Two lawyers on the jury of the Stormy Daniels hush money trial could be a major help in explaining a key part the defense to fellow jurors, a legal commentator told Newsweek.
In their opening statement to the jury, the Trump legal team claimed that the non-disclosure agreement (NDA) that Daniels signed with Trump's lawyer is legal and therefore the whole case against Trump is flawed.
And Stephen Gillers, a law professor at New York University, said that the two lawyers on the jury can help the other jurors understand that NDAs are legal.
"To a lay jury, an NDA can be misconstrued as an unlawful effort to hide information or at least suspicious. By saying there is nothing wrong with NDAs, the defense hopes to dispel that assumption," he said.
"The defense may also ask the judge to say the same thing in his instructions to the jury. And the two lawyers on the jury will also be a resource."
Trump, the presumptive Republican presidential nominee, is the first former president in United States history to stand trial in a criminal case. He has pleaded not guilty to 34 counts of falsifying business records.
The prosecution seeks to prove that before the 2016 presidential election, Trump paid, or discussed paying, two women—adult film star Daniels and former Playboy model Karen McDougal—not to disclose his alleged affairs with them, thereby influencing voters as to his character. He denies affairs with either woman and all allegations, saying it is all part of a witch hunt against him.
Trump's office has been contacted for comment by Newsweek.
Both sides agree that Daniels signed a non-disclosure agreement with Trump's then lawyer, Michael Cohen, in which she agreed not to divulge any personal details about Trump. The agreement was signed 11 days before the 2016 presidential election.
In 2018, Daniels successfully sued to be released from the agreement.
Gillers added that NDAs are "commonplace." "When used to protect trade secrets or customer lists, for example, they serve a useful purpose," he said.
"But even when legal, they can be abused as they were by Harvey Weinstein when he settled sexual assault and harassment cases on condition that the women not reveal the details of their claims or voluntarily cooperate with law enforcement."
"Here, the defense lawyers had no choice but to acknowledge the NDA," he said.
New York attorney, Colleen Kerwick, said that the two lawyers on the jury might not believe Cohen, who is expected to give evidence for the prosecution and claim that Trump had agreed to the non-disclosure agreement.
"The defense has two practicing lawyers from white shoe law firms on the jury. They would perceive disbarred attorney Michael Cohen's counsel to Trump as wrong."
She said they may reasonable doubt whether Trump was a criminal for accepting the advice of counsel.
Uncommon Knowledge
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
About the writer
Sean O'Driscoll is a Newsweek Senior Crime and Courts Reporter based in Ireland. His focus is reporting on U.S. law. ... Read more
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