Donald Trump Could Attempt 'Hail Mary' in Criminal Case: Attorney

Former President Donald Trump could testify in his upcoming hush money trial to try to charm the jury, an attorney suggested.

Speaking to British broadcaster Times Radio, former assistant U.S. attorney David Katz said the Republican may take the stand in a "Hail Mary move" if he thinks the trial is going "poorly for him."

Due to begin on Monday, the hush money trial will determine whether Trump falsified business records over payments to former adult film star Stormy Daniels to keep an alleged affair secret before the 2016 election, as alleged in a criminal indictment.

Prosecutors led by Manhattan District Attorney Alvin Bragg allege the payments were part of a scheme to stop potentially damaging stories about the Republican from becoming public. Trump, the presumptive Republican presidential nominee for 2024, has denied wrongdoing and pleaded not guilty to all 34 charges against him in the case.

Katz spoke about Trump, the first former president to go on trial, and his potential legal strategy in the case.

"He's trying to thread the needle where he doesn't infuriate the jury and he somehow appeals to them and I think his charm seems to work in some of the swing states and with his base," he said. "He is going to try to charm the jury, he may even testify. If Michael Cohen goes in pretty well and the trial otherwise goes poorly for him he might just Hail Mary take the stand."

Cohen, Trump's former lawyer, facilitated the alleged payments to Daniels. In 2018, he pled guilty to eight counts of breaking campaign finance and other laws with the aim of impacting the 2016 presidential race. He is expected to be a star witness in the case.

Katz added that in some cases people make good impressions by testifying if they have "charm or persuasive ability."

Newsweek contacted a representative for Trump by email to comment on this story.

Speaking to Newsweek, Matt Mangino, a former district attorney in Lawrence County, Pennsylvania, said Trump may have a difficult time "connecting" with a jury if he decides to testify because of the demographics of Manhattan, where the trial will take place.

"Regardless of what Donald Trump says, the decision whether to testify is the defendant's. His legal team can advise him but the decision is his and his alone. That's why defendants in criminal cases undergo a colloquy on the record about their decision not to testify.

"Testifying in one's own defense is the most crucial decision in any criminal case, and often that decision isn't made until the last minute, depending on how well the prosecution has done in presenting their case.

"Trump will have a tough time connecting with a Manhattan jury. His ideal juror-right leaning, gun toting, white, uneducated male is a bit rare in Manhattan."

Jury selection for the trial begins on April 15, when more than 500 New Yorkers will fill out questionnaires about their political beliefs, before 12 are chosen. Six alternate jurors will also be selected for the case.

Trump is facing three other criminal indictments, two concerning allegedly conspiring to overturn the results of the 2020 presidential election and another relating to keeping classified documents when he left office and allegedly obstructing attempts by law enforcement officials to retrieve them. He has pleaded not guilty to all charges across these cases.

Update 4/11/24 at 10:22 a.m. ET: This story was updated with comment from Matt Mangino.