's case against Trump. Cohen's role as a key witness and his credibility were key points of contention in the trial.
- The hush money payment to Stormy Daniels was a payment made to adult film actress Stormy Daniels to keep her from publicly discussing her alle ...
Counterarguments
- The responsibility of a president does not exempt them from legal obligations or the potential for misconduct.
- Being busy with presidential duties does not necessarily preclude the possibility of being involved with or aware of the creation of incriminating documents.
- The act of signing documents, even if routine, typically implies some level of oversight or approval, and ignorance may not be a sufficient defense.
- The credibility of a witness like Michael Cohen, despite past dishonesty, does not automatically negate the possibility of truthful testimony in a given case.
- The defense's characterization of Cohen as the "greatest liar of all time" could be seen as hyperbolic and an attempt to appeal to emotion rathe ...
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The prosecution's rebuttal and counter-narrative
The prosecution in Donald Trump’s trial constructs a detailed rebuttal to the defense’s claims, emphasizing the strength of their evidence rather than solely the word of Michael Cohen.
The prosecution supplemented Cohen's testimony with a timeline of documentary evidence and the corroborating accounts of other Trump associates
Prosecutor Joshua Steinglass stressed that the case against Donald Trump did not rely only on Michael Cohen's testimony but was supported by the testimony of 19 other individuals, including some who were still loyal to Trump. These testimonies were detrimental to Trump, indicating a broad conspiratorial effort.
Witnesses like David Pecker and Hope including their allegiance to the former President, implying the weight of their testimony.
Pecker, publisher of the National Enquirer, directly implicated Trump in an effort to suppress negative stories during the 2016 election, admitting to discussions with Trump about the hush money scheme. Hope Hicks, Trump's campaign spokeswoman and later White House spokesperson, though still loyal to Trump, provided testimony that conflicted with the defense's narrative, suggesting that the suppression of the Stormy Daniels affair was indeed related to the election.
The prosecution demonstrated through a dramatic re-enactment that Cohen's account of the phone call was plausible
To corroborate Cohen's account, Prosecutor Steinglass conducted a dramatic re-enactment in court, timing a mock phone call that according to phone records, had ample time for the events described by Cohen to occur. This demonstration was pivotal in proving the feasibility of Cohen’s testimony regarding the discussions about the hush money scheme with Trump.
The prosecution built a compelling narrative tracing Trump's efforts to suppress damaging information and defraud the American people during the 2016 election
The prosecution presented a coherent, streamlined timeline from August 2015 through October 2016, including reams of documentary evidence underlining the conspiracy's goals. The timeline connected the dots between Trump and key players like ...
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The prosecution's rebuttal and counter-narrative
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Clarifications
- The case against Donald Trump involves allegations of efforts to suppress damaging information and defraud the American people during the 2016 election. Key witnesses like David Pecker and Hope Hicks provided testimony implicating Trump in schemes to hide negative stories. The prosecution supported Michael Cohen's testimony with a timeline of events and corroborating accounts to show a broad conspiratorial effort. The argument focuses on Trump's alleged involvement in falsifying records to conceal his actions, deceiving the public during his candidacy.
- David Pecker is the former CEO of American Media, which publishes the National Enquirer. He was involved in efforts to suppress negative stories about Trump during the 2016 election. Hope Hicks served as Trump's campaign spokeswoman and later as White House communications director, maintaining loyalty to Trump. Michael Cohen was Trump's personal lawyer and fixer, deeply involved in various legal matters for Trump. Keith Davidson and Keith Howard were attorneys involved in legal agreements related to hush money payments made on behalf of Trump.
- The hush money scheme referenced in the text involved efforts to conceal negative information, particularly regarding an alleged affair with Stormy Daniels, through payments made to keep the story from becoming public. This scheme aimed to prevent damaging revelations that could impact Donald Trump's reputation, especially during the 2016 presidential election. The implication was that by engaging in this scheme, Trump ma ...
Counterarguments
- The reliance on the testimony of individuals like Michael Cohen, who have been convicted of lying to Congress, could be seen as undermining the credibility of the evidence presented.
- The dramatic re-enactment of the phone call, while illustrative, is not direct evidence and relies on the assumption that the events occurred as described by Cohen.
- The testimonies of Trump associates, even if they were detrimental, could be interpreted as being influenced by personal biases or external pressures, rather than being objective accounts of the events.
- The narrative constructed by the prosecution, though compelling, may not account for alternative explanations or motivations behind the actions of the involved parties.
- The argument that Trump falsified records and defrauded the American people assumes that the electorate would have made a different choice had they been awa ...
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The high stakes and broader implications of the trial
The trial of the former US president is a historically significant event, holding not only the fate of the defendant but also important implications for the American justice system and the sanctity of US democracy.
The first criminal case brought against a former US president
The trial, which has been ongoing for about a month and a half, marks the first time a criminal case has been brought against a former US president. This underscores its historic significance and the unparalleled scrutiny it faces both legally and publicly.
The jury's verdict will determine Trump's accountability
The case is notably prosecution-driven, highlighting the substantial effort required by the defense to challenge the pr ...
Here’s what you’ll find in our full summary
The high stakes and broader implications of the trial
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Clarifications
- In a prosecution-driven case, the prosecution takes the lead in presenting evidence and arguments to prove the defendant's guilt. This means the burden is on the prosecution to make a compelling case, while the defense works to challenge and counter these arguments. Such cases often involve the prosecution setting the narrative and direction of the trial, shaping how the jury perceives the defendant's actions and intentions. The defense then responds to these assertions, aiming to create doubt or provide alternative explanations to sway the jury in favor of the defendant.
- Compromising American democracy for personal political gain means using one's power or influence to benefit oneself politically, even if it undermines democratic principles or the integrity of the political system. In this context, it suggests that the former president may have taken actions that prioritized his personal interests over the well-being of the democratic process or the country as a whole. This behavior can erode trust in democratic institutions and norms, potentially leading to long-term damage to the functioning of democracy. The trial aims to determine whether such actions occurred and to hold the individual accountable if found guilty of such behavior.
- Establishing a precedent in this case is crucial because it sets a standard or guideline for how simi ...
Counterarguments
- The historical significance of the trial could be seen as subjective and dependent on its outcomes and long-term impacts on the political landscape.
- The broader implications for the American justice system and democracy might be overstated, as the system is designed to handle high-profile cases while maintaining its integrity.
- While it is the first criminal case against a former US president, it may not necessarily set a precedent if viewed as a unique case tied to specific circumstances.
- The duration of the trial, about a month and a half, may not be indicative of its complexity or importance compared to other lengthy or short trials.
- Describing the case as prosecution-driven could imply a bias, whereas the justice system is supposed to afford equal weight to both prosecution and defense arguments.
- The assertion that the defense faces a substantial effort to challenge the prosecution's narrative could be seen as presumptive of the defense's position or the strength of the prosecution's case.
- The jury's verdict will indeed determine Trump's accountability in a legal sense, but it may not full ...
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