View: The Trump camp went for a home run. Due to Stormy Daniels, they failed.
Taking a swing at a big hit during cross-examination can backfire if you don't connect. As I sat just 10 feet from the jury box, I witnessed this happening multiple times.
Necheles was competent, but Daniels was superior.
Daniels, the adult film actress who received a $130,000 hush money payment in 2016, has been a vital witness in the fraud false records case against Trump. Prosecutors claim that the payment was made to sway the 2016 presidential election by silencing her story about a sexual encounter with Trump and that 34 documents were altered to conceal it. Trump denies having a sexual encounter with Daniels and has pleaded not guilty.
It was predicted that the cross-examination would be even more stern today, and indeed, Necheles attacked Daniels from the start. However, Necheles faced the issue that she was not the only one allowed to speak during her examination. Her sharp questions were regularly countered by Daniels' forceful responses.
For instance, early on, Necheles attempted to make Daniels admit that she desired to be "instrumental" in putting Trump "in jail." This question stemmed from a Twitter exchange that Necheles displayed to the witness and jury, in which Daniels responded to a post labeling her a "human toilet" with the reply, "Exactly! Making me the best person to flush the orange turd down."
TRUMP TRIAL DIARY
Norm Eisen, a CNN legal analyst at Trump's Manhattan criminal trial, offers his observations for this CNN Opinion series. Read previous installments:
- What Trump may not have anticipated from Stormy Daniels' testimony
- The prosecution is amassing points – and that should startle Trump
- Hope Hicks' testimony was a catastrophe for Trump
Daniels calmly replied by questioning the validity of Necheles' argument: "I don't see 'instrumental' or 'jail' in the tweet," Daniels stated. When Necheles pushed her further, Daniels pointed out her post was "hyperbole" and also emphasized, "I'm also not a toilet."
Daniels held her ground – a demonstration of victory on cross-examination. Daniells' direct examination had seemed stiff at times, but on Thursday, she showed her character and resolve.
The most intense interaction between Neilches and Daniels revolved around Daniels' memories of the circumstances surrounding her alleged 2006 sexual encounter with Trump. How did she arrive – by car or on foot? Whether food was served during dinner. What color were the bathroom floor tiles, and how could Daniels, a porn star with over 150 movies under her belt, get "faint" after leaving the bathroom and encountering Trump in his underwear on the bed?
Daniels responded by explaining that she sees her spouse without clothing at home often, yet "if I came out of the bathroom and it was not my husband, but Mr. Trump instead, I would likely have the same reaction" she had upon seeing Trump in 2006.
Instead of demeaning Daniels, the exchange worked in her favor, further emphasizing Daniels' statement from Tuesday that she felt a power imbalance with Trump during the encounter. This exchange didn't improve Trump's position but might have worsened it.
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- Follow us on Twitter and InstagramWhy take this risk? As these trial diaries have highlighted, both sides have, in general, performed admirably well. However, the facts and legislation favor the prosecution, and they had a sizable lead after Tuesday's line of questioning. Perhaps that's why defense counsel decided to take a risk here.
Or perhaps they were following the instructions of their predominantly combative client, whose 2023 all-caps social media message "If you go after me, I'm coming after you!" surfaced during Thursday's testimony. No matter the motive, this gamble left Trump in the same place – or potentially even more vulnerable.
Additionally, Daniels' cross-examination presented a sneak peek of what to anticipate from Trump's former lawyer, Michael Cohen, when he takes the witness stand in the upcoming days. I had interviewed him on these same events for the first Trump impeachment, and I think he, like Daniels, will exceed expectations.
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In light of Necheles' aggressive cross-examination, Daniels expressed her own opinions, challenging Necheles' interpretation of a tweet and asserting that her response was hyperbolic. After the intense exchange about her memories of the 2006 encounter, Daniels' character and resolve were showcased, potentially further damaging Trump's position.
Source: edition.cnn.com
