Trump’s Latest Legal Gripe About Prosecution’s ‘Big Advantage’ Is Standard Criminal Trial Practice

In a recent tirade against the prosecution in his hush money trial, former president Donald Trump challenged a rather normal operating procedure. Just before the state's final arguments, the presumptive Republican nominee took to his Truth Social handle to assert that the prosecution has a 'big advantage' over him since they would follow his legal team's closing arguments, having the final say in a way, as per HuffPost.

“Why is the corrupt government allowed to make the final argument in the case against me?” the GOP presidential candidate asked. “Why can’t the defense go last? A big advantage, very unfair. Witch hunt!” he asserted. Trump was ranting about standard New York courtroom procedure, where the defense goes first in closing arguments. 

Independent reports that the closing arguments were the state's last opportunity to establish beyond any reasonable doubt that Trump intended to fabricate financial documents. Defense lawyers needed to only persuade one juror that the prosecution had not proven Trump's guilt beyond a reasonable doubt. It is not required to provide any evidence or persuade the jury of Trump's innocence.

Following five weeks of witness testimony, cross-examinations, evidence presentations, and intense drama in the courtroom, jurors slogged through eight hours of closing arguments on Tuesday, May 28. Prosecutor Joshua Steinglass presented the closing arguments for the Manhattan District Attorney's office. "The name of the game was concealment, and all roads lead inescapably to the man who benefited most, the defendant, a man named Donald J. Trump," Steinglass argued. The jury now bears the responsibility of rendering one of the most significant decisions in American history.

In New York, fabricating company documents may be considered a lesser misdemeanor, but due to an alleged second crime—an unlawful attempt to influence the 2016 election—Trump is charged with a more serious felony, as per BBC. The prosecution has made wide accusations that this case involves tax fraud and breached both federal and state election laws.

Until Justice Juan Merchan sets a sentencing hearing, Trump will leave the court as a free man even if the verdict is guilty. When determining Trump's sentence, the judge will take into account several criteria, such as his age, his history of breaking gag orders, and his lack of prior convictions. A fine, probation or monitoring, or even jail time might be part of the sentencing.

A guilty decision might have a big impact on November's presidential race. According to a study conducted earlier this year by Bloomberg and Morning Consult, 53% of voters in crucial swing states said they would not support the Republican if he was proven guilty. This month, a different Quinnipiac University survey revealed that 6% of Trump supporters would be less inclined to support him, which is significant in such a close contest.