Donald Trump: Legal experts see uphill battle in fraud case

Legal analysts assert that the recent phase of Donald Trump’s New York business fraud trial, featuring testimonies from prominent family members, has significantly challenged the former president’s defense. As the defense team prepares to present its case, beginning with the testimony of Trump’s eldest son, experts opine that the extensive damage inflicted during two weeks of family testimonies poses a formidable obstacle to salvaging the case.

Neama Rahmani, a former federal prosecutor and president of West Coast Trial Lawyers, characterizes the trial as a “disaster from a legal perspective,” expressing a belief that Trump is poised to lose decisively. The potential repercussions include a barring of Trump and his co-defendants from conducting business in New York, coupled with substantial fines reaching at least $250 million (£204 million).

Notably, Trump’s own testimony has been perceived as particularly damaging. His disparaging remarks towards New York Attorney General Letitia James, labeling her a “political hack,” and his direct attacks on Judge Arthur Engoron have drawn scrutiny. Mitchell Epner, an attorney specializing in commercial litigation, suggests that if Trump lacked Secret Service protection, he might have faced contempt of court charges.

The crux of the attorney general’s lawsuit revolves around allegedly inflated financial documents, specifically statements of financial condition, used by the Trump Organization to secure loans and insurance. The judge has already ruled these documents as false, and now considers the intent to defraud and personal gain among other charges.

During his testimony, Trump asserted that his properties were undervalued on paper, but conceded that at least one property may have been overvalued. His attempts to distance himself from directives to accountants or employees regarding valuations were met with skepticism.

Trump’s children—Donald Trump Jr, Eric Trump, and Ivanka Trump—adopted a different approach in their composed testimonies, deflecting responsibility onto accountants and lawyers. However, this strategy may not alleviate their liability for financial fraud claims. Legal experts anticipate a challenging task for Trump’s defense team in the coming weeks, with suggestions that introducing substantial evidence or seeking grounds for appeal may be their primary options.

Despite aggressive attacks on the judge’s alleged lack of impartiality, experts contend that the defense has failed to undermine the state’s case. With the judge already deeming crucial documents as false, the defense faces a significant hurdle in reversing the case’s trajectory. Mitchell Epner concludes that, short of time travel, it’s challenging to envision a strategy that could effectively turn around the case for the defense team.