Trump's lawyers CRASH AND BURN with failure during trial

The Legal Breakdown with BTC & Glenn Kirschner

9 May 202415:04

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

🚨 The Trump team's attempt to preclude Karen McDougall from testifying was unsuccessful, indicating the prosecution's confidence in their case.
📉 The decision to not call McDougall suggests that the prosecution believes their evidence is strong without her testimony.
🗣️ Trump's attorneys have made multiple mistrial motions, possibly to influence public opinion and preserve grounds for appeal.
👎 Repeated mistrial motions may risk the defense's credibility with the court if they are perceived as frivolous.
🤔 The defense's strategy of denying the affair with Stormy Daniels could backfire if it implies that Daniels is committing perjury.
🧐 The defense's aggressive approach towards Daniels may be influenced by Trump's desire for a more confrontational strategy.
💭 The jury may infer from Trump's silence, but they cannot hold his decision not to testify against him due to the Fifth Amendment.
💰 The payment of $130,000 to Daniels by Trump for her silence could suggest a reason to doubt the defense's narrative.
🛌 The subject of Melania Trump's sleeping arrangements could have been used to rebut Daniels' testimony, but it was not pursued.
🚫 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.
⏱️ 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

00:00

😀 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.

05:00

😠 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.

10:01

🤔 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

💡Mistrial

A mistrial is a legal term referring to a trial that has been rendered invalid due to a procedural error, misconduct, or other issues that prevent a fair trial. In the video, Trump's attorneys have moved for a mistrial multiple times, which is seen as a strategic move to appeal to public opinion and preserve grounds for appeal, even though the judge has rejected these motions.

💡Karen McDougall

Karen McDougall is a woman who allegedly had an affair with Donald Trump. The decision by the DA's office not to call her as a witness is mentioned as a sign of the prosecution's confidence in their case, as they feel they have enough evidence without her testimony. This is a significant development in the trial's context.

💡Stormy Daniels

Stormy Daniels is an adult film actress who has alleged having an affair with Donald Trump and has testified in the trial. Her testimony and the defense's approach to questioning her are central to the video's discussion, highlighting the strategy and potential implications for the case.

💡Public Opinion

Public opinion refers to the collective views of the public on a particular matter. The video discusses how the defense's actions, such as calling for a mistrial, may be aimed at influencing public opinion and shaping the narrative around the case, rather than solely focusing on legal strategy.

💡Credibility

Credibility in a legal context refers to the believability and trustworthiness of a witness or attorney. The video highlights concerns that Trump's attorneys might be losing credibility with the court due to their repeated and potentially baseless calls for a mistrial.

💡Fifth Amendment

The Fifth Amendment to the U.S. Constitution protects individuals from self-incrimination, meaning they cannot be compelled to be witnesses against themselves in a criminal case. The video discusses that Trump's decision not to testify cannot be held against him, as it is his right under the Fifth Amendment.

💡Gag Order

A gag order is a legal restraint on the public disclosure of information about a case imposed by a court. In the video, the judge's refusal to modify the gag order to allow Trump to speak freely about Stormy Daniels after her testimony is highlighted as a significant ruling in the trial.

💡Perjury

Perjury is the act of lying or making false statements under oath, which is a criminal offense. The video discusses the implication that if Trump's team is correct in their denial of an affair, Stormy Daniels would be committing perjury with her testimony.

💡Prosecution's Case

The prosecution's case refers to the legal argument and evidence presented by the prosecution in a criminal trial. The video suggests that the prosecution feels confident in their case, as evidenced by their decision not to call additional witnesses and their focus on a narrowed set of evidence.

💡Appeal

An appeal is a legal procedure where a party seeks a higher court's review of a trial court's judgment. The video discusses how defense attorneys might make procedural moves during the trial, such as calling for a mistrial, to preserve issues for potential appeal if the client is convicted.

💡Cross-Examination

Cross-examination is the questioning of a witness by the opposing counsel to test the accuracy and credibility of the witness's testimony. The video highlights the defense's cross-examination of Stormy Daniels and how her responses could impact the jury's perception of the case.

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.