Trump hit with INSTANT bad news in NY court

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

the legal

breakdown