Trump Trial: Jury Lawyers Could Aid in Explaining NDAs
In the ongoing Stormy Daniels hush money trial, the presence of two lawyers on the jury could provide a significant advantage to the defense in explaining a key part of their argument. During their opening statement, Trump’s legal team asserted that the non-disclosure agreement (NDA) signed between Daniels and Trump’s attorney was legal, rendering the prosecution’s case against Trump flawed.
Stephen Gillers, a law professor at New York University, highlighted the potential impact of these legal professionals on the jury. He explained that the lawyers can assist fellow jurors in comprehending that NDAs are not inherently illegal. Gillers stated, “To a lay jury, an NDA can be misconstrued as an unlawful effort to hide information or at least suspicious. By saying there is nothing wrong with NDAs, the defense hopes to dispel that assumption.” He added that the defense may seek support from the judge’s instructions to the jury, and the two lawyers on the jury will serve as valuable resources in this regard.
Trump is the first former president in U.S. history to stand trial in a criminal case, pleading not guilty to 34 counts of falsifying business records. The prosecution alleges that prior to the 2016 presidential election, Trump paid or discussed paying Daniels and adult film star Karen McDougal to conceal his alleged affairs with them, thus influencing voters’ perceptions of his character. Trump denies these allegations and maintains that they are part of a political witch hunt against him.
A non-disclosure agreement was signed between Daniels and Trump’s then-lawyer, Michael Cohen, in which she agreed not to reveal any personal details about Trump. The agreement was executed 11 days before the 2016 presidential election. In 2018, Daniels successfully sued to be released from the agreement.
Gillers emphasized that NDAs are commonplace and often serve legitimate purposes, such as protecting trade secrets or customer lists. However, he noted that they can be misused, as exemplified by Cohen’s settlements in sexual assault and harassment cases that included conditions for women to withhold details of their claims or cooperate with law enforcement.
Colleen Kerwick, a New York attorney, suggested that the two lawyers on the jury may not be inclined to believe Cohen, who is expected to testify for the prosecution and allege that Trump had agreed to the NDA. She stated, “The defense has two practicing lawyers from white shoe law firms on the jury. They would perceive disbarred attorney Michael Cohen’s counsel to Trump as wrong.” Kerwick further opined that they may raise reasonable doubt about whether Trump committed a crime by following his attorney’s advice.
