The View's Sunny Hostin, a former federal prosecutor, warned former First Lady Melania Trump testifying in her husband's alleged "hush money" trial could create reasonable doubt for the jury.
Former President Donald Trump currently faces 34 felony charges ranging from falsifying business records to concealing an alleged $130,000 "hush money" payment to adult film actress Stormy Daniels during his 2016 presidential run. Judge Juan M. Merchan, who is overseeing the trial, issued a gag-order for the former president in late-March and later ordered Trump's mandatory attendance throughout the duration of the trial upon its Monday commencement.
Hostin previously referred to the trial as a "legal nerd's Super Bowl."
"New York has this marital communications law," Hostin said of the state's spousal privilege law which prevents someone from being compelled to testify against their spouse. "He would have to waive that privilege for her to testify, and I don't think he would do that."
"I don't think he wants to put her through that. I don't think she wants to go through that," she continued, adding she believed it would be a "gamble" for prosecution to call on her testimony.
"If she says on the witness stand you know, 'He told me the affair was not true, and I believe him,'" she continued. "You're gonna have at least one juror on that jury say, 'Well if she doesn't care, why should I?'"
Hostin reiterated she didn't believe Trump would waive his spousal privilege to allow Melania to testify.
Fellow co-host Alyssa Farah-Griffin noted former First Lady Melania was not directly related to the charges brought against Trump.
"The affair is part of it, but it's not a crime that he had an affair, whether he did or didn't," she said.
Farah-Griffin said the case would come down to a "money trail" for Trump's alleged falsified business records and "hush money" payment to Daniels via Cohen, adding Melania's testimony would likely "backfire" on the prosecution.
"She's never broken with him on major issues," she continued, noting the former first lady had stood behind Trump on other controversies including the Capitol riot on Jan. 6, 2021, and was currently campaigning with him.
About 50 of the 96 prospective jurors were excused from Trump's trial after saying they could not be fair and impartial by Monday afternoon.
Trump later commented on Merchan's demand that the former president appear in person every day of his trial.
"Looks like the judge will not let me go to the graduation of my son, who has worked very, very hard," Trump said of his son Barron.
Some have suggested Trump defy Merchan's orders and attend his son's graduation in an effort to connect with voters who have children.
