Why Trump’s lawyer Todd Blanche messed up his final arguments.
SlateYesterday saw closing arguments in the Manhattan trial of Donald Trump for falsifying business records, the first-ever criminal trial for a former president. He methodically connected the evidence to each element of the crime and reminded jurors how it all supported the prosecution’s theory of the case: “The defendant used his own business records as the vehicle to disguise the reimbursement because he didn’t want anyone finding out about the conspiracy to corrupt the election.” It’s mystifying why Blanche failed to pounce on the fact that during weeks of testimony, prosecutors never even identified which criminal law’s violation they were alleging that Trump committed or concealed by falsifying his records. As Steinglass put it, the plot involved “a whole lot of time, thought, and energy to conceal the truth.” Indeed, the prosecutor walked right through the door Blanche left open: He gave a plainspoken narrative of the election law crimes that Trump and his co-conspirators were concealing: “Once money starts changing hands on behalf of a campaign, that’s federal election campaign finance violations,” he said. Blanche did score rhetorical points in characterizing Cohen as the “MVP of liars.” To his credit, Blanche also reminded jurors that no other witness corroborated Cohen’s testimony that Trump approved the Weisselberg “gross-up” scheme. As Steinglass put it: “If Donald Trump is checking invoices for his decorator, you can bet he’s checking invoices for Michael Cohen.” Blanche rightly emphasized that prosecutors never called Weisselberg and others who helped run the business.