Weinstein Conviction Reversal Highlights Potential Issue for Trump Trial: Focus on Primary Charges or Risk Overturned Verdict?

The recent reversal of Harvey Weinstein’s sex crimes conviction by New York’s highest court highlights a connection between his case and that of former President Donald Trump, who is currently facing 34 felony counts related to falsifying business records in an attempt to cover up alleged efforts to interfere with the 2016 election. In both cases, judges allowed prosecutors to question defendants about unrelated misconduct during cross-examination, which could lead to convictions being overturned on appeal due to violations of a defendant’s right to testify in their own defense. The presiding judge in Trump’s trial has also granted such permission, but as the Weinstein case shows, this decision is problematic and should be reversed before it leads to similar issues for Trump. If Justice Merchan does not take action now, there is a strong possibility that any conviction against Trump could end up being overturned due to his right to testify in court being “chilled” by the potential for irrelevant questions during cross-examination. The strength of evidence presented at trial so far suggests that prosecutors have a solid case against Trump, but they should focus on presenting this evidence rather than deviating into unrelated areas of misconduct as it will ultimately serve to weaken their own arguments and harm any possible conviction’s integrity in the eyes of higher courts.