Trump's lawyers CRASH AND BURN with failure during trial
Summary
TLDRThe legal breakdown discusses the recent developments in Trump's New York criminal trial. The prosecution's decision not to call Karen McDougall as a witness is seen as a sign of their confidence in the case following Stormy Daniels' testimony. Trump's team's repeated calls for a mistrial are viewed as a public opinion play and a strategy to preserve potential appeal issues, but may risk losing credibility with the court. The defense's aggressive approach towards Daniels is believed to be influenced by Trump himself, rather than a legal strategy. The judge's refusal to modify the gag order to allow Trump to freely discuss Daniels post-testimony is upheld to maintain the integrity of the trial. The prosecution may be wrapping up their case sooner than expected, indicating a narrowing of the case focus as the trial progresses.
Takeaways
- π¨ The Trump team's attempt to preclude Karen McDougall from testifying was unsuccessful, indicating the prosecution's confidence in their case.
- π The decision to not call McDougall suggests that the prosecution believes their evidence is strong without her testimony.
- π£οΈ Trump's attorneys have made multiple mistrial motions, possibly to influence public opinion and preserve grounds for appeal.
- π Repeated mistrial motions may risk the defense's credibility with the court if they are perceived as frivolous.
- π€ The defense's strategy of denying the affair with Stormy Daniels could backfire if it implies that Daniels is committing perjury.
- π§ The defense's aggressive approach towards Daniels may be influenced by Trump's desire for a more confrontational strategy.
- π The jury may infer from Trump's silence, but they cannot hold his decision not to testify against him due to the Fifth Amendment.
- π° The payment of $130,000 to Daniels by Trump for her silence could suggest a reason to doubt the defense's narrative.
- π The subject of Melania Trump's sleeping arrangements could have been used to rebut Daniels' testimony, but it was not pursued.
- π« The judge rejected the Trump team's request to amend the gag order to allow attacking Daniels post-testimony, citing the need to protect the integrity of the trial.
- β±οΈ The prosecution may be nearing the end of their case, possibly wrapping up earlier than initially expected.
Q & A
What is the significance of the DA's office not calling Karen McDougall to testify?
-The decision not to call Karen McDougall suggests that the prosecutors are confident in their case after Stormy Daniels' testimony. It indicates that they believe they have strong enough evidence without additional witnesses.
Why do defense teams sometimes move for a mistrial?
-Defense teams may move for a mistrial for several reasons, including to play to public opinion, to signal that something is going wrong with the prosecution's case, or to preserve the right to appeal on the basis of a perceived legal error.
How can making repeated mistrial motions affect a defense attorney's credibility with the court?
-If the judge perceives the motions as frivolous and repetitive without a legal purpose, it may irritate the judge and lead to a loss of credibility for the defense attorney, which can be detrimental to their client's case.
What is the strategy behind Trump's attorneys denying that an affair occurred between Trump and Stormy Daniels?
-This strategy could imply that Stormy Daniels is committing perjury, which is a felony. However, it may not be a smart legal strategy as it puts the defense attorney in a position of attacking the character of a witness, potentially alienating the jury.
Why might the Trump team be taking an aggressive approach in their defense?
-It is suggested that the aggressive approach may be due to directives from Donald Trump himself, who is described as wanting his attorneys to be more forceful and critical of the witnesses.
What impact could the defense's questioning of Stormy Daniels have on the jury?
-The defense's aggressive questioning could backfire if the jury perceives it as an attack on a witness, especially if the witness's responses are measured and believable, which might leave a negative impression of the defense.
Why might Donald Trump not take the stand to testify?
-Donald Trump may choose not to testify to avoid self-incrimination, as he has the Fifth Amendment right not to testify. Additionally, the lack of his testimony does not legally impact the case, though it may affect the jury's perception.
What inference can the jury make if Donald Trump does not testify?
-The jury cannot hold Trump's decision not to testify against him, as it is a constitutional right. However, they may draw their own conclusions based on the evidence presented and the absence of Trump's personal testimony.
Why did the judge reject the Trump team's request to amend the gag order after Stormy Daniels' testimony?
-The judge rejected the request to maintain the integrity of the trial and to prevent any retaliation or attack on witnesses, which could potentially influence other witnesses' willingness to testify.
What does the payment of $130,000 to Stormy Daniels imply to the jury?
-The payment could imply that there is some truth to Stormy Daniels' claims, as it is unlikely that Trump would pay such a large sum for a fabricated story. However, the jury must focus on the presented evidence rather than assumptions.
How might the prosecution's case be narrowing as the trial progresses?
-As the prosecution assesses the persuasiveness of the witnesses and the impact of the defense's cross-examinations, they may decide to focus on the most compelling evidence and witnesses, thus narrowing their case to present a stronger argument to the jury.
Outlines
π Trump's Team's Strategy and Mistrial Motions
The first paragraph discusses the legal strategy of Donald Trump's attorneys during his New York criminal trial. The defense team has moved for a mistrial multiple times, which is seen as an attempt to appeal to public opinion and preserve grounds for appeal if necessary. The decision by the DA's office not to call Karen McDougall as a witness is interpreted as a sign of the prosecution's confidence in their case. The paragraph also touches on the potential impact of the defense's tactics on their credibility with the court.
π Trump's Attorneys and Their Approach Toward Stormy Daniels
The second paragraph delves into the tactics used by Trump's attorneys during Stormy Daniels' testimony. The defense's strategy of aggressively questioning Daniels and denying the affair is critiqued as not being a smart legal move, potentially implying that Daniels is committing perjury. The discussion suggests that the defense may be influenced by Trump himself, who is reported to be pushing for a more aggressive approach. The paragraph also highlights key exchanges during the cross-examination that could sway the jury's perception.
π€ The Implications of Trump's Payment to Daniels and Potential Testimonies
The third paragraph speculates on the significance of Trump's payment to Stormy Daniels and the potential for Melania Trump to testify in rebuttal to Daniels' claims. It questions the logic behind the large payment if Daniels' story were fabricated. The paragraph also addresses the judge's rejection of an amended gag order that would have allowed Trump to speak freely about Daniels after her testimony, emphasizing the importance of maintaining the integrity of the trial and preventing witness intimidation.
Mindmap
Keywords
π‘Mistrial
π‘Karen McDougall
π‘Stormy Daniels
π‘Public Opinion
π‘Credibility
π‘Fifth Amendment
π‘Gag Order
π‘Perjury
π‘Prosecution's Case
π‘Appeal
π‘Cross-Examination
Highlights
Trump's attorneys moved for a mistrial, indicating a potential misstep that could impact the jury's perception.
The decision not to call Karen McDougall as a witness suggests the prosecution feels confident in their case post-Stormy Daniels' testimony.
Prosecutors may be jettisoning witnesses as the case progresses positively, indicating a strong evidentiary foundation.
Trump's team's repeated attempts for a mistrial may be aimed at influencing public opinion and preserving grounds for appeal.
Judge Mhan's consistent denial of mistrial motions suggests a lack of substantial grounds for such requests.
Trump's attorneys risk losing credibility with the court through potentially frivolous and repetitive motions.
The defense's strategy of aggressively questioning Stormy Daniels may be influenced by Trump's directives rather than legal strategy.
Stormy Daniels' cross-examination revealed her assertive responses, which could impact the jury's view.
The absence of Trump's testimony can create an atmospheric void but cannot be held against him due to the Fifth Amendment.
Jurors may infer from unrebutted testimony and the fact that Trump paid Stormy Daniels $130,000 for her silence.
The suggestion of calling Melania Trump as a witness to rebut Stormy Daniels' claims was discussed.
Trump's request to amend the gag order to freely speak about Stormy Daniels was swiftly rejected by Judge Mhan.
Judge Mhan emphasized the importance of the gag order to maintain the integrity of the trial and the administration of justice.
The prosecution intends to wrap up their case within two weeks, potentially sooner with recent developments.
The prosecution's case is narrowing, suggesting a strategic approach as they assess the impact of the presented evidence.
The expectation of a final resolution in the trial is discussed, with anticipation of a potential criminal conviction.
Daily comprehensive coverage of the trial is promised to keep the audience informed as the case progresses.
Transcripts
you're watching the legal breakdown okay
so Glenn we have a blockbuster day in
Trump's New York criminal trial his
attorneys again moved for a mistrial
plus a major mistake that I think is
going to cost them with the jury we're
going to cover all of that but first
just a reminder that Glenn and I will be
doing daily comprehensive coverage of
this criminal trial in New York so if
you want to follow along please make
sure to subscribe okay Glenn first off
Trump's team wanted to preclude Karen
McDougall that's another woman he had an
affair with from testifying and the news
here is that the DA's office has
notified the defense that it will not
call Karen McDougall so it seems like a
win for the Trump team on its face it
seems like a bad development what's your
reaction to this and is this good or bad
news yeah it's actually not a win for
the Trump team it actually signals that
the prosecutors are feeling even more
confident about their case after the
testimony of Stormy Daniels concluded so
let's unravel that you know I can't tell
you how many times during a case I was
Prosecuting Brian that I had very
lengthy witness list but as my Witnesses
began to testify one after another and I
saw that they were performing well and I
saw that the defense attorneys weren't
really able to make any inroads on
cross-examination didn't damage their
credibility you know what I started
doing I started jettisoning Witnesses
deciding I don't need to call as many
witnesses as I originally anticipated
calling so I can almost promise you that
when the prosecutors made the Tactical
decision that you know what we no longer
need the testimony of Karen McDougall
it's a sign that they believe the
quality and quantity of their evidence
is strong so this may on the surface uh
or superficially seem like a win for
team Trump I think it actually is a sign
that the prosecutors are feeling really
comfortable and confident in their case
uh this was also the Trump team's second
attempt in just so many days at uh
declaring a mistrial why do they keep
trying this move like what what do they
have to gain and and could these
desperate attempts actually hurt them
yeah so I think they're they're trying
to accomplish a couple of things one
they're still playing to the court of
public opinion every time there is a
mistrial motion made what happens
everybody starts talking about it
mainstream media picks it up and the
signal goes out
that you know something must be going
sideways in the prosecution's case
because the defense keeps moving for a
mistrial well the reality is nothing is
going sideways and you can tell that
nothing's going sideways because judge
mhan is summarily rejecting denying
mistrial motion after mistrial motion
the other reason they're making their
motions is if the defense perceives that
there is some new error that has been
made for example by judge Maran and
letting in a particular piece of
evidence well then they want to object
to it and when the objection is
overruled they want to move for a
mistrial just to preserve their ability
to argue on appeal when the mistrial is
denied you know what that was a legal
error and judge Maran should have
granted the mistrial motion so often
defense attorneys will object and will
make any number of motions for Relief
like a mistrial motion simply simply to
preserve the issue on appeal so they can
argue it in the event their client is
convicted and appeals his conviction so
you know none of this I I think is of
much consequence it is kind of part of
the trial dance that goes on in most
criminal cases mistrial motions are made
mistrial motions are denied and then the
case continues to its conclusion Glen we
heard earlier where uh Donald Trump's
attorney was risking losing credibility
with the court does doing something like
this these baseless efforts at declaring
a mistrial does that also contribute to
him losing credibility with the court or
Trump's team more broadly losing
credibility with the court potentially
if the judge believes that they are
absolutely frivolous motions and if they
become so repetitive that it's obvious
that they're not doing it for any legal
purpose but really just to you know
either maybe get it out into the court
of public opinion
that will turn a judge against the
defense attorney now judges have to
endure quite a bit Brian and they really
are not supposed to take it out on
Council even when council is sort of
performing in a less than ideal way um
but yes you can irritate a judge and the
judge already upfront told Todd blanch I
think Donald Trump's lead defense
attorney in this case you are losing all
credibility with the court that really
is like a dagger through the heart of a
criminal litigator I don't know if Todd
blanch was ever able to recover from
that but I don't think uh blanch
continuing to make frivolous mistrial
motions will help dig him out of that
credibility deficit in which he finds
himself now Trump's attorneys also made
a remark to Stormy Daniels while she was
on the stand and they were alleging that
she again was just making everything up
and that she and Trump never even had an
affair uh here's Katie Fang's tweet
Trump attorney said you changed your
story many times because you never had
an affair with President Trump stormy's
attorney objected and the objection was
sustained Glenn how in the world is
denying the most obvious part of this
case that they had an affair a smart
strategy for the Trump team because if
Trump's team is telling the truth then
that would mean Stormy Daniels is just
perjuring herself which is a felony
every single day it's not a a smart
legal strategy for the Trump team what
it is is the defense attorney catering
to an overbearing
unrealistic
micromanaging client I am quite sure we
don't know this for a fact but I would
draw the reasonable inference that Trump
told his lawyers you go hard after
stormmy Daniels berate her belittle her
call her names if you want the way I do
I call her horse face I mean that's not
going to endear Donald Trump to the jury
you know mocking woman like that um but
we've seen some New York Times reporting
about what's going on behind the scenes
Donald Trump is venting that his defense
attorneys aren't going hard enough after
Witnesses they're not being aggressive
Enough by extension they're not being
nasty enough these are not legal
strategies that the defense attorneys
are um are deploying these are the kind
of things that um a micromanaging client
who knows nothing about the tactics of a
criminal trial is telling his attorneys
to do you know I was reading some of the
accounts of the cross-examination of
stormmy Daniels and I think it's Susan
necklace is asking her things like you
know you're really good about making up
fake stories about sex on film aren't
you and she said oh I assure you the sex
was real just like what your client did
to me in that hotel room was real I mean
that kind of a comeback in a measured
tone can can really uh sting in the eyes
of the jury there was another great
exchange where the defense attorney said
to stormmy Daniels well this is not the
first time a man made a pass at you is
it she said you know what this is the
first time a man twice my age much
bigger than me with a security guard
standing outside the door made a pass at
me you know again answers like that oh
that's going to leave a mark also it it
does raise the question if if they're
contending that she's lying there is a
way for Donald Trump to put his own neck
on the line and that's just to take the
stand and testify what he's saying which
is that he never had an affair with
Stormy Daniels and yet it doesn't seem
like he's going to do that so I'm sure
the jury can infer something from that
correct no they can infer nothing from a
defendant who chooses not to testify
they cannot hold that against a
defendant in any way because every
defendant has a Fifth Amendment right
not to testify not to incriminate
himself um but they will be drawing
conclusions if um the testimony of
stormmy Daniels is largely unrebutted
right under oath she said over the
course of seven hours you bet I had this
encounter with Donald Trump um and there
were some phone records backing up the
fact that um she had Trump's phone
number and Trump's assistant had her
phone number um but they're going
they're going to be drawing conclusions
about Stormy Daniels credibility and
about what actually happened but the one
thing they can't do is say well we
didn't hear from Donald Trump during the
course of the trial so we're going to
hold that against him because you know
listen I defend everybody's right
against self-incrimination and not
having their decision to decline to
testify held against them but that
doesn't change the fact that
atmospherically when you have somebody
who's saying something happened and then
just a complete vacuum on the other side
that it doesn't help Trump's testimony
does it no it doesn't and you know here
are a couple of other things to to
consider there's a saying in the law
it's actually a Latin phrase race ipsa
loiter translation the thing speaks for
itself what is the thing Donald Trump
paid Stormy Daniels
$130,000 to shut her up so she wouldn't
tell the story about what happened in
that hotel room you can bet the jurors
aren't foolish enough to believe Donald
Trump paid her
$130,000 because she was going to make
up an encounter with Donald Trump that
doesn't make any sense um here's here's
another thing this may sound too cute by
half but if you really want to call a
witness to rebut what stormy Daniel said
how about you put Melania on the stand
here's why I say that recall that stormy
Daniel said during the encounter in the
hotel room with Donald Trump the subject
of Donald Trump's wife came up
and what did Donald Trump tell Stormy
Daniels according to her testimony he
said don't worry about her we sleep in
separate bedrooms oh well if Stormy
Daniels is making that up then Donald
Trump could call to the stand Melania
and she could testify no we slept in the
same bedroom so obviously Stormy Daniels
is making that up the I think Donald
Trump is going to call Melania to try to
rebut or undercut the credibility of
Stormy Daniels I think so probably not
probably not now the the Trump team also
tried to amend the gag order now that
stormmy Daniels testimony had concluded
and that was to let him be able to speak
freely about her which is Trump speak
for attack her uh this was uh sarily
rejected by the judge he he ordered that
he wouldn't modify the gag order and he
cited how Witnesses who've not yet
testified would see how Witnesses who
had testified would be treated
afterwards uh his his uh judge michan's
quote was your client's track record
speaks for itself can I have your
response to that yeah can you imagine if
judge Maran said you know what I'm going
to prohibit Donald Trump from attacking
Witnesses until they complete their
testimony and then Donald Trump can
retaliate for the fact that they
testified against him it sort of defeats
the purpose of a gag order right isn't
the whole point so that preventing him
from being able to attack Witnesses
wouldn't uh wouldn't allow him to impune
the Integrity of the trial or or uh or
or put in Jeopardy the Integrity of this
trial by preventing these people from
coming forward to testify isn't allowing
him to just retaliate against these
Witnesses after the fact the exact same
thing as allowing him to attack them
beforehand doesn't it still prevent
these people from wanting to come
forward knowing that whether it's before
or after they would still be attacked
yeah to preserve the due administration
of justice to keep this kind of stuff
from leak into the jury box and
infecting the jury's deliberations you
know the judge is making the exact right
call no Donald you can't attack
Witnesses before during or after their
testimony and I think you know a sure
sign that this was an easy call for
judge Maran when the defense said well
Stormy Daniels is done testifying so we
want the gag order modified so Donald
Trump can now attack her for what she
said I mean I I don't think it took much
time at least based on what I can glean
from the reporting between the time the
defense made that motion or renewed the
motion to modify the gag order and the
time that judge Maran shot it down no it
was just a just a few minutes so it
didn't didn't seem like judge mshan had
to dig real deep for this one uh finally
let's finish off with this now that uh
we've had a few Witnesses uh complete
their testimony where are we at in terms
of this trial and how long do you expect
that the remainder of the witness uh the
witness testimonies and the cross-
examinations are going to take yes so
it's interesting just a couple of days
ago the prosecution team said they're
intending to wrap up their presentation
of the evidence what we call the
government's case in Chief within two
weeks now given the McDougall
development it very may very well be
that they're going to be done early next
week so it does feel like things are
accelerating but let me tell you Brian
that's par for the course in so many
criminal trials as prosecutors continue
to assess how much evidence they've
presed presented to the jury you know uh
over the course of the first several
witnesses who have testified how
persuasive it was how little damage the
defense did undermining The credibility
of those Witnesses and then as I say we
often begin jettisoning witness after
witness you know there's a saying when
you investigate the case in the grand
jury you investigate broadly but when
you get to trial you prove your case
narrowly and it sounds like the
prosecution's case is narrowing at this
point all right well we will stay on top
of this case as it continues to progress
and hopefully that's sooner rather than
later that we see a a final resolution
to this thing so that we can see a
criminal conviction uh on the horizon
here so for those watching right now if
you want to follow along please make
sure to subscribe again Glenn and I will
be doing daily comprehensive coverage of
this trial from beginning to end so
please subscribe to both of our channels
the links are right here on this screen
I'm Brian tyer Cohen and I'm Glenn
kersner you're watching the legal
breakdown
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