'REAL PROBLEM': Ex-federal prosecutor warns 'we're deep in a lawfare system'

Fox Business

29 May 202411:00

Summary

TLDRThe video script discusses the resumption of former President Trump's trial in New York, with Judge Merchan instructing the jury on deliberation procedures. The trial's outcome could range from a quick acquittal to a lengthy hung jury situation. The conversation highlights the prosecution's failure to prove the crime's basic elements and the defense's strategy focusing on Michael Cohen's credibility. There's also concern about the political bias of the judicial process and the potential implications of the trial's result on the upcoming election. The panelists express their views on the judge's instructions, the possibility of a mistrial, and the broader issues of 'lawfare' and political attacks.

Takeaways

🕵️ Former Federal Prosecutor Andrew Cherkaskey believes that the prosecution failed to prove the basic elements of the crime, specifically the incorrect entry into the business records of legal expenses.
🏛 Judge Merchan is expected to give instructions to the jury, which could influence the outcome of the trial significantly.
🕒 The deliberations could last from a few hours to a few weeks, indicating the complexity and importance of the case.
📣 Trump's attorney is focusing on discrediting Michael Cohen, calling him the 'greatest liar of all time', to counter the prosecution's case.
🗣️ The prosecution argues that Stormy Daniels' testimony is crucial as it illustrates the motive for the alleged crime.
🤔 There's a possibility of a hung jury, which could lead to a mistrial and potentially a retrial before the November election.
🚫 Judge Merchan is accused by some of not allowing certain instructions to the jury, such as clarifying that hush money payments are not illegal.
🔍 There are concerns about the selection of judges in the New York judicial process, with suspicions that it may not be random or independent.
📢 The White House has already indicated plans for attacks on Trump if he is acquitted, which could influence public perception and potentially the jury.
👥 The discussion highlights the presence of political bias and the impact it could have on the trial's outcome.
📉 The case and the surrounding controversy could potentially damage faith in the New York State judicial system and deter businesses.

Q & A

When is the New York trial of former President Trump scheduled to resume?
-The trial resumes at 10:00 A.M. Eastern time.
How long is expected for the jury instructions by Judge Merchan?
-The jury instructions should take about an hour.
What is the duration of the deliberations on the first day?
-Deliberations will begin and last until 4:30 P.M. today.
How long could the deliberations potentially last?
-Deliberations could last from a few hours to a few weeks.
What is the main argument from Trump's attorney regarding Michael Cohen's testimony?
-Trump's attorney is attacking Cohen's credibility, calling him the greatest liar of all time.
What does the prosecution argue about Stormy Daniels' testimony?
-The prosecution argues that Daniels' testimony illustrates the motive for the crime.
What is Andrew Cherkasky's opinion on the prosecution's case?
-Andrew Cherkasky believes the prosecution failed to prove some of the basic elements of the crime, specifically the incorrect entry into the business records of legal expenses.
What does Cherkasky suggest could be a possible outcome of the trial?
-Cherkasky suggests a hung jury could be a possible outcome, which would be interesting to observe.
What would happen if there is a hung jury?
-If there is a hung jury, the DA's office would have the option to retry Trump, and it is likely they would do so.
What is the concern regarding the judge's instructions to the jury?
-The concern is that the judge's instructions could lead to confusion and potential legal gymnastics, which could be ripe for appeal.
What is the controversy surrounding Judge Merchan's handling of the case?
-There is controversy because Judge Merchan has previously overseen cases related to Trump's circle, leading to questions about the randomness and impartiality of his selection.
What is the implication if Trump is convicted before the election?
-If Trump is convicted before the election, there would be a conviction hanging over him, potentially influencing the election outcome, and it might not be overturned until after the election.
What is the potential impact on business in New York due to the political climate?
-The implication is that businesses may perceive New York as a precarious place to operate, especially if they bring politics to the table that could impact how they are investigated and potentially prosecuted.
What is the concern about the White House's statement regarding planning attacks on Trump if he is acquitted?
-The concern is that such a statement could influence the jury's decision, as jurors may fear retaliation if they vote to acquit Trump.

Outlines

00:00

🕵️‍♂️ Trump's New York Trial Deliberations and Legal Analysis

The discussion revolves around the resumption of former President Trump's trial in New York, with Judge Merchan providing instructions to the jury. The deliberations are expected to be lengthy, possibly extending from hours to weeks. Trump's attorney is criticized for attacking Cohen's credibility, while the prosecution emphasizes Daniels' testimony as a motive for the alleged crime. Andrew Cherkasky, a former federal prosecutor, believes the prosecution has failed to prove the basic elements of the crime, particularly the incorrect entry into business records. He suggests that the jury has been given enough to acquit Trump but acknowledges the unpredictability of a 'blue jury' in New York. The conversation also touches on the possibility of a hung jury and the implications of a retrial before the November election. Concerns are raised about the fairness of the judicial process and the potential political motivations behind the case.

05:02

📜 Legal Debate on Trump's Case and Jury Instructions

This segment delves into the complexities of Trump's legal case, focusing on the judge's instructions to the jury, which are deemed critical. The panelists express concern over the judge's refusal to clarify certain legal aspects, such as the nature of hush money payments and the potential for a non-unanimous verdict on the secondary offense. The discussion highlights the confusion surrounding the alleged crime and the secrecy of the second offense. There is also mention of Judge Merchan's reprimand of Trump's lawyer during closing arguments and the subsequent misconduct complaint filed against the judge by Elise Stefanik. The conversation suggests that the judicial process may be influenced by political bias and that the outcome of the trial could be used for political leverage, indicating a 'lawfare' system at play.

10:03

🏛️ Political Implications and Public Reaction to Trump's Trial

The final paragraph discusses the potential reactions to the trial's verdict and the political implications it may carry. It contemplates the scenarios of an acquittal, conviction, or a hung jury, and how each could be manipulated for political gain. The Biden administration's potential responses are hypothesized, with concerns about further distortion of justice and the perpetuation of a 'lawfare' system. The conversation underscores the depth of the issue, suggesting that the trial is not just a legal matter but also a reflection of the broader political climate and its impact on the judiciary.

Mindmap

Keywords

💡Deliberations

Deliberations refer to the process where a jury carefully considers the evidence presented during a trial to reach a verdict. In the context of the video, deliberations are a crucial part of the trial of former President Trump, as they determine whether he is found guilty or not guilty. The script mentions that deliberations could last from a few hours to a few weeks, indicating the significance and potential complexity of the case.

💡Acquittal

Acquittal is a legal term used when a defendant is found not guilty and is thus released from criminal charges. In the video's narrative, the possibility of an acquittal for Trump is discussed, with the defense arguing that the prosecution has not met the necessary burden of proof, particularly regarding the recording of legal expenses.

💡Prosecution

The prosecution in a legal context refers to the team of lawyers representing the government in a criminal case and who are responsible for presenting the case against the defendant. In the video, the prosecution is defending the importance of Stormy Daniels' testimony to illustrate the motive for the alleged crime, indicating their role in building a case against Trump.

💡Defense

The defense is the legal team representing the accused in a criminal case, working to refute the prosecution's arguments and establish the defendant's innocence. In the script, Trump's attorney is described as attacking Michael Cohen's credibility, which is a strategy to counter the prosecution's case and secure an acquittal for their client.

💡Business Records

Business records are official documents that a company maintains, typically for financial or legal purposes. In the video, a key point of contention is whether the entry into the business records of legal expenses was done incorrectly, which is a fundamental element of the alleged crime against Trump.

💡Legal Expense

A legal expense is a cost incurred by an individual or company for legal services, such as hiring a lawyer or settling a lawsuit. The script discusses the prosecution's argument that booking a legal expense was not done correctly, which is central to the case against Trump.

💡Credibility

Credibility refers to the quality of being trustworthy or reliable, particularly in regards to a person's testimony or statement. The video script highlights the defense's strategy to undermine Michael Cohen's credibility by calling him 'the greatest liar of all time,' which is an attempt to weaken the prosecution's case.

💡Hush Money

Hush money is a term used for payments made to silence someone, often to prevent them from revealing damaging information. The script discusses the legality and context of hush money payments, which are central to the allegations against Trump, with the defense arguing that such payments are not inherently illegal.

💡Jury Instructions

Jury instructions are the directions given by the judge to the jury outlining how they should consider the evidence and apply the law to reach a verdict. The video emphasizes the importance of these instructions, as they guide the jury's decision-making process and can significantly influence the outcome of the trial.

💡Misdemeanor

A misdemeanor is a criminal offense that is less serious than a felony and is punishable by a fine and/or county jail time. The script mentions a misdemeanor in the context of the charges against Trump, indicating the level of the alleged crime.

💡Political Process

A political process refers to actions or procedures that are influenced by political motivations or considerations. The video script suggests that the trial of Trump is perceived by some as a political process, with implications that it may be driven by motivations beyond the legal merits of the case.

Highlights

Former President Trump's New York trial resumes with Judge Merchan giving instructions to the jury, which should take about an hour.

Deliberations in the trial could last from a few hours to a few weeks, indicating the complexity of the case.

Trump's attorney is spending the image out of closing, attacking Cohen's credibility, calling him the 'greatest liar of all time'.

The prosecution defended the importance of Daniels' testimony, saying it illustrated the motive for the crime.

Andrew Cherkassky, a former federal prosecutor, believes the jury has everything they need to reach an acquittal.

The prosecution failed to prove some of the basic elements of the crime, specifically the entry into the business records of legal expenses being incorrect.

The possibility of a hung jury is considered interesting, as it could be a victory for Trump, though it would lead to a mistrial.

The DA's office would likely retry Trump if a hung jury occurs, potentially before the November election.

The legal gymnastics in the case, including the judge's refusal to clarify the second offense, are ripe for appeal.

The jury instructions given by Judge Merchan are considered central to some of the problems in the legal system, including the refusal to allow the jury to know that hush money payments are not illegal.

There are concerns about the impartiality and independence of the New York judicial process, with suggestions of political influence on the selection of judges.

The White House has indicated plans for attacks on Trump if he gets acquitted, which is considered outrageous given the jury's promise to be fair.

The potential for a mistrial and the possibility of the case being re-tried are significant, especially if a hung jury occurs.

The discussion highlights the deep issues within the New York judicial process and the potential for political influence on legal outcomes.

The transcript reflects a high level of concern and discussion about the fairness and justice of the legal process, particularly in relation to Trump's case.