Trump hit with INSTANT bad news in NY court

The Legal Breakdown with BTC & Glenn Kirschner
9 Apr 202413:07

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

00:00

🚨 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.

05:01

📚 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.

10:02

🔍 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

Donald Trump is the 45th President of the United States and a central figure in the video. The video discusses his ongoing legal issues, specifically his efforts to delay the start of his first criminal trial in New York. His various attempts to stall the legal process, including appealing gag orders and filing motions to recuse the judge, are detailed, illustrating his desperation to avoid the trial.

💡Criminal Trial

A criminal trial is a legal proceeding in which a person or organization accused of a crime is tried in a court in the presence of a judge and sometimes a jury. In the context of the video, it refers to the upcoming trial of Donald Trump in New York, which is significant as it would be the first criminal trial for a former U.S. president.

💡Appeals Court

An appeals court is a court that hears cases after they have been decided in a lower court. Parties who are not satisfied with the lower court's decision can appeal to a higher court, which reviews the case for legal errors made by the lower court. In the video, Trump's legal team is appealing decisions to the New York appeals court in an attempt to delay or halt his criminal trial.

💡Gag Order

A gag order is a legal order issued by a court or judge prohibiting or limiting the public communication of information about a case. In the context of the video, Trump has been trying to appeal his gag order, which is presumably in place to prevent him from influencing potential jurors or the public's perception of his upcoming trial.

💡Jury Selection

Jury selection, also known as voir dire, is the process by which potential jurors are chosen for service in a trial. It involves questioning potential jurors to determine their suitability and impartiality. In the video, the start of jury selection is a significant event in the legal proceedings against Trump, as it marks the beginning of the trial.

💡Double Jeopardy

Double jeopardy is a legal principle that prevents a person from being tried twice for the same crime. It is a protection against the harassment and burden of successive prosecutions. In the video, the concept is mentioned in the context of concerns about stopping and restarting the jury selection process without violating this principle.

💡Judge Maran

Judge Maran is the presiding judge over Donald Trump's criminal trial in New York. The video discusses Trump's attempts to recuse Judge Maran from the case, which have been unsuccessful. The role of the judge in ensuring a fair trial is crucial, and the video highlights the contentious relationship between Trump and Judge Maran.

💡Venue Change

A venue change in a legal context refers to the process of moving a trial from one location to another. This can happen for various reasons, such as concerns about a fair trial due to local bias or pre-trial publicity. In the video, Trump's request for a venue change because of the Democratic majority in Manhattan was rejected by the appeals court, as it was not a valid legal basis for such a change.

💡Judge Cannon

Judge Cannon is a federal judge appointed by Donald Trump who is presiding over the case involving Trump's alleged retention of classified documents and obstruction of justice in Florida. The video discusses concerns about her impartiality due to her relationship with Trump and her past rulings that have favored him.

💡Espionage Laws

Espionage laws are legal statutes that regulate and criminalize espionage activities, such as obtaining or disclosing sensitive or classified information to unauthorized individuals or foreign powers. In the video, it is mentioned that Trump is facing prosecution under the nation's espionage laws for allegedly unlawfully retaining classified documents.

💡Good Faith Litigation

Good faith litigation refers to legal proceedings that are conducted honestly and without deceit or improper purpose. It is expected that all parties involved in a legal dispute act in good faith, meaning they have a genuine belief in the merits of their case and do not engage in tactics intended to harass or delay the proceedings without cause.

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

00:00

you're watching the legal breakdown so

00:01

Glenn we've got some instant bad news

00:03

for Donald Trump in his ongoing effort

00:05

to do whatever possible to delay the

00:07

start of his first criminal trial in New

00:09

York so he tried to do so again today by

00:11

appealing his gag order to a New York

00:13

appeals court talk about what just

00:14

happened yeah instant I think is exactly

00:18

the right word because this is probably

00:20

the third or fourth time Donald Trump

00:22

has desperately tried to delay the

00:25

commencement of his trial scheduled to

00:27

begin on Monday April 15th and they made

00:30

oral arguments to one judge on the New

00:33

York appeals court and literally within

00:36

moments of the argument concluding the

00:40

judge said to Donald Trump's lawyers

00:42

denied we will not delay this trial so

00:46

now the next step because there's always

00:48

another frivolous appeal in Donald

00:51

Trump's back pocket um they will be

00:54

appealing this one this decision by one

00:57

judge to a five judge panel

01:00

um and that will happen on Monday but as

01:03

of right now there is absolutely no

01:05

impediment to the jury trial beginning

01:08

on Monday well Glenn now that this

01:09

decision will go to the full appeals

01:11

court panel could that delay the start

01:13

of this trial waiting for them to take

01:14

up this issue yeah it's kind of the

01:16

perfect question because Brian as of

01:18

right now you know what Monday is going

01:19

to look like it will be the first day of

01:22

jury selection in Donald Trump's first

01:24

criminal trial and it will be one or

01:27

more of his lawyers appearing in another

01:30

courtroom an appeals court in New York

01:33

before five appet Court judges trying to

01:36

put a stop to the very trial that is

01:40

underway with jury selection in another

01:43

New York courtroom I mean this is like a

01:46

bizarre practice of criminal law you

01:49

know if the first Donald Trump criminal

01:51

trial was an action adventure movie we

01:54

would kind of be in that last car chase

01:57

scene where we're all on the edge of our

01:59

seats trying to figure out okay is the

02:01

bad guy's car going toen off the cliff

02:04

and the good guy's car going to come to

02:05

a screeching halt before it goes off the

02:08

cliff I mean that this is kind of the

02:10

legal equivalent of that at this point

02:12

well you you just mentioned that both

02:14

both parties will be in court on Monday

02:16

what happens if the appeals court agrees

02:18

to stay the trial once it has already

02:20

begun uh and jury selection is underway

02:23

one of two things will happen they will

02:25

either direct the trial court the the

02:28

trial that's being Pres resided over by

02:30

judge meran to pause jury selection and

02:34

then they will resolve the um argument

02:37

that they've heard on Monday the five

02:40

appell at court judges um or they will

02:43

direct that the trial just stop in its

02:47

entirety and once you start jury

02:50

selection there's no legal impediment to

02:53

stopping and then a week later a month

02:56

later bring in a new batch of jurors and

02:59

begin jur jury selection a new really

03:02

the most critical phase of the trial for

03:04

double jeopardy purposes is the moment

03:06

the jury is sworn when does that moment

03:09

come not during the week or two of jury

03:11

selection it's after there have been 12

03:13

jurors selected by the parties and a

03:16

series of alternates the minute the

03:19

judge or the judge's clerk administers

03:21

the oath to the 12 person jury that is

03:25

the moment Jeopardy attaches so um

03:28

there's actually a good bit of leeway to

03:31

start jury selection pause it or or just

03:34

stop it entirely and start it a new in

03:37

the future without any risk of Jeopardy

03:40

attaching um but like I say on Monday I

03:43

think we are going to know pretty

03:45

definitively whether Donald Trump's

03:48

first criminal trial the first trial of

03:50

a of a criminal former president of the

03:52

United States is up and running and I

03:55

have a feeling it will be Brian the way

03:57

the one appell Court judge decided the

04:00

issue so quickly so definitively um I

04:04

have a feeling that's important

04:05

foreshadowing for what we're going to

04:07

see all five appell at court judges do

04:10

on Monday right in theory you can assume

04:12

that her her Logic for handing down this

04:14

decision was airtight enough that it

04:15

would also kind of um be the same logic

04:18

that would be used by the full panel

04:20

yeah and let's face it Donald Trump his

04:22

desperation is showing because he is

04:24

trying anything and everything to delay

04:27

the trial I mean he's tried over and

04:29

over again with respect to multiple

04:31

different issues and the courts are

04:33

shooting him down every time now can you

04:35

do a quick rundown of the ways in which

04:37

Trump has sought to delay this trial

04:39

just in the last couple weeks because I

04:41

know there's kind of a it feels like

04:42

we've been talking about this so much

04:43

but there's actually different avenues

04:45

that he's been uh that he's been

04:47

employing yeah and it's hard to keep

04:49

track of them all and exactly where each

04:52

one is in the system but here's what we

04:54

know Donald Trump has filed not one but

04:58

two motions to recuse judge Maran that

05:01

is to remove him from presiding over the

05:04

case entirely both of those motions have

05:07

been rejected he also filed a suit a

05:11

lawsuit and can I tell you just Brian

05:13

filing a suit against the judge who's

05:16

presiding over your criminal trial is

05:18

not a thing in the practice of the

05:20

criminal law I never saw it once in 30

05:23

years you know I'm not saying it can't

05:25

be done I've never seen it done

05:27

personally in my practice and even if it

05:30

can be done I can't imagine it's ever

05:32

done successfully and that's what Donald

05:34

Trump is experiencing he filed a suit to

05:38

try to um pause the trial while the

05:41

appell at court takes up the issue of

05:43

the gag order and that's the one um that

05:46

was just resolved on Tuesday by the

05:48

single judge but the judge says fine I'm

05:51

not going to pause the start of the

05:53

trial but you all can come back on

05:55

Friday and give it one last try I

05:57

predict that will be unsuccessful for

05:59

Donald Trump as well he also filed a

06:02

motion to change the venue what does

06:04

that mean he argued that because there

06:06

are so many Democrats in Manhattan I

06:08

can't possibly get a fair trial here so

06:11

I want you to move the U Move the trial

06:14

to a jurisdiction where there are mainly

06:18

or at least a greater number of

06:20

Republican voters that's not actually a

06:23

basis for moving the trial for changing

06:26

the venue it would be a basis if there

06:29

was so so much publicity about a trial

06:32

that was perhaps of local notoriety and

06:35

you could move it to another part of the

06:37

country where nobody heard about it of

06:38

course given Donald Trump who he is what

06:40

he's done um this has gotten worldwide

06:44

publicity never mind all around the

06:46

United States so his his political

06:48

reason for wanting to have the trial

06:50

moved from one venue to another from one

06:53

jurisdiction to another was filed was

06:56

argued was rejected also by the appeals

06:58

court so I think that covers the

07:00

landscape of the various motions that

07:03

Donald Trump filed sometimes the same

07:06

motion repeatedly trying to delay the

07:09

commencement of his trial but as I say

07:11

everything right now looks like it's on

07:13

track to begin on April 15th Glen can

07:15

you can you talk for a second about the

07:17

dichotomy of the strategies between the

07:18

two sides because you have Donald

07:20

Trump's team who is so hostile to the

07:23

judge that they will actually sue them

07:25

in mid-trial before they even before the

07:27

trial even begins in Earnest and and

07:29

then you have Jack Smith who's

07:31

contending with someone who isn't even

07:33

close to acting in good faith and judge

07:34

Cannon and he's so carefully tiptoeing

07:38

around her that even though she has

07:40

proven time and time again that she that

07:41

she's willing to interfere on Donald

07:43

Trump's behalf still he hasn't moved

07:45

forward and uh and and sought a removal

07:48

uh motion with the 11 circuit yeah you

07:50

know what it's kind of a great

07:52

comparison and contrast and we're mixing

07:54

criminal apples and oranges here because

07:57

of course what Donald Trump is doing

07:59

right now is in a desperate attempt to

08:01

stop his New York criminal trial what

08:03

Jack Smith is doing is contending with a

08:07

judge aen cannon in Donald Trump's

08:09

Federal prosecution in Florida for

08:12

unlawfully retaining classified

08:14

documents obstructing justice and

08:16

violating our nation's Espionage laws

08:19

but boy the the approaches of these two

08:22

teams could not be more different Donald

08:26

Trump is pulling every trick in the book

08:28

I mean this really is not good faith

08:30

litigation that Donald Trump is engaged

08:33

in um these are kind of legal dirty

08:35

tricks that he's playing to try to put a

08:38

stop to what is a legitimate trial date

08:41

and down in Florida Jack Smith in my

08:44

opinion Brian has every reason to file a

08:48

motion to kick judge Cannon off the case

08:51

not just because she was appointed by

08:54

Donald Trump she's now presiding over

08:58

the case involving the defendant who

09:00

gave her her job and not just any job a

09:03

lifetime appointment to the federal

09:06

bench that is one cushy job and I would

09:10

say that in those unique circumstances

09:13

any other judge should preside over the

09:17

case rather than a judge that was

09:19

appointed by the defendant now there's

09:22

no rule or law that applies to that why

09:25

because we've never tried a former

09:27

president of the United States for

09:29

crimes they committed but on top of that

09:32

judge Cannon has shown herself to be

09:34

biased in favor of Donald Trump over and

09:37

over and over again with these really

09:40

inexplicable rulings that she has come

09:43

up with and yet Jack Smith seems

09:46

perfectly content to have her Remain the

09:49

presiding judge on the case because he

09:52

has DED not to file a single challenge

09:56

to her competence or to her ability to

09:59

be fair and impartial I hope to heck

10:02

that changes Brian because you know

10:04

judge Cannon has so exposed herself as

10:08

being um incapable of sitting in the

10:12

case fairly and impartially the way she

10:15

continues to do these favors including

10:18

sometimes Lawless favors because the

10:20

appell at court has once said she abused

10:23

her judicial Authority by make by ruling

10:26

in a way that acted to the extreme

10:28

benefit of Donald Trump we want to be

10:32

able to have confidence in the outcome

10:34

of the trial in Florida and as of right

10:36

now I would have no confidence in the

10:39

outcome if judge aen Cannon presided

10:42

over the trial now she hasn't even set a

10:45

trial date even though she has been

10:47

asked to which frankly also goes into

10:50

the disqualification bucket but the only

10:54

way we can have confidence in the

10:55

outcome of the case is if Jack Smith

10:58

files the motion to remove her it gets

11:01

litigated in the full light of day with

11:03

all of the evidence both pro and con

11:06

both supporting that she should be

11:08

removed and cutting against the argument

11:11

that she should be removed then that

11:13

whole thing is decided by the 11th

11:16

Circuit Court of Appeals and Brian you

11:18

know I generally am willing to abide by

11:22

the law and by the precedent as handed

11:24

down by appell at courts and if the 11th

11:28

Circuit Court of Appeal after fully

11:30

litigating the issue says you know what

11:33

under the prevailing laws and under the

11:35

prevailing applicable precedent we don't

11:38

think there's enough for her to be

11:40

removed from presiding over Donald

11:43

Trump's case I would be far more willing

11:45

to then accept the outcome of a trial

11:49

that was presided over by somebody like

11:51

judge Cannon but without that litigation

11:54

I will never have a comfort level given

11:57

how aen Cannon has already exposed

11:59

herself as being unfair to Donald

12:03

Trump's Advantage yeah I think that's

12:04

exactly right let's finish off with this

12:06

Glenn can we get your bet for an ontime

12:09

trial in New York on April 15th because

12:11

last we checked in you were at 95

12:14

cents I I think I'm going to after the

12:18

um very rapid decision by the the New

12:22

York Court of Appeals judge um I'm going

12:25

to tick it up to about 97 cents Brian

12:28

I'm not at a full Buck yet because I'm

12:29

I'm holding on to those last three

12:31

pennies but I'm going to put it at about

12:34

97 cents on my betting dollar all right

12:37

well I think most of us will take 97

12:39

cents any day of the week so with that

12:41

said we'll of course stay on top of this

12:43

in this last week now where Donald Trump

12:45

will try everything he can to delay this

12:47

trial and uh of course by Monday the

12:49

15th we'll have an answer here so for

12:51

those watching if you want to follow

12:52

along please make sure to subscribe the

12:54

links to both of our channels are right

12:55

here on the screen I'm Brian tyer Cohen

12:57

and I'm Glenn kersner you're watching

12:59

the legal

13:05

breakdown

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