Donald Trump's Trial Behavior Suggests 'Consciousness of Guilt,' Says Lawyer

Legal Drama Surrounds Trump's Hush Money Trial Proceedings.

by Nouman Rasool
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Donald Trump's Trial Behavior Suggests 'Consciousness of Guilt,' Says Lawyer
© Mark Peterson - Pool/Getty Images

Former President Donald Trump’s demeanor during his ongoing hush money trial may suggest a "consciousness of guilt," opined Glenn Kirschner, a former federal prosecutor, last Friday. Of course, one of the aspects that interests numerous scholars in law, including Trump, who wants to run for the presidency in 2024, is the fact that he has become the first former U.S.

president to be criminally prosecuted. In March 2023, Trump was slapped with 34 charges by Manhattan District Attorney Alvin Bragg on allegations of falsified business records over payments made to adult film actress Stormy Daniels during his 2016 run for the presidency.

Trump rejected all the charges of the alleged affair with Daniels in 2006 and pleaded not guilty to all counts, stating that it was all politically motivated.

Trump's Testimony Turmoil

From the courtroom and from the outside, every angle of Trump's behavior has been scrutinized throughout the trial.

Making an appearance with guest host Brian Tyler Cohen on his YouTube show, "The Legal Breakdown," Kirschner answered to Trump's claim of being unable to testify due to an alleged gag order: "Donald Trump is a stone-cold liar all day, every day," Kirschner said.He suggested that prosecutors could potentially seek a judicial notice or a jury instruction emphasizing that Trump’s excuse reveals a strategic dishonesty hinting at guilt.

Adding to the controversy, Trump addressed the media last Thursday, asserting that a "conflicted" Judge Juan Merchan imposed a gag order that unfairly curtails his speech about the trial participants, claiming it infringes on his First Amendment rights.

Kirschner, however, clarified that such restrictions are typical judicial measures intended to maintain the integrity of the trial process without violating constitutional rights. On Friday, further clarification came when Judge Merchan reassured Trump in court, stressing his unequivocal right to testify.

Trump, correcting his earlier statements, admitted to reporters that the gag order does not prohibit him from testifying but restricts his public comments about the trial's stakeholders. Despite previous declarations of his intent to testify and "tell the truth," Trump's actual participation remains uncertain.

Kirschner expressed skepticism about Trump taking the stand, given the rigorous cross-examination that would ensue. He also noted the staunch loyalty of Trump's base, who are likely to dismiss any inconsistencies in his narrative.

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