Will Donald Trump testify in his own defense? What lawyers are saying as prosecutors are expected to rest their case early this week

Donald Trump‘s hush money trial could wrap up and depending on when closing arguments are made – the case could be in the hands of the jury to reach a verdict as soon as this week. 

What remains less clear is whether the ex-president will take the stand in his own defense in the case. His defense lawyer Todd Blanche refused to rule out Trump testifying when court wrapped up last week. 

Trump himself has delivered mixed messages on whether he would take the stand, saying last month that he would ‘absolutely’ testify. 

He has also said he would testify ‘if necessary’ and ‘probably.’ At the same time, he has recently told the media falsely that he is not allowed.

But based on the most recent activity of Trump lawyers and legal expert recommendations, it does not appear likely that Trump would testify.

Trump lawyer Will Scharf appeared on Fox News Sunday where he addressed the looming question as to whether the ex-president will take the stand. 

Scharf, who is not specifically representing the ex-president in the hush money case, suggested he does not need to.

 ‘I think it’s really important to remember that in a criminal case the prosecution bears the burden of proving beyond a reasonable doubt each and every element of the charged offenses,’ Scharf said in response to a question over whether he would recommend Trump testify.

‘Here I think looking over the trial record over the last several weeks… the prosecution has abjectly failed to prove their case,’ Scharf said. He said he believes any jury would ‘unanimously vote to acquit.’ 

‘In terms of whether witnesses will be called including President Trump, that is something the defense team is going to have to think about after the prosecution rests.’ 

Trump lawyer Will Scharf appearing on Fox News Sunday. He is not representing Trump specifically in the hush money trial but suggested the ex-president will not testify

Donald Trump speaking in court on May 16 alongside lawyer Todd Blanche. Trump has given mixed messages on whether he would testify. He previously said ‘I’m testifying’ and ‘probably’ testifying, but he has also falsely claimed he is not allowed

The Washington Post reported over the weekend that four people close to the former president said the plan does not include him testifying. 

One legal expert Trump himself often mentions when addressing the media outside the courtroom is Andrew McCarthy. 

McCarthy wrote on Friday in the National Review that ‘if Trump testified, the case would become a measure of his credibility, not of the sufficiency of [District Attorney] Bragg’s evidence.’

He argued Trump as it stands is in a good position but testifying would open him up to not just having to address the salacious Stormy Daniels testimony but also the recent civil fraud case and being found liable in the defamation case brought by E Jean Carroll.  

‘By not testifying, Trump would keep these two damaging court verdicts out of the case,’ McCarthy wrote.

Cross-examination of Trump’s former personal attorney Michael Cohen will resume on Monday after he faced a brutal questioning by Trump’s lawyer Blanche last week. He has been on the stand for three days already

Judge Juan Merchan told both sides to be ready for closing arguments in the case on Tuesday

Trump on Friday at son Barron’s high school graduation with former First Lady Melania. Court was out that day so Trump could attend his son’s ceremony in Palm Beach, FL

Trump’s former personal attorney Michale Cohen’s testimony is set to resume on Monday. On Thursday, he was put through a grueling cross-examination by Trump’s defense attorney about his history of lying including under oath. 

After the cross-examination, there could be a lengthy redirect by prosecutors, but they are expected to rest their case following his testimony. 

Judge Juan Merchan told lawyers on both sides to be ready for closing arguments as soon as Tuesday, signaling there could be an extremely short defense before the case goes to jury deliberations.  

Merchan signaled he was even willing to have the trial continue through Wednesday, a day that had previously been off for other business while the trial was in full swing. It signals, he may be hoping to have the case completely wrapped up before the Memorial Day weekend.