Donald Trump's Legal Team May Blame Staffer as 'Fall Guy' in Hush Money Trial: Former Prosecutor
As Donald Trump's high-stakes criminal trial enters its third week, one legal expert predicted his defense team would try to shift blame onto a staff member for covering up hush money payments. Former federal prosecutor Neama Rahmani went on record and stated that Trump's attorneys would likely claim that the former president was unaware of the bookkeeping tricks used by an accountant to disguise the payoffs.
"They're going to blame the accountant," Rahmani said. "The accountant is going to be the fall guy." She expects Trump's lawyers to argue he had no involvement in falsely recording the $130,000 payment to Stormy Daniels as legal fees. "I think they're going to say that Trump had no involvement in booking these payments to Cohen as legal expenses," Rahmani said, referring to Trump's former fixer, Michael Cohen. "That that was something the accountant did," she added, as per Raw Story.
"They're going to blame the accountant," Rahmani said. "The accountant is going to be the fall guy."
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Specifically, Rahmani predicts Trump's lawyers will distance their client from payments to former fixer Michael Cohen that were listed as legal expenses.
Trump faces 34 felony counts of falsifying business records to conceal hush money paid to Daniels and former Playboy model Karen McDougal, who also allegedly had an affair with him. Prosecutors claim the coverup was an attempt to protect his 2016 presidential prospects. While Trump denies the affairs and wrongdoing, his attorney, Todd Blanche, acknowledged Daniels got $130,000 for signing a non-disclosure agreement. However, Blanche insisted the payments were unrelated reimbursements, conflicting with Trump's own past admissions.
Testimony from the Trump Organization's ex-controller, Jeff McConney, may undermine this defense. McConney said he was told to 'gross up' the $420,000 in checks to Cohen to account for tax liability, implying it was hush money reimbursement. Crucially, McConney testified the bulk came directly from Trump's personal funds. "I think what they're going to say is: Trump had nothing to do with them," Rahmani said. "Someone else created the records...the accountant is going to be the fall guy."
Despite past statements contradicting his current legal stance, Rahmani notes these cannot be used against Trump unless they were sworn declarations. However, in a 2018 Fox News interview, Trump said the payments didn't involve campaign funds and 'came from me,' which could undermine his defense, as per Salon.
An infamous audio recording of Trump and Cohen planning to 'open up a company' and pay $150,000 related to McDougal may be the 'most compelling evidence.' However, reasonable doubt could remain as Cohen told Trump, "I got it," possibly implying he acted alone. While ex-Trump aides like Hope Hicks provided helpful context, the circumstantial nature of much evidence gives Trump an opening, says Republican lawyer Chris Truax. Still, he finds the overall prosecution case stronger than expected.
With high stakes for Trump's political future, the defense's 'fall guy' strategy could likely remain a prime focus as more witnesses take the stand. Many have also taken note of Trump's apparent contempt for court orders banning comments on the case and jurors. "I don't know if Trump will ever conform his behavior," Rahmani stated. "Nothing leads me to believe he is willing to comply with his gag orders."
