Trump team suffers NIGHTMARE blow in court

The Legal Breakdown with BTC & Glenn Kirschner

17 May 202417:20

Summary

TLDRIn this episode of 'Legal Breakdown,' hosts Glenn Kersner and Brian Tyler Cohen discuss the pivotal cross-examination of Michael Cohen, a key witness in a criminal trial related to Donald Trump. Cohen's testimony, which is potentially damaging to Trump, is scrutinized for its impact on the case. The hosts explore the defense's attempts to discredit Cohen and the prosecution's strategy to reinforce his credibility. They also delve into the importance of documents as evidence and the upcoming redirect examination, which will allow Cohen to clarify his testimony. The crux of the prosecution's argument hinges on the falsification of business records to cover hush money payments, aiming to show an unfair advantage in the 2016 presidential election.

Takeaways

👨‍⚖️ The remainder of Michael Cohen's cross-examination concluded with him likely being the final witness for both the prosecution and the entire trial.
📚 The defense attempted to undermine Cohen's credibility, but the damage to Donald Trump from Cohen's testimony was considered 'deeply damaging' and the defense was not sufficiently successful.
🗣️ Cohen's time on the witness stand totaled around 14 hours, with redirect examination set to begin on Monday.
📑 The importance of documents in the case was highlighted, as they cannot be cross-examined and do not lie, laying out the criminal scheme to falsify business records and cover up hush money payments.
🔍 The prosecution is expected to use redirect examination to clarify any points from Cohen's testimony and to emphasize the stakes for Cohen in telling the truth.
🗣️ Cohen's own voice recordings, expressing a desire for Trump to be held accountable, were played for the jury, indicating his strong feelings against Trump.
🎨 The prosecution aims to paint a picture of Cohen telling the truth to ensure Trump is held accountable, contrasting with his previous lies that only led to his imprisonment.
🚫 The script suggests that it would be against Cohen's interest to lie under oath, as it would undermine the case against Trump and potentially lead Cohen back to prison.
📈 The crux of the prosecution's argument is the falsification of business records to cover up hush money payments, done to gain an unfair advantage in the presidential election.
🎓 The trial was postponed until Monday due to Trump's request to attend his son Baron's graduation, despite a minor discrepancy in Baron's age mentioned by Trump.
📺 The hosts, Brian Tyler Cohen and Glenn Kerschener, encouraged viewers to subscribe to their channels for continued coverage of the trial.

Q & A

What is the significance of Michael Cohen's cross-examination in the trial?
-Michael Cohen's cross-examination is significant as it is likely the defense's final chance to make their case to the jury through a witness. Cohen is a central figure in the trial, and his testimony could be deeply damaging to Donald Trump.
What was the defense's goal during Michael Cohen's cross-examination?
-The defense's goal was to undermine Cohen's credibility, as he had previously testified for the prosecution and his testimony was damaging to Donald Trump.
How did the defense attempt to undermine Michael Cohen's credibility?
-The defense primarily focused on Cohen's faulty memory about some phone calls from 8 years ago and the specifics of what was discussed during those calls.
What is the purpose of redirect examination in a trial?
-Redirect examination allows the party that called the witness to clean up any incomplete or inaccurate answers that arose during cross-examination and to provide context or further explanation that was not possible during the opposing counsel's questioning.
What kind of evidence is most powerful in a criminal case according to the script?
-Documents are considered the most powerful evidence in a criminal case because they can't be cross-examined, they don't lie, and they are not biased in favor of or against a defendant.
What is the crux of the prosecution's argument in this trial?
-The crux of the prosecution's argument is that the defendants falsified business records to cover up the true nature of hush money payments to gain an unfair advantage in a presidential election.
What is the importance of Michael Cohen testifying truthfully about Donald Trump's actions?
-Michael Cohen testifying truthfully is important because it is in his best interest to ensure that Donald Trump is held accountable for his actions. Lying would not only be against his interest but also undermine the case against Trump.
Why is the upcoming redirect examination of Michael Cohen important for the prosecution?
-The redirect examination is important for the prosecution to clarify any issues that arose during cross-examination and to reaffirm to the jury that Cohen is now telling the truth and has a vested interest in ensuring Trump is held accountable.
What is the potential impact of Michael Cohen's testimony on the jury's decision?
-Michael Cohen's testimony could have a significant impact on the jury's decision as he is a central witness with firsthand knowledge of the alleged criminal activities. His truthful testimony could lead to a conviction.
What is the potential outcome if the jury is unable to reach a unanimous verdict?
-If the jury is unable to reach a unanimous verdict, the result could be a hung jury, which would give the prosecutors the opportunity to retry the case with a new jury.
Why did the trial not proceed on a certain Friday as mentioned in the script?
-The trial did not proceed on that Friday because the judge granted Trump's request to be off for Baron's graduation and there might have been some juror conflicts.

Outlines

00:00

👨‍⚖️ Michael Cohen's Cross-Examination and Its Impact on the Trump Trial

The video script discusses the remainder of Michael Cohen's cross-examination, who is likely the final witness in a significant trial. It highlights the importance of this stage as the defense's last chance to undermine Cohen's credibility through his testimony, which was previously damaging to Donald Trump. The speaker, with 30 years of experience as a prosecutor, believes that despite some minor points scored by the defense regarding Cohen's memory of phone calls, the overall case against Trump remains powerful, especially considering the incriminating documents that cannot be cross-examined or biased.

05:02

📚 The Importance of Redirect Examination and Cohen's Motivation to Tell the Truth

This section delves into the process and significance of redirect examination, where the prosecution has the opportunity to clarify or expand upon a witness's testimony following cross-examination. The speaker anticipates that the prosecution will use this chance to address any issues raised and to emphasize Cohen's motivation to tell the truth. The argument is made that Cohen, having admitted to past lies that benefited Trump and having suffered the consequences, now has a vested interest in ensuring justice is served by being truthful. The speaker also provides a hypothetical questioning scenario to illustrate how the prosecution might rebuild Cohen's credibility and underscore his desire for Trump to be held accountable.

10:02

🎓 The Central Role of Michael Cohen's Testimony and Its Effect on Juror Perception

The speaker argues that Michael Cohen's testimony is central to the case against Trump and that not calling him as a witness could have been detrimental to the prosecution's case. Drawing from past experiences where juries were left with questions about absent witnesses, the speaker suggests that Cohen's presence and testimony are crucial for the jury to fully understand and assess the case. Despite minor credibility issues raised during cross-examination, the speaker believes Cohen's overall impact on the trial is more damaging to Trump than beneficial to his defense.

15:03

📈 The Prosecution's Case: Falsifying Business Records for Hush Money Payments

The crux of the prosecution's argument, as outlined in this paragraph, is that Trump and his associates falsified business records to disguise hush money payments made to benefit his presidential campaign, which is a violation of campaign finance laws. The speaker asserts that this case has been proven beyond a reasonable doubt and that any potential acquittal or hung jury would likely be due to a juror's personal political bias rather than the evidence presented. The speaker also discusses the likelihood of a retrial in the event of a hung jury and the high success rate of such retrials based on their experience.

📅 Trial Proceedings and Cohen's Testimony Impact on Trump's Conviction Prospects

The final paragraph addresses the temporary halt in the trial proceedings due to Trump's request to attend his son's graduation, providing a brief commentary on the timing and relevance of this event. The speaker also reflects on the strength of the evidence presented and the likelihood of a conviction for Trump, expressing confidence in the prosecution's case and the difficulty they foresee for Trump to avoid conviction based on the compelling evidence and corroborated testimony presented during the trial.

Mindmap

Keywords

💡Cross-examination

Cross-examination refers to the questioning of a witness by the opposing party's attorney in a legal proceeding. In the context of the video, it is a key part of the trial where the defense attempts to challenge the credibility and testimony of Michael Cohen, who is a central witness in the case discussed. The script mentions that the defense scored a few points on Michael Cohen's memory, but overall, the cross-examination did not significantly undermine the prosecution's case.

💡Credibility

Credibility in a legal context pertains to the believability and trustworthiness of a witness or their testimony. The video discusses the defense's goal to undermine Michael Cohen's credibility, which is crucial because if a witness is deemed not credible, their testimony may be given less weight by the jury. The script indicates that despite some memory issues, the defense did not sufficiently damage Cohen's overall credibility.

💡Redirect Examination

Redirect examination is a phase in a trial where the original questioning party (usually the prosecution) gets a chance to ask additional questions to a witness after the opposing party's cross-examination. The video script highlights the importance of redirect in allowing the witness to clarify or expand upon answers given during cross-examination. It is suggested that the prosecution will use this opportunity to strengthen Cohen's testimony and address any issues raised during cross-examination.

💡Prosecution

The prosecution in a legal context refers to the legal team that represents the government in a criminal case and is responsible for presenting evidence to prove the guilt of the defendant. In the video, the prosecution is leading the case against Donald Trump and has called Michael Cohen as a witness to testify against him. The prosecution's case is said to be powerful, with documents and evidence that are difficult to refute.

💡Documents

In the legal context, documents refer to written or electronic records that can be used as evidence in a trial. The video emphasizes the importance of documents as evidence because they cannot be cross-examined, lie, or be biased. The script mentions that the documents in this case lay out a criminal scheme involving falsification of business records and hush money payments.

💡Falsification of Business Records

Falsification of business records is a crime that involves altering or making false entries in business documents with the intent to deceive or mislead. The video script explains that the crux of the case against Donald Trump is based on 34 felony counts of falsifying business records to cover up hush money payments made to gain an unfair advantage in an election.

💡Hush Money Payments

Hush money payments are sums of money given to someone to prevent them from revealing damaging information. In the video, it is mentioned that these payments were made to cover up the true nature of transactions and were later falsified as business records to hide their purpose, which was to influence the outcome of a presidential election.

💡Campaign Finance Laws

Campaign finance laws are regulations that govern the financing of political campaigns, including the amounts and sources of contributions. The video script discusses how the actions of Donald Trump and Michael Cohen were aimed at circumventing these laws by making illegal payments to hide damaging information from the public during an election campaign.

💡Cooperating Witness

A cooperating witness is someone who was previously involved in criminal activity but has decided to work with the prosecution in exchange for leniency or other benefits. The video describes Michael Cohen as a cooperating witness who has 'flipped' against Donald Trump and is now testifying against him. The prosecution often relies on such witnesses to help build their case.

💡Corroboration

Corroboration in a legal context means providing additional evidence or testimony that supports and strengthens the initial evidence. The video script mentions that Michael Cohen was 'pre-corroborated' before his testimony, meaning that there was already evidence that supported his claims, which adds weight to his testimony and the prosecution's case.

Highlights

The remainder of Michael Cohen's cross-examination marked a significant day in court as he is likely the final witness for the prosecution and the entire trial.

Daily comprehensive coverage of the criminal prosecution is being provided by the hosts for viewers to follow along.

The defense's goal was to undermine Michael Cohen's credibility, but they were not sufficiently successful in doing so according to the hosts' analysis.

Michael Cohen's time on the witness stand totaled approximately 14 hours, with redirect examination to begin on Monday.

Documents presented in the case are emphasized as they cannot be cross-examined and do not lie, providing strong evidence of a criminal scheme to falsify business records.

Redirect examination is crucial for allowing the witness to provide context and explanation to counteract the limitations of yes-or-no answers on cross-examination.

The prosecution will have the opportunity to clarify any issues that arose during Cohen's testimony and to further emphasize the stakes for Michael Cohen.

Michael Cohen's motivation to tell the truth is highlighted, as lying under oath would be against his interest and could lead to further imprisonment.

The prosecution is expected to focus on Michael Cohen's previous lies and his desire for Donald Trump to be held accountable during redirect examination.

The hosts provide a detailed mock testimony of how the prosecution might approach redirect examination to solidify Michael Cohen's credibility and testimony.

The crux of the prosecution's argument is the falsification of business records to cover up hush money payments, which is a clear violation of campaign finance laws.

The hosts discuss the importance of Michael Cohen's testimony for the jury to see him as a central figure in the case, which could influence their decision-making.

The prosecution's case is believed to be strong, with the only potential impediment being a juror's personal political preferences rather than an objective assessment of the evidence.

The trial is temporarily adjourned until Monday due to a request from Donald Trump and potential juror conflicts, allowing a pause before the prosecution's redirect examination.

The hosts encourage viewers to subscribe to their channels for continued coverage of the trial as it resumes.

A humorous anecdote about Donald Trump's son Baron's graduation and the confusion over his age is shared, providing a lighter moment in the discussion.