Thursday, May 09, 2024

Opening Statements Are Not Evidence; Blanche Didn’t Open Any Door in Opening

I just re-read Todd Blanche’s opening statement again. He gave an anodyne opening. Never said Stormy Daniels had lied about sex, or anything; never said “We deny that they had sex”, NOTHING! If there is a conviction, the case is coming back like a boomerang. Let’s refamiliarise with Justice Merchan’s stated ground for denying the mistrial:

Merchan said Trump’s lawyers opened to door to detailed testimony about the alleged sexual encounter when they asserted in their opening statement (https://apnews.com/trump-trial-hush-money-live-updates-stormy-daniels-day-14#0000018f-5f11-dc6a-abff-5fdb7af20000) that no sex had occurred, telling them: “Your denial puts the jury in the position of choosing who they believe.”

Here, Justice Merchan says Blanche, talking about Michael Cohen shouldn’t be “testifying from the podium.” That is, Merchan knew, he had just so instructed the jury, that what the lawyers say is not evidence.

Here, again in re Cohen, Merchan says Blanche is not permitted even to say, “We expect the evidence to show…” 



Here Blanche introduces Stormy Daniels as a witness: “extremely biased”, “has made a living off  communications” with Trump re The Apprentice:

 “She saw her chance to make a lot of money, $130,000.” But “the salacious details,” it doesn’t matter.” (2xs). Never says “They didn’t have sex.” 

Judge Merchan has completely, contrary to all law and rules of court, FUCKED UP. Donald Trump's right to a fair trial has been deeply compromised, perhaps fatally.