Two Trump Defense Counterfactuals

If Trump had taken the stand, admitted the sexual encounter and the hush money payment, but denied having any meaningful involvement with the falsified records, the outcome of the trial could have been different, as it is possible the jury would have taken his word over Cohen’s on that one point. The problem, of course, is that Trump would have been the world’s worst witness, for the reasons I have described on many previous occasions. Subjecting him to cross-examination would only have made matters worse.

Alternatively, the defense team could have admitted most of the prosecution’s case, thereby building some credibility with the jury, while attacking the case at its two most vulnerable points: the secondary crimes and the creation of the falsified records. Trump’s standard approach to all legal matters–deny everything– undoubtedly made that impossible.

The bottom line is that when Trump gets up tomorrow morning and views himself in the mirror, he will be looking at the guy who is responsible for losing the case.