Opinion: Donald Trump is about to learn the difficult lesson that Michael Avenatti and R. Kelly learned — that it's very hard to defend multiple criminal cases at the same time, writes legal affairs columnist and former prosecutor renato_mariotti
be a problem for a defendant like Trump in a later trial. By the time Avenatti and Kelly reached their second trials, they were both convicted felons, which made it difficult for either to take the stand in his own defense. One of R. Kelly’s co-defendants testified for over four hours, and was ultimately acquitted, but Kelly couldn’t even consider doing so given his prior conviction. Trump needs a clean sweep in Manhattan to avoid a similar fate.
The documents produced by Trump’s team in the Manhattan case can be obtained and used by prosecutors elsewhere. The legal positions he takes can preclude him from taking the opposite position elsewhere. A judge would be far less likely to take Trump’s position seriously in a subsequent case if he had taken a contradictory position earlier. The witnesses who testify on his behalf will never surprise another prosecutor again with their presence or their testimony.
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