Former U.S. Army prosecutor Glenn Kirschner on Tuesday explained why Donald Trump’s usual “throw all the s**t against the wall and see what sticks” strategy likely won’t work in his upcoming trial in his election interference case in Washington.
U.S. District Judge Tanya Chutkan (who is overseeing the case) last week ruled Trump couldn’t claim presidential immunity from the federal prosecution in what is one of four criminal cases he is indicted in.
On the latest episode of Kirschner and commentator Brian Tyler Cohen’s podcast “The Legal Breakdown,” Cohen asked what defense is now available to Trump.
Kirschner suggested the “reasonable doubt” defense could now be the Republican 2024 front-runner’s best bet. He envisioned Trump’s legal team attempting to attack the credibility of every single witness, document and piece of evidence.
It “can be a viable defense,” Kirschner acknowledged, but it may have no effect because the case against Trump is “strong.” “I don’t think he has any winning defense and I think he’s going to be convicted so fast it’ll make his head spin,” Kirschner predicted.
As a defendant, Kirschner said Trump would have “absolutely no right under the Rules Of Evidence to put any” of his more spurious claims before the jury unless he takes the stand where “he can spew out whatever he wants.”
“And then Jack Smith’s prosecutors will cross-examine him and will figuratively disembowel him on the witness stand,” he added. “I’ve seen it happen before. I have cross-examined RICO defendants before. It never ends well for a testifying defendant who is a great big liar like Donald Trump is.”
Watch the video here: