BREAKING: Prosecutors to deal first MAJOR BLOW to Trump at trial

you're watching the legal breakdown so

Glenn Donald Trump is set for a really

bad day in trial so we're going to talk

about the first opportunity that

prosecutors have to expose Trump's

misconduct to the jury uh but first just

a reminder to those watching right now

that Glenn and I will be doing

comprehensive daily coverage of the

Trump trial so if you want to follow

along please make sure to subscribe the

links to our channels are on this screen

they're also in the post description of

this video okay Glenn talk about these

acts of misconduct that the jury is

going to hear about what is this process

that we're going to be uh that we're

going to be seeing carry out right now

yes so they're going to hold what's

called a sand Deval hearing what does

that mean so every jurisdiction has its

own name for these kind of hearings

usually the name comes from the leading

appell at court case and in in New York

the defendant was named Sandoval when

the appell at court decided a case that

gave birth to this kind of a hearing so

it is forever known as the sandal

hearing what is it so when a defendant

is trying to make the decision whether

he wants to testify or decline to

testify in his own criminal trial the

prosecutors have to give the defense

notice of all the acts of uncharged

misconduct I'll talk more about that in

a minute that's a bit of a mouthful all

of the acts of uncharged misconduct that

they might want to cross-examine the

defendant with to give the jury

information about the defendants

credibility so what are acts of

uncharged misconduct in this case Donald

Trump is charged with 34 felony counts

of falsifying business records to cover

up the true nature of hush money

payments to gain unfair advantage in a

presidential election however Donald

Trump has engaged in so much more

misconduct even in recent years for

which he's been held accountable in

various courts and so under the New York

state law if Donald Trump testifies this

jury gets to hear that an earlier jury

found him liable for assaulting and

defaming defaming a couple of times over

egene Carol and that he was ordered to

pay millions and millions in Damages to

EEG Carol and Brian I have the sand ofal

notice here and there are 13 acts of

misconduct by Donald Trump that the

prosecutors want to introduce to the

jury um when they are cross-examining

Donald Trump there was when the the

Trump Corporation really the Trump

organiz ation but it was called the

Trump Corporation was convicted of 17

felonies for long-term systemic business

fraud they want to cross-examine him

about that they want to cross-examine

him about how there were illegal

fundraisers held for Donald Trump and

the money was supposed to go to the

Trump charity and instead it was

diverted to his campaign they then want

to ask him about the fact that Donald

Trump stipulated to that is he agreed to

dissolve the Trump charity as a way to

sort of settle all of the fraud that had

been involved there and and Brian it

goes on and on and on 13 other acts of

uncharged misconduct or Crimes by Donald

Trump that the prosecutors want to

cross-examine Donald Trump with in the

event Donald Trump takes the stand in

his own trial so this is an exercise

where they go through all of these acts

of misconduct the judge will decide with

which ones are properly the subject of

cross-examination and which ones for

example might be too prejudicial for the

prosecutors to bring up and then once

that issue is decided then Donald Trump

gets to make the decision okay I know

that the jury is going to learn of 10

acts of serious misconduct including

lying under oath in another Court um

that's going to factor into my decision

as to whether I actually want to take

the stand in my own defensive my

criminal trial so to be clear if he opts

not to take the stand uh in his own

defense is it that prosecutors won't be

able to introduce any of this uncharged

misconduct they will only be able to

introduce the uncharged misconduct that

they litigated previously and that the

judge ruled was appropriately admissible

evidence but it will be a much narrower

scope of uncharged misconduct then if

Donald Trump ends up taking the stand

and do you believe that this will have

any impact on Trump's um willingness to

actually take the stand or do you think

he's already made that decision up

anyway I don't think Donald Trump can

take the stand for a New York minute

without lying committing perjury and you

know his lies are so transparent when he

tells them uh I I don't think there's

any chance he was going to take the

stand even before getting this uh sand

Deval notice which is devastating if the

jurors are presented with 13 instances

of serious misconduct by Donald Trump do

you really think they're going to give

him the benefit of the doubt when it

comes time to judge his guilt of the 34

falsifying business records crimes for

which he's been indicted in this case

Glenn is there any reason that Donald

Trump might opt to actually take the

stand and testify here or does he

actually stand to benefit more from just

sitting down and shutting up the entire

time yeah you know Brian he has the

right to remain silent I don't think

Donald Trump has the ability to remain

silent um but I think as a attorneys

will recommend to him in the strongest

possible terms that it's not going to

inure to your advantage if you take the

stand in this case now listen Donald

Trump may be so full of himself that he

thinks he can win over the jurors and

remember he only has to win over one jur

if he wins over one jur with his bluff

and his Bluster and his Bull on the

stand well then that could result in a

hung hung jury and a mistrial the good

news is if the jury hangs in other words

if they can't decide the case

unanimously either for guilt or not

guilty AC quitt then the prosecutors can

retry it and let me tell you I did a lot

of retrials in my years ordinarily um

prosecutors fine-tune their presentation

of the evidence and the retrial goes a

little bit better and often will result

in a conviction even after the first

case hung and we've spoken about the

prospect of hung jury before but just

for posterity here for those who are

just watching this for the first time uh

would would would a retrial happen

immediately what would the timing of

that look like a retrial would almost

certainly be pushed off into the future

at least a month two months three months

because you know judges actually stack

up their trials so I can promise you as

soon as the Trump trial is over judge

Muran probably has three other trials

that are in the Chute and ready to go

just waiting for the Trump trial to

conclude it doesn't mean that in this

case which is really unique right a

former president of the United States

who interfered in the 2016 election to

get elected and he's running for

presidency again I mean I think time is

of the essence and the American people

deserve to know if he ends up being the

nominee for the Republican Party whether

they're going to the polls and casting

their vote for a convicted felon or for

a fully innocent exonerated man so I

think there's an off chance that judge

Maran will say listen I'll give you a

week or two but if the jury hangs we're

going right back in to a retrial because

we need to resolve this case well do you

think the fact that also this jury

selection process seems to be going whip

fast and uh and also judge michan likely

gave himself some padding I mean this is

a major trial it's probably the biggest

trial one of the biggest trials that's

ever happened in American history

chances are he didn't butt the butt this

up right against you know his very next

trial with only like a day or two to

spare so I'm assuming he gave himself a

little bit of cushion so in the event

that there is a hung jury do you imagine

that they would be able you know given

how much how quickly the jury selection

is happening and also some cushion that

he may have given himself at the end

that we could see an immediate retrial I

would say a possibility but not a

likelihood the other thing that we have

to keep in mind is that anytime you're

getting ready to go to trial you have to

go out and subpoena all of the witnesses

for the new trial date you have to you

have to coordinate with their schedules

I mean you know everybody's got their

their lives to live and so you know it

really is a Herculean task to get

everybody back together to go right back

into a retrial not impossible I just

don't see it as all that likely all

right well obviously everybody's doing

everything they can to make sure the

trial worked correctly the first time

and and that's what we'll continue to

follow along with so for those watching

right now if you want to follow along

with everything that happens in this

first Trump prosecution as it continues

to progress please make sure to

subscribe the links to both of our

channels are right here on the screen

you can hover your mouse right over both

of the links to our channels and just

hit the Subscribe button I'm Brian

teller Cohen and I'm Glenn kersner

you're watching the legal breakdown

[Music]