The ex-president has been targeting some of Mr. Bragg’s crucial witnesses, issuing threats and social media attacks against them. Mr. Cohen, in particular, has been the main target of Mr. Trump’s aggression, being sued, called a “rat,” and labeled as “death.” Their upcoming confrontation in court, with Mr. Cohen as the star witness, is anticipated to be the trial’s climactic moment.
However, if Mr. Trump decides to testify, Mr. Cohen’s importance may diminish. The ex-president is likely to delay his decision until he knows if the judge will limit prosecutors’ ability to cross-examine him and until he evaluates his former fixer’s performance.
The jurors will also be evaluating Mr. Cohen. If even one juror doubts his testimony, it could lead to a hung jury, a win for the ex-president. Todd Blanche, the lead lawyer on the case, has informed Mr. Trump that he has a chance to win, according to sources familiar with the conversation.
The trial’s outcome may hinge on jury selection in the coming weeks. It is expected that many potential jurors will be Manhattan Democrats with a dislike for Mr. Trump. The ex-president’s legal team aims to identify sympathizers, focusing on younger Black men and white working-class men.
Even with sympathetic jurors, Mr. Trump might face challenges if he opts to testify. In a previous civil fraud trial, the judge — who rendered a verdict instead of a jury — was unimpressed.
The judge noted that Mr. Trump often avoided answering questions directly, going off on irrelevant tangents, which severely impacted his credibility. This behavior could pose a challenge for him in the current trial.