‘Huge Problem’: Trial expert tells CNN: Insufficient evidence could acquit Trump even with Dem jury

Robert Hirschhorn, a jury consultant, stated on Monday on CNN that one of the biggest problems with the prosecution's case against former president Donald Trump is the absence of actual proof.

The expert claims that this problem could result in a "not guilty" conviction even if the jury is likely to be heavily Democratic due to the trial's location in Manhattan, as The Daily Caller reported.

On Monday, during defense cross-examination, former Trump Organization controller Jeffrey McConney said that Trump had never ordered him to fabricate paperwork.

Lack of Evidence

If the prosecution does not present more convincing evidence, even a Democratic jury is likely to acquit Trump, according to Hirschhorn.

He identified McConney is just one more witness who has failed to prove direct involvement by the former president.

“Cases are won and lost on cross-examination, not direct examination,” Hirschhorn told host Kaitlan Collins.

“And the fact that this witness said that he never had direction from Trump to falsify any records, that’s a huge problem for the prosecution’s case,” he added.

Witness Testimony

So far, witness testimony has failed to substantiate key elements of the prosecution's case.

Namely claims that Trump forged financial records pertaining to the $130,000 that porn star Stormy Daniels received from her ex-advisor Michael Cohen in exchange for her silence on allegations of a "sexual encounter."

Parties to the case have asserted that "conspiracy" to influence the 2016 election's outcome was involved in the payment.

“This is the only person the prosecution could have to talk about the accounting side, at least so far,” Hirschhorn said about McConney.

“He’s the highest one up so far from the Trump org side. He has not provided, Kaitlan, that crucial link between the crime and the defendant’s either knowledge about it or ordering that the documents be falsified.

"It’s a big problem, and I‘m telling you, if they don’t fix this problem, what you’re looking at is this kind of verdict, right here of a not guilty, even from a predominantly Democratic jury. They have to follow the evidence in the case. And if the state doesn’t link all this up, you‘re coming in with a not guilty.”