Insight: Despite Trump's potential fatigue this week, the panel will have valid grounds for their verdict.
Last week's court proceedings were packed with excitement thanks to star witness David Pecker, the ex-publisher of the National Enquirer. He unveiled the "catch-and-kill" tactics used by the prosecution as a means to support Trump's campaign. However, once Pecker finished his testimony on Friday, it signalled the beginning of a more understated phase in the trial. The main focus will now shift to amassing all relevant evidence. While less dramatic proceedings may follow, the captivating first week sets the stage for the jury's continued interest in the proceedings. Even if Donald Trump continues his habit of dozing off during the testimony, this week promises to maintain the intrigue.
Avid courtroom observers know that trials can't always mirror television dramas like "Law & Order" with damning confessions and revelatory testimonies every time a witness takes the stand. In the real world, lawyers need to prove every element of their case. The case presented by Manhattan District Attorney Alvin Bragg centers on the false documentation aspect. Trump is charged with 34 counts of forgery, allegedly committed to conceal hush money payments related to the 2016 election. So the prosecution will have to tediously present all the documentation to demonstrate that these clandestine payoffs took place and covert records were filed.
The testimony offered by long-time Trump assistant Rhona Graff on Friday afternoon is an example of how a seemingly tedious process can captivate a jury. They were absorbed in Graff’s narration about maintaining the contact information of two women rumoured to have received hush money - Karen McDougal and Stormy Daniels - who were allegedly paid off to benefit Trump’s campaign. A few jurors even scribbled down extensive notes while others listened intently.
Last week was akin to prime-time soaps like "Dallas" and "Dynasty" with their plot twists, and this week might feel more like "Columbo"* - a detective story aimed at piecing together all relevant clues to solve the mystery.
The tedious nature of the evidence and testimony doesn't necessarily imply it would be dull for the jury. They've acclimated to the varying rhythms of a trial and were rapt during Graff's account of maintaining contact with McDougal and Daniels, both reported recipients of monetary payoffs linked to the 2016 election.
Pecker introduced the jury to a glamorous world of celebrities and sex scandals, potentially swaying the election. This week, we delve deeper, assembling the intricacies of each situation. If last week evoked the soapy intrigue of "Dallas" and "Dynasty", this week showcases the procedural elements of "Columbo", where every fact needs establishing and each clue leads to the solution.
The methodical and technical nature of the evidence requires the prosecution to present every factual aspect. They can't just claim that specific payments were made or present a document without it being admitted as evidence. The DA seeks to establish each factual element through the vast array of paperwork that will be introduced this week. This process also serves to corroborate the testimonies from future witnesses, like Trump's former attorney Michael Cohen and payoff recipient Daniels. Furthermore, any omissions or discrepancies in the documents hint at a desire to hide the payment scheme's aims.
The testimony of Gary Farro, previously a banker for Cohen, is an example of what's likely to transpire during this week's witness testimony. Farro's sessions began on Friday after that of Graff, with the prosecution asking him to affirm the legitimacy of several bank records concerning the establishment of the limited liability companies devised by Cohen to handle the alleged cover-up of damning stories during the presidential campaign.
For instance, Assistant District Attorney Rebecca Mangold acquired Farro's affirmation of a document in which Cohen offered an extensive reasoning for the purpose of one of the limited liability companies created to facilitate payments to McDougal, another woman who claimed to have had an affair with Trump. Yet, Cohen deliberately neglected to mention the acquisition of her potentially damaging story. Mangold subsequently confirmed a bank record for the LLC Cohen established to facilitate his payments to Daniels, where he affirmed the said entity was not associated with political fundraising. Prosecutors claim it was in fact created to execute a payoff to influence an election.
The difference between above-average and extraordinary lawyers lies in their ability to navigate the technical aspects of a trial. Manhattan's prosecution team has already demonstrated their proficiency, and they're likely to proceed deliberately but efficiently throughout this phase, ensuring the jury's attention remains engaged. Trump's lawyers are despite being competent, but they'll have to extract all they can from the witnesses while they're on the stand. When defense counsel prompted Graff with the notion that Trump was an exemplary boss, she became a de facto character witness. Intentionally or not, Trump's attempt to shake her hand after her cross-examination, although somewhat odd, won't undermine Graff's favorable portrayal.
[* "Columbo" is an American detective TV series, known for its procedural elements that involve painstaking evidence gathering and meticulous investigations.]
From time to time, the defense may consent to the prosecution's requests for pieces of evidence. This helps speed up the process since these items will be presented regardless if the prosecutors are skilled at their work, which is true in this case. But it appears that this isn't happening here. Trump's legal team is renowned for stalling, trying to prolong the proceedings as much as possible. The intention is to postpone the start of any other criminal trials against him. Consequently, Team Trump seems to be making the DA team go through each step meticulously.
The jury could be confronted with more routine subjects for a few days on and off - but they appear eager to see it through and even curious. While there's a good chance Trump could doze off again, it would be more prudent for him to stay awake as prosecutors construct their case bit by bit.
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Source: edition.cnn.com
