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Donald Trump would have a better chance of being cleared in his hush money trial if he had allowed his lawyers to pursue better lines of defense, according to a legal expert.

Former federal prosecutor Renato Mariotti suggested on CNN that the former president would not permit his legal team to pursue a "winning" strategy in his falsifying business records case, which may have harmed his hopes of the jury returning a not guilty verdict.

Instead, Trump's lawyers focused on attacking star witnesses like Trump's former lawyer Michael Cohen and adult film star Stormy Daniels, or denying other factors of the case such as the alleged affair between the Republican and Daniels.

Mariotti made the remarks ahead of closing arguments taking place at the hush money trial in New York on Tuesday. Trump has pleaded not guilty to 34 felony counts of falsifying business records in relation to $130,000 Cohen paid to Daniels so she would keep claims of her alleged sexual encounter with Trump a secret ahead of the 2016 Election. The money was listed in Trump's company records as Cohen's "legal fees," which prosecutors say was part of an unlawful attempt to influence the outcome of the 2016 presidential race. Trump also denies an affair with Daniels.

"Realistically this was a case that could have been winnable by the defense if they pursued a different strategy, if they focused on the areas where Michael Cohen was not as corroborated," Mariotti said.

"The defense really haven't had a focused presentation. They haven't tried to focus the jury on the issues...they've really been all over the place, scorched earth, attacking not just Michael Cohen but Stormy Daniels, contesting everything. The fact of an encounter in a hotel room, the fact of the hush money payments and so on."

Mariotto added that he believes the defense will continue this "scorched earth attack" approach in their closing arguments.

"And if that's the case, I do think there's going to be a conviction here," he said. "Really, there needs to be an entirely different approach and I'm not sure that Donald Trump is willing to let his defense attorneys pursue a strategy that has a chance of winning in this case."

Trump's legal team has been contacted for comment via email.

Elsewhere, Norm Eisen, who served as a special counsel to the House Judiciary Committee during the former president's first impeachment, suggested that the falsifying business records case is "winnable" for the prosecution, but it is still not a "slam dunk."

Eisen told CNN that Trump and his lawyers will be hoping for a hung jury—where jurors cannot agree on a verdict after deliberations—to avoid a historic conviction of the former president.

"I think the odds of conviction are somewhere upwards of 80 percent," Eisen said. "The defense, in part because of this scattershot approach, is not really gunning for an acquittal. That's out of reach here.

"What they're hoping for is one angry juror, that there's one juror who either feels sympathy for Trump or just for whatever reason does not follow the evidence and the law," Eisen added. "The holdout, that's what they're trying for, just one."

After closing arguments at the New York on Tuesday Judge Juan Merchan, who is overseeing the proceedings, is expected to then provide jury instructions—which are handed down to ensure jurors understand the charges and laws connected to the case—before sending the jury to deliberate.

Experts have suggested the context of these instructions could be crucial as to whether Trump becomes the first current or former U.S. president in history to be convicted of a crime.

Uncommon Knowledge

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

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