Trump hit with INSTANT bad news in NY court
Summary
TLDRThe transcript discusses Donald Trump's unsuccessful attempts to delay the start of his criminal trial in New York, scheduled for April 15th. Trump's legal team has filed multiple motions, including two attempts to recuse Judge Maran and a lawsuit against the judge, all of which have been rejected. The appeals court has denied Trump's request to pause the trial, setting the stage for a potential car chase-like scenario where the start of the trial could be halted or paused depending on the outcome of further appeals. The discussion also contrasts Trump's aggressive legal tactics with those of Jack Smith, who has not sought to remove Judge Cannon from Trump's federal prosecution in Florida, despite her apparent bias towards Trump.
Takeaways
- 🚫 Donald Trump's attempts to delay the start of his first criminal trial in New York have been unsuccessful, with the trial scheduled to begin on April 15th.
- ✅ The New York appeals court quickly denied Trump's request to pause the trial, showing little indication that a full panel of judges would rule differently.
- 📚 Trump's legal team has tried multiple strategies, including filing motions to recuse Judge Maran and a lawsuit against the judge, all of which have been rejected.
- 📈 Trump has also filed a motion to change the trial's venue, arguing that he cannot get a fair trial in Manhattan due to the high number of Democrats, but this was also rejected by the appeals court.
- 🔄 The trial's commencement will involve jury selection, which can be paused or stopped without legal impediment, even once underway, until the jury is sworn in.
- 🏛️ The critical point for double jeopardy purposes is when the jury is sworn, which can happen at any time during the selection process without attaching jeopardy.
- 🔎 Trump's desperation is evident as he tries various methods to delay the trial, all of which have been met with rejections by the courts.
- 🆚 The strategies of the two legal teams involved in different Trump-related cases show a stark contrast, with one being aggressive and the other showing restraint.
- 🧐 Jack Smith, involved in the Florida prosecution against Trump, has not filed a motion to remove Judge Cannon, despite her apparent bias and connections to Trump.
- 💡 There is a call for Jack Smith to file a motion to remove Judge Cannon to ensure a fair and impartial trial in the Florida case, as her continued rulings in favor of Trump undermine confidence in the judicial process.
Q & A
What is the main subject of the discussion in the transcript?
-The main subject of the discussion is Donald Trump's ongoing efforts to delay the start of his first criminal trial in New York.
When is the trial scheduled to begin?
-The trial is scheduled to begin on Monday, April 15th.
What was the outcome of Trump's appeal to the New York appeals court regarding his gag order?
-The appeal was denied by the judge, who decided to not delay the trial.
What is the next step for Trump's legal team in trying to delay the trial?
-The next step is to appeal the decision by the single judge to a five-judge panel in the appeals court.
What will happen on the first day of the trial according to the transcript?
-The first day of the trial will be the start of jury selection.
What are the possible outcomes if the appeals court agrees to stay the trial once it has already begun?
-The trial court could either pause jury selection and resolve the argument later, or direct that the trial stops entirely and a new jury selection begins at a later date.
How many jurors and alternates need to be selected for the trial to attach double jeopardy?
-Double jeopardy attaches once 12 jurors and a series of alternates have been selected and sworn in by the judge or the judge's clerk.
What are some of the ways Trump has tried to delay the trial in the past?
-Trump has filed two motions to recuse Judge Maran, filed a lawsuit against the judge, and filed a motion to change the venue based on political reasons.
How does the strategy of Trump's legal team differ from that of Jack Smith in the transcript?
-Trump's legal team is aggressively trying to delay the trial and has sued the judge, while Jack Smith has not filed any challenges against Judge Cannon, who has shown bias in favor of Trump.
What is the opinion of the speakers regarding Judge Cannon's presiding over Trump's federal prosecution?
-The speakers believe that Judge Cannon should be removed from the case due to her bias and the fact that she was appointed by Trump, but Jack Smith has not yet filed a motion for her removal.
What is the significance of the upcoming week for the trial?
-The upcoming week is significant because it will determine whether the trial starts on time or is further delayed by Trump's legal maneuvers.
Outlines
🚨 Trump's Failed Attempt to Delay Criminal Trial 🚨
The first paragraph discusses Donald Trump's unsuccessful attempt to delay the start of his criminal trial in New York, which is scheduled to begin on April 15th. Trump's lawyers appealed to a New York appeals court to postpone the trial, but the judge promptly denied their request. The discussion highlights the repeated efforts by Trump to delay the trial and the upcoming possibility of the case being presented to a five-judge panel on the same day. The speakers also compare the legal strategies and the desperation of Trump's team to the more measured approach of Jack Smith, who is dealing with a separate case involving Trump in Florida.
📚 Trump's Tactics and the Case's Future 📚
The second paragraph details the various tactics employed by Donald Trump to delay or alter the circumstances of his criminal trial. These include two unsuccessful motions to recuse Judge Maran, a rejected lawsuit against the judge, and a motion to change the trial's venue based on political demographics. The paragraph also contrasts Trump's adversarial approach with the strategic restraint shown by Jack Smith in the separate Florida case, where Judge Cannon's bias towards Trump has raised concerns about the fairness of the trial proceedings.
🔍 Final Thoughts on the Upcoming Trial 🔍
The final paragraph focuses on the anticipation of the New York criminal trial's commencement and the likelihood of its on-time start on April 15th. The speakers discuss their bets on the trial's punctuality, with one placing the odds at 97 cents on the dollar. They also emphasize the importance of subscribing to their channels for continued updates on the case and Trump's potential future legal strategies.
Mindmap
Keywords
💡Donald Trump
💡Criminal Trial
💡Appeals Court
💡Gag Order
💡Jury Selection
💡Double Jeopardy
💡Judge Maran
💡Venue Change
💡Judge Cannon
💡Espionage Laws
💡Good Faith Litigation
Highlights
Donald Trump faces the start of his first criminal trial in New York.
The trial is scheduled to begin on Monday, April 15th.
Trump attempted to delay the trial by appealing his gag order to a New York appeals court.
The judge denied Trump's request to delay the trial, stating the decision immediately after the oral arguments concluded.
Trump's lawyers are expected to continue their attempts to delay the trial with further appeals.
Jury selection for Trump's trial will begin on Monday regardless of the appeals process.
The appeals court panel will consist of five judges who will review the decision made by the single judge.
There is legal precedent for stopping and restarting jury selection without the risk of double jeopardy.
The moment jeopardy attaches is when the jury is sworn, not during the selection process.
Trump has repeatedly tried and failed to delay the trial through various legal motions.
Trump filed two motions to recuse Judge Maran, both of which were rejected.
An unusual move by Trump was filing a lawsuit against the judge presiding over his criminal trial.
Trump also filed a motion to change the trial's venue, arguing the presence of many Democrats in Manhattan would prevent a fair trial.
The motion to change the venue was rejected by the appeals court.
The contrast in legal strategies between Trump's team and Jack Smith's approach in the Florida case is stark.
Jack Smith has not sought to remove Judge Cannon, despite her rulings in favor of Trump.
There is a call for Jack Smith to file a motion to remove Judge Cannon due to her perceived bias.
The lack of action against Judge Cannon raises concerns about the fairness of the trial's outcome.
The赌注 on the trial starting on time is set at 97 cents on the dollar.
Transcripts
you're watching the legal breakdown so
Glenn we've got some instant bad news
for Donald Trump in his ongoing effort
to do whatever possible to delay the
start of his first criminal trial in New
York so he tried to do so again today by
appealing his gag order to a New York
appeals court talk about what just
happened yeah instant I think is exactly
the right word because this is probably
the third or fourth time Donald Trump
has desperately tried to delay the
commencement of his trial scheduled to
begin on Monday April 15th and they made
oral arguments to one judge on the New
York appeals court and literally within
moments of the argument concluding the
judge said to Donald Trump's lawyers
denied we will not delay this trial so
now the next step because there's always
another frivolous appeal in Donald
Trump's back pocket um they will be
appealing this one this decision by one
judge to a five judge panel
um and that will happen on Monday but as
of right now there is absolutely no
impediment to the jury trial beginning
on Monday well Glenn now that this
decision will go to the full appeals
court panel could that delay the start
of this trial waiting for them to take
up this issue yeah it's kind of the
perfect question because Brian as of
right now you know what Monday is going
to look like it will be the first day of
jury selection in Donald Trump's first
criminal trial and it will be one or
more of his lawyers appearing in another
courtroom an appeals court in New York
before five appet Court judges trying to
put a stop to the very trial that is
underway with jury selection in another
New York courtroom I mean this is like a
bizarre practice of criminal law you
know if the first Donald Trump criminal
trial was an action adventure movie we
would kind of be in that last car chase
scene where we're all on the edge of our
seats trying to figure out okay is the
bad guy's car going toen off the cliff
and the good guy's car going to come to
a screeching halt before it goes off the
cliff I mean that this is kind of the
legal equivalent of that at this point
well you you just mentioned that both
both parties will be in court on Monday
what happens if the appeals court agrees
to stay the trial once it has already
begun uh and jury selection is underway
one of two things will happen they will
either direct the trial court the the
trial that's being Pres resided over by
judge meran to pause jury selection and
then they will resolve the um argument
that they've heard on Monday the five
appell at court judges um or they will
direct that the trial just stop in its
entirety and once you start jury
selection there's no legal impediment to
stopping and then a week later a month
later bring in a new batch of jurors and
begin jur jury selection a new really
the most critical phase of the trial for
double jeopardy purposes is the moment
the jury is sworn when does that moment
come not during the week or two of jury
selection it's after there have been 12
jurors selected by the parties and a
series of alternates the minute the
judge or the judge's clerk administers
the oath to the 12 person jury that is
the moment Jeopardy attaches so um
there's actually a good bit of leeway to
start jury selection pause it or or just
stop it entirely and start it a new in
the future without any risk of Jeopardy
attaching um but like I say on Monday I
think we are going to know pretty
definitively whether Donald Trump's
first criminal trial the first trial of
a of a criminal former president of the
United States is up and running and I
have a feeling it will be Brian the way
the one appell Court judge decided the
issue so quickly so definitively um I
have a feeling that's important
foreshadowing for what we're going to
see all five appell at court judges do
on Monday right in theory you can assume
that her her Logic for handing down this
decision was airtight enough that it
would also kind of um be the same logic
that would be used by the full panel
yeah and let's face it Donald Trump his
desperation is showing because he is
trying anything and everything to delay
the trial I mean he's tried over and
over again with respect to multiple
different issues and the courts are
shooting him down every time now can you
do a quick rundown of the ways in which
Trump has sought to delay this trial
just in the last couple weeks because I
know there's kind of a it feels like
we've been talking about this so much
but there's actually different avenues
that he's been uh that he's been
employing yeah and it's hard to keep
track of them all and exactly where each
one is in the system but here's what we
know Donald Trump has filed not one but
two motions to recuse judge Maran that
is to remove him from presiding over the
case entirely both of those motions have
been rejected he also filed a suit a
lawsuit and can I tell you just Brian
filing a suit against the judge who's
presiding over your criminal trial is
not a thing in the practice of the
criminal law I never saw it once in 30
years you know I'm not saying it can't
be done I've never seen it done
personally in my practice and even if it
can be done I can't imagine it's ever
done successfully and that's what Donald
Trump is experiencing he filed a suit to
try to um pause the trial while the
appell at court takes up the issue of
the gag order and that's the one um that
was just resolved on Tuesday by the
single judge but the judge says fine I'm
not going to pause the start of the
trial but you all can come back on
Friday and give it one last try I
predict that will be unsuccessful for
Donald Trump as well he also filed a
motion to change the venue what does
that mean he argued that because there
are so many Democrats in Manhattan I
can't possibly get a fair trial here so
I want you to move the U Move the trial
to a jurisdiction where there are mainly
or at least a greater number of
Republican voters that's not actually a
basis for moving the trial for changing
the venue it would be a basis if there
was so so much publicity about a trial
that was perhaps of local notoriety and
you could move it to another part of the
country where nobody heard about it of
course given Donald Trump who he is what
he's done um this has gotten worldwide
publicity never mind all around the
United States so his his political
reason for wanting to have the trial
moved from one venue to another from one
jurisdiction to another was filed was
argued was rejected also by the appeals
court so I think that covers the
landscape of the various motions that
Donald Trump filed sometimes the same
motion repeatedly trying to delay the
commencement of his trial but as I say
everything right now looks like it's on
track to begin on April 15th Glen can
you can you talk for a second about the
dichotomy of the strategies between the
two sides because you have Donald
Trump's team who is so hostile to the
judge that they will actually sue them
in mid-trial before they even before the
trial even begins in Earnest and and
then you have Jack Smith who's
contending with someone who isn't even
close to acting in good faith and judge
Cannon and he's so carefully tiptoeing
around her that even though she has
proven time and time again that she that
she's willing to interfere on Donald
Trump's behalf still he hasn't moved
forward and uh and and sought a removal
uh motion with the 11 circuit yeah you
know what it's kind of a great
comparison and contrast and we're mixing
criminal apples and oranges here because
of course what Donald Trump is doing
right now is in a desperate attempt to
stop his New York criminal trial what
Jack Smith is doing is contending with a
judge aen cannon in Donald Trump's
Federal prosecution in Florida for
unlawfully retaining classified
documents obstructing justice and
violating our nation's Espionage laws
but boy the the approaches of these two
teams could not be more different Donald
Trump is pulling every trick in the book
I mean this really is not good faith
litigation that Donald Trump is engaged
in um these are kind of legal dirty
tricks that he's playing to try to put a
stop to what is a legitimate trial date
and down in Florida Jack Smith in my
opinion Brian has every reason to file a
motion to kick judge Cannon off the case
not just because she was appointed by
Donald Trump she's now presiding over
the case involving the defendant who
gave her her job and not just any job a
lifetime appointment to the federal
bench that is one cushy job and I would
say that in those unique circumstances
any other judge should preside over the
case rather than a judge that was
appointed by the defendant now there's
no rule or law that applies to that why
because we've never tried a former
president of the United States for
crimes they committed but on top of that
judge Cannon has shown herself to be
biased in favor of Donald Trump over and
over and over again with these really
inexplicable rulings that she has come
up with and yet Jack Smith seems
perfectly content to have her Remain the
presiding judge on the case because he
has DED not to file a single challenge
to her competence or to her ability to
be fair and impartial I hope to heck
that changes Brian because you know
judge Cannon has so exposed herself as
being um incapable of sitting in the
case fairly and impartially the way she
continues to do these favors including
sometimes Lawless favors because the
appell at court has once said she abused
her judicial Authority by make by ruling
in a way that acted to the extreme
benefit of Donald Trump we want to be
able to have confidence in the outcome
of the trial in Florida and as of right
now I would have no confidence in the
outcome if judge aen Cannon presided
over the trial now she hasn't even set a
trial date even though she has been
asked to which frankly also goes into
the disqualification bucket but the only
way we can have confidence in the
outcome of the case is if Jack Smith
files the motion to remove her it gets
litigated in the full light of day with
all of the evidence both pro and con
both supporting that she should be
removed and cutting against the argument
that she should be removed then that
whole thing is decided by the 11th
Circuit Court of Appeals and Brian you
know I generally am willing to abide by
the law and by the precedent as handed
down by appell at courts and if the 11th
Circuit Court of Appeal after fully
litigating the issue says you know what
under the prevailing laws and under the
prevailing applicable precedent we don't
think there's enough for her to be
removed from presiding over Donald
Trump's case I would be far more willing
to then accept the outcome of a trial
that was presided over by somebody like
judge Cannon but without that litigation
I will never have a comfort level given
how aen Cannon has already exposed
herself as being unfair to Donald
Trump's Advantage yeah I think that's
exactly right let's finish off with this
Glenn can we get your bet for an ontime
trial in New York on April 15th because
last we checked in you were at 95
cents I I think I'm going to after the
um very rapid decision by the the New
York Court of Appeals judge um I'm going
to tick it up to about 97 cents Brian
I'm not at a full Buck yet because I'm
I'm holding on to those last three
pennies but I'm going to put it at about
97 cents on my betting dollar all right
well I think most of us will take 97
cents any day of the week so with that
said we'll of course stay on top of this
in this last week now where Donald Trump
will try everything he can to delay this
trial and uh of course by Monday the
15th we'll have an answer here so for
those watching if you want to follow
along please make sure to subscribe the
links to both of our channels are right
here on the screen I'm Brian tyer Cohen
and I'm Glenn kersner you're watching
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