Opinion: Who has the upper hand after Trump trial opening?

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The prosecution has the upper hand based on the evidence and the law, and Trump knows it - but the defense has plenty to work with, writes Norman Eisen.

Opening statements, followed by a few minutes of testimony from the first witness, concluded Monday in the criminal trial of former President Donald Trump. Both the prosecution and defense delivered powerful presentations. My takeaway: The prosecution has the upper hand based on the evidence and the law, and Trump knows it. He was visibly bowed by the weight of the day. Still, the case is no slam dunk and the defense has plenty to work with.

It’s clear that he views fighting that issue as the key to securing his client’s acquittal. He told the jury that nothing the prosecution might present would directly show whether Trump had the criminal intent to conceal another crime as required for document falsification to be a felony. That is because nothing Trump intended to do was a crime, said Blanche.

 

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