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Former President Donald Trump's legal team will attempt to distract jurors from the "overwhelming" evidence of his guilt during his federal trial, according to legal analyst Glenn Kirschner.
Kirschner, former federal prosecutor, predicted during a Wednesday appearance on MSNBC that Trump's lawyers would, at the ex-president's urging, adopt an "attack, attack, attack" strategy in an attempt to avoid any convictions related to his post-presidency handling of classified documents and alleged obstruction of justice.
Trump was indicted on 37 felony counts by a federal grand jury this month. Judge Aileen Cannon—a controversial Trump appointee—announced on Tuesday that the former president's trial would begin in Fort Pierce, Florida, on August 14, although some experts have predicted that delays could be on the way.
Kirschner said that Trump's attorneys would be unable to present a "unified defense" because prosecutors would be able to "find a statement made by Trump" that would contradict any theory that they might use in his defense.
The legal analyst maintained that Trump's legal team, apparently recognizing that the evidence is "very strong," would instead seek to convince "one or two" jurors of "reasonable doubt." Doing so could result in the former president receiving a not guilty verdict or the trial ending in a hung jury.
"What you're going to see is what we often see when the evidence is really strong," Kirschner said. "They're going to just throw a whole bunch of stuff out there. They're going to look for the low-hanging fruit in the jury box, maybe one or two people they believe they can deceive into finding reasonable doubt somewhere."
"The other thing I predict ... Trump will be pushing his defense team to do this ... It's going to be attack, attack, attack the prosecutors, the FBI, the Democrats," he continued. "Attack, attack, attack and distract from the fact that the evidence of guilt is overwhelming."
Kirschner went on to say that he does not "think [Trump's lawyers] are going to succeed at the end of the day," adding that "the tough part" was the indictment and "the case is gonna try itself."
Newsweek has reached out via email to the offices of Trump and the former president's attorney Todd Blanche for comment.
Trump spokesperson Steven Cheung dismissed Kirschner as "a notorious trafficker of wild conspiracy theories and dubious legal analysis" in previous comments to Newsweek, alleging that he "has been shunned by the legal community at large."
The ex-president, who is also facing dozens of state felony charges in New York as he seeks the 2024 GOP nomination, could be facing a maximum sentence of decades or even hundreds of years in prison if convicted of all charges.
In a case that mirrors aspects of the charges against Trump, former FBI agent Kendra Kingsbury was sentenced to 46 months in prison on Wednesday after pleading guilty to two counts of willful retention of classified documents.
U.S. District Judge Stephen Bough admonished Kingsbury during the sentencing hearing, saying that he could not "fathom" why she would "jeopardize our nation" by keeping the documents in her bathroom.
Trump has also been accused of unlawfully keeping classified materials in a bathroom, with a photo included in his indictment showing boxes of documents stored near a toilet inside his Mar-a-Lago residence.
About the writer
Aila Slisco is a Newsweek night reporter based in New York. Her focus is on reporting national politics, where she ... Read more