Thursday, January 11, 2024

Courtrooms Have Rules

Chris Kise is presenting his closing argument," she reported before adding, "For the first time we heard the judge stop him and correct him. It was over whether former president Trump is an industry expert. Kise reminded the court, as part of his closing argument — I'm reading notes -- that Trump is a, quote, 'industry expert.' He said Trump has been part of the fabric of commercial real estate in this state and around the world." 
"The judge stopped him and said, Trump has not been qualified as an expert; when you bring in an expert, they have to be qualified," she continued.
This is not a “technicality.”  Rules of evidence allow two kinds of witnesses: fact witnesses, and expert witnesses. The former can only present evidence relevant to the case, and only evidence for which they have first-hand knowledge. Expert witnesses can provide opinions in their field, but there first has to be evidence that they are qualified experts in that field.

Trump testified as a fact witness. He was never qualified as an expert witness. Kise is playing to an audience of one. And it’s a wasted performance. The judge is telling Kise not to waste the court’s time.

Trump is too dumb to understand that.

I just gotta add, Lisa Rubin is usually better than this:
The judge had warned that Trump would not be allowed to testify in his closing arguments or turn them into a campaign speech, but Rubin said the ex-president would likely turn the proceeding into a media spectacle anyway. 
"Nonetheless, he'll make very good use of the phalanx of cameras right outside that courthouse that the New York judges have permitted to exist. I think that, in retrospect, was a major mistake," Rubin said. "I'll be interested to see when [Manhattan district attorney] Alvin Bragg gets to try his case against the former president in criminal court down the street, perhaps in March, depending on whether judge Tanya Chutkan's case is allowed to go forward, whether those conditions will be allowed to exist down the street. I predict the answer will be no."
Trump is always the victim. Before we knew Engoron had entertained the idea of letting Trump argue his case, Trump was already setting up his victim response, because he already knew Engoron wasn’t going to let Trump run free in his courtroom. Just like Trump’s argument that this hearing should have been postponed so he could mourn with his wife: Trump has no credence, no integrity, and no credibility. He told FoxNews live on camera that he didn’t wish for a recession before November, even though he said that in front of a camera and it’s on tape. He will always insist he’s right and that he’s a victim. The trick is not to take away his excuses to whine. The trick is to recognize he’s a liar and a bully and nothing he says deserves the least consideration. He’d be doing this if Engoron had refused the request immediately.
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