Trump team's witness SCREWS TRUMP in devastating backfire

The Legal Breakdown with BTC & Glenn Kirschner

21 May 202414:06

Summary

TLDRIn the legal breakdown, the Trump defense team's case has concluded with Robert Costello's damaging testimony, which inadvertently corroborated Michael Cohen's allegations against Trump. Costello, a Trump and Giuliani loyalist, was shown in emails to have tried to suppress Cohen's potential testimony. Trump's decision not to testify is highlighted, leaving the defense without witnesses to exonerate him. Closing arguments are expected next week, with a verdict possibly by the following week. If convicted, sentencing could occur within a week, though it may be delayed due to the unprecedented nature of the case.

Takeaways

📚 The Trump team has rested its case after their witness, Robert Costello, provided damaging testimony against their defense.
👤 Robert Costello was admonished by the judge and his testimony was perceived as detrimental to the Trump defense.
🔍 The prosecution's cross-examination revealed that Costello, along with Giuliani and Trump, attempted to suppress Michael Cohen's damaging evidence.
📧 Two emails introduced during Costello's cross-examination indicated a plan to undermine Cohen's potential testimony against Trump.
🚫 Michael Cohen explicitly told Costello to cease contact, as Costello had never represented him, highlighting the one-sided approach by Costello.
🔗 The actions against Cohen were likened to those taken against Karen McDougal and Stormy Daniels, showing a pattern of behavior.
🚨 The defense's decision to put Costello on the stand is considered a strategic mistake that corroborated Michael Cohen's testimony.
🗣️ Donald Trump's decision not to testify was expected and aligns with the advice of defense attorneys to avoid self-incrimination.
⏱️ Closing arguments are expected to take place soon, with the case potentially going to the jury by Wednesday or Thursday of the following week.
🏢 If a guilty verdict is reached, sentencing could occur within a week, although it may be pushed out due to the unprecedented nature of the case.

Q & A

What was the outcome of the Trump team's case after their only witness testified?
-The Trump team officially rested its case after their only witness, Robert Costello, testified. However, his testimony was seen as damaging to the Trump defense as it appeared to corroborate the prosecution's case against Donald Trump.
Why was Robert Costello's testimony considered damaging to the Trump defense?
-Robert Costello's testimony was damaging because, during cross-examination, it was revealed that he, along with Giuliani and Donald Trump, attempted to 'catch and kill' the damaging testimony that Michael Cohen could have provided against Trump, which they failed to do.
What was the significance of the emails introduced during Costello's cross-examination?
-The emails introduced during Costello's cross-examination were significant because they showed Costello's efforts to represent Michael Cohen and his communication about Cohen's reluctance to 'play' along with Trump and his team, indicating a potential strategy to neutralize Cohen's damaging evidence.
What was the role of Michael Cohen in the context of this trial?
-Michael Cohen was a significant figure in the trial as he had potentially damaging evidence against Donald Trump. The defense's strategy was to prevent Cohen from 'flipping' and providing this evidence, which ultimately failed.
Why did Michael Cohen refuse Robert Costello's attempts to represent him?
-Michael Cohen refused Robert Costello's attempts to represent him because he did not want to be associated with the Giuliani-Trump cabal, as indicated by his request for Costello to cease contacting him.
What is the general strategy for a defense team when they believe the prosecution has failed to prove guilt?
-The general strategy for a defense team in such a situation is to rest their case without calling any witnesses, arguing that the prosecution has failed to meet the burden of proof beyond a reasonable doubt, thus not needing to present their own defense.
Why did Donald Trump decide not to testify in his own defense?
-Donald Trump decided not to testify in his own defense, likely due to the advice of his attorneys and the understanding that he could not withstand cross-examination by the New York prosecutors.
What is the significance of the defendant's decision not to testify?
-The decision not to testify is significant because it is the defendant's alone to make, and it cannot be compelled by the court. It also means that the jury cannot hold the decision against the defendant as it is their right under the Fifth Amendment.
What is the typical timeline for sentencing after a verdict in New York?
-In New York, sentencing hearings are typically set for about a week after the verdict is delivered, which is different from the federal jurisdiction where sentencing usually occurs 60 to 90 days after the verdict.
What could potentially delay the sentencing hearing in Donald Trump's case?
-The sentencing hearing in Donald Trump's case could potentially be delayed due to the need for authorities to strategize and implement plans for safely confining and incarcerating a former president of the United States, should he be convicted.
What is the role of the defense attorneys in making strategic decisions during a trial?
-Defense attorneys are responsible for making strategic decisions during a trial, such as which witnesses to call and how to present their client's case. The client does not dictate these decisions, and it is the attorneys' role to stand up to the client if necessary.

Outlines

00:00

👥 Trump Defense's Strategic Mistake

The Trump team rested its case with Robert Costello as their sole witness, whose testimony proved detrimental to their defense. Costello, a loyalist to Giuliani and Trump, attempted to represent Michael Cohen to prevent him from providing damaging evidence against Trump. However, his efforts backfired as revealed through emails that suggested a coordinated attempt to 'catch and kill' Cohen's testimony. The emails showed Costello's frustration with Cohen's reluctance to cooperate and his acknowledgment of the power dynamics involved. This strategy not only failed but also corroborated the prosecution's case, highlighting a clear danger to Trump and an attempt to neutralize it, which parallels other actions taken against individuals like Karen McDougall and Stormy Daniels.

05:01

📜 The Consequences of Weak Legal Strategy

Despite the damaging testimony from Costello, Trump's attorneys did not prevent this outcome, suggesting a lack of control over their client's decisions. Lawyers are typically responsible for making strategic choices in a trial, but if they are weak and unable to stand up to their client's bullying, poor decisions can be made. The defense's decision to call Costello as a witness was a strategic error, as it ended up corroborating the prosecution's case and damaging Trump's defense. The discussion also touched on the rights of defendants in the criminal justice process, which are limited to pleading guilty or not, choosing a jury trial or waiving it, and deciding whether to testify or invoke the Fifth Amendment right against self-incrimination.

10:03

🕵️‍♂️ Trump's Decision Not to Testify

Donald Trump's decision not to testify was expected and strategic, as he would likely not withstand cross-examination by the New York prosecutors. The choice to testify or not is solely the defendant's, and while attorneys can advise, it is the defendant's decision to make. The judge ensures that this choice is made by the defendant alone. Trump's refusal to testify, while it cannot be held against him by the jury due to the Fifth Amendment right against self-incrimination, indicates a lack of defense and the inability to exonerate himself on the evidence presented.

🗓️ Timeline for Closing Arguments and Potential Verdict

With both sides having rested their cases, the next steps involve closing arguments and potential deliberation by the jury. Judge Maran announced that the jury would return the following Tuesday, with closing arguments expected to take a day or a day and a half. The prosecution will have a rebuttal argument after the defense's closing argument. The case is likely to be in the hands of the jury by mid-next week, with a verdict potentially reached within a few days to a week thereafter. In the event of a guilty verdict, sentencing could occur within a week, although it may be extended due to the unprecedented nature of potentially incarcerating a former president.

Mindmap

Keywords

💡Trump team

The 'Trump team' refers to the legal defense team representing former President Donald Trump in a legal case. In the video, it is mentioned that the Trump team has rested its case, indicating that they have finished presenting their arguments and evidence. This is a significant point in the trial process, as it marks the transition from defense to closing arguments and potential deliberation by the jury.

💡Testimony

Testimony in a legal context refers to the evidence presented by a witness under oath. In the video, the testimony of Robert Costello, a witness for the Trump team, is discussed as being damaging to Trump's defense. Testimonies can greatly influence the outcome of a trial, and in this case, it appears that Costello's testimony inadvertently corroborated the prosecution's case against Trump.

💡Cross-examination

Cross-examination is the process in a trial where the opposing counsel questions a witness after they have given their initial testimony. The video highlights how Costello's cross-examination revealed information that was detrimental to the Trump defense. This is a critical part of a trial where the credibility and consistency of a witness's account can be challenged.

💡Michael Cohen

Michael Cohen is a former attorney for Donald Trump who became a key witness in legal proceedings against him. In the video, Cohen's potential to provide damaging evidence against Trump is discussed, emphasizing the efforts by the Trump team to prevent this. Cohen's willingness to 'flip' or testify against Trump is a central theme in the narrative of the trial.

💡Prosecutors

Prosecutors are the legal professionals who represent the government in a criminal case and seek to prove the guilt of the defendant. The video mentions that the prosecutors have done a commendable job in presenting their case against Trump. Their role is to establish guilt beyond a reasonable doubt through evidence and witness testimonies.

💡Giuliani

Rudy Giuliani is a former mayor of New York City and personal attorney to Donald Trump. In the script, Giuliani is implicated as part of the group, along with Costello and Trump, who allegedly attempted to suppress damaging evidence. Giuliani's involvement is significant as it ties high-profile figures to the alleged efforts to obstruct justice.

💡Strategic blunder

A strategic blunder refers to a critical mistake made in planning or decision-making that can lead to negative outcomes. In the video, the decision to have Robert Costello testify is described as a strategic blunder because it ended up harming Trump's defense rather than helping it. This concept is key to understanding the video's narrative about poor legal strategy.

💡Karen McDougal and Stormy Daniels

Karen McDougal and Stormy Daniels are both women who have been involved in legal matters with Donald Trump, primarily related to alleged hush-money payments. The video draws parallels between the Trump team's alleged attempts to neutralize the threat posed by Michael Cohen and their treatment of McDougal and Daniels. This comparison is used to highlight a pattern of behavior by the Trump team.

💡Deliberation

Deliberation in a legal context refers to the process where the jury discusses and evaluates the evidence to reach a verdict. The video anticipates that the case will soon be in the hands of the jury for deliberation, which is a pivotal moment in any trial as it leads to the decision on the defendant's guilt or innocence.

💡Beyond a reasonable doubt

The term 'beyond a reasonable doubt' is a legal standard used in criminal trials to determine the sufficiency of the evidence. The video suggests that the defense may argue the prosecution has failed to meet this high burden of proof. This standard is crucial as it defines the threshold that must be crossed for a guilty verdict to be returned.

💡Sentencing

Sentencing is the phase of a trial that occurs after a guilty verdict, where the judge determines the punishment for the convicted defendant. The video discusses the potential timing and considerations for Trump's sentencing, should he be found guilty. This is an important aspect of the legal process as it directly impacts the consequences faced by the defendant.

Highlights

The Trump team has rested its case with a potentially damaging testimony from their own witness, Robert Costello.

Costello was admonished by the judge and his testimony did not favor the Trump defense.

Prosecutors proved on cross-examination that Costello, Giuliani, and Trump tried to suppress Michael Cohen's damaging testimony.

Costello's emails were introduced as evidence, showing his intent to 'catch and kill' Cohen's testimony.

Costello's aggressive outreach to Cohen was unusual, as attorneys typically do not pursue clients so aggressively.

Cohen's response to Costello was to cease contact, as Costello had never represented him.

The jury perceived a clear danger to Trump, which was addressed by trying to neutralize it through Costello.

The defense's decision to put Costello on the stand is seen as a strategic error that corroborated Michael Cohen's testimony.

Trump's attorneys are questioned for allowing Costello's testimony, which undermined Trump's case.

Lawyers are supposed to make strategic decisions, not the clients, yet it seems Trump may have dictated the strategy.

The defense's weak strategy could have been avoided by not calling any witnesses, which would have been a smarter choice.

Trump's decision not to testify was expected and is his own choice, not influenced by his attorneys.

Juries cannot hold a defendant's decision not to testify against them due to the Fifth Amendment right against self-incrimination.

Closing arguments are expected to take place next week, with the jury likely to begin deliberation shortly after.

If a guilty verdict is reached, sentencing could occur within a week, although it may be pushed out due to the unique circumstances.

The legal breakdown will continue to provide comprehensive coverage of the trial's developments.