Retired New Jersey Superior Court Judge Andrew Napolitano told Newsmax on Friday that he has "tried to craft how I would explain what the government says [former President Donald] Trump did" in the New York paperwork trial "to the jury so that they can understand it."
"It's very difficult to do," Napolitano said during an appearance on "Wake Up America." "Research shows that these charges have never, ever, ever — take it to the bank — been filed in New York as a felony. They've been filed as a misdemeanor, and then somebody pays a fine and they correct the books. They've never sought jail time."
Judge Juan Merchan "is going to have to craft an explanation so that the jurors, two of whom are lawyers, can understand what the government says happened" in the case, Napolitano said.
After the lawyers are given a copy of the explanation in writing, they will then prepare their closing arguments.
"Then the fireworks will begin," Napolitano said. "First the defense goes, What would I say if I were [Trump lawyer] Todd Blanche? He doesn't need my advice. But here's what I suggest he does. Get a flat screen and put every single lie and aberrant behavior to which Michael Cohen has admitted and put it on the flat screen and go through each one. You heard him admit this, you heard him admit that. Ladies and gentlemen, would you put the freedom of your children in the arms of this man? Of course not, but that's what they, and I’d point to the prosecutors, want you to do for this innocent defendant. Then I would sit down.
"Now, if I'm making the government's argument, I would say, Look, we don't pick our witnesses," he continued. "'Somebody witnesses an automobile accident, we didn't choose that person. They just saw it.
"We didn't choose Michael Cohen. He's far from perfect. He lies more than he tells the truth. But we suggest he told the truth in this case because it's backed up by the documents, and the documents are from the defendant’s business. They're not from Michael Cohen."
Napolitano predicted "those are the two arguments that they're going to make" and said each attorney will "take half a day" to present their closing argument.
He also commented on the "unusual" eight-day break in the case and argued that "it's harmful for the defendant."
"Todd Blanche's cross examination of Michael Cohen was so good, in my view, it’ll be studied in law schools and it was building, building, building, building, building — all of a sudden, silence," the judge said. "It is normal that there is a gap, but it's unusual that the gap is this long, between every Wednesday off and the Memorial Day weekend. It’s a long break."
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Nicole Wells ✉
Nicole Wells, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.
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