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.

Transcripts

00:00

you're watching the legal breakdown so

00:01

Glenn big day in court it was the

00:03

remainder of Michael Cohen's

00:04

cross-examination who is likely the

00:06

Final witness not only for the

00:07

prosecution but also the entire trial um

00:10

and there was a lot of news made here so

00:12

we're going to dig into that but first

00:13

just a reminder for those watching Glenn

00:15

and I will be doing daily comprehensive

00:16

coverage of the entirety of this

00:18

criminal prosecution so if you want to

00:20

follow along please make sure to

00:21

subscribe okay uh Glenn today was

00:23

monumentally important it was likely the

00:25

defense's final chance to make their

00:27

case to the jury through a witness we

00:29

spoke after Michael Cohen testified for

00:31

prosecutors he was deeply damaging to

00:33

Donald Trump and so the defense's goal

00:35

here was to undermine Cohen's

00:37

credibility did they accomplish that

00:39

goal um not sufficiently to undermine

00:42

the prosecution's case now to be fair

00:45

they scored a couple of points here and

00:48

there primarily I think on what was

00:50

likely faulty memory about some phone

00:53

calls from 8 years ago and precisely

00:56

what was discussed during which phone

00:58

call all of which is fully expected but

01:01

um you know Michael Cohen was on the

01:03

witness stand for a total of about 14

01:06

hours and he's not done yet redirect

01:09

examination will begin on Monday when

01:11

court is back in session but over the

01:13

course of 15 hours the defense may have

01:16

scored a point here a point there but in

01:18

my estimation and my experience

01:21

assessing the strength and quality of

01:23

evidence in criminal cases for 30 years

01:25

as a prosecutor I don't think they did

01:28

nearly enough to undermine what was a

01:31

really powerful case on the other

01:33

evidence and most importantly on the

01:36

documents documents can't be

01:38

cross-examined documents don't lie

01:40

documents are not biased in favor of or

01:44

against a defendant and the documents

01:46

lay out this criminal scheme to

01:49

basically falsify business records to

01:52

cover up the true nature of hush money

01:54

payments to gain unfair advantage in a

01:57

presidential election none of the

02:00

cross-examination of Michael Cohen over

02:03

the course of probably 10 hours that it

02:06

lasted did anything to significantly

02:09

chip away at the incriminating evidence

02:12

now the prosecution as you mentioned is

02:13

going to have one final opportunity uh

02:16

for Cohen to testify and what's called

02:18

redirect what can they do here that

02:20

might button up some of the issues that

02:21

Cohen's testimony posed yeah redirect

02:24

examination is so important so the party

02:27

calling the witness when the prosecution

02:29

calls a witness that's called direct

02:31

examination and we have to ask

02:33

open-ended questions we can't lead the

02:35

witness we can't suggest the answer in

02:38

our questions but on cross-examination

02:40

that's when the opposing Council gets to

02:42

go after the witness isn't it true yes

02:45

or no and they try to box the witness in

02:48

but Brian our common life experience

02:51

tells us that sometimes you can't answer

02:53

a question with a simple yes or no you

02:56

need to explain you need to put it in

02:58

context um so on redirect examination

03:01

when the prosecutors come back it is the

03:04

opportunity to clean up anything they

03:06

think needs to be cleaned up as a result

03:09

of how the cross-examination played out

03:12

so if Michael Cohen wanted to explain

03:14

something but was forced into a yes or

03:16

no answer the prosecutor will come back

03:18

and say Mr Cohen let's go back to the

03:21

other day when you were asked X Y and Z

03:23

and you wanted to explain and the

03:24

defense attorney said no sir just a yes

03:26

or no answer go ahead and explain now is

03:29

your opport opportunity to tell the jury

03:31

what you wanted to tell them so there's

03:33

a lot of that kind of cleanup that goes

03:35

on but even more importantly than

03:37

cleaning up any incomplete or maybe

03:40

inaccurate answer and there will be a

03:42

good bit of that that the prosecutors do

03:44

it's really kind of explaining to the

03:47

jury what the stakes are for Michael

03:50

Cohen what do I mean by that here is a

03:52

flavor Brian of what I expect

03:54

prosecutors to do on cross-examination

03:57

of Michael Cohen after Michael Cohen was

04:00

cross-examined you lied you lied you

04:02

lied before Congress you lied here you

04:05

lied there and Michael Cohen admitted

04:07

all of those lies so the lies that's one

04:10

category that the prosecutor prosecutors

04:13

are going to want to follow up on and

04:15

the other category is Michael Cohen was

04:18

cross-examined with some audio

04:20

recordings of some of the stuff he said

04:23

it's been reported out um and and here

04:25

is some of what the jurors heard Michael

04:28

Cohen in his own voice say when they

04:31

played those recordings um quote from

04:33

Michael Cohen I truly effing hope that

04:37

this man Donald Trump ends up in prison

04:40

and quote you better believe I want this

04:42

man to go down and rot inside for what

04:46

he did to my family pretty powerful

04:49

quotes right Michael Cohen obviously

04:51

feels strongly about Donald Trump being

04:54

held accountable for what he did now the

04:56

defense will say well that's why Michael

04:58

Cohen told all the lies about Donald

05:01

Trump in this courtroom under oath to

05:04

this jury the prosecutors will rebut

05:07

that and here is a little bit of how

05:09

that will go they'll say you know Mr

05:11

Cohen you admitted on both direct

05:13

examination and cross-examination many

05:15

times over that you lied previously

05:18

isn't that right yes and in fact some of

05:21

those lies you told to Congress under

05:24

oath isn't that right yes and you

05:26

admitted that in your testimony here in

05:28

this trial yes I did let me ask you this

05:31

Mr Cohen those lies you told to Congress

05:33

under oath who did they benefit who did

05:36

they help well Donald Trump did those

05:40

lies help you no what happened to you I

05:43

got in trouble for telling those lies

05:45

because I was lying for Donald Trump I

05:48

got caught and I went to prison okay now

05:52

what will happen if you lie to this jury

05:54

under oath I'll go back to prison are

05:58

you interested in going back to prison

06:00

no sir I've been there ain't no fun okay

06:03

let me ask you this we heard recordings

06:06

Mr Cohen of you and your own voice

06:08

saying you want Donald Trump in prison

06:11

you want him to rot from the inside due

06:13

to what he did to your family do you

06:15

want Donald Trump held accountable for

06:17

what he did yes sir I do okay let me ask

06:21

you this do you think there is a better

06:24

chance of Donald Trump being held

06:26

accountable for what he did if you told

06:29

this jury a bunch of lies about Donald

06:31

Trump or if you told them just the truth

06:35

about what he did well if I tell them

06:38

just the truth and is that what you've

06:40

tried to do over the 14 15 16 hours that

06:44

you testified before this jury under

06:47

oath yes sir that's what I did this so

06:50

what you're seeing they're not

06:51

necessarily going you know um piece of

06:54

evidence by piece of evidence what

06:56

they're doing is they're painting a

06:57

picture and that picture is Michael

07:00

Cohen told a bunch of Lies previously

07:02

including to Congress to try to cover up

07:04

the crimes of Donald Trump to try to

07:06

help Donald Trump and the only thing it

07:08

got Michael Cohen was in prison and now

07:12

you bet he desperately wants Donald

07:14

Trump to be held accountable for what he

07:16

did the bigger criminal fish in this

07:19

particular conspiracy that Donald Trump

07:22

and Michael Cohen were in and he

07:25

understands Michael Cohen understands

07:27

that the way to do that now the way to

07:29

accomplish accountability is to tell the

07:32

jury the complete truth about his

07:35

Michael Cohen's conduct and Donald

07:38

Trump's conduct so what you're doing is

07:40

you're rebuilding and reassuring the

07:43

jury that Michael Cohen understands the

07:46

way to hold Donald Trump accountable now

07:48

is to tell the truth not to tell a bunch

07:50

more lies which will just get Michael

07:52

Cohen put back in prison Glenn I got to

07:55

say you're pretty damn good at this uh

07:58

that was that was uh that was a pretty

08:00

impressive uh mock uh mock testimony

08:04

that I just saw there that was uh that

08:05

you you you should you should definitely

08:07

consider doing this for a living if you

08:08

haven't already um but it really does go

08:10

to show I mean that that is the whole

08:12

ball game if Michael Cohen is true to

08:14

his word that he does want to see Trump

08:15

held to account then he has a vested

08:17

interest not in lying but expressly in

08:19

telling the truth because if he does lie

08:21

that's going to undermine the case

08:22

that's going to undermine the ability

08:24

for Trump to be held accountable or to

08:25

be convicted and that's the last thing

08:27

Michael Cohen wants to do if he really

08:28

is being honest that he wants to see

08:30

Trump convicted which clearly he does

08:32

then the best way to do that is

08:34

expressly to tell the truth he stands to

08:36

gain nothing it's actually detrimental

08:38

to Donald Trump's uh to to his

08:40

conviction hopes if Michael Cohen lies

08:42

and clearly Michael Cohen knows that

08:45

that's exactly right Brian it would be

08:46

against Michael Cohen's interest to lie

08:49

under oath at this point and it would be

08:52

against what Michael Cohen is trying to

08:54

accomplish accountability for the crimes

08:57

that Donald Trump thus far has gotten

08:59

away with and I have done some version

09:02

of that redirect examination more times

09:05

than I can count because when we put

09:08

cooperating Witnesses on the stand a

09:10

cooperating witness who was a criminal

09:12

associate a co-conspirator of the

09:15

defendant that he has now flipped

09:17

against and is testifying against these

09:20

are recurring themes and the prosecutors

09:23

understand how to present this to the

09:26

jury in a way that they will credit

09:29

Michael Cohen's testimony and it's going

09:30

to be easy for them to do because

09:33

there's a mountain of corroboration

09:34

Michael Cohen was pre-c corroborated

09:37

before he ever hit the stand so the

09:39

couple little points that the defense

09:41

scored on cross-examination as they do

09:44

on every cooperating witness in every

09:47

criminal trial will not win the day for

09:50

Donald Trump just as a quick aside uh a

09:52

quick request for our legal breakdown

09:54

audience I wrote my first book it's

09:56

called Shameless which is not to be

09:58

confused uh what I'm doing right now in

10:00

terms of plugging my book during illegal

10:02

episode but if you would like to support

10:04

me then please consider pre-ordering the

10:05

book I'll put the link on the screen

10:07

I'll put it in the post description or

10:08

you can go to Briant teller cohen.com

10:10

book I would very much appreciate it

10:13

okay Glenn do you think that the small

10:15

degree of credibility issues that

10:17

Michael Cohen posed undermines the

10:19

damage that he did to Trump like net net

10:21

do you think it was a positive that he

10:23

testified here he had to testify you

10:25

know he was the most important witness

10:28

that the jurors needed to see now did

10:31

they need to see him to conclude Donald

10:35

Trump is guilty Beyond A Reasonable

10:36

Doubt when they had all the other

10:38

evidence and all of the falsified

10:40

business records maybe maybe not but

10:42

there are times when jurors need to see

10:46

a witness who is of central concern and

10:50

involvement the reason I say that is

10:53

because there were times when I was

10:54

trying criminal cases Brian and I would

10:56

present all of the witnesses I thought

10:58

were relevant and necessary to win a

11:00

conviction and then my jury might hang

11:02

11:1 or 10 to2 for conviction and I

11:05

would get to go talk to the jurors after

11:08

a hung jury was declared a mistrial was

11:11

declared because they couldn't agree

11:12

unanimously on a verdict and I would ask

11:15

them you know I would always kind of

11:16

gauge how they received the evidence

11:19

what we could do better at a retrial and

11:21

I can't tell you how many times jurors

11:23

would say something to me like well you

11:25

know we heard testimony about Bob Smith

11:29

being on the crime scene but we didn't

11:32

see Bob Smith testify during the course

11:34

of the trial now they didn't see Bob

11:36

Smith testify because Bob Smith didn't

11:38

have relevant important evidence even if

11:42

he had something of interest to say he

11:45

didn't have the kind of important

11:46

evidence that I felt compelled to call

11:49

Bob Smith as a witness but you know I

11:50

tried to learn my lesson from those

11:53

failures I always learned more from my

11:55

failures than my successes which is why

11:58

I am such a learn eared man today and I

12:01

would and I would re-calibrate you know

12:03

my trial decisions and sometimes I'd

12:05

call Bob Smith if only to say you know

12:07

what I was on the crime scene but there

12:09

was something blocking my view and I

12:10

didn't get a great look thank you Mr

12:12

Smith because now the jury can't take

12:15

that back into the deliberation room and

12:16

say What About Bob Smith so now Michael

12:20

Cohen ain't no Bob Smith Michael Cohen

12:22

is a cental witness and I think if the

12:25

prosecution had declined to call him the

12:28

jury would have held that against the

12:29

prosecutors and said listen we needed to

12:31

hear from the man himself who made the

12:34

hush money payments and helped uh create

12:37

the false business records to cover it

12:39

all up we needed to hear from him so I

12:41

think it was absolutely the right call

12:44

and I think he did far more harm than he

12:46

did you know good for Trump's defense in

12:50

the couple of points that Trump's

12:52

defense attorneys were able to score off

12:55

of Michael Cohen's testimony all right

12:57

so Glenn we heard from a number of

12:58

witnesses we heard from Michael Cohen

12:59

Stormy Daniels David pecker what is the

13:01

Crux of the prosecution's argument that

13:03

was corroborated by every single witness

13:06

that will likely be responsible for

13:08

Trump being convicted the Crux of the

13:10

case is that they falsified business

13:13

records that's the crime 34 felony

13:16

counts of falsifying business records

13:19

and it couldn't be more obvious this was

13:22

not payment for Legal Services to

13:25

Michael Cohen this is repayment of of

13:29

hush money that Michael Cohen paid and

13:32

Michael Cohen had to take out money from

13:35

a home equity line of credit to do it

13:38

and he even had to hide that from his

13:40

wife that's how desperately he wanted to

13:42

please Donald Trump he wanted to do

13:45

Donald Trump's bidding and then they

13:47

falsified these checks that Donald Trump

13:50

was writing pretending that they were

13:51

you know payment for legal services and

13:55

those and then they made false business

13:57

uh Ledger entries to cover it all up

14:01

that is the Crux of the case why were

14:03

they doing all this that becomes the

14:06

second most important question they were

14:08

doing it to gain unfair advantage in an

14:11

election and to get around campaign

14:15

Finance laws regarding contributions to

14:18

a campaign like paying to hide to bury

14:22

to secrete from the American people

14:24

deeply damaging evidence that might very

14:28

well have led to Donald Trump not being

14:30

elected in 2016 that's the Crux of the

14:33

case that case has been proved Beyond A

14:35

Reasonable Doubt and I personally as a

14:37

former career prosecutor think the only

14:40

impediment between where we are now and

14:42

criminal convictions of Donald Trump is

14:45

maybe one juror who might want to decide

14:47

the case based on their own political

14:50

preferences or ideology rather than a

14:54

fair assessment of the evidence and

14:56

let's hope that doesn't happen what I

14:58

don't see Brian I don't see an acquittal

15:00

I don't see a not guilty 34 times over

15:03

given the power of the evidence that has

15:05

been presented and anything short of an

15:07

acquit any hung jury it could be one for

15:10

conviction and 11 for acquit that gives

15:13

the prosecutors the opportunity to retry

15:16

the case I did many retrials in my 30

15:19

years and what I will tell you is more

15:21

often than not we won the retrial why

15:25

because we got to step back reassess

15:27

retool our presentation we now know what

15:29

the defense was going to do by way of

15:32

cross-examining our Witnesses and

15:34

presenting their own Witnesses if any

15:36

and more often than not well over 50% of

15:40

the time we went to a retrial after a

15:42

hung jury it resulted in a conviction

15:45

all right Glenn so uh moving forward now

15:47

if I'm not mistaken trial is off

15:50

tomorrow on Friday because the judge did

15:52

Grant Trump's request to to be off for

15:55

Baron's graduation is that correct well

15:57

that was one of the reasons I think

15:59

there might have also been some uh juror

16:01

conflicts but yes ultimately the judge

16:03

said okay we won't sit on Friday but

16:06

we'll be back for the prosecutions

16:09

redirect of Michael Cohen come Monday

16:11

morning okay and uh um I'm sure Donald

16:14

Trump is very much looking forward to to

16:16

uh the graduation of one of his children

16:18

even though he he may or may not have

16:20

been in attendance at any of the other

16:22

uh graduations but apparently this one

16:24

was just too important to miss yeah and

16:27

you know interestingly he gave an