Manhattan prosecutor makes BRILLIANT move to SHUT DOWN Trump

The Legal Breakdown with BTC & Glenn Kirschner
12 Apr 202408:39

Summary

TLDRThe Manhattan District Attorney's strategic move to prosecute Alan Weisselberg, Donald Trump's CFO, for a second time, effectively neutralizes him as a credible defense witness in Trump's upcoming criminal trial. Weisselberg's conviction for perjury, along with his prior involvement in a 15-year fraud scheme, undermines his credibility and prevents him from bolstering Trump's defense. This development highlights the importance of witness credibility and the prosecution's ability to corroborate Michael Cohen's testimony, which is critical to the case.

Takeaways

  • 🏛️ The Manhattan District Attorney's office has made a strategic move by prosecuting Alan Weisselberg, Trump's former CFO, for a second time, aiming to neutralize his potential defense testimony in Trump's upcoming criminal trial.
  • 🔁 Weisselberg was previously convicted for his role in a 15-year-long tax fraud scheme involving the Trump Organization and served time in Rikers Island.
  • 🚫 Despite his initial conviction, Weisselberg did not cooperate with authorities against Trump, instead choosing to lie under oath in the New York fraud trial, further damaging his credibility.
  • 👨‍⚖️ The prosecution's decision to charge Weisselberg with perjury is seen as a two-pronged strategy: holding him accountable for lying under oath and preventing him from being a credible defense witness for Trump.
  • 🤵 Alan Weisselberg's refusal to testify against Trump, despite the potential benefits of cooperation, highlights his loyalty and presents a challenge for the prosecution's case.
  • 📝 Michael Cohen, another former Trump associate, is a key witness in the case, and his testimony is supported by corroborating evidence, including checks Trump allegedly wrote from the Oval Office.
  • 🏛️ The case against Trump involves financial fraud claims and the payment of hush money, with Weisselberg's prior testimony and perjury charges directly related to these matters.
  • 📅 The trial is expected to start on April 15th, and there is anticipation over how the various witness testimonies and evidence will play out.
  • ⚖️ The concept of presidential immunity is discussed, with the argument that Trump's actions, even if they occurred while he was a candidate, do not qualify for such immunity.
  • 🔗 The discussion underscores the complexity and high stakes of the legal proceedings, with the potential to significantly impact public perception and legal outcomes.

Q & A

  • What is the significance of the Manhattan DA's decision to prosecute Alan Weisselberg a second time?

    -The Manhattan DA's decision to prosecute Alan Weisselberg a second time is strategic as it aims to neutralize him as a credible defense witness in Donald Trump's upcoming criminal trial. By having Weisselberg convicted a second time for perjury, his credibility is severely damaged, making it difficult for Trump's defense to use him to counter Michael Cohen's testimony.

  • What was the nature of the first prosecution against the Trump Organization and Alan Weisselberg?

    -The first prosecution against the Trump Organization and Alan Weisselberg was for involvement in a 15-year-long criminal scheme to defraud in the first degree. Weisselberg pleaded guilty and was convicted based on his guilty plea, serving a sentence at Rikers Island.

  • Why did Alan Weisselberg return to Rikers Island?

    -Alan Weisselberg returned to Rikers Island because he was prosecuted a second time by District Attorney Alvin Bragg for committing perjury during Donald Trump's New York fraud trial.

  • How did Alan Weisselberg's perjury impact the potential defense strategy in Donald Trump's trial?

    -Weisselberg's perjury negatively impacted the potential defense strategy by diminishing his credibility as a witness. His status as a two-time convicted felon and proven perjurer would make it challenging for Trump's lawyers to effectively call upon him to refute Michael Cohen's testimony.

  • What was the role of Michael Cohen in the Trump Organization's case?

    -Michael Cohen was a key witness in the case against the Trump Organization. He claimed that Trump directed him to make financial arrangements with Stormy Daniels during the 2016 campaign, and that Trump reimbursed him for these payments from the Oval Office after his election as President.

  • How does the prosecution plan to support Michael Cohen's testimony?

    -The prosecution plans to support Michael Cohen's testimony through hard corroboration, including evidence that Cohen made payments at Trump's direction and that Trump reimbursed him with checks written from the Oval Office, thereby showing a clear connection between the payments and Trump's actions.

  • What is the relevance of the timing of the reimbursement checks in the context of presidential immunity?

    -The timing of the reimbursement checks is relevant because it could potentially impact the argument around presidential immunity. If the checks were written while Trump was President, it might be argued that they were part of his official duties. However, experts suggest that such payments would not qualify as official acts and thus would not be protected by presidential immunity.

  • What is the current status of the presidential immunity argument in the courts?

    -As of the time of the transcript, the issue of presidential immunity is currently being considered by the Supreme Court. There is no precedent for presidential immunity against prosecution, and it is unclear how the court will rule on this matter.

  • What was Weisselberg's role in the civil fraud trial related to financial claims made last year?

    -In the civil fraud trial, Weisselberg admitted to perjury by lying about his knowledge of the valuation of Donald Trump's Penthouse in Midtown Manhattan. As part of a plea agreement, he did not have to commit to testifying in the hush money payment case.

  • What is the potential sentence for Weisselberg's perjury conviction?

    -Weisselberg could potentially be sentenced to up to 5 months in prison for his perjury conviction.

  • How does Weisselberg's loyalty to Trump affect his role as a witness?

    -Weisselberg's loyalty to Trump makes him a challenging witness for the prosecution because he has not agreed to testify against Trump. Instead, he has chosen to go to jail at the age of 77 rather than provide truthful testimony against his former boss.

  • What is the expected start date for Donald Trump's criminal trial?

    -The criminal trial for Donald Trump is expected to start on Monday, April 15th.

Outlines

00:00

🔍 Prosecution Strategy and Weisselberg's Conviction

This paragraph discusses the strategic move by Manhattan District Attorney Alvin Bragg in prosecuting Donald Trump's former Chief Financial Officer, Alan Weisselberg, for a second time. Weisselberg's initial conviction was for involvement in a 15-year-long criminal tax fraud scheme within the Trump organization. Despite serving 100 days of his five-month sentence, Weisselberg was called as a witness in Trump's fraud trial, where he perjured himself in an attempt to aid Trump. The paragraph highlights the implications of Weisselberg's perjury conviction on his credibility as a potential witness in Trump's upcoming trial, emphasizing that his second conviction has effectively neutralized him as a credible defense witness due to his status as a two-time felon and proven perjurer.

05:03

🤝 The Impact of Weisselberg's Loyalty on Testimony可信度

This paragraph delves into the challenges faced by the prosecution in the absence of Alan Weisselberg's testimony against Donald Trump. Despite Weisselberg's loyalty to Trump, demonstrated by his refusal to testify against him, the paragraph discusses the corroborating evidence supporting Michael Cohen's testimony. It mentions the reimbursement checks written by Trump from the Oval Office, which undermine any potential claim of presidential immunity for the crimes committed. The paragraph concludes by highlighting the significance of the upcoming trial, which is expected to start on April 15th, and encourages viewers to follow the case for updates.

Mindmap

Keywords

💡Strategic move

A strategic move refers to a carefully planned action designed to achieve a particular goal or advantage. In the context of the video, it is used to describe the Manhattan District Attorney's decision to prosecute Alan Weisselberg for a second time, which is seen as a calculated step to weaken Trump's defense in his upcoming criminal 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 of law to determine their guilt or innocence. In the video, the upcoming criminal trial refers to the case against Donald Trump and his organization in New York, which is significant as it is the first of its kind for Trump.

💡Alvin Bragg

Alvin Bragg is the Manhattan District Attorney who has initiated the second prosecution of Alan Weisselberg. As the top prosecutor in Manhattan, Bragg's actions and decisions significantly influence the legal proceedings and strategies related to the cases he oversees.

💡Perjury

Perjury is the act of lying or making false statements under oath, which is a criminal offense. In a court of law, witnesses are required to tell the truth, and perjury can have serious legal consequences. In the video, Alan Weisselberg is accused of committing perjury by lying under oath during Trump's New York fraud trial.

💡Credibility

Credibility refers to the quality of being trusted and believed, especially in a court of law. A credible witness is one who is seen as reliable and truthful, while a lack of credibility can undermine a witness's testimony. In the video, Alan Weisselberg's credibility is called into question due to his past actions and convictions.

💡Plea agreement

A plea agreement is a negotiation between the defendant and the prosecutor in a criminal case, where the defendant agrees to plead guilty or no contest in exchange for some form of leniency, such as a reduced sentence or the dropping of other charges. In the video, Alan Weisselberg's plea agreement is mentioned in relation to his conviction for the 15-year-long criminal scheme to defraud.

💡Trump organization

The Trump Organization refers to a group of approximately 500 business entities of which Donald Trump is the president and sole or primary owner. It is involved in various industries, including real estate, hotels, casinos, and golf courses. In the video, the Trump Organization is central to the discussion of the criminal scheme to defraud and the legal proceedings against its employees, including Alan Weisselberg.

💡Michael Cohen

Michael Cohen is a former attorney and fixer for Donald Trump who has become a significant figure in legal proceedings against Trump and his organization. He has provided testimony and evidence in various cases and has been a key witness in investigations related to Trump.

💡Presidential immunity

Presidential immunity is a legal concept that suggests the President of the United States may not be subject to certain legal proceedings while in office. However, this concept is not clearly defined or universally accepted, and its applicability is currently a matter of legal debate.

💡Hush money payment case

The hush money payment case refers to the legal investigation and subsequent criminal charges related to payments made to silence individuals during the 2016 presidential campaign. These payments were allegedly made to prevent damaging information about Trump from becoming public.

💡Corroboration

Corroboration is the act of providing additional evidence that supports or confirms the truth of a statement or claim. In legal proceedings, corroboration is crucial for establishing the credibility and reliability of a witness's testimony.

Highlights

Manhattan DA Alvin Bragg's strategic move to neutralize Trump ahead of his criminal trial in New York.

The first criminal trial that Trump will be contending with, involving his longtime CFO, Alan Weisselberg.

Weisselberg's prosecution for being involved in a 15-year-long criminal scheme to defraud in the first degree.

Weisselberg's guilty plea and subsequent conviction for his role in the fraud scheme.

Weisselberg's return to Rikers Island jail after being prosecuted a second time by DA Alvin Bragg.

Weisselberg's refusal to testify against Trump and his commitment to stand by his boss despite the legal consequences.

The prosecution's challenge of not being able to call Weisselberg as a witness due to his established dishonesty.

The potential impact of Weisselberg's perjury on Trump's trial, as it undermines his credibility as a defense witness.

The strategic advantage for the prosecution in having Weisselberg convicted of perjury, effectively neutralizing his testimony.

The significance of Weisselberg's perjury prosecution as a 'Justice twofer', holding him accountable and preventing his credible defense testimony.

The potential sentencing of Weisselberg up to 5 months in prison for his perjury, without testifying against Trump in the hush money payment case.

The corroboration of Michael Cohen's testimony through Trump's reimbursement checks written from the Oval Office.

The discussion on the non-existence of presidential immunity in the context of Trump's case, specifically regarding the reimbursement checks.

The anticipation of the trial starting on April 15th and the public's ability to follow along through subscription to the channels.

The unique legal situation of a former president facing criminal charges and the implications for the legal system and future cases.

The importance of the trial in setting a precedent for holding powerful figures accountable for financial fraud and campaign violations.

The role of character and loyalty in witness testimony, as exemplified by Weisselberg's unwavering support for Trump despite legal risks.

Transcripts

00:00

you're watching the legal breakdown so

00:01

Glenn you're calling this a strategic

00:03

move by the Manhattan da to neutralize

00:06

Trump ahead of his criminal trial in New

00:08

York that's the first criminal trial

00:09

that he'll be contending with can you

00:10

speak on what uh Manhattan da Alvin

00:12

Bragg just did yeah so this makes me

00:15

long for my trial days there's so much

00:18

strategy Brian that goes into the

00:20

prosecution not only preparing its case

00:24

but trying to defeat the defendant's

00:27

case even in advance of trial so here's

00:29

what just happened Donald Trump's

00:31

longtime Chief Financial Officer CFO

00:34

Alan weisselberg was sent back to Riker

00:38

Island back to jail on Wednesday why

00:41

because he was prosecuted a second time

00:45

by district attorney Alvin Bragg you may

00:47

remember the first time was when the

00:49

Trump organization was being prosecuted

00:53

for being involved in a 15-year-long

00:56

criminal scheme to defraud in the first

00:59

degree as part of that investigation

01:02

Alan weisselberg pleaded guilty to being

01:05

involved in that 15-year-long criminal

01:08

scheme to defraud and he was convicted

01:11

pursuant to his guilty plea and he was

01:13

sent to Riker's Island where he was to

01:15

serve a five Monon sentence he got out

01:18

uh I think at a 100 days for um some

01:21

credit for good time but you would think

01:24

that would make Alan weiselberg learn

01:26

his lesson but no Alan weiselberg

01:30

finished up that that sentence he then

01:32

was called as a witness at Donald

01:34

Trump's New York fraud trial and he lied

01:38

he committed perjury lied under oath

01:42

which um in part had the the impact of

01:46

trying to help Donald Trump get away

01:48

with some of his fraud now Alan

01:50

weiselberg has never flipped on Donald

01:52

Trump he has never been willing to talk

01:55

about or testify about the crimes of his

01:58

boss and benefactor actor Donald Trump

02:01

right so the prosecution can't possibly

02:05

put Alan weiselberg on the stand to say

02:07

anything about this conversation with

02:09

Michael Cohen because he's a great big

02:11

liar right however the defense could

02:15

call Alan weiselberg to say wait a

02:17

minute I never had that conversation

02:19

with Michael Cohen in an effort to knock

02:21

down one of the star Witnesses Michael

02:23

Cohen but now Alan weiselberg is in

02:26

Rikers so if Alan weberg proven a proven

02:30

perjurer he's going to be sitting there

02:31

in a prison jumpsuit what absolutely and

02:35

mind you Brian I've called Witnesses in

02:36

prison jumpsuits quite often when they

02:39

were cooperating Witnesses they were

02:41

serving time for what they did they

02:43

flipped and they agreed to testify

02:45

truthfully and I could corroborate the

02:47

truth and accuracy of their testimony

02:50

that's the only way I would call them

02:51

but now let Donald Trump's lawyers try

02:53

to call Alan weisselberg to help Donald

02:56

Trump out he'll be coming over from

02:57

Rikers in a jumpsuit Plus he's now a

03:00

two-time convicted felon once for you

03:03

know committing all kinds of crimes as

03:05

the CFO for the Trump organization but

03:08

even more importantly lying at Donald

03:10

Trump's prior fraud trial trying to help

03:13

him out so if people will excuse my

03:16

indelicate language just this once Alan

03:19

weisselberg credibility is lower than

03:21

whale it doesn't get any lower

03:24

right so I I see this whole perjury

03:27

prosecution as a bit of a Justice twofer

03:30

it's great that he's being held

03:32

accountable for the perjury that he

03:35

engaged in but it's also good because he

03:38

has been neutralized and he can't

03:40

possibly now be called as a credible

03:42

defense witness at Donald Trump's trial

03:45

Alan weiselberg is such a striking

03:47

figure in all of this but to dat he has

03:50

still yet to testify against Donald

03:52

Trump and that is what makes him so

03:54

striking he already spent 100 days at

03:57

the Rikers Island jail complex in part

04:01

of the tax scheme in which he took uh

04:04

perks from the Trump organization and

04:06

during that trial he testified against

04:09

the Trump organization but not Donald

04:12

Trump now fast forward this has

04:14

everything to do with his testimony

04:16

related to the Civil fraud trial over

04:18

the repeated financial fraud claims that

04:20

were made last year and what he has

04:23

already admitted to the court is is that

04:24

he perjured himself by lying about the

04:27

extent to what what he knew about the

04:29

value ation of Donald Trump's Penthouse

04:31

here in Midtown Manhattan and so we are

04:33

looking at him being potentially

04:35

sentenced up to 5 months in prison but

04:37

as part of this plea agreement he did

04:39

not have to commit to testifying in the

04:41

hush money payment case so again we see

04:44

Alan weiselberg this key figure for more

04:46

than 50 years to the Trump organization

04:49

not directly testifying against Donald

04:51

Trump yet at the same time you go back

04:53

and you're talking about Michael Cohen

04:55

Michael Cohen says the one other person

04:57

that heard Donald Trump directly tell

04:59

him in 2016 to go and set up that uh

05:02

Financial arrangement with Stormy

05:04

Daniels was Alan weiselberg and so part

05:06

of the struggle with the trial is if you

05:08

don't have Alan weiselberg agreeing to

05:09

testify and instead going out to Riker's

05:12

Jail at the age of 77 years old that is

05:15

a difficult witness here in somebody who

05:17

is clearly agreeing to stand on the side

05:19

of his old boss and willing to go to

05:21

jail instead of truthfully testifying

05:22

against him and so now basically the

05:24

jury will have to rely on Michael

05:26

Cohen's testimony without any what would

05:28

be an inevitable rebuttal by Alan

05:31

weiselberg who has proven that he's

05:32

always willing to back up Donald Trump

05:34

no matter the cost exactly and the

05:37

prosecutors have so much corroboration

05:40

supporting and affirming evidence that

05:42

will show Michael Cohen to be a truth

05:45

tell for example Michael Cohen made

05:47

these payments at the direction of and

05:50

for the benefit of Donald Trump and then

05:52

what did Donald Trump do he started

05:54

writing Michael Cohen reimbursement

05:57

checks to pay him back and in fact he

06:00

was writing those checks out of the Oval

06:03

Office after he was elected as president

06:06

so there's lots of Hard corroboration

06:09

that will enable the jury to credit

06:11

Michael Cohen's testimony because it

06:13

will be supported in a number of ways

06:16

now just one one quick side note here I

06:19

know that we had spoken about the

06:20

prospect of trump attempting to delay

06:22

this trial by invoking Presidential

06:23

immunity that's obviously what happened

06:25

in the DC prosecution and it's what

06:27

they're seeking to have happen here in

06:29

the Manhattan trial as well would the

06:31

fact that he was writing these

06:32

reimbursement checks from the Oval

06:34

Office be enough of a predicate to be

06:36

able to have presidential immunity apply

06:38

because the bulk of this crime actually

06:40

committed was committed while he was a

06:42

candidate for office not president but

06:44

if he was writing these reimbursement

06:46

checks while he was President then does

06:48

that give him enough of a predicate to

06:49

be able to to basically invoke

06:52

presidential immunity it gives him less

06:54

than zero and here's why first of all

06:57

presidential immunity against prosecut

07:00

is not a thing no court has ever said it

07:02

actually exists we understand the

07:05

Supreme Court has that issue in their

07:07

hot little hands now but in the unlikely

07:10

event they say there is some minimal

07:13

presidential immunity kind of around the

07:15

edges at the outer perimeter of a

07:18

president's official acts there's no way

07:22

that writing reimbursement checks for

07:25

these hush money payments that were

07:28

designed in the first instance to gain

07:30

unfair advantage in a presidential

07:33

election those would not be official

07:36

acts of a president not at the Outer

07:38

Perimeter not at the inner perimeter

07:41

nowhere so you know what presidential

07:44

immunity one way or the other regardless

07:47

of what the Supreme Court might say

07:49

these acts would not qualify all right

07:52

well I mean it really is a sign of the

07:54

times that this is a question we're

07:56

asking whether whether a non-existent

07:58

premise of president immunity to cover a

08:00

president from criminal activity would

08:03

count if he was writing his own

08:05

reimbursement checks for campaign

08:06

violations from the Oval Office I mean

08:08

it is just Insanity on top of insanity

08:10

and yet thanks to Donald Trump here we

08:12

are uh with that said uh we will follow

08:15

along with this case as it continues to

08:16

progress and hopefully ends up in trial

08:19

starting on Monday April 15th as it's

08:21

expected to do so for those watching

08:23

right now if you want to follow along

08:25

please make sure to subscribe the links

08:26

to both of our channels are right here

08:27

on the screen I'm Brian teller Cohen and

08:30

I'm Glenn kersner you're watching the

08:31

legal breakdown

08:33

[Music]