Prosecutors intend to raise fraud, sex abuse cases if Trump testifies in New York criminal trial

If former President Donald Trump chooses to testify at his New York criminal trial, Manhattan District Attorney Alvin Bragg says prosecutors want to question Trump about a series of his recent high-profile court defeats in order to attack its credibility, according to a file made public. Wednesday.

The list of misconduct includes the nearly half-billion-dollar civil fraud judgment recently handed down by another New York court, two unanimous verdicts from federal civil juries finding him liable for defamation and sexual abuse on the writer E. Jean Carroll, of violations of the silence order and sanctions for what a judge concluded was a “frivolous and bad faith lawsuit” against Hillary Clinton. That suit, which was dismissed in 2022, accused Clinton and others of conspiring to damage Trump's 2016 presidential campaign by alleging he colluded with the Russian government.

The opinion concerns what's called a Sandoval hearing, when a judge determines the permissible scope of cross-examination and whether a defendant's past bad acts can be brought up if he chooses to testify. If Trump chooses not to testify, these topics are unlikely to be addressed by prosecutors during the trial. The judge has not publicly said when that hearing will take place.

Trump's lawyers have indicated that they believe these topics should be out of reach of prosecutors, and that the judge overseeing the case will have the final say on which ones are ultimately allowed.

Former President Donald Trump visits a bodega in the Harlem neighborhood of upper Manhattan where a worker killed a man who attacked him in 2022, April 16, 2024 in New York. Spencer Platt/Getty Images

Trump has pleaded not guilty to 34 counts of falsifying business records. He has denied all allegations in the case, which centers on reimbursing a former lawyer for a 2016 presidential election “hush money” payment to adult film star Stormy Daniels. Trump also denied having an affair with Daniels.

Jury selection is currently underway for the trial.

Bragg intends to point out that Trump previously “testified falsely under oath” in the civil fraud case, according to the filing. Specifically, Bragg pointed out that Trump claimed his public comments about Judge Arthur Engoron's clerk, Allison Greenfield, were about a witness. Engoron argued that as a “trier of facts, I conclude [Trump’s] the testimony rings hollow and false. »

It also plans to introduce that Trump was found in his civil fraud case to have “repeatedly and persistently falsified business records, conspired to falsify business records, issued false financial statements, conspired to issue false financial statements and conspired to commit insurance fraud,” according to Bragg’s filing.

Trump has denied all allegations in the civil fraud case and appealed. He accused the lawyers and prosecutors in each of these cases of pursuing him for political purposes.

Trump told reporters on March 25 that he “would have no problem testifying” at the trial.

“Well, it might also make me more popular because people know it’s a scam,” he said.

However, the choice not to testify cannot be withheld from him. Under the Fifth Amendment, the jury is prohibited from reaching an adverse inference if Trump does not take the stand.

Trump investigations

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