NEW YORK — Donald Trump engaged in “a conspiracy and a cover-up,” a prosecutor told jurors during closing arguments Tuesday in the former president’s hush money trial, while a defense lawyer branded the star witness as the “greatest liar of all time” and pressed the panel for an across-the-board acquittal.
The lawyers’ dueling accounts, wildly divergent in their assessments of witness credibility and the strength of evidence, offered both sides one final chance to score points with the jury before it starts deliberating the first felony case against a former American president.
“This case, at its core, is about a conspiracy and a cover-up,” prosecutor Joshua Steinglass told jurors, who could begin deliberations as soon as Wednesday.
The trial featured allegations that Trump and his allies conspired to stifle potentially embarrassing stories during the 2016 presidential campaign through hush money payments, including to a porn actor who alleged that she and Trump had sex a decade earlier. His lawyer Todd Blanche told jurors that neither the actor, Stormy Daniels, nor the Trump attorney who paid her, Michael Cohen, can be trusted.
“President Trump is innocent. He did not commit any crimes, and the district attorney has not met their burden of proof, period,” Blanche said.
Following more than four weeks of testimony, the summations tee up a momentous and historically unprecedented task for the jury as it decides whether to convict the presumptive Republican presidential nominee ahead of the November election. The political undertones of the proceedings were unmistakable as President Joe Biden’s campaign staged an event outside the courthouse with actor Robert De Niro while Blanche reminded jurors that the case was not a referendum on their views about Trump.
Steinglass sought to defray potential juror concerns about witness credibility. Trump, for instance, has said he and Daniels never had sex and has repeatedly attacked Cohen as a liar.
The prosecutor acknowledged that Daniels’ account about the alleged 2006 encounter in Lake Tahoe hotel suite, which Trump has denied, was at times “cringeworthy” but he said the details she offered — including about decor and what she said she saw when she snooped in Trump’s toiletry kit — were full of touchstones “that kind of ring true.”
And, he said, the story matters because it “reinforces (Trump’s) incentive to buy her silence.”
“Her story is messy. It makes people uncomfortable to hear. It probably makes some of you uncomfortable to hear. But that’s kind of the point,” Steinglass said. He told jurors: “In the simplest terms, Stormy Daniels is the motive.”
The payoff unfolded against the backdrop of the disclosure of a 2005 “Access Hollywood” recording in which Trump could be heard bragging about grabbing women sexually without their permission. Had the Daniels story emerged in the aftermath of the recording, it would have undermined his strategy of spinning away his words, Steinglass said.
“It’s critical to appreciate this,” Steinglass said. At the same time he was dismissing his words on the tape as “locker room talk,” Trump “was negotiating to muzzle a porn star,” the prosecutor said.
Blanche, who spoke first, sought to downplay the fallout by saying the “Access Hollywood” tape was not a “doomsday event.”
Steinglass also tried to reassure jurors that the prosecution’s case did not rest solely on Michael Cohen, Trump’s former lawyer and personal fixer who paid Daniels $130,000 to keep quiet. Cohen later pleaded guilty to federal charges for his role in the hush money payments, as well as to lying to Congress. He went to prison and was disbarred, but his direct involvement in the transactions made him a key witness at trial.
“It’s not about whether you like Michael Cohen. It’s not about whether you want to go into business with Michael Cohen. It’s whether he has useful, reliable information to give you about what went down in this case, and the truth is that he was in the best position to know,” Steinglass said.
Trump faces 34 felony counts of falsifying business records, charges punishable by up to four years in prison. He has pleaded not guilty and denied wrongdoing. It’s unclear whether prosecutors would seek imprisonment in the event of a conviction, or if the judge would impose that punishment.
The two sides also differed on a recording Cohen made of himself and Trump discussing what prosecutors say was a plan to buy the rights to the story of a Playboy model, Karen McDougal, from the National Enquirer, after the publication’s parent company paid her $150,000 to keep quiet about a yearlong affair she says she had with Trump.
Blanche said the September 2016 recording, which cuts off before the conversation finishes, is unreliable and isn’t about McDougal at all, but rather about a plan to buy a collection of material the tabloid had hoarded on Trump. Steinglass said the recording was part of a “mountain of evidence” against Trump.
Though the case featured sometimes seamy discussion of sex and tabloid industry practices, the actual charges concern something decidedly less flashy: reimbursements Trump signed for Cohen for the payments.
The reimbursements were recorded as being for legal expenses, which prosecutors say was a fraudulent label designed to conceal the purpose of the hush money transaction and to illicitly interfere in the 2016 election. Defense lawyers say Cohen actually did substantive legal work for Trump and his family.
In his own hourslong address to the jury, with sweeping denials echoing Trump’s “deny everything” approach, Blanche castigated the entire foundation of the case.
He said Cohen, not Trump, created the invoices that were submitted to the Trump Organization for reimbursement and that there was no proof that Trump knew what staffers were doing with the payments. He disputed the contention that Trump and Daniels had sex, and he rejected the idea that the alleged hush money scheme amounted to election interference.
“Every campaign in this country is a conspiracy to promote a candidate, a group of people who are working together to help somebody win,” Blanche said.
As expected, he reserved his most animated attack for Cohen, with whom he tangled during a lengthy cross-examination.
Mimicking the term “GOAT,” used primarily in sports as an acronym for “greatest of all time,” Blanche labeled Cohen the “GLOAT” — greatest liar of all time — and also called Cohen “the human embodiment of reasonable doubt.” That language was intentional because, to convict Trump, jurors must believe that prosecutors proved their case beyond a reasonable doubt.
“He lied to you repeatedly. He lied many, many times before you even met him. His financial and personal well-being depend on this case. He is biased and motivated to tell you a story that is not true,” Blanche said, a reference to Cohen’s relentless and often bitingly personal social media attacks on Trump and the lucrative income he has derived from books and podcasts about Trump.
The attorney’s voice became even more impassioned as he revisited one of the more memorable moments of the trial: when Blanche sought to unravel Cohen’s claim that he had spoken to Trump by phone about the Daniels arrangement on Oct. 24, 2016.
Cohen testified that he had contacted Trump’s bodyguard, Keith Schiller, as a way of getting a hold of Trump, but Blanche asserted that at the time Cohen was actually dealing with a spate of harassing phone calls and was preoccupied with that problem when he spoke with Schiller.
“That was a lie,” Blanche said, “and he got caught red-handed.”
In his testimony, Cohen acknowledged a litany of past lies, many of which he said were intended to protect Trump. But he said he had subsequently told the truth, at great cost: “My entire life has been turned upside-down as a direct result,” he said.
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Associated Press writer Michelle L. Price in New York contributed to this report.