Donald Trump has the right to testify in his New York criminal trial. But even if he chooses not to, jurors have already heard from him this week, in a sense.
That’s by way of books authored by the former president, which came into evidence just before Stormy Daniels began to testify. Though the adult film star’s appearance dominated Tuesday (she’s due back on the stand Thursday), don’t overlook the importance of this book evidence in the long run.
Before Daniels took the stand, the state called Sally Franklin, an executive at Penguin Random House. That let prosecutors show the jurors Trump’s books, which, in the defendant’s own words, paint him as an obsessive financial micromanager. The implication that the prosecution will likely draw in summation is that Trump would have had to know about the alleged scheme to cover up the hush money payoff to Daniels with falsified business records. He has pleaded not guilty and has denied having sex with Daniels.
Though the adult film star’s appearance dominated Tuesday (she’s due back on the stand Thursday), don’t overlook the importance of this book evidence in the long run.
Through Franklin, the state highlighted several potentially damning excerpts from Trump’s writings, like: “If you don’t know every aspect of what you’re doing, down to the paper clips, you’re setting yourself up for some unwelcome surprises.” Also: “When you are working with a decorator, make sure you ask to see all of the invoices.” And: “I always sign my checks, so I know where my money’s going. In the same spirit, I also always try to read my bills to make sure I’m not being overcharged.”
There were many more quotes emphasized for the jury, but you get the picture. Jurors likely did, too. On cross-examination, Trump’s defense lawyer seemingly sought to highlight the role of the secondary author listed on the books, suggesting that these Trumpian-sounding words may not have been Trump’s but were actually ghost-written. It doesn’t look like an incredibly effective cross. But the fact that Trump’s defense felt the need to attack this evidence amounted to a concession of its power. Expect the state to remind the jury of these words in closing arguments, while imploring jurors to apply their common sense to the facts of this case. Subscribe to the Deadline: Legal Newsletter for weekly updates on the top legal stories, including news from the Supreme Court, the Donald Trump cases and more.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro," a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.
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