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Bizarre Twist In Carroll Trial: Maybe Trump Will Testify [1]
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Date: 2023-05-04
Sometimes just as you think you know how stuff works it turns out you don’t. From Scotland this morning Trump declared he was returning to face his accuser. Back in New York a baffled judge as asked Trump’s attorney if this were true, Trump’s attorney said it was not.
The trial proceeded. At the end of today Plaintiff’s counsel presented their last witness, who was was cross examined, and dismissed. The Plaintiff advised the court “the Plaintiff rests.”
Defense may now present witnesses. However, Tacopina (Trump’s defense counsel) as expected informed the court, “the defense rests.” The judge directly asks, “So Mr. Trump waives his right to testify?” Tacopina directly answers, “he does.”
In the world of law I understood, that ends the matter. “The defense rests” is a final declaration and a prompted defense counsel directly stated the defendant waives the right to testify. The matter is closed. Things should move immediately to closing arguments, no second chances. Would plaintiff get a chance now to say it wants to call another witness after declaring it rested? Of course not, and neither should defense be allowed to.
Alas, the world of law I understood is not the world of law in court today. In the world of law today, the judge further presses Trump’s attorney, “How recently have you spoken with him?”
Trump’s attorney states that it was, “a few minutes before I came into court this morning.”
So many hours ago, and with a volatile Trump the judge figures maybe he has changed his mind and not told his attorney. The judge states, “I am committed to allowing parties to make their case. I will allow Mr. Trump up to 10 pm Sunday to make a motion to testify - I'm not saying I'll grant it, but I'll consider it and we'll see what happens. 10 pm Sunday, that's it. Tell Mr. Trump.”
So the judge says Trump has until 10 pm Sunday to formally ask to testify even though he shouldn’t be able to because he case has rested and the his lawyer made clear in a last chance inquiry that Trump would not testify.
It went further, the court scheduled a hearing on the question, with the possibility that Trump will be there for it, starting at 10 am Sunday to argue the question.
I do not expect things to get to that hearing. Rather, tomorrow (Friday), Trump’s attorney will likely advise the court that he really very recently talked to his client and he will not be testifying.
But I’m not sure of this. After all, I’m the guy who would have told you the possibility of this even being considered at this stage was a non-starter. So what do I know?
Am I willing to say that once defense declares that it rests that never in the history of law has the court allowed the defense to introduce a new witness? No. I expect that in truly exceptional circumstances of recently discovered compelling new evidence, or prosecutorial misconduct, it may have happened. But simply because the freaking defendant changes his mind? Nope, never.
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