The Trump trial involves unexpected witnesses. Melania Trump could be forced to testify despite her marital privilege. But how likely is that?
New York – What is particularly surprising in the latest criminal trial against Donald Trump are the possible witnesses. As Judge Juan Merchan read all possible witnesses, they included three adult children of the Trump family, Donald Jr., Ivanka and Eric, as well as wife Melania Trump.
In a major case involving hush money payments, Trump faces 34 charges for allegedly falsifying business records. This matter involves various well-known personalities, including adult actress Stormy Daniels (real name Stephanie Clifford), former Playboy model Karen McDougal, former Trump lawyer Michael Cohen and former White House chief strategist Steve Bannon. Trump has pleaded not guilty to all charges.
Melania Trump can use marital privilege - statement unlikely due to circumstances
"If Melania is subpoenaed by the prosecution, she would have to testify unless she can claim some sort of privilege," former U.S. Attorney Neama Rahmani explained, according to
Newsweek
. Marriage privilege is the most obvious way to do this.
Melania Trump could also be legally forced to testify, but "the likelihood of this happening is extremely low to non-existent," prosecutor Michael McAuliffe told
Newsweek
. Trump's wife has no involvement in the charges and is rather "the alleged victim in the part of the story that involves illicit sex."
Merchan already allowed testimony about Trump's alleged affair with McDougal in court, but banned discussions about the timing of the affair in relation to Melania's pregnancy or the postpartum period. During a so-called “Sandoval hearing,” scheduled to take place on Friday (April 19) if there is enough time, the judge can further narrow down whether and how previous bad deeds can be brought up – depending on whether the probative value outweighs the disadvantages or not. Possible humiliation of Melania Trump could play a significant role in this. Spicy details could also influence many eligible voters.
Secret for marriage or for the election? The reason for the hush money payment is decisive
Cohen is said to have paid Clifford a total of $130,000 as hush money to keep their alleged affair during the 2016 US election secret. She is also allowed to testify in the trial against Trump. McDougal was reportedly paid $150,000 by the National Enquirer, backed by Cohen. Prosecutors allege that Trump included a total of $420,000 paid to Cohen after the election for a variety of expenses as legal fees in business filings.
Andrew Weissmann, a lawyer and former general counsel of the FBI, suspected
difficulties in trying to attribute the secrecy in the trial solely to protecting his marriage to Melania Trump, according to
Newsweek
. “Donald Trump said, well, let’s see if we can do this later because we might not have to pay if it’s later,” Weissmann explained, further mimicking Trump’s presumed line of thought: “If we lose the election, who cares whether it comes out.” The public prosecutor's office wants to prove this train of thought, said Weissmann.
First criminal law trial of many: Trump's wife on the witness stand helps the ex-president's narrative
"Any attempt by the government to force her to appear as a potential witness would only feed Trump's preferred narrative that the case is about spreading salacious rumors rather than holding Trump accountable for crimes," McAuliffe said of one possible Melania Trump's testimony. Trump has already attacked public prosecutors several times with the suspicion that he wanted to disrupt the election campaign. Merchan already extended a gag order against Trump after the former president
attacked the judge's daughter on social media, according to
CNN .
Other possible witnesses include Ivanka Trump's husband Jared Kushner and parts of Trump's former government team. The twelve jurors were elected during the first week of the trial. Alternate jurors will be selected on Friday morning (April 19). The trial marks the first case in which a former U.S. president faces criminal prosecution. In three other criminal charges relating to mishandling of classified documents, election interference and conspiracy theories, the trial will not start until May 2024 at the earliest.
(lismah)