What follow are a couple of brief excerpts from the latest installment of George Conway's ongoing newsletter entitled "The Trump Trials" (courtesy of THE ATLANTIC):
[A]s we have so often seen
over the past nine years, Trump’s instinctive, narcissistic mendacity came into
self-defeating play once again—this time by making [Stormy] Daniels’s testimony
more significant than it had to be. It’s hard to imagine that many sentient,
honest human beings could believe Trump’s denials of having congressed with
Daniels. Yet Trump continues to insist on denying it—not only in public, but in
court. And not only is sex not an element of the crime, but his strongest
defense—the one he could actually skate on—will be to argue that there is
insufficient evidence that he knew his people were falsifying business records.
This defense faces many problems—including that Trump personally signed (on the
Resolute desk!) some checks (made out to [Michael] Cohen) in packets with false
backup attached. Still, Trump would have been best off having his lawyers focus
their efforts on the question of his knowledge and intent regarding the
payments.
As usual, though, this
defendant just couldn’t help himself. The prosecution was entitled to put on
evidence of the sex to establish Trump’s motive for the payoff and cover-up.
The defendant could have had his lawyers not dispute the point, even stipulate
to it. What’s the harm? His political supporters stand by him even though he’s
already a civilly adjudicated sex offender, so why would
they care one whit about what he did consensually for a couple of minutes with
an adult-film actor once upon a time in Stateline, Nevada? Had he not insisted
on contesting the point, Daniels might not have had to testify, or at least she
might have been on and off the stand in a flash. Because, again, what
ultimately matters in the case happened mostly in New York City in 2016.
Trump’s insistence on
pointlessly contesting Daniels’s veracity entitled the prosecution to draw her
account out even more than it otherwise could have—not only to establish a
record on why Trump would have been motivated to hush Daniels up (because sex),
but to bolster her credibility with detail of her recollection (about sex)
[...].
The cross also forayed into
archaic, even nonsensical, slut-shaming. Sure, the witness made a living
engaging in sex on camera for money. But does that really mean she shouldn’t
have been horrified to see Donald Trump suddenly take off his clothes? And was
there any logic at all in seemingly trying to show that the sex the defense
said didn’t occur was consensual because Daniels wanted it?
The defense’s cross-examination made Daniels appear more sympathetic than any
prosecutor’s direct questioning ever could.
Worse yet, it emboldened
Daniels. She’s a smart woman—and she’s clearly strong-willed, with a sharp,
quick-witted tongue. Normally it’s not a good idea for witnesses, even smart
and tough ones—perhaps especially smart and tough ones—to fence with lawyers
too much on cross-examination; witnesses tend to lose credibility when they do.
But the belabored and argumentative nature of this cross-examination gave
Daniels some running room. And she took every inch of it.
At one point, for example,
Necheles asked a question about Daniels’s history of writing porn scripts
containing “phony stories about sex [that] appear to be real”—obviously
implying that Daniels’s story about Trump in the hotel room was fake, like the
scripts. Daniels’s devastating retort: “The sex in the films, it’s very much
real. Just like what happened in that room.”
At another point, Necheles
attacked Daniels for selling merchandise about Trump’s indictment.
Necheles: Again, you’re celebrating the indictment by selling things from your store, right
Daniels: Not unlike Mr. Trump.
To read Conway's entire article, click HERE.