Prosecutors in the Donald Trump trial may be making a critical mistake by seeking to question him about unrelated misconduct, potentially handing him a "get-out-of-jail-free card." This move could allow Trump to argue that his right to testify in his own defense has been "chilled" and potentially lead to a conviction being overturned.
The trial, which began last week, centers on allegations that Trump falsified business records to conceal his efforts to interfere with the 2016 election. However, prosecutors have indicated that they may also question Trump about his recent gag order violations, a courtroom loss to New York Attorney General Letitia James, and a defamation and sexual assault case brought by writer E. Jean Carroll.
Judge Juan Merchan has agreed to allow these lines of questioning, but this decision could be a serious misstep. None of these unrelated acts have any bearing on the charges Trump faces in the current trial. By allowing prosecutors to question Trump about them, Merchan may be giving Trump a basis to argue that his right to testify has been compromised.
This is precisely what happened in the Harvey Weinstein case, where the judge allowed prosecutors to question Weinstein about uncharged acts, including bullying and fits of anger towards employees and business associates. Weinstein chose not to testify, and his conviction was later overturned on appeal, with the New York State Court of Appeals finding that he had not received a fair trial.
Merchan must reverse his ruling and focus on the charges at hand. Trump is not on trial for being a "morally bankrupt person"; he is on trial for using false records to conceal election interference. By keeping the trial focused on the relevant evidence, Merchan can ensure a fair trial and avoid handing Trump an easy path to having a conviction overturned.
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