The best thing about his presidency was his total incompetence in getting what he wanted. Imagine what would happen if Steve Bannon or Steven Miller were more than just the puppetmasters…
Damn, she must have crumbled when Trump’s lawyers brought that up when cross-examining her. As far as the jury is concerned, that would be game over for the prosecution.
The Appellate Court likes to see that judges gradually escalate through the options, not just go straight for the harshest one available. It’s likely Marchan (and the prosecution) want to make this case as appeal-proof as possible.