Donald Trump is not behaving like someone who expects to be found "not guilty." In a series of posts over the Memorial Day weekend, the former president deviated from the norm of honoring soldiers who fought and died for the United States by instead posting on his website, Truth Social, about how unfair it is that standard courtroom procedures are not being bent in his favor.
Posting in all caps, Trump – facing 34 felony counts of falsifying business records to cover up a hush payment to an adult film star – on Monday raged against the order in which closing arguments will be made in his Manhattan trial. It is a "big advantage," he said, and "very unfair" that the prosecution gets to go second. "Why can't the defense go last?"
Whether he knows this and is just riling up gullible followers or if he simply never retained the information his defense counsel could surely provide, Politico's Kyle Cheney noted that Trump is here complaining about a fact of life "in virtually every criminal court." Per Cheney, "Prosecutors typically get a rebuttal during closings because [the] burden or proof lies with them, not [the] defense."
Trump, then, is complaining about an order that exists because of the far higher standard that prosecutors must meet. The defense only needs to sow doubt about the government's case, and it really only needs one juror to entertain the former president's argument that the case is a "witch hunt"; the prosecution must show that its case is not just probable, but prove it beyond a reasonable doubt.
"Trump is finally being treated like every other defendant," said Joyce Vance, a former U.S. attorney who has been following his hush money trial. "[R]eally," she argued, "that's what he objects to."
https://www.salon.com/2024/05/28/full-panic-mode-experts-say-mad-hes-finally-being-treated-like-any-other-defendant/ 