‘Convicted felon Trump’: Stormy Daniels case has Trump desperate to avoid slammer

JOB GROWTH WHICH EVEN FOX STRUGGLED TO GIVE A NEGATIVE

STRUGGLED TO GIVE A NEGATIVE

SPIN BUT THEY TRIED.

BUT WE DO BEGIN TONIGHT HOPING

EVERYBODY IS OKAY ON THE EAST

COAST FOLLOWING THE 4.8

MAGNITUDE EARTHQUAKE IN THE TRI-

STATE AREA IN NEW YORK PLUS THE

AFTERSHOCK 20 MINUTES AGO.

IF I DIDN'T KNOW ANY BETTER, I

WOULD EXPECT DONALD TRUMP IS

CALLING LAWYERS TO SEE IF THERE

WAS DAMAGE DONE TO THE

MANHATTAN CRIMINAL COURTHOUSE

IN THE HOPES THAT COULD DELAY

HIS IMPENDING HUSH MONEY

CRIMINAL TRIAL SET TO START IN

10 DAYS.

THAT IS BECAUSE NOTHING ELSE

THAT TRUMP HAS TRIED HAS BEEN

ABLE TO STOP THE TRIAL.

BELIEVE ME, HE HAS BEEN

DESPERATELY TRYING.

TODAY HE FOLLOWED THROUGH ON

HIS LATEST HAIL MARY PASS

HOPING HE COULD BUY SOME MORE

TIME BEFORE HAVING TO FACE A

JURY WHO COULD HOLD HIM

ACCOUNTABLE FOR HIS ACTIONS AND

TOURNAMENT OF THE FIRST

PRESIDENTIAL FELON.

HIS LEGAL TEAM FILED A 37 PAGE

MOTION CALLING FOR THE JUDGE TO

RECUSE HIMSELF.

AND THAT MAY SOUND FAMILIAR

BECAUSE THEY ALREADY TRIED THAT

BEFORE LAST YEAR WITH A MAINE

FACTOR BEING HIS DAUGHTERS WORK

AS A DEMOCRATIC POLITICAL

CONSULTANT.

TO NOBODY'S SURPRISE, THE

MAJORITY OF THIS MOTION IS

FOCUSED ON HER AS WELL WITH

TRUMP'S LAWYERS STARTING TO USE

HER NAME IN THE SECOND SENTENCE

OF THE MOTION.

BUT BEFORE WE GET TO THE LATEST

GRIPE SESSION, LET'S REMIND

EVERYBODY WHAT HAPPENED THE

FIRST TIME HE TRIED THIS.

HE DIDN'T STEP DOWN LAST YEAR

BUT HE DID SHOW HE TOOK HIS

MOTION SERIOUSLY AND IN HIS

DECISION TO DENY THE MOTION, HE

CITED GUIDANCE HE SOUGHT FROM

THE ADVISOR COMMITTEE ON ETHICS

WHICH WROTE IN REGARDS TO THE

DAUGHTER THAT THIS CASE IS AN

INVOLVED EITHER THE JUDGES

RELATIVE OR THE RELATIVES

BUSINESS WHETHER DIRECTLY OR

INDIRECTLY AND THEY ARE NOT

PARTIES OR LIKELY WITNESSES IN

THE MATTER AND NONE OF THE

PARTIES OR COUNSEL BEFORE THE

JUDGE OUR CLIENTS AND THE

BUSINESS AND WE SEE NOTHING IN

THE INQUIRY TO SUGGEST THE

OUTCOME COULD HAVE ANY EFFECT

ON THE JUDGES RELATIVE AND THE

RELATIVES BUSINESS OR ANY OF

THEIR INTEREST.

SO WHAT HAS CHANGED?

ACCORDING TO TRUMP'S LAWYERS,

THE MAINE DIFFERENCE IS HE IS

THE PRESUMPTIVE REPUBLICAN

NOMINEE AND AS SUCH HIS

DAUGHTER COULD SEE FINANCIAL

BENEFITS FROM DEVELOPMENTS IN

HIS TRIAL AND HE CLAIMS IT WOULD

CREATE FODDER FOR FUNDRAISING

FOR THE DEMOCRATIC CLIENTS

WHICH THE COMPANY WOULD MAKE A

MONEY ON THROUGH THEIR WORK. THEY ALSO CLAIMED THAT SINCE

THEY ALSO CLAIMED THAT SINCE

THE LAST RECRUIT RESULT --

RECUSAL REQUEST THERE WAS A

POST WITH HOSTILITY TOWARD

TRUMP AND THAT WOULD BE GROUNDS

FOR THE JUDGE TO RECUSE HIMSELF

AND WE ARE WAITING FOR THE

MANHATTAN DISTRICT ATTORNEY TO

FILE THEIR REPLY FOR HIS

RECUSAL MOTION AND ULTIMATELY

SEE WHAT THE JUDGE DOES THE

SECOND TIME AROUND ON THIS

ISSUE.

AS I HAVE SAID, IF THE CLOCK

TICKS DOWN TOWARD APRIL 15, HE

IS LOOKING FOR SOMETHING,

ANYTHING TO MAKE A PITSTOP AND

EVEN REFILING PAST MOTIONS FOR

DELAYS ARE HOPING FOR ANOTHER

EARTHQUAKE.

JOINING ME NOW IS THE FORMER

U.S. ATTORNEY AND PROFESSOR AT

THE UNIVERSITY OF ALABAMA LAW

SCHOOL AND A LEGAL ANALYST.

AND THE DEAN OF THE COLUMBIA

SCHOOL OF JOURNALISM STAFF

WRITER FOR THE NEW YORKER AND A

POLITICAL CONTRIBUTOR.

THANK YOU FOR BEING HERE.

I WILL LET YOU START AND WHAT

ARE THE MERITS FOR THIS MOTION?

>> I DON'T THINK IT WILL BE

MERITORIOUS.

I THINK YOU HIT THE KEY POINT,

WHICH IS WHEN THE FIRST MOTION

TO RECUSE WAS FILED, THE JUDGE

TOOK IT SERIOUSLY AND HE WENT

THROUGH AN ETHICS COMMITTEE AND

THIS IS A RESOURCE ALL JUDGES

HAVE FEDERAL AND STATE AND SOME

FORM OF ADVICE FROM ETHICS

EXPERTS FOR WHEN AN ISSUE

ARISES THEY GET AN OPINION FROM

THE PEOPLE WHOSE JOB IT IS TO

STUDY THESE ISSUES AND THE

JUDGE DID IT THE LAST TIME AND

HE MAY EVEN DO IT AGAIN HERE.

ULTIMATELY, THIS DECISION

SHOULD BE SOMETHING WE SEE FROM

HIM VERY QUICK FULLY.

I DON'T EXPECT HE WILL LEAVE

THE CASE UNLESS THERE IS MORE

HERE THAN MEETS THE EYE.

>> WE HAVE TO GO THROUGH WHAT I

DID AND RECITE AND IT IS A

MOTION DULY FILED.

HE HAS THE RIGHT TO DO IT UNDER

THE LAW.

BUT WE DO KNOW UNDERLYING IT

IT'S THE SAME THING HE TRIED

THAT SHE WILL SOMEHOW MAKE

MONEY BECAUSE SHE IS STATING

THE GUY THAT WORKS WITH HER AND

WE DO KNOW IT IS BS BUT WE HAVE

TO GO THROUGH THE MOTIONS AND

TALK ABOUT THAT.

TO ME, IT FALLS ON HOW YOU

COVER TRUMP WORLD. >> IT ABSOLUTELY DOES.

>> IT ABSOLUTELY DOES.

I THINK THAT THERE IS A THING

THAT YOU WANT TO TREAT ALL OF

THIS WITH THE PROFESSIONAL

DILIGENCE AND EVEN ON THE

JUDICIAL SIDE AND CERTAINLY ON

THE JOURNALISM SIDE.

BENEATH THAT, THERE IS ALSO A

RECOGNITION OF WHAT THIS IS

WHICH IS TO MAKE A BOXING

ANALOGY THAT THERE IS AN OLD

TACTIC YOU SOMETIMES SEE OLD

BOXERS DO WHEN THEY KNEW THEY

WERE YOU LOSING TO TIE UP THE

OPPONENT.

>> AND IN THIS CASE THE BELL IS

THE NOVEMBER ELECTION AND THE

HOPE IS IF YOU CAN THROW ENOUGH

THINGS AND OBSTACLES AND

POLITICAL OR LEGAL MOTIONS THIS

THING WILL DRAG OUT AND I THINK

WE HAVE TO ON THE JOURNALISM

SIDE GIVEN THE FACTS HAPPENING

AND ALSO THE CONTEXT AROUND IT

SO PEOPLE GET A SENSE OF WHY

THIS IS HAPPENING. >> I GUESS THE QUESTION IS HOW

>> I GUESS THE QUESTION IS HOW

LONG DOES THE JUDICIARY HAVE TO

DO THAT?

THEY HAVE TO TAKE THESE MOTIONS

AND GO THROUGH THE MOTIONS.

BUT IS IT POSSIBLE BECAUSE THIS

IS HIS LAST STITCH ATTEMPT AND

HE DOESN'T WANT THIS TRIAL TO

HAPPEN BECAUSE CLEARLY HIS

POLLSTERS ARE TELLING HIM IF HE

GOES THROUGH THIS CASE, WHICH

WON'T TAKE HIM A YEAR AND HE IS

THEN FOUND GUILTY HE IS THEN A

FELON.

THAT WILL IMPACT HIS ABILITY TO

ADD TO HIS COALITION AND GET

INDEPENDENCE TO VOTE FOR HIM

AND THERE IS A LOT OF EVIDENCE

THAT PEOPLE SAY HE WON'T VOTE

FOR HIM IF HE IS A FELON.

HOW LONG DOES THE JUDICIAL

BRANCH OF THE GOVERNMENT HAVE

TO KEEP GOING THROUGH THIS?

AT WHAT POINT DID THEY SAY THIS

IS FRIVOLOUS STUFF?

>> I THINK ANY JUDGE WHO WANTS

TO AND IS PAYING ATTENTION

APPRECIATES TRUMP IS NOW AT

THIS DESPERATE STAGE OF LAST

STITCH OFTEN NOT MERITORIOUS

MOTIONS.

SOMETHING I THINK IS TOUGH FOR

PEOPLE WHEN THEY DO LOOK AT

TRUMP TO WRAP THEIR ARMS AROUND

IS THIS NOTION THAT JUDGES HAVE

AN OBLIGATION THAT HAS NOTHING

TO DO WITH POLITICS.

THEY HAVE AN OBLIGATION TO GIVE

EVERY DEFENDANT EVEN AND

PERHAPS ESPECIALLY DONALD TRUMP

THE DUE PROCESS THAT WE ARE

ENTITLED TO.

THIS JUDGE MAY HAVE BEEN WELL

WITHIN HIS RIGHTS TO NOT HEAR A

SECOND MOTION FOR RECUSAL AND

WHEN YOU MAKE A REQUEST TO

RECUSE YOU DON'T GET TO KEEP

FILING IT OVER AND OVER AND IF

YOU LOSE YOU CAN RAISE IT ON

APPEAL IF YOU GET CONVICT DID.

THE JUDGE IS BEING

CONSCIENTIOUS BECAUSE THERE ARE

NEW GROUNDS AND ADDITIONAL

CIRCUMSTANCES AND HE WILL GIVE

IT A HARD LOOK.

BUT I THINK WHAT IS CHANGING

WITH MOST OF THE JUDICIARY IS

THEY ARE RULING MORE QUICKLY

THERE AND NOT BENDING OVER

BACKWARDS TO GIVE DONALD TRUMP

THE BENEFIT OF EVERY DOUBT AND

THIS IS A JUDGE WHO LOOKS LIKE

HE IS SERIOUS ABOUT GETTING

THIS CASE TO TRIAL.

>> THE OTHER THING THAT IS

DIFFERENT IS WE ARE TALKING

ABOUT THE JUDGE'S FAMILY AND

TRUMP'S RELENTLESS THAT HE WILL

KEEP NAMING THIS YOUNG WOMAN

WHO HAS NOTHING TO DO WITH THIS

CASE AND HE WILL KEEP CALLING

OUT HER JOB WHICH HE DOES FOR A

LIVING AND MAY BE NAMING HER

AND SHAMING HER AND GETTING HER

TARGETED IS A REPEATED PATTERN

AND HE'S DONE IT WITH FANI

WILLIS AND LETITIA JAMES AND

AT SOME POINT IS HE A DANGER TO

PEOPLE?

>> THERE IS ANOTHER THEME WHICH

IS EVERY LEGITIMATE PROCESS

WHICH HE HAS BEEN ACCOUNTABLE

FOR OR ANYTHING HE DOESN'T LIKE

HE HAS MADE TO SEEM

ILLEGITIMATE COURT TRY TO PAINT

IT IS A LEGITIMATE AND THE WAY

YOU DO THAT IS TO SAY HE IS

BEING UNFAIRLY TARGETED AND

THIS IS WHAT HAPPENED IN THE

IOWA CAUCUSES IN THE 2016

ELECTION AND THIS IS WHAT

HAPPENED ON JANUARY 6 AND THE

2020 ELECTION AND WE HAVE SEEN

IT IN EVERY INSTITUTION AND

JOURNALISM IS BIASED AND

ANYTHING THAT HAS COME OUT THAT

HAS BEEN UNFAVORABLE TO HIM.

I THINK THIS IS THE LATEST

STRAND OF THAT WE SEE AS PART

OF A PATTERN AND I WILL GIVE

YOU SOME FOOTNOTES HERE WHILE

WE ARE TALKING.

JAMES MICHAEL CURLEY IN 1946,

MAYOR OF BOSTON, RAN FOR

REELECTION WHILE INDICTED AND

ACTUALLY WON, SERVED PART OF A

PRISON TERM WHILE IN OFFICE AND

APPOINTED ANOTHER PERSON IS A

CARETAKER AND CAME OUT RESUMED

THE MAYOR SHIP AND IN 1912

EUGENE DEBS RAN FOR PRESIDENT

WHILE BEHIND BARS AND RECEIVED

ALMOST 1 MILLION VOTES WHICH

WAS THE HIGHEST OF ANY

SOCIALIST CANDIDATE AND THOSE

ARE THE ONLY TWO EXAMPLES I

COULD COME UP WITH WHEN I WAS

TRYING TO RACK MY BRAIN ABOUT

WHAT HAPPENS WITH POLITICAL

FIGURES WHO HAVE BEEN INDICTED

BUT ARE STILL RUNNING FOR

OFFICE.

>> WHAT HAPPENS HERE?

IT IS A BIG QUESTION.

I DON'T BELIEVE OR IMAGINE HE

WILL SERVE TIME, ALTHOUGH I

GUESS HE COULD IN THEORY IN

THIS CASE AND IT WOULDN'T BE A

FELONY.

WHAT YOU THINK THE PROSPECTS

ARE THAT DONALD TRUMP WILL JOIN

THIS VERY NOTORIOUS AND VERY

BRIEF LIST WE HAVE GOTTEN OF

HISTORICAL FIGURES WHO HAVE

SERVED TIME AND IN OFFICE?

>> I SPENT A LOT OF TIME AS A

PROSECUTOR, 25 YEARS.

BUT SOMETHING YOU LEARN IS THE

DYNAMIC SHIFTS AFTER THERE HAS

BEEN A CONVICTION AND AFTER A

JURY PRONOUNCES THEIR DECISION

THAT SOMEBODY IS GUILTY.

THE ONLY THING LEFT TO CONSIDER

AT THAT POINT IS WHAT THE

SENTENCE SHOULD BE.

AT THIS POINT THE GRAVITAS OF THAT DONALD TRUMP HAS TRIED TO

THAT DONALD TRUMP HAS TRIED TO

WRAP HIMSELF IN, THIS I AM A

CANDIDATE LINE HE USES, THAT

REALLY DROPS OFF.

THE JUDGES SIMPLY LOOKING AT

ISSUES INVOLVING THE CONDUCT

AND SENTENCES GIVEN TO OTHER

DEFENDANTS FOR CONVICTION UNDER

THIS PROVISION.

THIS IS A BREAD-AND-BUTTER

STATUTE THAT PEOPLE USE AND

PEOPLE GO TO PRISON WHEN THEY