Trump makes EPIC miscalculation with jury at NY trial

The Legal Breakdown with BTC & Glenn Kirschner

1 May 202413:00

Summary

TLDRIn this episode of 'The Legal Breakdown,' the hosts discuss the strategic missteps made by Donald Trump during his criminal trial in Manhattan. Trump's insistence on micromanaging his legal team, particularly his lead attorney Todd Blanch, is highlighted as a significant issue. The hosts argue that Trump's directive to aggressively challenge the credibility of witnesses like Stormy Daniels and Karen McDougall, despite their compelling testimonies, may alienate the jury. They also touch upon the potential impact of Trump's refusal to admit any wrongdoing, even when it could be a tactical advantage in court. The summary suggests that Trump's approach may ultimately undermine his case, as the jury may view his denials as dishonesty, and his aggressive tactics as disrespectful to the judicial process.

Takeaways

📚 Trump's insistence on controlling his defense strategy may be undermining his attorneys' ability to present the best possible case.
🚫 Traditionally, defense attorneys make tactical decisions in a trial, while the client decides on pleas and potential testimony.
🔥 Trump is reportedly unhappy with his lead lawyer, Todd Blanche, for not being aggressive enough and not following Trump's instructions.
🤔 The New York Times reports suggest that Trump's micromanagement could negatively impact the jury's perception of his case.
🚷 Trump's alleged instruction to his lawyers to aggressively challenge the credibility of Karen McDougal and Stormy Daniels could backfire in court.
💬 The public already has a preconceived notion of Trump's character, which may influence how the jury perceives his honesty and integrity.
🧐 Despite the public opinion, jurors are expected to set aside biases and presume Trump's innocence unless proven guilty beyond a reasonable doubt.
🚨 Attacking witnesses and jurors, as Trump is said to instruct, could be a significant strategic error and harm his case.
🤝 Blanche's reluctance or inability to stand up to Trump and make independent tactical decisions is seen as a failure to fulfill his duty as a defense attorney.
📉 Once the jury's trust is lost, it is extremely difficult to regain, which could be detrimental to Trump's case if his lawyers continue their current approach.
🔍 The trial coverage by Glenn and Brian will continue on a daily basis, inviting viewers to subscribe for updates on the legal proceedings.

Q & A

What is the main issue with Trump's approach to his criminal prosecution as discussed in the transcript?
-The main issue is that Trump is trying to micromanage his attorneys and is not allowing them to make tactical choices, which is crucial for an effective defense. This includes decisions about which witnesses to call and how to cross-examine prosecution witnesses.
Why is it a problem for Trump to insist on his lawyers being more aggressive, as reported by the New York Times?
-It's a problem because it undermines the lawyers' ability to make strategic decisions that are in the best interest of the defense. Aggressiveness is not always the best strategy and can potentially alienate the jury.
What does the transcript imply about the role of a defense attorney in a criminal case?
-The defense attorney is responsible for making tactical choices about how to defend a case, including which witnesses to call and how to cross-examine prosecution witnesses. The client typically makes decisions on pleading and testifying, but the attorney should have free rein to make tactical choices.
Why is Trump's insistence on attacking Karen McDougall and Stormy Daniels potentially harmful to his case?
-Attacking these women could alienate the jury, as it may seem like Trump is denying obvious relationships and facts. This could make the jury view him as dishonest and untrustworthy, which could negatively impact their perception of his credibility.
What is the significance of the statement 'once you lose the jury, there's no getting them back'?
-It implies that the jury's perception of the defendant and their case is crucial and once it is damaged, it is very difficult to regain their trust and favor. This is particularly important in a criminal trial where the jury's opinion can directly influence the outcome.
What is the transcript's stance on whether Trump should admit to relationships with Karen McDougall and Stormy Daniels?
-The transcript suggests that Trump should admit to these relationships as they are not directly related to the charges of falsifying business records. It argues that such an admission could be a tactical advantage in the trial, as it would not undermine his innocence regarding the charges.
Why does the transcript suggest that Trump is not interested in pleasing the jurors?
-It suggests that Trump is more interested in maintaining his image and narrative for his base, which involves not admitting to any wrongdoing. Pleasing the jurors might require him to admit to certain relationships or actions that he has previously denied, which could risk his credibility with his supporters.
What does the transcript imply about the role of a lawyer representing a difficult client like Trump?
-The transcript implies that a lawyer should stand up to the client if the client's demands undermine the chances of winning the case. The lawyer's role is to represent the client zealously, not to appease them, even if it means going against their wishes for the sake of a stronger defense.
What is the potential downfall of Trump's strategy as outlined in the transcript?
-The downfall is that by refusing to admit to obvious relationships and facts, Trump is damaging his credibility. This strategy could backfire as it may lead the jury to view him as dishonest, which could negatively impact their perception of his case.
What does the transcript suggest about the jurors' perception of Trump before the trial begins?
-The transcript suggests that while some jurors may have preconceived notions about Trump based on his public persona, they are expected to set aside these biases and decide the case based solely on the evidence presented during the trial.
What is the transcript's view on the importance of credibility in a criminal trial?
-The transcript emphasizes the importance of credibility, stating that once lost, it is very difficult to regain the jury's trust. It suggests that Trump's refusal to admit to certain relationships and facts is damaging his credibility and could negatively impact the outcome of the trial.

Outlines

00:00

🤔 Trump's Self-Sabotage in Court

The first paragraph discusses how Donald Trump's interference with his attorneys' strategy could negatively impact his criminal prosecution in Manhattan. Trump is attempting to micromanage his legal team, which may prevent them from mounting the best defense. The paragraph highlights that typically, defense attorneys make tactical decisions, not the client, and that Trump's insistence on being aggressive and denying any relationship with Stormy Daniels or Karen McDougall could alienate the jury. It also mentions a New York Times article about Trump's dissatisfaction with his lead lawyer, Todd Blanch, and the potential repercussions of attacking witnesses and judges.

05:01

🚫 Trump's Unwavering Denial Strategy

The second paragraph focuses on Trump's continued denial of relationships with certain women and how this could be detrimental to his case. It suggests that Trump's refusal to admit any wrongdoing, even when it might be tactically beneficial, is a strategic mistake. The paragraph also explores the idea that Trump might be priming his base to believe the trial is rigged, thereby maintaining his image as a victim among his supporters. It discusses the difficulty of regaining the jury's trust once lost and the importance of a defense attorney standing up to a client when necessary.

10:03

📛 The Impact of Trump's Public Image

The third paragraph examines the potential influence of Trump's public image on the jury's perception. It acknowledges that many people may already have a negative view of Trump but emphasizes the jurors' duty to set aside biases and focus on the evidence presented during the trial. The paragraph also discusses the corroboration of Stormy Daniels and Karen McDougall's claims and the potential harm to Trump's credibility if his attorneys continue to deny the obvious on his behalf. It concludes with a reminder for viewers to subscribe for ongoing coverage of the trial.

Mindmap

Keywords

💡Micromanage

Micromanage refers to the practice of managing or controlling every aspect of a situation, often to an excessive degree. In the video, it is suggested that Trump is micromanaging his attorneys, which is depicted as a misstep because it could undermine their ability to effectively defend him. An example from the script is the claim that Trump is 'not only trying to micromanage his own lawyers.'

💡Defense Attorneys

Defense attorneys are legal professionals who represent defendants in a court of law. Their role is to provide the best possible defense for their client. The script discusses how Trump's behavior is affecting his defense attorneys' ability to strategize and make tactical choices, which is crucial for his case. The phrase 'defense attorneys are the ones who get to make the tactical choices about how to defend a case' illustrates this concept.

💡Tactical Choices

Tactical choices in a legal context refer to the strategic decisions made by attorneys regarding the conduct of a trial. These include which witnesses to call, how to cross-examine, and the overall approach to the defense. The video emphasizes that these choices are typically made by the attorneys, not the client, and Trump's interference is seen as detrimental. The script mentions 'tactical choices about how to defend a case' in this regard.

💡Jury

A jury is a group of people sworn to render a verdict in a trial based on evidence presented. The video suggests that Trump's actions could negatively influence the jury's perception of him and his attorneys. The importance of not alienating the jury is highlighted, as once lost, it is difficult to regain their favor. The script uses the term in the context of 'Donald Trump has never admitted that he had any relationship or any sexual encounter with Stormy Daniels or with Karen McDougall' and the potential impact on the jury.

💡Scorched Earth

Scorched earth is a military strategy that involves destroying anything that might be useful to the enemy. In a legal context, as used in the video, it refers to an aggressive and destructive approach to a legal case, often involving attacking witnesses or evidence. The script discusses how Trump is instructing his lawyers to go after certain individuals with a 'scorched earth' approach, which could backfire in court.

💡Credibility

Credibility refers to the quality of being believable or trustworthy. In the context of the video, it is suggested that Trump's denial of relationships with certain individuals could harm his credibility with the jury. The script mentions 'you can't even admit to relationships that are pretty darn obvious', indicating that such denials could make Trump appear less credible.

💡Admit Wrongdoing

Admitting wrongdoing involves acknowledging that one has made a mistake or committed an offense. The video discusses a hypothetical scenario where a lawyer advises their client to admit to certain actions to improve their legal standing, but Trump is portrayed as unwilling to do so. The script refers to this concept when it mentions 'my client may have violated the good book but he didn't violate the law book'.

💡Base

In the context of the video, 'base' refers to Trump's core group of supporters. It is suggested that Trump is more interested in maintaining the support and financial contributions of his base than in making tactically sound decisions for his legal case. The script indicates this when it discusses 'priming his base into believing that the whole thing was rigged'.

💡Concede

To concede means to admit that something is true or to accept defeat. The video highlights that Trump's strategy is to 'concede nothing', which is portrayed as a tactical blunder in a legal context. The script uses this term in the context of 'Donald Trump is refusing to let his attorneys concede anything', emphasizing his unwillingness to admit to certain relationships or encounters.

💡Falsification of Business Records

Falsification of business records refers to the act of intentionally making false entries or altering business documents. This is the specific crime that is being discussed in the context of Trump's criminal prosecution. The video suggests that Trump's personal relationships, which he is denying, are irrelevant to the charges of business record falsification. The script mentions 'business records were falsified' in this context.

💡Zealous Representation

Zealous representation is the ethical obligation of an attorney to represent their client to the best of their ability, even when the client's interests may conflict with their own. The video criticizes Todd Blanch, Trump's attorney, for not standing up to Trump and making independent tactical decisions. The script refers to this concept when it discusses how Blanch 'should say... I make the tactical decisions'.

Highlights

Donald Trump is reportedly forcing his attorneys to turn the jury against him by micromanaging and undermining their defense strategy.

Trump's insistence on his lawyers being more aggressive with witnesses is causing a rift and potentially damaging his case.

Ordinarily, defense attorneys make tactical choices, but Trump is allegedly interfering with these decisions.

The New York Times reports that Trump is displeased with his lead lawyer, Todd Blanch, for not following his instructions.

Trump's alleged direction to his lawyers to aggressively discredit Karen McDougal could backfire and alienate the jury.

The belief that admitting to relationships with certain women could help Trump's case tactically, but he refuses to concede for fear of losing credibility with his base.

Prosecutors often present the weaker parts of their case upfront to avoid surprises; Trump's denials could make this more challenging.

Todd Blanch's reluctance to defy Trump may be due to the difficulty of managing a powerful client and the potential career implications.

Once the jury is lost, it is nearly impossible to regain their trust, highlighting the importance of early case management.

Jurors are expected to set aside preconceived notions and decide the case based solely on the evidence presented during the trial.

Despite any preconceived opinions about Trump, the jury is instructed to presume his innocence until proven guilty beyond a reasonable doubt.

The challenge for Trump's legal team is to manage his desire to fight aggressively while maintaining a strategic and credible defense.

The credibility of witnesses like Stormy Daniels and Karen McDougal, and the corroboration of their claims, could weigh heavily on the jury's perception.

Attacking the witnesses may not only fail to discredit them but also harm the defense's standing with the jury.

Trump's unwillingness to admit to obvious relationships could be seen as a tactical error that undermines his credibility.

The hosts, Brian Tyler Cohen and Glenn Kersner, provide daily comprehensive coverage of Trump's criminal prosecution.

Viewers are encouraged to subscribe to both hosts' channels for ongoing trial analysis and updates.