Turley: You have to wonder if the judge is having second thoughts
Summary
TLDRThe transcript revolves around a legal analysis of President Trump's court case, where he has proclaimed his innocence and labeled the proceedings as a 'political witch hunt.' The discussion involves the potential for the appellate division to intervene, the likelihood of which is deemed low. Legal experts debate the strategy of the trial judge, the lack of clarity on the actual crimes, and the reliance on Michael Cohen's testimony. They also touch upon the prosecution's tactics, the possibility of a directed verdict due to insufficient evidence, and the political implications of the case. The conversation suggests that the case may be more about political posturing than legal substance, with Trump describing it as rigged and a disgrace to the country.
Takeaways
- đ The transcript discusses a pre-election event from 2016 and legal analysis related to President Trump's court case where he declares his innocence.
- đš President Trump claims the case against him is a political witch hunt and calls for the appellate division to intervene, though it's unlikely.
- đ€ The strategy of the trial judge seems to be to push through the trial despite numerous mistakes and problems, aiming for a verdict.
- đ The failure to find any legal crimes committed and the inability to connect the events with the actual charges are highlighted issues.
- đ There is criticism of the prosecution's tactics, including the introduction of an agreement to imply evidence that can't be presented.
- đ The prosecution's case is seen as weak, with a potential motion for a directed verdict due to insufficient evidence to support a crime.
- đ Speculation that the prosecution's strategy relies on Michael Cohen's testimony to establish a credibility question for the jury.
- đ€š Doubts are expressed about the credibility of Michael Cohen, and it's suggested that prosecutors may not find him believable.
- đšââïž The integrity of the prosecution's office is questioned, with suggestions that the case is politically motivated.
- đ° Headlines from 'Newsweek' are mentioned, indicating that the prosecutor, Alvin Bragg, has not proven his allegations.
- đ„ Testimonies from individuals who worked for President Trump and the Trump Organization are consistent in describing their experiences as positive.
Q & A
What does President Trump claim about the ongoing legal proceedings against him?
-President Trump claims that he is innocent and that the legal proceedings are a political witch hunt.
What is the general sentiment expressed by the participants in the conversation regarding the likelihood of the appellate division stepping in?
-The participants find it unlikely for the appellate division to step in, as it is highly unusual, but not totally out of the question.
What is the strategy that the trial judge is suggested to be employing?
-The trial judge is suggested to be employing a strategy to steamroll through the problems, including the failure to find any legal crimes committed and the ambiguity of the indictment.
What is the potential outcome if the prosecution fails to prove the case beyond reasonable doubt?
-If the prosecution fails to prove the case, the defense may make a motion for a directed verdict, arguing there is insufficient evidence to support a crime, which could lead to an acquittal.
What is the prosecution's apparent strategy regarding Michael Cohen's testimony?
-The prosecution's strategy is to use Michael Cohen's testimony to suggest that he intentionally committed fraud and tried to conceal campaign violations, leaving the credibility question and the fact-finding to the jury.
What does Jonathan Turley suggest about the prosecution's tactics and the judge's potential response?
-Jonathan Turley suggests that the prosecution is proving things not in evidence and leaving suggestions of things that are, which is improper. He also implies that the judge might be having second thoughts about the case due to the antics and the political nature of the case.
What does President Trump describe the trial as, and why does he say it is interfering with his campaign?
-President Trump describes the trial as rigged, dishonest, and a disgrace to both New York and the country. He claims it is election interference and likens it to something that would happen in a third-world country, not the USA, stating he should be campaigning instead of being in court.
What is the concern raised about the integrity of the prosecution's office?
-The concern raised is that the prosecution's office, led by Alvin Bragg, has not come close to proving what it alleged, and the case is seen as completely political.
What is the role of the agreement with the accountant in the trial?
-The agreement with the accountant is introduced by the prosecution to suggest to the jury that they have more substantial evidence than what is presented, even though this is not the case.
What is the significance of the judge's instruction to Michael Cohen to stop his public antics?
-The judge's instruction indicates a concern about the impact of Cohen's public behavior on the trial's proceedings and suggests a potential discomfort with how the case is being conducted.
What is the implication of Michael Cohen's positive remarks about his time working for President Trump?
-Cohen's positive remarks are consistent with other testimonies from people who have worked for Trump, suggesting that despite the legal issues, the experience of working for Trump and his organization was generally enjoyed.
Outlines
đ Legal Analysis and Trump's Innocence Declaration
The first paragraph discusses ongoing legal analysis and President Trump's declaration of innocence in a court case. Trump labels the situation a 'political witch hunt' and calls for the appellate division to intervene, which is considered unlikely. The conversation suggests the trial judge's strategy is to push through the trial despite numerous issues, including a failure to find any legal crimes committed and the ambiguity of the indictment. The discussion also touches on the potential for appellate review and the possibility of Trump's acquittal.
đ Cohen's Testimony and the Strategy of the Prosecution
The second paragraph focuses on Michael Cohen's testimony and the prosecution's strategy. It is suggested that the case hinges on Cohen's word against others and that the prosecution may not find him entirely believable. The strategy is to have Cohen check a box, implying his involvement, and then present it to the jury as a credibility question. The paragraph also includes criticism of the prosecution's handling of the case and the judge's potential second thoughts about the proceedings. It concludes with President Trump's comments on the trial being rigged and a disgrace, and a discussion on the integrity of the prosecution's office.
Mindmap
Keywords
đĄPre-election
đĄInnocence
đĄPolitical Witch Hunt
đĄAppellate Division
đĄLegal Crimes
đĄIndictment
đĄDirected Verdict
đĄCredibility
đĄProsecution
đĄElection Interference
đĄThird World Country
đĄCampaign Violations
Highlights
President Trump declares his innocence and labels the situation a 'political witch hunt'.
The possibility of the appellate division stepping in is considered, though it is deemed unlikely.
Concerns are raised about the trial judge's strategy and the failure to find any legal crimes committed.
The indictment is criticized for its ambiguity and not specifying the actual crimes.
The potential for appellate review to address issues in the trial is discussed.
The reliance on Michael Cohen's testimony, despite doubts about his credibility, is highlighted.
The prosecution's tactics are questioned, including their handling of evidence and the introduction of an agreement to imply guilt.
The expectation of a motion for a directed verdict due to insufficient evidence is mentioned.
President Trump's criticism of the trial as rigged, dishonest, and a disgrace is noted.
The integrity of the prosecution's office is questioned, with suggestions of political motivations.
Alvin Bragg's competence as a prosecutor is acknowledged, despite the controversy surrounding the case.
Speculation about the judge's potential second thoughts about the case and its implications for his legacy.
Concerns about the judge's family connections to progressive activism and their influence on the case.
The mention of Michael Cohen's positive remarks about his time working for the Trump Organization.
The consistency of testimonies from individuals who worked with Trump, indicating a generally positive experience.
Transcripts
CONFIRMS THAT WAS PRE-ELECTION
THOUSAND 16.
>> Dana: WE HAVE OUR LEGAL
ANALYSIS CONTINUING.
WE ADD JOHN YU TO THE
CONVERSATION.
PRESIDENT TRUMP BEFORE COURT
TODAY DECLARING HIS INNOCENCE.
>> I'M INNOCENT.
THIS IS A POLITICAL WITCH HUNT.
NOBODY HAS SEEN ANYTHING LIKE
IT.
I TELL YOU WHAT, THE APPELLATE
DIVISION, THE JUDGES SHOULD STEP
IN.
WHAT THIS JUDGE IS GETTING AWAY
WITH IS DISGRACEFUL, INCLUDING
THE FACT THAT WE HAVE 100,000
PEOPLE IN NEW JERSEY.
THEY WOULD LIKE TO SHOW THEIR
SUPPORT.
>> Dana: IS IT POSSIBLE THE
APPELLATE DIVISION WOULD STEP IN
HERE?
IT IS HIGHLY UNUSUAL BUT NOT
TOTALLY OUT OF THE QUESTION.
>> I THINK IT IS UNLIKELY.
I THINK WHAT THE COURT WILL DO
IS LET MERCHAN FINISH THE TRIAL,
GET A VERDICT AND HIS CASE IS SO
RIDDLED WITH MISTAKES AND
PROBLEMS THE APPELLATE COURT
WOULD HAVE TO PING-PONG THIS
CASE BACK AND FORTH REPEATEDLY
TO TRY TO FIX ALL THE ERRORS AS
THEY WENT ON.
PART OF THAT IS THE TRIAL
JUDGE'S STRATEGY HERE IS TO
STEAM ROLL THROUGH THE PROBLEMS,
THE ONES WE'VE BEEN HEARING
ABOUT ON YOUR PANEL THIS
MORNING.
THE FAILURE TO FIND ANY KIND OF
LEGAL CRIMES THAT HAVE BEEN
COMMITTED.
FAILURE TO CONNECT WHAT HAPPENED
LAST WEEK WITH THE EXPLOSIVE
STORMY DANIELS YESTERDAY WITH
THE ACTUAL CHARGES . THE
AMBIGUITY OF THE INDICTMENT.
NOT TELLING TRUMP WHAT THE REAL
CRIMES ARE.
THIS WILL HAVE TO WAIT FOR
APPELLATE REVIEW.
MAYBE MERCHAN WILL COME TO HIS
SENSES AND ACQUIT TRUMP.
>> Dana: I JUST HAD TO ASK.
I LIKE TO ASK A SMART PERSON
ABOUT IT.
>> Bill: COHEN IS DESCRIBING HOW
THEY COMMUNE INDICATED WITH EACH
OTHER.
TRUMP MADE -- USING EMAILS,
PROSECUTORS CAN FOLLOW THE PAPER
TRAIL.
>> Dana: NOT WRONG.
>> Bill: AS WE HAVE SEEN TIME
AND TIME AGAIN.
JONATHAN TURLEY, JUMP BACK IN
HERE BECAUSE IT SEEMS PRETTY
STRAIGHT FORWARD NOW LIKE THE
TRIAL HAS BEEN CLARIFIED AND
IT'S BEEN CLARIFIED TO THIS
POINT, IT IS COHEN'S WORD
AGAINST EVERYBODY ELSE.
DO YOU SEE IT THAT WAY?
>> WELL, WE'VE ALREADY LEARNED A
COUPLE OF THINGS.
ONE IS THAT A VORTEX DID NOT
OPEN UP THE MINUTE COHEN TOOK
THE OATH AND HAVE THE ENTIRE
COURTROOM DISAPPEAR INTO THE
NETHERWORLD.
WE CAN CHECK THAT OFF.
THE FACT THAT COHEN IS TAKING
ANOTHER OATH ITSELF WAS QUITE AN
ATTRACTION.
AND OBVIOUSLY HE WILL GET -- IT
WAS INTERESTING BEFORE HIS
TESTIMONY TO WATCH THIS EFFORT
TO GET IN THE AGREEMENT OF THE
ACCOUNTANT.
THAT WAS SUCH AN OBVIOUS AND
DISHONEST MOVE BY THE
PROSECUTORS.
YOU HAVE TO WONDER WHETHER THIS
JUDGE IS HAVING SECOND THOUGHTS
ABOUT HIS FAILURE TO STOP THIS
CASE OR AT LEAST FORCE THE
PROSECUTION TO BE CLEAR ABOUT
IT.
THERE IS NOTHING STOPPING THE
PROSECUTOR FROM CALLING THAT
ACCOUNTANT.
THE INTRODUCTION OF THAT
AGREEMENT WAS CLEARLY INTENDED
TO SUGGEST TO THE JURY THAT THEY
HAVE SOME SMOKE THAN GUN
EVIDENCE.
BUT BECAUSE OF THIS AGREEMENT
THEY CAN'T PRESENT IT.
THAT'S ENTIRELY UNTRUE.
AND SO MERCHAN WAS RIGHT TO SAY
I'M NOT GOING TO LET YOU DO
THAT.
IT GOES TO HOW THIS IS A -- THEY
ARE PROVING STUFF NOT IN
EVIDENCE WHILE LEAVING
SUGGESTIONS OF STUFF THAT IS IN
EVIDENCE WITH THE JURY.
SO THE THING TO KEEP IN MIND IS
WHEN THE PROSECUTION WRAPS UP
ITS CASE, THE DEFENSE WILL STAND
UP AND MAKE A STANDARD MOTION
FOR A DIRECTED VERDICT TO SAY
THERE IS INSUFFICIENT EVIDENCE
TO SUPPORT A CRIME IN THIS CASE.
THAT'S AN EXTREMELY POWERFUL
ARGUMENT BECAUSE YOU HAVE SEEN
WE'RE STILL DEBATING WHAT THE
CRIME IS.
EVEN ON THIS NETWORK YOU HAVE
PEOPLE DISAGREEING AS TO WHAT
THE THEORY OF THIS CASE IS.
THE PROSECUTION IS ABOUT TO
WRAP.
WHAT THE PROSECUTION IS WORRIED
ABOUT EVEN THE JUDGE MUST SAY I
GAVE YOU A SHOT AND YOU DIDN'T
SINK IT SO I WILL DIRECT THIS
VERDICT.
I WILL ISSUE AN ACQUITTAL.
THE WAY THEY GET AROUND THAT IS
JUST GET COHEN TO SAY THIS
HAPPENED.
THAT HE INTENTIONALLY WANTED ME
TO PUT -- WANTED THIS TO BE A
LEGAL EXPENSE AND INTENTIONALLY
COMMITTING FRAUD AND TRYING TO
CONCEAL CAMPAIGN VIOLATIONS,
EVEN THOUGH VERY FEW PEOPLE ON
EARTH WOULD BELIEVE MICHAEL
COHEN, THE PROSECUTORS WILL
ARGUE TO THE JUDGE THAT IS A
CREDIBILITY QUESTION, JUDGE AND
YOU NEED TO LET THIS GO TO THE
JURY WHETHER YOU BELIEVE HIM OR
NOT, THAT IS A FACT QUESTION FOR
THE JURY.
THAT'S THEIR ENTIRE STRATEGY.
AS UNBELIEVABLE AS COHEN MAY BE,
I DON'T THINK THE PROSECUTORS
THINK HE WILL BE BELIEVABLE.
THEY WANT HIM TO CHECK A BOX.
>> Bill: WOW.
JUST TO QUICK FOLLOW ON THAT.
YOU ARE ARGUING THAT THE JUDGE
IS HAVING SECOND THOUGHTS ABOUT
PREVIOUS DECISIONS THAT HAVE
BEEN MADE IN THIS CASE AND I
WOULD JUST ADD TO THAT,
JONATHAN, IT CAME FROM THE BENCH
ON FRIDAY AFTERNOON WHEN THE
JUDGE TOLD THE STATE TO TELL
MICHAEL COHEN TO STOP TALKING
AFTER ALL THE TikTokS AND TWEETS
CAME OUT.
YOU ARE MAKING A CASE NOW THAT
THE JUDGE THINKS THEY MAY HAVE
GONE TOO FAR?
>> I'M NOT SAYING THE JUDGE IS
HAVING SECOND THOUGHTS.
HE MIGHT BE.
I CAN'T IMAGINE ANY COMPETENT
LAWYER AT THIS POINT WOULD NOT
BE EMBARRASSED BY WHAT HAS
HAPPENED IN THE COURTROOM.
IT IS A DISGRACE THIS CASE HAS
GOTTEN THIS FAR.
I WOULD HOPE HE WOULD HAVE
SECOND THOUGHTS.
KEEP IN MIND WHEN HE TOLD THE
PROSECUTORS TO TELCO HEN TO STOP
THE ANTICS.
WHY WOULDN'T YOU DO THAT AT THE
BEGINNING OF THE TRIAL?
YOU WERE DOING IT THE WEEKEND
BEFORE HE TESTIFIED.
THIS GUY HAS BEEN OUT THERE WITH
A THREE-RING CIRCUS GOING ON AND
YOU HAVEN'T SAID A THING.
THEN SUDDENLY IT WOULD BE NICE
TO GO THROUGH THE WEEKEND
WITHOUT HIM TROLLING FOR DOLLARS
ON TikTok.
>> Dana: I WANT TO CALL FOR THIS
OTHER SOUND BITE FROM PRESIDENT
TRUMP AND CALL FOR NUMBER TWO ON
THAT SHEET WHERE HE TALKS ABOUT
SOMETHING JONATHAN SAID AND GET
ANDY'S TAKE.
WATCH HERE.
DO WE HAVE THAT?
THEY'RE WORKING ON GETTING IT.
I'LL SET IT UP.
HE TALKS THE INNOCENCE AND RULE
OF LAW.
THE OTHER THING IS, ANDY, THE
PROSECUTION SAID SOMETHING LAST
WEEK THAT WAS MUSIC TO MY EARS
WHICH IS THAT THEY THINK THAT
THEIR CASE -- THEY MIGHT BE ABLE
TO REST THEIR CASE THIS WEEK,
OKAY?
THEN WE COULD ALL MOVE ON AND
GET WHAT'S GOING TO HAPPEN NEXT.
HERE IS WHAT PRESIDENT TRUMP
SAID ABOUT DECLARING HIS
INNOCENCE AND IT IS A SHAM
TRIAL.
WATCH.
>> THIS TRIAL IS RIGGED.
IT IS DISHONEST.
IT IS A DISGRACE TO NEW YORK.
IT IS A DISGRACE TO THE COUNTRY.
I SHOULD BE CAMPAIGNING NOW
INSTEAD OF SITTING IN A VERY
COLD COURTHOUSE ALL DAY LONG.
THIS IS A BIDEN PROSECUTION.
IT IS ELECTION INTERFERENCE AT A
LEVEL THAT NOBODY IN THIS
COUNTRY HAS EVER SEEN BEFORE.
THIS IS THIRD WORLD COUNTRY, NOT
THE USA.
>> Dana: YOUR THOUGHTS IN TERMS
OF THE INTEGRITY OF THE
PROSECUTION'S OFFICE.
IN QUESTION CERTAINLY.
I WAS READING THE HEADLINE IN
"NEWSWEEK" SAYING ALVIN BRAGG
HASN'T COME CLOSE TO PROVING
WHAT HE' LIDGEED.
>> PART OF WHY HE WASN'T CLEAR
ABOUT ALLEGING IT.
WHAT'S INSIDIOUS ABOUT THIS, I
WANT PEOPLE TO UNDERSTAND, BRAGG
IS A VERY SMART GUY.
HE IS NOT INCOMPETENT.
IT IS NOT THAT HE DOESN'T KNOW
WHAT HE WAS DOING.
HE WAS A TOP PROSECUTOR IN NEW
YORK STATE.
HE WAS A PROSECUTOR IN MY OLD
OFFICE, THE U.S. ATTORNEYS
OFFICE IN THE SOUTHERN DISTRICT
OF NEW YORK.
HE KNOWS THE STUFF HE IS DOING
HERE IS IMPROPER.
IT IS A COMPLETELY POLITICAL
CASE AND HE HIT THE JACKPOT WITH
JUDGE MERCHAN.
I WOULD LIKE TO BELIEVE, AS
JONATHAN WAS SUGGESTING, THAT
MAYBE HE IS HAVING SECOND
THOUGHTS.
BUT EVERY TIME I START TO GIVE
IN TO THAT IDEA, A LITTLE BIRDIE
ON MY SHOULDER SAYS IF HIS
DAUGHTER IS MAKING TONS OF MONEY
AS A PROGRESSIVE ACTIVIST WHO
DOES CAMPAIGN WORK FOR TOP
DEMOCRATS WHO DEFINE THEMSELVES
BY THEIR LOATHING OF DONALD
TRUMP, DOES HE WANTS TO BE THE
JUDGE WHO THROWS OUT THE CASE
AGAINST TRUMP?
I JUST DON'T SEE IT.
>> Bill: OKAY, GUYS, STAND BY.
GUYS AND GALS, STAND BY.
WE'LL GO ON HOLD FOR A MOMENT.
>> Dana: ONE OF THE THINGS --
MICHAEL COHEN SAID HIS TIME
WORKING FOR PRESIDENT TRUMP AND
THE TRUMP ORGANIZATION WAS
FANTASTIC.
THAT'S JUST CONSISTENT WITH
EVERYONE WHO HAS TESTIFIED SO
FAR THAT EVER WORKED THERE.
THEY SEEM TO HAVE ENJOYED THE
EXPERIENCE A
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