Trump has a history of making bold claims that he hadn’t backed up. I won’t say that there is no way he will testify, but I’d be surprised. I expect when the time comes he won’t actually do it.
He has shown in the past that he’s willing to stay off the stand or plead the fifth when advised to do so, so it’s not like his ego is too strong for him to contain himself.
There’s no consequence for claiming he’ll testify and then not doing it, so it makes sense that he’d want the best of both worlds, and play tough guy to his fans while not actually taking the risk of doing it.
He can always say after the fact, “I wanted to and they didn’t let me!” He pulled that stunt before too.
Given that my courtroom knowledge has been gleaned from the novels of Grisham, Connelly, and Turow, I don’t know the definitive answer to this question:
If a defendant wants to take the stand, can his attorney prevent him from doing so?
I’d take the gloves off and destroy him on the stand. I’d make sure the jury hears every lie that comes out of his mouth, and give them the whys and wherefores as to exactly why they are lies, and make them understand that he’s convicted himself.
But then, I’m not a lawyer. I’d probably get smacked down for badgering the witness or something.
IANAL, but I seem to recall attorneys pointing out that no, the lawyer could not prevent the defendant from testifying. It was based on the principle that the client is the boss in that relationship (though smart defendants follow their lawyer’s advice).
Of course the attorney isn’t going to violate ethics or something like that at the client’s behest. But for procedural decisions like “should I accept this plea deal” or “should I take the stand,” it’s the client’s decision.
Right. One of the many things you learn at law school is that in a lawyer-client relationship, it’s the client who makes the final decision. What the lawyer does do is to lay out all the options that the client has, and the pros and cons of each. Of course, the lawyer can recommend (sometimes strongly) a course of action, but in the end, it’s the client who makes the final decision.
So if Mr. Trump wanted to take the stand, then no matter how much his lawyer recommended against it, he could.
No. A defendant has an absolute right to testify if they wish. Even if the laywer thinks his client is going to perjure himself, he’s allowed to testify. (although the lawyer is not required to ask questions if he thinks the answers will be lies.)
In our courts the judge specifically tells the defendant about their absolute right to testify before they rest their case (this does not take place in front of the jury)
I don’t think Trump will take the stand. He may be unable to shut up, but he has learned not to accept or answer questions from anyone hostile to him. He gives interviews only to fawning sycophants who won’t question his obvious lies or press him if he doesn’t answer the question. He won’t debate. He won’t go up against political rivals, even Republicans, who would easily demolish him. He gives a press conference, where he makes an announcement then says “thank you” and walks out without taking questions. There is no way on Earth he will agree to be questioned by a lawyer.
Of course he won’t. He never would.
He lies, and lies, and lies. When he says that he’ll take the stand and be proud to testify… just another dumb lie. Let’s never forget who we’re talking about here.
IANAL either, but if a lawyer knows to a reasonable certainty that his client is going perjure himself on the stand, is that lawyer obligated to immediately resign as his counsel? AFAIK, the lawyer is not allowed to present any evidence (including his client’s testimony) that he knows to be false.
I think a lawyer could reasonably say “I TOLD him not to lie. Repeatedly. I TOLD him the consequences for lying. Repeatedly. I knew he is an idiot, but come on!”
