4/ Second, prosecutors may allege that Trump is liable for the actions of Trump Organization employees like Allen Weisselberg who created false statements in the records of the Trump Organization under an “accomplice liability” theory.
5/ If someone solicits, requests, commands, or aids an action they can be liable for that action under an “accomplice liability” theory under New York law. I expect the defense to focus heavily on this aspect of the case, even though Trump is trying to deny everything.
6/ Legally, the most viable defense Trump has is that he agreed with the hush money scheme but didn’t know about the false business records. Trump’s lawyer made this point in his opening statement, suggesting that he just signed checks to pay Cohen while in the Oval Office.
7/ Most jurors won’t be focused on this rather technical and legalistic point, which is why prosecutors are instead focusing on a broader “conspiracy” or “scheme” to influence the election (which isn’t the actual charge in this case).
8/ Based on what we’ve seen thus far, Trump is unlikely to be acquitted based on this defense unless one or both of the lawyers on the jury convince the others that this is the right result based on the judge’s instructions, but it is possible.
9/ A more likely result, which I expect Trump’s lawyers to push harder in closing argument, is that Trump will be convicted of misdemeanors but not felonies. The Falsifying Business Records charge is only a felony if it is done with the intent to commit or conceal another crime.
10/ Trump’s argument would be that even if he was behind the false business records, he did it to avoid bad press, not to conceal an election crime. That’s why there was so much focus by the prosecution *and* defense on this point during open statements.
11/ There is no question that the prosecutors have the upper hand in this trial. They usually do, and this case is no exception. But Trump has some paths to a hung jury or full (or more likely partial) victory, which is why the fault lines above will be the focus at trial. /end
@renato_mariotti What about the Cohen recording between him and trump?
@mowatdoc That’s about the payments, not how they’re recorded in Trump Organization records.
@renato_mariotti Thanks.. your right . I am going to ponder this