Donald Trump Hands 'Win' to Prosecution in Hush-Money Trial: Attorney

Donald Trump's pledge to testify during his ongoing Stormy Daniels hush-money trial is a "win for the prosecution," according to Joyce Vance, a former U.S. attorney and MSNBC legal commentator.

In a post on X, formerly Twitter, Katie Phang, a lawyer and television host, said Trump was asked by journalists outside the Manhattan court on Friday whether he would testify in person and answered "yes."

Trump has been charged with 34 felony counts of falsifying business records related to claims he orchestrated the payment of hush money to Stormy Daniels, a former pornographic actress, ahead of the 2016 presidential election in return for her silence about an alleged sexual relationship in 2006. The presumptive Republican presidential nominee has pled not guilty to all charges and denies Daniels' claim that she has sexual relations with him.

Vance shared Phang's X post on Friday, adding: "It's a win for the prosecution either way in this case."

In an article on her Substack blog, Vance wrote Trump's legal team is likely to advise him against testifying in person, but that this could be ignored by the defendant.

Referring to Trump's possible appearance at the witness stand, Vance added: "Will he or won't he? In every criminal trial, the smart money says no. Absolutely, absolutely not.

"Very few defendants take the witness stand in their own defense, and Trump, given his past performance and proclivities, should not be one of them...

"If he testifies, he will be subject to relentless and free-ranging cross-examination by a highly skilled prosecution team in Manhattan. As much as I'd like to see this, it's a sure thing Trump's lawyers will do everything they can to keep him off the stand."

However, Vance said the final decision will be Trump's, and she added that he may ignore these warnings as he has "proven to be a client who is uniquely incapable of listening to the advice of his lawyers."

Newsweek contacted Trump lawyer Todd Blanche, and representatives of his 2024 presidential election campaign, by email at 8 a.m. ET on Saturday. This article will be updated if any wish to comment.

Trump also said he will testify in the Stormy Daniels case during a discussion with reporters on April 12. Addressing the journalists, he added: "I'm testifying. I tell the truth. I mean, all I can do is tell the truth. And the truth is that there's no case. They have no case."

Former president Donald Trump
Donald Trump leaves Manhattan Criminal Court during his trial for allegedly covering up hush-money payments, on April 19, 2024 in New York City. The former president's pledge to testify personally is a "win for the... Sarah Yenesel - Pool/GETTY

By the end of Friday, the full jury had been selected for Trump's trial, along with six alternates. Judge Juan Merchan, who is overseeing the case, said: "We're going to have opening arguments on Monday. This trial is starting."

On her Substack blog, Vance also noted a pool reporter's claim that in court "when the defense is introduced to the potential jurors seated in the audience, Trump does not stand up like his legal team does to turn and face them."

Vance added: "My friend and former Chicago federal prosecutor Renato Mariotti, now a criminal defense lawyer, pointed out that this is the most basic thing defense lawyers instruct their clients to do—they tell them to rise along with everyone else in the courtroom to show respect for the people who will decide their fate.

"I have never seen a defendant fail to stand up every time the jury entered or left the courtroom."

Trump has three additional upcoming criminal trials over allegations he mishandled classified documents and obstructed their return to the proper authorities and broke the law attempting to overturn the 2020 presidential election result, both across the United States and in the state of Georgia specifically. He has pled not guilty to all counts and insists the cases against him are politically motivated.

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James Bickerton is a Newsweek U.S. News reporter based in London, U.K. His focus is covering U.S. politics and world ... Read more

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