From what we heard this morning, it seems like the two cases are going to work out this way:
Prosecution will walk through Trump’s catch-and-kill scandal scheme, showing the roles that Cohen and Pecker played. That means revisiting three cases:
- The Dino the doorman case involving a $30,000 payment to bury a story about Trump having a secret child.
- The Karen McDougal case, where a nude model involved in an affair with Trump got $150,000 to shelve a proposed book.
- The Stormy Daniels case, whose $130,000 payoff is the direct focus of the illegal accounting behind this trial.
In addition, the jury will hear about other cases, including the Trump Foundation and civil fraud trial, showing Trump’s frequent disregard for proper handling of his business dealings. And they’ll get a refresher on Trump’s sexual assault trial against E. Jean Carroll and the “Access Hollywood” incident to cover Trump’s abusive, dismissive attitude toward women as well as his own sense of privilege. The Carroll defamation case may also play a role when it comes to what’s likely to be the defense’s biggest line of attack: going after Cohen.
Defense will more or less concede that the catch-and-kill scheme existed, but will paint it as nothing special. They’ll present McDougal and Daniels as people who attempted to extort Trump and were paid a small amount to go away. Instead of defending this part of the story, defense will focus on undercutting Cohen and focusing on the supposed crimes behind the 34 felony counts. In other words, they’ll accuse the prosecution of trying to distract the jury with scandal while saying that no actual crime occurred.