Former prosecutors warn Trump lawyers' "dumb" move in NY fraud trial could badly backfire

Trump's testimony "will be destroyed" on cross-examination by the NY AG lawyers, former federal prosecutor warns

By Tatyana Tandanpolie

Staff Writer

Published November 29, 2023 2:04PM (EST)

Former President Donald Trump addresses the press during a lunch break on the third day of his civil fraud trial at New York State Supreme Court on October 4, 2023 in New York City. (David Dee Delgado/Getty Images)
Former President Donald Trump addresses the press during a lunch break on the third day of his civil fraud trial at New York State Supreme Court on October 4, 2023 in New York City. (David Dee Delgado/Getty Images)

A former federal prosecutor on Tuesday argued that lawyers for Donald Trump are making a mistake by deciding to make the former president the last witness they plan to call to the stand in his New York civil fraud trial. According to HuffPost, Trump's attorneys said Monday that they would call him to testify for the final time on Dec. 11 in the $250 million lawsuit, in which New York Attorney General Letitia James accuses him, other Trump Organization executives and the company itself of heavily exaggerating assets for financial gain. 

Former assistant U.S. Attorney Elizabeth de la Vega argued that the decision was "well, dumb," on X/Twitter. After Trump testifies on direct examination, he will have to face cross-examination, she wrote. "Any benefit Trump's [attorneys] think his direct testimony provides will be destroyed by the time AG [attorneys] finish with him," she predicted. Former U.S. Attorney Harry Litman agreed that the move could backfire. "Don't expect the AG to let him just bloviate as they did in their case," he wrote. "He'll deliver whatever informercial he wants on direct, but then the cross should be a classic surgical examination."