The prosecutors in the hush money trial against former President Donald Trump are in danger of following a doomed “roadmap to what you can’t do” that was established by the reversal of the conviction in the Harvey Weinstein case, according to lawyer and legal analyst Alan Dershowitz.
“I can’t imagine how the Court of Appeals in New York that reversed the Harvey Weinstein conviction—which was a harder case to reverse—wouldn’t reverse this conviction if it got up there,” Dershowitz said of the Trump case during a Fox News appearance on Tuesday following testimony from adult film star Stormy Daniels.
“I would certainly recommend to the prosecutors in this case that they study the Weinstein case very carefully, because it gives a roadmap to what you can’t do,” he added. “This prosecutor is just following the roadmap of what you can’t do.”
Weinstein’s 2020 rape conviction was overturned last month in a 4-3 majority decision by New York’s Court of Appeals, with the court ruling that the former Hollywood film producer had not received a fair trial in part because the judge made improper rulings that allowed testimony concerning allegations that were not pertinent to the case.
Michael M. Santiago; Mario Tama
Dershowitz, a Harvard Law School professor emeritus who served on Trump’s legal team during his first impeachment, told Newsweek over the phone on Wednesday that “the thrust of the Weinstein reversal was that the trial court allowed too much evidence that was more prejudicial than it was probative,” while arguing that “the same thing is happening” at the Trump trial.
Tuesday’s testimony from Daniels—one of two women who allegedly received hush-money payments in 2016 that prosecutors say Trump tried to conceal by illegally falsifying business records—included salacious remarks concerning her alleged affair with Trump, details that Dershowitz argues are irrelevant to the…
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