Prosecutors in former President Donald Trump’s criminal trial rested their case Monday after final witness Michael Cohen wrapped up his days-long testimony, leaving it now up to Trump’s lawyers to present their defense in the case—though it’s still up in the air whether Trump will take the stand.
Key Facts
Prosecutors rested their case after they and Trump’s lawyers finished questioning Cohen after four days of testimony, with the ex-lawyer serving as prosecutors’ most important witness by directly testifying Trump was involved with a hush money scheme to pay adult film star Stormy Daniels to cover up allegations of an affair, and reimbursement payments to Cohen for paying Daniels that prosecutors allege were falsely labeled.
Prosecutors spent more than four weeks questioning witnesses as part of their case, who included former American Media CEO David Pecker, former Trump aide Hope Hicks, Daniels and her former attorney Keith Davidson.
A number of high-profile people who were floated as potential witnesses ended up not being called to the stand, including Trump’s children and wife Melania, ex-attorney Rudy Giuliani, former Trump adviser Steve Bannon and model Karen McDougal, who also alleged having an affair with Trump and was paid for her silence.
Trump’s lawyers will now have the opportunity to present their defense at the trial—which may be short, as Trump attorney Todd Blanche told the judge Tuesday they plan to present few, if any, witnesses, though CNN reports they may call attorney Bob Costello, who was in touch with Cohen after the Daniels payment was made.
Blanche could also not say as of Tuesday whether Trump will testify at the trial, after the ex-president previously said he would when it first got underway—though legal experts believe Trump taking the stand would almost certainly hurt his case.
What To Watch For
Once the defense rests its case, prosecutors can present rebuttal witnesses in response before the case goes to closing arguments, which Judge Juan Merchan said will take place on May 28. After closing arguments, it will be up to the jury to determine the verdict, and jurors must have proof beyond a reasonable doubt that Trump is guilty to convict him. Trump faces 34 felony charges of falsifying business records in the case, each of which is punishable by a fine of up to $5,000 and/or up to four years in prison. If Trump’s convicted, it will be up to Judge Juan Merchan to determine Trump’s sentence, though legal experts believe it’s unlikely the ex-president would face prison time as a first-time offender.
Key Background
Trump was charged based on Cohen’s $130,000 payment to Daniels, which the ex-attorney paid in the days before the 2016 election. Trump—who has denied Daniels’ allegations of an affair—then reimbursed Cohen through a series of checks sent throughout 2017, which totaled $420,000 as additional funds were added in for another expense, a bonus for Cohen and enough money to cover his taxes on the payment. Prosecutors allege those reimbursement checks were falsely labeled as legal payments, while Trump and his lawyers claim they were correctly labeled and have sought to distance the ex-president from the reimbursement scheme. He has pleaded not guilty to the charges against him. Witnesses throughout the prosecutors’ questioning testified about the hush money scheme and Cohen’s role in it, with Pecker noting how he discussed with Cohen and Trump about “catching and killing” negative stories about the then-candidate during Trump’s 2016 campaign. Cohen, as the trial’s central witness, directly tied Trump to the hush money scheme, testifying he arranged the payment to Daniels and other people with allegations about Trump directly with the ex-president’s involvement, and claimed he could not have gone forward with the payment to Daniels without Trump’s approval. Trump was then present at a meeting with Cohen and then-Trump Organization CFO Allen Weisselberg, Cohen testified, in which they discussed the reimbursement scheme and Weisselberg said the payments would be labeled as being for legal services, even though it was actually a reimbursement.