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Trump Trial: Prosecutors' Secrecy Over Witness Identity Surprises Defense

 April 20, 2024

The trial of former President Donald Trump, centered around alleged hush money payments years ago, has been characterized by an unorthodox move from prosecutors: the sequence of their first witnesses will only be disclosed on the eve of their appearances in court.

This measure has been primarily adopted due to concerns over Trump possibly swaying public opinion against these witnesses via his social media platforms, as the Washington Examiner reports.

Trump’s lawyers originally requested the names of the first three witnesses from the prosecution.

However, the prosecutors, led by Joshua Steinglass, responded by planning to reveal the identity of their initial witness only on the night before the trial’s commencement.

This has broken from the general convention where the list of witnesses is known, but not the order in which they appear.

Judge Addresses Concerns Over Potential Influence

Trump’s constant discussion of the witnesses on social media prompted this cautious approach from the prosecutors.

There were initial refusals from the prosecution side to share any details on the witnesses, fearing potential influences on public sentiment and witness perspectives.

Trump's attorney, Todd Blanche, was denied the request for witness names.

Presiding Judge Juan Merchan expressed concerns that assurances about Trump not posting about the witnesses on social media were not enforceable.

Karen Agnifilo, a critic of Trump and former high-ranking official at the Manhattan D.A.'s office, echoed the necessity of such precautions, citing past instances where Trump has been accused of threatening witnesses.

Upon the refusal, Andy McCarthy, a conservative legal commentator, suggested that the defense might need additional time to prepare if the witness names are withheld until the last moment.

However, the prosecutors stayed their ground, justified by Trump’s past behavior towards witnesses like Michael Cohen and Stormy Daniels, whom Trump has repeatedly targeted in his comments.

Legal Precautions and Witness Protection

In response to the evolving situation, Judge Merchan issued a gag order barring Trump from making any public comments about the case’s witnesses.

Both Cohen and Daniels have a history of public criticism against Trump, with Cohen notably increasing his public appearances, possibly to reinforce his credibility against potential attacks during the trial.

Criticism from legal experts continues, with some arguing that withholding witness names could potentially compromise the defense's ability to effectively conduct cross-examination.

Andrew Warren, a notable figure in legal circles, highlighted that it is common practice to know much in advance about the witnesses, making the prosecutors' approach highly unusual.

As the trial approaches, the legal strategies employed by both sides highlight the complexities and challenges inherent in high-profile legal battles involving influential public figures.