'REAL PROBLEM': Ex-federal prosecutor warns 'we're deep in a lawfare system'

Fox Business
29 May 202411:00

Summary

TLDRThe video script discusses the resumption of former President Trump's trial in New York, with Judge Merchan instructing the jury on deliberation procedures. The trial's outcome could range from a quick acquittal to a lengthy hung jury situation. The conversation highlights the prosecution's failure to prove the crime's basic elements and the defense's strategy focusing on Michael Cohen's credibility. There's also concern about the political bias of the judicial process and the potential implications of the trial's result on the upcoming election. The panelists express their views on the judge's instructions, the possibility of a mistrial, and the broader issues of 'lawfare' and political attacks.

Takeaways

  • 🕵️ Former Federal Prosecutor Andrew Cherkaskey believes that the prosecution failed to prove the basic elements of the crime, specifically the incorrect entry into the business records of legal expenses.
  • 🏛 Judge Merchan is expected to give instructions to the jury, which could influence the outcome of the trial significantly.
  • 🕒 The deliberations could last from a few hours to a few weeks, indicating the complexity and importance of the case.
  • 📣 Trump's attorney is focusing on discrediting Michael Cohen, calling him the 'greatest liar of all time', to counter the prosecution's case.
  • 🗣️ The prosecution argues that Stormy Daniels' testimony is crucial as it illustrates the motive for the alleged crime.
  • 🤔 There's a possibility of a hung jury, which could lead to a mistrial and potentially a retrial before the November election.
  • 🚫 Judge Merchan is accused by some of not allowing certain instructions to the jury, such as clarifying that hush money payments are not illegal.
  • 🔍 There are concerns about the selection of judges in the New York judicial process, with suspicions that it may not be random or independent.
  • 📢 The White House has already indicated plans for attacks on Trump if he is acquitted, which could influence public perception and potentially the jury.
  • 👥 The discussion highlights the presence of political bias and the impact it could have on the trial's outcome.
  • 📉 The case and the surrounding controversy could potentially damage faith in the New York State judicial system and deter businesses.

Q & A

  • When is the New York trial of former President Trump scheduled to resume?

    -The trial resumes at 10:00 A.M. Eastern time.

  • How long is expected for the jury instructions by Judge Merchan?

    -The jury instructions should take about an hour.

  • What is the duration of the deliberations on the first day?

    -Deliberations will begin and last until 4:30 P.M. today.

  • How long could the deliberations potentially last?

    -Deliberations could last from a few hours to a few weeks.

  • What is the main argument from Trump's attorney regarding Michael Cohen's testimony?

    -Trump's attorney is attacking Cohen's credibility, calling him the greatest liar of all time.

  • What does the prosecution argue about Stormy Daniels' testimony?

    -The prosecution argues that Daniels' testimony illustrates the motive for the crime.

  • What is Andrew Cherkasky's opinion on the prosecution's case?

    -Andrew Cherkasky believes the prosecution failed to prove some of the basic elements of the crime, specifically the incorrect entry into the business records of legal expenses.

  • What does Cherkasky suggest could be a possible outcome of the trial?

    -Cherkasky suggests a hung jury could be a possible outcome, which would be interesting to observe.

  • What would happen if there is a hung jury?

    -If there is a hung jury, the DA's office would have the option to retry Trump, and it is likely they would do so.

  • What is the concern regarding the judge's instructions to the jury?

    -The concern is that the judge's instructions could lead to confusion and potential legal gymnastics, which could be ripe for appeal.

  • What is the controversy surrounding Judge Merchan's handling of the case?

    -There is controversy because Judge Merchan has previously overseen cases related to Trump's circle, leading to questions about the randomness and impartiality of his selection.

  • What is the implication if Trump is convicted before the election?

    -If Trump is convicted before the election, there would be a conviction hanging over him, potentially influencing the election outcome, and it might not be overturned until after the election.

  • What is the potential impact on business in New York due to the political climate?

    -The implication is that businesses may perceive New York as a precarious place to operate, especially if they bring politics to the table that could impact how they are investigated and potentially prosecuted.

  • What is the concern about the White House's statement regarding planning attacks on Trump if he is acquitted?

    -The concern is that such a statement could influence the jury's decision, as jurors may fear retaliation if they vote to acquit Trump.

Outlines

00:00

🕵️‍♂️ Trump's New York Trial Deliberations and Legal Analysis

The discussion revolves around the resumption of former President Trump's trial in New York, with Judge Merchan providing instructions to the jury. The deliberations are expected to be lengthy, possibly extending from hours to weeks. Trump's attorney is criticized for attacking Cohen's credibility, while the prosecution emphasizes Daniels' testimony as a motive for the alleged crime. Andrew Cherkasky, a former federal prosecutor, believes the prosecution has failed to prove the basic elements of the crime, particularly the incorrect entry into business records. He suggests that the jury has been given enough to acquit Trump but acknowledges the unpredictability of a 'blue jury' in New York. The conversation also touches on the possibility of a hung jury and the implications of a retrial before the November election. Concerns are raised about the fairness of the judicial process and the potential political motivations behind the case.

05:02

📜 Legal Debate on Trump's Case and Jury Instructions

This segment delves into the complexities of Trump's legal case, focusing on the judge's instructions to the jury, which are deemed critical. The panelists express concern over the judge's refusal to clarify certain legal aspects, such as the nature of hush money payments and the potential for a non-unanimous verdict on the secondary offense. The discussion highlights the confusion surrounding the alleged crime and the secrecy of the second offense. There is also mention of Judge Merchan's reprimand of Trump's lawyer during closing arguments and the subsequent misconduct complaint filed against the judge by Elise Stefanik. The conversation suggests that the judicial process may be influenced by political bias and that the outcome of the trial could be used for political leverage, indicating a 'lawfare' system at play.

10:03

🏛️ Political Implications and Public Reaction to Trump's Trial

The final paragraph discusses the potential reactions to the trial's verdict and the political implications it may carry. It contemplates the scenarios of an acquittal, conviction, or a hung jury, and how each could be manipulated for political gain. The Biden administration's potential responses are hypothesized, with concerns about further distortion of justice and the perpetuation of a 'lawfare' system. The conversation underscores the depth of the issue, suggesting that the trial is not just a legal matter but also a reflection of the broader political climate and its impact on the judiciary.

Mindmap

Keywords

💡Deliberations

Deliberations refer to the process where a jury carefully considers the evidence presented during a trial to reach a verdict. In the context of the video, deliberations are a crucial part of the trial of former President Trump, as they determine whether he is found guilty or not guilty. The script mentions that deliberations could last from a few hours to a few weeks, indicating the significance and potential complexity of the case.

💡Acquittal

Acquittal is a legal term used when a defendant is found not guilty and is thus released from criminal charges. In the video's narrative, the possibility of an acquittal for Trump is discussed, with the defense arguing that the prosecution has not met the necessary burden of proof, particularly regarding the recording of legal expenses.

💡Prosecution

The prosecution in a legal context refers to the team of lawyers representing the government in a criminal case and who are responsible for presenting the case against the defendant. In the video, the prosecution is defending the importance of Stormy Daniels' testimony to illustrate the motive for the alleged crime, indicating their role in building a case against Trump.

💡Defense

The defense is the legal team representing the accused in a criminal case, working to refute the prosecution's arguments and establish the defendant's innocence. In the script, Trump's attorney is described as attacking Michael Cohen's credibility, which is a strategy to counter the prosecution's case and secure an acquittal for their client.

💡Business Records

Business records are official documents that a company maintains, typically for financial or legal purposes. In the video, a key point of contention is whether the entry into the business records of legal expenses was done incorrectly, which is a fundamental element of the alleged crime against Trump.

💡Legal Expense

A legal expense is a cost incurred by an individual or company for legal services, such as hiring a lawyer or settling a lawsuit. The script discusses the prosecution's argument that booking a legal expense was not done correctly, which is central to the case against Trump.

💡Credibility

Credibility refers to the quality of being trustworthy or reliable, particularly in regards to a person's testimony or statement. The video script highlights the defense's strategy to undermine Michael Cohen's credibility by calling him 'the greatest liar of all time,' which is an attempt to weaken the prosecution's case.

💡Hush Money

Hush money is a term used for payments made to silence someone, often to prevent them from revealing damaging information. The script discusses the legality and context of hush money payments, which are central to the allegations against Trump, with the defense arguing that such payments are not inherently illegal.

💡Jury Instructions

Jury instructions are the directions given by the judge to the jury outlining how they should consider the evidence and apply the law to reach a verdict. The video emphasizes the importance of these instructions, as they guide the jury's decision-making process and can significantly influence the outcome of the trial.

💡Misdemeanor

A misdemeanor is a criminal offense that is less serious than a felony and is punishable by a fine and/or county jail time. The script mentions a misdemeanor in the context of the charges against Trump, indicating the level of the alleged crime.

💡Political Process

A political process refers to actions or procedures that are influenced by political motivations or considerations. The video script suggests that the trial of Trump is perceived by some as a political process, with implications that it may be driven by motivations beyond the legal merits of the case.

Highlights

Former President Trump's New York trial resumes with Judge Merchan giving instructions to the jury, which should take about an hour.

Deliberations in the trial could last from a few hours to a few weeks, indicating the complexity of the case.

Trump's attorney is spending the image out of closing, attacking Cohen's credibility, calling him the 'greatest liar of all time'.

The prosecution defended the importance of Daniels' testimony, saying it illustrated the motive for the crime.

Andrew Cherkassky, a former federal prosecutor, believes the jury has everything they need to reach an acquittal.

The prosecution failed to prove some of the basic elements of the crime, specifically the entry into the business records of legal expenses being incorrect.

The possibility of a hung jury is considered interesting, as it could be a victory for Trump, though it would lead to a mistrial.

The DA's office would likely retry Trump if a hung jury occurs, potentially before the November election.

The legal gymnastics in the case, including the judge's refusal to clarify the second offense, are ripe for appeal.

The jury instructions given by Judge Merchan are considered central to some of the problems in the legal system, including the refusal to allow the jury to know that hush money payments are not illegal.

There are concerns about the impartiality and independence of the New York judicial process, with suggestions of political influence on the selection of judges.

The White House has indicated plans for attacks on Trump if he gets acquitted, which is considered outrageous given the jury's promise to be fair.

The potential for a mistrial and the possibility of the case being re-tried are significant, especially if a hung jury occurs.

The discussion highlights the deep issues within the New York judicial process and the potential for political influence on legal outcomes.

The transcript reflects a high level of concern and discussion about the fairness and justice of the legal process, particularly in relation to Trump's case.

Transcripts

00:03

MARIA: WELCOME BACK.

00:04

FORMER PRESIDENT TRUMP'S' NEW

00:05

YORK TRIAL RESUMES TODAY AT

00:07

10:00 A.M. EASTERN.

00:08

JUDGE MERCHAN WILL GIVE

00:10

INSTRUCTIONS TO THE JURY WHICH

00:11

SHOULD TAKE ABOUT AN A HOUR.

00:12

THEY'LL BEGIN DELIBERATING UNTIL

00:16

4:30 P.M. TODAY AND WILL

00:18

CONTINUE TOMORROW.

00:19

DELIBERATIONS COULD LAST FROM A

00:20

FEW HOURS TO A FEW WEEKS.

00:23

TRUMP'S ATTORNEY SPENDING THE

00:24

IMAGE OUT OF CLOSING

00:26

ARRESTINGMENTS ATTACKING COHEN'S

00:28

CREDIBILITY, CALLING HIM THE

00:30

GLOAT, THE GREATEST LIAR OF ALL

00:36

TIME.

00:37

THE PROSECUTION DEFENDED THE

00:38

IMPORTANCE OF DANIELS' TESTIMONY

00:40

SAYING IT ILLUSTRATED THE MOTIVE

00:45

FOR THE CRIME.

00:46

JOINING ME IS ANDREW CHERKASKY,

00:48

A FORMER FEDERAL PROSECUTOR,

00:50

THANK YOU SO MUCH FOR BEING HERE

00:51

THIS MORNING.

00:51

>> THANK YOU.

00:52

MARIA: TELL US WHAT YOU GLEANED

00:53

FROM ALL A OF THIS, WHAT'S MOST

00:55

IMPORTANT, WHAT SHOULD WE BE

00:56

AWARE OF?

00:57

>> I THINK TODD BLANCHE GAVE THE

01:00

JURY EVERYTHING THEY NEED IN

01:01

ORDER TO REACH AN ACQUITTAL,

01:03

REACH A VERDICT OF NOT GUILTY IN

01:05

THE CASE AND I THINK THAT'S VERY

01:06

JUSTIFIED UNDER THE

01:07

CIRCUMSTANCES.

01:08

THE PROSECUTION FAILED ENTIRELY

01:09

TO PROVE SOME OF THE BASIC

01:11

ELEMENTS OF THE CRIME HERE,

01:12

SPECIFICALLY THAT THE ENTRY INTO

01:14

THE BUSINESS RECORDS OF LEGAL

01:16

EXPENSES WAS INCORRECT.

01:18

NOT EVEN A QUESTION OF WHETHER

01:19

DONALD TRUMP HAD A CRIMINAL

01:21

INTENT IN MIND BUT WHETHER THAT

01:23

SHOULD HAVE BEEN ANYTHING ELSE

01:24

AND BEING ON FOX BUSINESS I

01:25

THINK THAT MOST BUSINESS PEOPLE

01:27

KNOW YOU BOOK YOUR EXPENSES.

01:30

WHY WOULDN'T YOU BOOK AN EXPENSE

01:31

TO A LAWYER AS A LEGAL EXPENSE.

01:34

IF THEY CAN'T GET OVER THAT

01:36

HURDLE THEY DON'T HAVE A

01:37

CONVICTION SO I THINK THEY'RE

01:38

SET UP FOR AN YOU AQUITAL BUT

01:40

IT'S -- AN YOU ACQUITTAL.

01:42

BUT IT'S NEW YORK.

01:42

IT'S A BLUE JURY.

01:43

THEY COULD HAVE HOLDOUTS.

01:45

THIS COULD GO ANY DIRECTION.

01:46

I THINK THE MOST INTERESTING

01:47

THING THAT COULD HAPPEN IS A

01:48

HUNG JURY AND WHAT WOULD HAPPEN

01:49

AFTER THAT.

01:50

MARIA: YEAH, A HUNG JURY THOSE

01:51

BE A VICTORY FOR TRUMP EVEN

01:53

THOUGH THEY'LL HAVE TO DO A

01:54

MISTRIAL, RIGHT?

01:56

YOU.

01:57

>> YOU THINK OF IT AS BEING A

01:59

VICTORY FOR TRUMP BUT THEN THE

02:01

DA'S OFFICE WOULD HAVE THE

02:02

OPTION OF RETRYING HIM AND THEY

02:04

LIKELY WOULD.

02:05

ALVIN BRAGG ISN'T LIKELY TO PULL

02:06

BACK.

02:06

MARIA: NO, HE'S NOT.

02:07

>> AT THIS POINT.

02:08

SO THEN IF IT'S A RETRIAL, THEY

02:09

CAN GO BACK TO TRIAL ALMOST

02:11

IMMEDIATELY AND I THINK JUDGE

02:13

MERCHAN COULD ORDER THIS BACK TO

02:15

TRIAL AHEAD OF THE NOVEMBER

02:17

ELECTION AND SO WE COULD BE

02:18

GOING THROUGH THIS ALL OVER

02:19

AGAIN BECAUSE THEY DON'T HAVE TO

02:21

DO NEW DISCOVERY, NEW MOTIONS,

02:24

ANYTHING LIKE THAT.

02:25

THEY COULD BE BACK AT TRIAL

02:26

DOING THIS ALL OVER BEFORE THE

02:28

ELECTION IF IT'S A HUNG JURY SO

02:29

I DON'T KNOW IF THAT'S THE BEST

02:30

OUTCOME FOR.

02:33

MARIA: SO IT'S EITHER A HUNG

02:35

JURY OR OF UNANIMOUS GUILTY OR

02:36

NOT GUILTY.

02:37

>> THAT'S RIGHT.

02:38

MARIA: WHAT DO YOU THINK, MIKE.

02:40

>> YOU WORKED AT THE JUSTICE

02:42

DEPARTMENT.

02:42

HAVE YOU SEEN ANYBODY THAT'S

02:43

LIKE THE NUMBER TWO, THREE OR

02:45

FOUR LEAVE THAT POLITICAL

02:47

APPOINTEE POST TO BECOME A LIVE

02:50

PROSECUTOR IN THE CITY?

02:52

>> THIS LOOKS LIKE A PLANT.

02:53

YOU SEE FROM TIME TO TIME

02:55

CERTAIN PEOPLE COME IN AND OUT

02:56

OF THE JUSTICE DEPARTMENT AND

02:57

THEY GO TO KIND OF A SPECIALIZED

02:59

JOB OR MORE SPECIALIZED JOB

03:00

WITHIN THE GOVERNMENT SOMEWHERE

03:02

YOU USUALLY GO FROM THE STATE.

03:04

BUT THE IDEA THAT CO-ANGELO

03:07

ISN'T PART OF THE GREATER BIDEN

03:10

CONSPIRACY TO TAKE DOWN DONALD

03:11

TRUMP, THAT'S PREPOSTEROUS.

03:13

HE'S AT THE CENTER OF IT.

03:14

FOR JUDGE MERCHAN TO HAVE GAGGED

03:17

DONALD TRUMP ON COANGELO

03:21

SPECIFICALLY, HE'S A POLITICAL

03:22

PLAYER AT THIS POINT.

03:22

I FIND THAT TO BE OUTRAY JUST.

03:27

OUTRAGEOUS.MARIA: YOU SAID THEL

03:30

INSTRUCTIONS THE JUDGE GIVES TO

03:31

THE JURY IS THE MOST IMPORTANT

03:32

THING THAT HAPPENS.

03:33

>> THAT'S RIGHT.

03:33

THE JUDGE IS TELLING THE JURY

03:34

HOW TO APPLY THE FACTS TO THE

03:36

LAW, WHAT THE BIG DECISIONS ARE.

03:37

SO WHEN YOU TAKE THE LAW IN THIS

03:38

CASE AND YOU LOOK AT SOME OF THE

03:40

CONFUSION THAT'S BEEN THERE AND

03:41

WE'VE ALL BEEN COMPLAINING ABOUT

03:42

IT SINCE THE BEGINNING,

03:44

COMMENTATORS ON THE LEFT AND

03:45

RIGHT.

03:45

WE DON'T UNDERSTAND WHAT THE

03:46

CRIME IS, NOT ONLY DO WE NOT

03:48

UNDERSTAND KIND OF THE BASIC

03:49

IDEA OF WHY THEY THINK THE

03:52

MISDEMEANOR IS THERE BUT THEY

03:54

HAVE TO HAVE AN ELEVATING SECOND

03:55

OFFENSE AND THE SECOND OFFENSE

03:57

HAS BEEN KEPT A SECRET THE WHOLE

03:59

TIME.

04:00

THE DEFENSE DEMANDED FURTHER

04:01

CLARITY ON THAT.

04:02

THEY REFUSED TO GIVE IT.

04:03

THE JUDGE HASN'T REQUIRED IT.

04:05

AS THEY GET INTO THE

04:06

INSTRUCTIONS THE JUDGE IS

04:08

INSTRUCTED THE MEMBERS THEY

04:09

DON'T HAVE TO HAVE A UNANIMOUS

04:11

VERDICT AS TO THEIR THEORY AS TO

04:14

THE SECONDARY OFFENSE AND SO WE

04:15

REALLY HAVE SOME OUTRAGEOUS KIND

04:18

OF LEGAL GYMNASTICS GOING ON,

04:19

ALL OF WHICH WOULD BE RIPE FOR

04:21

APPEAL AND I THINK VERY STRONG

04:22

APPEALS BUT IF HE'S CONVICTED I

04:25

DON'T SEE ANY WAY GETS TO THE

04:27

APPELLATE COURT BEFORE THE

04:28

ELECTION SO THERE WOULD BE A

04:29

CONVICTION HANGING OVER HIM,

04:31

MAYBE OVERTURNED AFTER HE

04:33

BECOMES THE NEXT PRESIDENT OR

04:34

LOSES THE ELECTION, POTENTIALLY

04:37

BECAUSE OF THIS VERDICT.

04:38

THE DEGREES OF UNFAIRNESS AND

04:40

INJUSTICE THAT ARE GOING ON I

04:41

THINK ARE REALLY TROUBLING AND

04:43

THOSE JURY INSTRUCTIONS ARE

04:45

CENTER TO SOME OF THE PROBLEMS

04:46

THAT WE HAVE HERE.

04:47

MARIA: THAT IS JUST

04:49

EXTRAORDINARY HE THAT THIS IS

04:50

TAKING PLACE RIGHT NOW.

04:51

HOW DO YOU SEE IT?

04:52

>> I HAVE TO AGREE WITH ANDREW.

04:55

I'M TERRIFIED ABOUT THE JURY

04:57

INSTRUCTIONS.

04:57

WHEN YOU LOOK AT THE CRUX OF

04:59

THIS, JUDGE MERCHAN REFUSES TO

05:02

LET THE JURY KNOW THAT HUSH

05:04

MONEY PAYMENTS ARE NOT ILLEGAL

05:06

THAT IS IMPORTANT.

05:06

WHAT IS HUSH MONEY.

05:08

THERE'S SETTLEMENT AGREEMENTS.

05:09

REPORTERS DO IT ALL THE TIME.

05:10

THEY WORKED ON THE CLINTON

05:12

CAMPAIGN.

05:13

THEY CATCHED AND KILLED MANY,

05:15

MANY STORIES AND THERE'S NOTHING

05:17

WRONG WITH THAT.

05:18

THERE'S NOTHING ILLEGAL WITH

05:19

THESE TYPE OF SETTLEMENT

05:20

AGREEMENTS BUT THE JUDGE IS

05:21

REFUSING TO ALLOW THAT

05:22

INSTRUCTION TO A JURY SO THERE'S

05:24

SO MUCH KAYE KAYE GLOSS THAT --

05:26

CHAOS IN THAT JURY ROOM.

05:29

I'M HOPING THAT DELIBERATIONS

05:30

ONLY TAKE A COUPLE HOURS.

05:31

THERE'S TWO LAWYERS.

05:32

I HAVE FULL FAITH THAT THEY CAN

05:34

WEAVE THROUGH SOME OF THE

05:35

INSTRUCTIONS AND SAY HERE'S THE

05:37

CRUX, BUSINESS RECORDS.

05:38

MARIA: THERE WERE PHI WORKS

05:39

THIS WEEK.

05:41

JUDGE MERCHAN REPRIMANDED

05:43

TRUMP'S LAWYER DURING CLOSING

05:45

ARGUMENTS YESTERDAY.

05:46

BLANCHE TOLD THE JURY THEY CAN'T

05:47

SEND SOMEONE TO PRISON BASED ON

05:49

THE WORDS OF MICHAEL COHEN.

05:51

MERCHAN CALLING THE STATEMENT

05:53

OUT RAY JUST, HIGHLY

05:54

INAPPROPRIATE BECAUSE JURORS ARE

05:55

NOT ALLOWED TO TAKE PUNISHMENT

05:56

INTO CONSIDERATION WHEN

05:58

DELIBERATING.

05:59

ELISE STEFANIK FILED A

06:02

MISCONDUCT COMPLAINT AGAINST

06:03

JUDGE MERCHAN INSISTING HIS

06:05

SELECTION TO HANDLE TRUMP'S CASE

06:07

IS NOT RANDOM, CALLING ON THE

06:10

INSPECTOR GENERAL TO

06:11

INVESTIGATE.

06:12

ANDREW, WHAT ARE YOUR THOUGHTS

06:13

ON THIS?

06:13

THIS IS THE SAME JUDGE THAT

06:15

OVERSAW STEVE BANNON AND OTHER

06:17

AREAS OF TRUMP'S WORLD.

06:18

I MEAN, WASN'T RANDOM THAT THEY

06:20

SELECTED HIM, WAS IT?

06:22

>> NO.

06:23

I THINK WE'VE GOT DEEP ISSUES IN

06:24

THE NEW YORK JUDICIAL PROCESS OF

06:26

GETTING JUDGES SELECTED.

06:28

HAS TO BE NEUTRAL AND

06:30

INDEPENDENT, THOSE BE RANDOM --

06:32

HAS TO BE RANDOM.

06:34

DOESN'T APPEAR TO BE THAT WAY.

06:35

HE TONES BE PUT ON TRUMP CASES

06:37

ONE AFTER ANOTHER.

06:38

SOUNDS LIKE THERE'S SOME

06:40

SHUFFLING AND POKER PLAYING

06:42

GOING ON WITHIN THE JUDICIARY TO

06:43

MAKE THAT HAPPEN SO I THINK THAT

06:45

INVESTIGATION IS VERY IMPORTANT

06:46

AND THEN YESTERDAY WHEN WE SAW

06:48

JUDGE MERCHAN KIND OF GO AFTER

06:50

TODD BLANCHE, CALLING HIS

06:53

ARGUMENT OUTRAGEOUS, THAT'S WAY

06:54

OVER THE TOP.

06:54

THAT'S AN EASY MISTAKE TO MAKE

06:56

AS A DEFENSE COUNSEL.

06:58

YOU CAN SAY BE VERY CAREFUL

06:59

BEFORE YOU TAKE AWAY HIS FREEDOM

07:01

AND LIBERTY AND SO TO SAY JAIL,

07:03

TO KIND OF WORK THAT IN THERE, I

07:05

THINK IT'S A VERY GENERAL

07:07

GENERIC REFERRING TO THE IDEA OF

07:09

CONDEMNATION BY A JURY.

07:10

DON'T CONDEMN THIS MAN.

07:12

IT HAS GREAT CONSEQUENCE.

07:14

TO SAY THAT MENTIONING JAIL

07:17

VERSUS LIBERTY, JUSTICE,

07:21

FREEDOM, I THINK IT'S

07:22

OVER-THE-THE TOP TO CALL IT

07:24

OUTRAGEOUS AND LAMBAST THE WAY

07:26

HE DID.

07:26

MARIA: IT DOES MEAN JAIL.

07:28

>> NOT NECESSARILY.

07:29

HE COULD -- DONALD TRUMP COULD

07:31

AVOID JAIL WITH A CONVICTION

07:33

HERE.

07:33

AND SO I DO WORRY THAT BY

07:35

MENTIONING THAT, IT ALMOST

07:36

INVITES MERCHAN TO SEND HIM TO

07:39

JAIL BECAUSE HIS ATTORNEY SAID

07:40

SO, YOUR ATTORNEY SAID YOU WOULD

07:42

GO TO JAIL IF THE YOU WERE

07:43

CONVICTED AND THERE'S MIXED

07:45

OPINIONS I THINK IN THE LEGAL

07:47

COMMUNITY AS TO WHETHER THIS

07:48

CRIME UNDER THESE CIRCUMSTANCES

07:51

CALLS FOR JAIL TIME AND I THINK

07:53

MERCHAN HAS A VERY HEAVY TASK,

07:55

IF THERE'S A CONVICTION, TO

07:57

DECIDE IF THERE'S ANY JAIL TIME,

07:59

A DAY, WEEK, MONTH, WHATEVER IS

08:03

PUT IN FRONT OF HIM.

08:04

THIS DOES NOT CALL FOR JAIL TIME

08:07

IN MOST CIRCUMSTANCES.

08:07

MARIA: THAT WOULD BE A NEW LOW

08:09

FOR THIS COUNTRY.

08:10

>> AFTER THE CIVIL TRIALS AND

08:12

NOW THIS, WHY WOULD ANYONE HAVE

08:13

ANY FAITH IN THE NEW YORK STATE

08:16

JUDICIAL SYSTEM?

08:16

>> CAN YOU IMAGINE DOING

08:18

BUSINESS IN NEW YORK WITH ANY

08:19

TYPE OF POLITICAL MAGNIFYING

08:23

GLASS ON YOU?

08:24

I MEAN, IT'S AT A POINT AT A

08:26

THIS TIME WHERE EVERYTHING

08:28

THAT'S BEEN DONE TO DONALD TRUMP

08:29

I THINK SCREAMS TO BUSINESS

08:31

FOLKS IN NEW YORK THAT THIS IS A

08:33

VERY PRECARIOUS PLACE TO BE AND

08:34

THE POLITICS THAT YOU BRING TO

08:36

THE TABLE WILL HAVE A DIRECT

08:37

IMPACT ON HOW THE STATE

08:39

INVESTIGATES YOU AND THE

08:40

POTENTIAL THEY TRY TO PUT YOU IN

08:42

JAIL WHERE THEY DON'T DO THAT TO

08:48

COMPATRIOTS WHO ARE POLITICALLY

08:50

FAVORABLE.

08:51

MARIA: DOES THE JURY HEAR THIS?

08:52

IS THE JURY GOING TO SAY LISTEN,

08:55

IF I REALLY DISCUSS HOW I

08:57

ACTUALLY FEEL, THIS IS UNFAIR,

08:59

HE SHOULD BE ACQUITTED, THEY'LL

09:01

COME AFTER ME?

09:01

>> I HAVE FAITH IN THE JURY

09:03

SYSTEM.

09:03

I MIGHT BE THE FOOL.

09:04

I'VE BEEN DOING LEGAL WORK FOR A

09:06

COUPLE DECADES NOW AND I'VE HAD

09:08

HUNDREDS OF JURIES AND MOST

09:11

OFTEN COME BACK IN A JUST WAY SO

09:12

I HAVE TO HAVE FAITH IN THEM IN

09:15

ORDER TO CONTINUE MY JOB AND

09:16

STAY SANE BUT THERE ARE ISSUES

09:17

AND THERE ARE CONCERNS HERE IN

09:19

NEW YORK.

09:19

THERE'S TWO ATTORNEYS ON THERE.

09:21

THERE'S ALSO OTHER VERY

09:23

INTELLIGENT FOLKS.

09:24

THERE'S VERY PRACTICAL FOLKS.

09:26

THEY PROMISED TO BE FAIR.

09:27

MARIA: BUT THE WHITE HOUSE

09:28

ALREADY SAID WE'RE PLANNING

09:32

ATTACKS ON TRUMP IF GETS

09:35

ACQUITTED.

09:35

TO SAY THAT BEFORE THE JURY IS

09:37

ABOUT TO DELIBERATE, THAT'S

09:39

OUTRAGEOUS.

09:39

YOU WANT TO HAVING OUTRAGEOUS,

09:41

JUDGE MERCHAN, THAT'S

09:42

OUTRAGEOUS, FOR THE WHITE HOUSE

09:45

TO SAY WE'RE PLANNING ATTACKS ON

09:47

TRUMP SHOULD HE BE ACQUITTED.

09:49

THE JURY HEARS THAT, SAYS I

09:50

DON'T WANT TO GET ATTACKED.

09:52

>> EVERYTHING I HEARD ON THE

09:55

PANEL SIGNIFIES THIS IS A

09:56

POLITICAL PROCESS, IT'S WHAT I

09:58

HEAR FROM REGULAR PEOPLE

10:00

WATCHING IT, WHAT I HEAR FROM

10:02

MEMBERS OF CONGRESS, THAT'S WHY

10:04

YOU SEE CHAIRWOMAN STEFAN M NICK

10:10

TRYING TO WEIGH IN, MOVE THE

10:12

OVERSIGHT FORWARD.

10:12

>> THERE'S SO MANY THINGS TO

10:13

UNPACK WITH THE WAY THAT THE

10:14

COUNTRY REACTS AND RESPONDS THE

10:17

VERDICT, WHICHEVER WAY THAT

10:18

GOES.

10:18

IF IT'S AN YOU ACQUITTAL, I

10:19

THINK PEOPLE HAVE TO AT THAT

10:22

POINT ADMIT THERE'S A TRUE

10:23

INJUSTICE.

10:23

NOW YOU'VE GOT THE BIDEN

10:25

ADMINISTRATION NOT READY TO DO

10:26

THAT, I'M SURE.

10:27

I'M SURE THEY'LL HAVE THEIR OWN

10:28

ATTACK.

10:29

WELL, HE WAS PUT ON TRIAL AND

10:30

THAT MEANS HE'S AT LEAST

10:34

GUILTY,TRYING TO DISTORT THAT.

10:36

IF HE'S CONVICT, THEY'LL TRY TO

10:38

RUN AROUND THAT OVER AND A OVER

10:40

AGAIN.

10:40

AND FINALLY THE HUNG JURY

10:41

POTENTIAL AND A MISTRIAL, DO WE

10:43

GO BACK THERE, AND HOW DO THEY

10:45

TAKE ALL OF THE OTHER TRIALS

10:47

THAT ARE GOING ON AND TRY TO

10:50

CAPITALIZE ON THOSE, IT'S LAW

10:52

FARE.

10:52

I THINK THAT'S THE BOTTOM LINE.

10:54

WE'RE DEEP IN A LAW FARE SYSTEM

10:56

AND IT'S A REAL OOH PROBLEM.

10:57

MARIA: YEAH, IT SURE IS.

10:59

ANDREW, THANK YOU SO MUCH

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