With serious obstacles in his path, Donald Trump is likely to lose his criminal case in New York, which is based on 34 counts of falsifying business records

 

Donald V. Watkins (right) and Richard Scrushy

A longtime Alabama attorney, who holds the record for winning the most felony counts in a single-defendant case, says former President Donald Trump likely will lose his criminal case in New York state court.

Donald V. Watkins has used his legal and investigative skills to break numerous stories in the unfolding Southern Company accounting-fraud matter, which has been covered almost exclusively by non-traditional, online reporters (including K.B. Forbes at banbalch.com and yours truly here at Legal Schnauzer). Watkins is retired as a lawyer, but he has developed a powerful voice as an online journalist at his Web site, DonaldWatkins.com, using that platform to help expose apparent wrongdoing at Southern Company, the second largest utility company in the United States.

As for Trump, Watkins says the former president has a lot going against him in New York. Under the headline "Trump Will Likely Lose New York Criminal Case," Watkins writes:

Many readers have asked for my opinion about the likely outcome of the New York state criminal case against Donald Trump. I currently hold the record in American jurisprudence for winning the most felony counts (85) in a single-defendant case, U.S. v. Richard Scrushy (2003-2005). No white-collar criminal defendant before or since Richard Scrushy has defeated 85 felony charges in an individual case.

Donald Trump is facing 34 felony counts of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal Law §175.10. He has entered a plea of NOT GUILTY.

At this juncture, Trump is presumed to be INNOCENT of all 34 felony charges.

While Trump is innocent at the moment, proving his innocence over the long haul will be difficult, Watkins states:

. . . Donald Trump will likely lose this criminal case for the following reasons:

1. This is a criminal case that relies heavily on documents to prove.

2. The documents exist to prove the 34 felonies cited in the Indictment.

3. The witnesses required to prove Trump’s intent to violate the law on each count already exist, and they have testified before the grand jury that indicted him.

4. Other documents likely exist to corroborate that Trump intended to falsify the business records listed in the Indictment.

5. Trump, himself, will NOT take the witness stand.

6. Trump is represented by the WRONG kind of criminal lawyers who are executing the WRONG kind of defensive strategy in the WRONG way in a venue where Trump is NOT popular.

7. The prosecution team only needs to win on ONE criminal count, while Trump must win all THIRTY-FOUR counts.

8. If Trump continues to attack Trial Judge Juan Merchan, his wife and daughter, and District Attorney Alvin Bragg and/or members of Bragg's staff in the media, and one of these individuals gets hurt or killed by a Trump “patriot,” Trump's bond will be revoked immediately, and he will be jailed pending his trial.

Donald Trump’s New York criminal case is serious business, and should be treated as such. A guilty plea is out of the question.

To win on 34 felony charges, Trump's legal team must: (a) exhibit incredible focus and discipline, (b) possess exceptional trial skills in highly complex criminal cases, (c) prepare a very concise, simple, and easy to understand theme of the case for the defense, and (d) perfectly execute about 3,000 discreet and carefully calculated legal moves in a sequential order.

None of this exists within Trump’s legal camp today.