0:01

Welcome to the midweek edition

0:03

of Legal AF. And

0:06

we've got some stories we just have

0:09

to talk about with our audience. Where

0:11

are we going to start? You know, the New

0:14

York criminal trial election

0:16

interference case against Donald Trump.

0:19

Our audience is very interested,

0:21

even if Donald Trump supporters

0:23

aren't because having gone down

0:25

there yesterday, I can safely tell you they're

0:28

nowhere to be found. There was a total

0:30

of six people that were standing out in front

0:32

of the courthouse and half of them were not

0:34

Trump supporters. And that's about it. We're

0:36

going to talk about the end

0:38

of jury selection opening statements by

0:41

Matt Colangelo and Todd Blanche respectively.

0:43

The first witness in the case,

0:46

David Pekker and what he has

0:48

said. So far, I've got the

0:50

scorecard as Colangelo versus Blanche on

0:53

openings. Blanche versus Judge Marchon on

0:55

the contempt hearing. Pekker versus Trump

0:58

and the testimony. And then we'll

1:00

give a little bit of a

1:02

preview as Karen and Ben have

1:04

been doing about, but now

1:06

I have her exclusively on my show as

1:08

my co-hiker. So we'll give her a preview

1:11

of what to expect in the trial coming

1:13

up the rest of this week. And then

1:15

we got to talk

1:17

about some Supreme Court. Earlier

1:20

today, and it'll be up in a hot take,

1:22

there was a Supreme Court oral argument about

1:25

what else? A women's right to choose

1:28

and using abortion to save a mother's

1:30

life in case of emergency under the

1:32

M. Tala statute in

1:34

Biden administration's attempt to try to

1:36

do some damage control and remediation

1:38

in the wake of the Dobbs

1:40

decision. But tomorrow, and we'll talk

1:42

about this now, tomorrow, and

1:44

it's going to be on the Midas

1:46

Touch Network, is going to be a

1:48

live feed of the oral argument for

1:50

the United States Supreme Court on whether

1:53

Donald Trump as a former president has

1:55

immunity for official acts while he was

1:57

in office. Yes or no? Thumbs up

1:59

or thumbs? comes down and how

2:01

does that impact, of course, the

2:03

election interference case before Judge Chutkin,

2:05

which is sitting there on ice

2:07

until this Supreme Court makes its

2:09

ruling. It's a very narrow appellate

2:12

decision. It's one that

2:14

the appellate court says they're interested in and no

2:16

other. And there'll be argument

2:18

tomorrow, I presume. It's going

2:20

to be John Sauer or whatever

2:23

his name is, the gravel voice guy I

2:25

can barely listen to, as an advocate for

2:27

Donald Trump. On the one

2:30

side, and then, of course, it's going to be people

2:32

from Jack Smith's office. And I'm hoping

2:34

that the Solicitor General, on behalf of

2:36

the Biden administration, is going to weigh

2:38

in as well, because I think her

2:40

voice is important. And then

2:42

we're going to move quickly from

2:45

there until we have the results of the

2:47

bond hearing. We talked a lot on

2:49

legal AF about the civil fraud case in New York, $465

2:51

million judgment obtained

2:55

for the people of New York by

2:57

Letitia James, the attorney general. And

2:59

there was a big bond hearing about whether that

3:01

bond for $175 million was properly posted by Donald

3:04

Trump, or it was going to

3:06

be found to have failed

3:08

to allow the collection efforts to begin on

3:10

the $465 million. We have a resolution, and

3:13

we're going to talk about it briefly here.

3:15

And then lastly, we'll talk about, in our

3:17

last segment, Mar-a-Lago, 400 pages have

3:20

come out about

3:22

Plasmic Echo. No,

3:24

it's not the next in the series

3:26

of Ghostbusters sequels. It is the

3:28

apparently the name, oh, there we go. It's

3:31

apparently the code name for

3:33

Operation Let's Get All the National

3:35

Defense Information Documents back from Donald

3:37

Trump at Mar-a-Lago that the FBI

3:39

used. It was called Plasmic Echo.

3:42

We found out a lot of

3:44

fun facts, including the fact that

3:46

the FBI was also doing surveillance

3:48

of Trump's plane, Trump Force One.

3:50

The CIV had stashed any documents

3:52

there. They coordinated with the Secret

3:54

Service to execute the search warrant.

3:56

Fox News likes to say, raid

3:59

on Mar-a-Lago. I like to

4:01

say, execute the search warrant after

4:03

a year of negotiations to try

4:05

to get back national defense information.

4:08

Top secret documents of you and me

4:10

back failed. We'll talk about what

4:12

we learned in some of these 400 pages. But

4:17

listen, a couple of little updates here

4:19

before we get going. Curtains

4:22

are open. We're doing this recording just

4:24

a wee earlier on Wednesday

4:26

to accommodate some scheduling and calendaring for

4:28

Karen and me and our practices and

4:30

the things we do. Number

4:33

one is legal AF. But we got some other

4:35

things in our life that sometimes pull us in

4:37

different directions. I'm working from home today, as you

4:39

can see. Karen is on the set

4:42

of law and order where she is

4:44

the law advisor. And so we decided,

4:46

let's just do this early. It's

4:49

a dark down day in the trial. There's

4:51

not a trial day. And

4:53

hopefully there won't be anything major that we're going

4:55

to go, crap, we missed it. But

4:57

I don't think that's going to happen today. So we took that

4:59

risk. But Karen, how are you? I'm

5:01

really, really good. I'm having a lot

5:03

of fun being able to record

5:06

every day from wherever I am. And

5:09

all of our legal AF watchers are

5:11

getting a chance to see the crazy

5:13

life that we all lead, me and

5:15

my 12 full-time jobs that I

5:17

seem to have running all over the place like

5:20

a chicken with my head cut

5:22

off. You got the five rays

5:24

on the cab reporting. It was like cash

5:26

cab. But starring Karen

5:28

Freeman at Ignifly. I think that was one of your highest

5:30

rated. I've stepped in for Ben on one. And just so

5:32

everybody knows what the heck we're talking about, as

5:35

new programming for around the trial, four, five,

5:37

six weeks, whatever it's going to take, Ben

5:40

and Karen, or maybe something else

5:42

I'll step in, are doing a

5:44

morning preview of that particular trial

5:47

day's expected events from the perspective

5:49

of a longtime prosecutor and Ben.

5:52

And then at the end of the day, they're doing a daily

5:54

wrap for that. And of course, Ben and I and others

5:56

are doing hot takes throughout the day about things that we

5:58

think are interesting from our own. own perspective. So

6:00

that's a that is a great a

6:03

great thing that's going on there. Yesterday,

6:05

Popak was from the train. I did

6:07

it on the Acela. Oh, you're on

6:09

the side of Washington, maybe. Yeah, so

6:12

the last two days I've had to be on

6:15

the set of CNN in Washington during the

6:18

day and then I come back to New

6:20

York at night to do CNN. And so

6:22

in between the being on set in

6:24

Washington and on my train back to

6:27

New York was when court adjourned. And

6:29

so that's when we did it on

6:31

the on the Acela and

6:33

people were so incredibly patient dealing

6:36

with the Wi-Fi issues and I'm

6:38

sitting there whispering because there's so many

6:40

people around me and I was sitting

6:43

next to this really nice. That's a

6:45

dedication of I mean, that's good for

6:47

you. Last time I was on the Acela, Dionne Warwick

6:49

was sitting across from me going down to

6:52

a charity concert. I love Dionne but

6:55

that's what you do wherever you are. I mean,

6:57

I've when Trump got

6:59

indicted the first time by your

7:01

Manhattan District Attorney's office, I pulled over on the side

7:03

of the road in the car I was in and

7:06

jumped on with the guys. I think

7:08

you were on a plane. I think you happen

7:10

to be out of town that particular moment. But

7:12

this is what we do, guerrilla reporting, right?

7:14

We don't let anything stop us. And you know,

7:17

this we go with the news cycle and that's

7:19

why you and I end up working along with

7:21

the rest of the team, you know, morning, noon

7:23

and night around the clock. Let's jump into our

7:25

first topic. Everybody's waiting on it. The

7:28

New York trial, I'll give my two cents to turn

7:30

it over to you. We

7:32

got a contempt hearing that led off

7:34

a part of this week in

7:37

which as I only slightly

7:39

gestated at the opening, it was Todd

7:42

Blanche who's increasingly losing his credibility

7:44

with this judge against Judge Murshad.

7:47

Very little of what Todd Blanche said in the

7:49

motion for contemporary to try to stop his client

7:52

Trump from being found in contempt for violating the

7:54

gag order was resonating with the judge. In fact,

7:56

he was just he was the I

7:58

think this applies to Trump too. just the

8:00

incredible shrinking men. They're

8:02

just shrinking before our very eyes.

8:05

Uh, Trump, um, is

8:07

just, you know, if you took him

8:10

to a copy machine and you put

8:12

65% reduction, that's what you're seeing of

8:14

Donald Trump. He's not the president in

8:16

that courtroom. He's not even the leading

8:18

candidate for the presidency, as he likes

8:20

to say. He's just the guy in

8:23

a suit. That's a garden variety criminal

8:25

defendant. And he's given a just

8:28

that amount of respect or no respect as anybody

8:30

else. When he tries to leave the room early,

8:32

the judge says, sit down, sir. You're

8:36

not excused just like anybody else.

8:39

Uh, and so what I've

8:41

said in prior hot takes, I'm going to get your view as a

8:43

former prosecutor. Trump and his

8:45

lawyers are losing credibility almost moment by

8:47

moment in front of this jury, both

8:49

in the things that they were told

8:51

in their opening statement by Todd Blanche,

8:53

and then the way Donald Trump just

8:55

acts in the courtroom, which is diminishing

8:57

him and making the jury

8:59

sort of get annoyed on the contempt

9:01

hearing, I'll take a break for a

9:04

minute. Just let's stay on contempt. You

9:06

heard the evidence. You know how many

9:08

times he violated that gag order. You

9:10

know, the issue about reposting of other

9:13

people's negative comments about witnesses and jurors,

9:16

two questions for you, Karen. Did

9:18

he violate the gag order? And what does

9:20

the judge do about it within his toolbox

9:22

of things he can do thousand dollar fine

9:24

and or jail either at the back of

9:27

the courthouse or at Rikers Island, let's just

9:29

say a contempt. What do you think about

9:31

that? Yeah. So look, he's violated

9:33

it at least 10, 11 times. And

9:37

in fact, he continued to violate

9:39

it last night. He was talking

9:41

again about witnesses in the case

9:43

and going to places that he's

9:45

not allowed to go given the

9:48

gag order. So he's just showing

9:50

no interest in stopping talking about

9:52

it. And despite his coming out

9:54

and saying he's under a gag order and

9:56

can't talk about the case, he talks about

9:58

the case. He talks about. about Alvin Bragg,

10:00

which he's allowed to do. He talks about the

10:02

judge, which he's allowed to do. And he gets

10:05

to talk about himself. He's just not allowed to

10:07

talk about witnesses, people's families

10:09

and jurors, yet he does

10:11

that anyway. And at

10:14

the hearing, what was so frustrating

10:16

was the

10:18

fact that they were not even

10:20

providing any legitimate or straight faced

10:22

reason or excuse for it. And

10:24

the judge wasn't having it. And

10:27

at first I thought, wow, Todd Blanche

10:29

must be so upset because the judge said

10:31

to him, you're losing all

10:34

credibility when he made arguments like

10:37

that Donald Trump is trying his hardest

10:39

to comply with the order or, hey,

10:41

judge, we thought it

10:43

was waived because the prosecution only brought a

10:45

few of the content. They only brought, at

10:47

first, if you recall, they only brought three

10:50

of the postings saying he was in

10:52

contempt. They didn't bring the other eight.

10:55

And so we thought it was waived, which

10:57

both arguments have absolutely no merit

11:00

and completely strain any sense of

11:02

a credible argument. And at first

11:04

I thought, this is so surprising.

11:06

Todd Blanche is a much better lawyer than

11:08

that. And the judge kept saying, wait

11:10

a minute. Oh, the other

11:12

argument he was making was, was

11:14

Donald Trump's just responding to criticism

11:17

and attacks that other people, that

11:19

the witnesses are making against him?

11:21

And the judge kept saying, show me, tell

11:23

me what post. What post specifically

11:25

was he responding to

11:28

when he did this and he went post by post.

11:30

And of course he couldn't answer anything. And

11:33

at first, like I was about to say, was I thought,

11:35

that's so weird. Todd Blanche has a reputation of

11:37

being a really excellent lawyer. And to,

11:40

on the very first day

11:42

of trial, essentially, the judge is saying

11:44

to him, or the second day, saying

11:46

you are starting to lose credibility with

11:48

the court and interrupting

11:50

him and really asking him

11:53

pointed questions in sort of

11:55

a Socratic method, I

11:57

thought that is not, it was a

11:59

disaster. I mean, this is an

12:01

absolute abject disaster for him. And, um,

12:04

but I've, I've come around, I don't think he's a

12:06

bad lawyer. I think he's an excellent lawyer. He

12:09

didn't have anything to work with. He didn't

12:11

have anything to say. He was

12:13

doing his best to try to

12:15

make legal arguments with shit hurts

12:17

because Donald Trump is not

12:20

trying his best. He is not making

12:22

any effort. He can't point to anything that

12:24

it's a response to. And so look, he's

12:26

still a lawyer who has to advocate on

12:28

behalf of his client. He still has to

12:30

do the best he can making arguments as

12:33

horrific and bad as they were. Um,

12:35

I do think he probably shouldn't have said

12:37

anything to lose credibility with the court. Like

12:40

I said, that's a terrible, terrible. Can I

12:42

give you an example? I agree.

12:44

He's got a reputation for being a good

12:46

lawyer. I haven't seen it yet. Even his opening. I

12:48

thought we'll talk about it next is opening. I thought

12:51

he's writing lots of cash, lots of checks. He can't

12:53

cash in front of this jury and the,

12:55

and the, your prosecutors, your former colleagues are going to make

12:57

him pay dearly for having

12:59

done that and misled the jury if we're

13:01

having done that. But like when in the

13:04

contemporary, when the judge, first of

13:06

all, I learned in moot court

13:08

in law school that when the

13:11

judge's mouth is open, your

13:13

mouth is closed. Even if you're

13:15

a mid sentence. So I

13:17

didn't appreciate that, that he has taken on

13:20

the persona a bit of his bully client.

13:22

And when judge Rashad said, uh, I

13:25

need to get to the bottom of the timing

13:28

of your client's social media posts

13:30

in order to make my ruling, why does, why

13:32

does the timing matter Blanche interrupts?

13:35

And the judge says, I ask

13:37

the questions here, not you. You

13:40

know, I, I've never been told, I've been doing this

13:42

a long time. And I've

13:45

been on my feet a lot with

13:47

shit facts and not a lot to

13:49

argue, but I still find a way

13:52

to preserve my credibility so I can

13:54

advocate another day in front of that

13:56

courthouse, in courtroom, in my own professional

13:58

livelihood, and. not to interrupt

14:00

the judge and get belligerent with them.

14:04

It's almost like he's doing show performance again, theatrics

14:06

for his client to make his client pay

14:08

his bill. Yeah,

14:12

look, I'll tell you this. Think about Judge Marcheon.

14:15

He welcomes vigorous

14:18

advocacy. He welcomes it. He

14:22

wants people to advocate strongly on behalf

14:24

of their client. Judge Marcheon

14:27

is a measured person. So

14:29

for him to say, you

14:31

are losing credibility with the court, that's

14:33

about as close to Judge Marcheon comes

14:35

to losing his temper, I have to

14:37

say. Like it might be kind of,

14:40

you know, it was slightly intemperate for

14:42

his rep. You know,

14:44

that just goes to show how much

14:46

he thinks that this was a

14:49

terrible argument and that just should

14:51

show you what hot water Donald Trump is in. So

14:54

what do you think? Fine, prison,

14:56

jail? I think a couple of

14:58

things. It was reported

15:01

that the people

15:03

who manage corrections are

15:07

making arrangements with Secret Service about what

15:09

it would look like to put Donald

15:11

Trump in jail. Certainly

15:13

considering it as an option, and

15:16

it's an option not necessarily

15:18

for this particular set of contempt,

15:21

but I could see it as an option in

15:23

the future if Donald Trump doesn't stop and he

15:25

shows no sign of stopping. Like I said, he

15:28

even continued last night with his, and

15:30

yesterday, with his postings.

15:32

So, or with

15:34

his, I think last night was he was

15:37

speaking to the Detroit, I think it

15:39

was the Detroit, a show in Detroit

15:41

that he was commenting on. And

15:44

he continued to violate the gag order

15:47

there. So I think

15:50

Judge Marcheon Is preparing for that

15:52

option in case it comes to that. You Don't

15:54

want to do that and then all of a

15:56

sudden correction says... Well

16:00

we have no idea how to handle this

16:02

so there is a logistical thing because he

16:04

is. Under Twenty Four Seven Surveillance

16:07

And Protection Of Surveillance. Protection.

16:09

By the Secret Service and I'm and

16:11

so how would that work in terms

16:14

of guards guarding him if he's if

16:16

he's incarcerated. So I do think that's

16:18

they are doing that and I think

16:20

of a leaked it on purpose by

16:22

the way. so that the lawyers and

16:24

Trump and everybody knows that this is

16:26

a possibility and it's a serious. Consideration

16:29

down the road. I

16:32

don't think that's what he's going to do.

16:34

At first blush in. Else

16:36

the thing is. so I did some research

16:38

and I actually co. Wrote an article

16:40

with Norm Eyes and and some

16:43

other folks and just Security and

16:45

I was on the law of

16:47

contempt because when this started coming

16:49

up I thought. I haven't

16:51

looked at. That. Law in a long

16:53

time and I started researching it and

16:56

figure and and just brushing. Up on

16:58

it again. and lot of contempt

17:00

in New York is really complicated

17:02

dish three different contempt laws. There's

17:04

a criminal and civil one and

17:07

a judicial one and com and

17:09

so it it's It's just depends.

17:11

Each one has different sanctions, different

17:13

options available. The one that is

17:15

coming. This. Way the one

17:18

that the order to show cause that

17:20

that's da's office brought That one allows.

17:22

Sides of the thousand dollars

17:25

per. Violation. It can go up

17:27

to five thousand if it's persistence

17:29

at four thirty days in jail.

17:31

So I think what he's going

17:33

to do is going to violate

17:36

is going as he is going

17:38

to sanction ham thousand dollars per

17:40

violation. Maybe not for all eleven.

17:42

Maybe. There might be one or two

17:44

in there that are that he says

17:46

are. Ambiguous or decides not

17:49

to bring. But

17:51

by and large I think is going to get hit with

17:53

a fine for almost all of. them i do

17:55

think he might also get a

17:57

very stern warning that if you

18:00

do it again, this is

18:02

your last fine. If you do it again, that's when

18:04

we're going to start doing other things. The

18:06

reason he was asking the timing of some of

18:08

these posts is because the

18:10

judicial contempt or summary contempt, if

18:13

that happens in court, that gives

18:15

the judge the ability to just, you don't have

18:17

to bring a criminal complaint, you don't have to

18:19

hold a hearing. He can just handle it

18:21

himself because there is

18:23

this ability for judges to be

18:25

able to maintain order in the court. And

18:28

so if he is tweeting or posting

18:30

or speaking outside in

18:36

the hall criticizing witnesses or jurors, that

18:38

could give the court power

18:40

and authority that's a little more swift

18:44

and quicker than the other types of contempt.

18:46

You might start seeing things like that

18:51

Judge Michonne puts Donald Trump, puts

18:54

him in. When I say put him in, I

18:56

mean put him in jail, puts him in for

18:58

an hour, puts him in for two hours, makes

19:00

him sit in the courtroom in custody

19:02

over lunch. He's

19:06

in custody during the court day, and he's

19:08

not allowed to go outside and make those

19:10

speeches. He might do it like that,

19:12

and there is a holding cell in the back behind

19:15

the court where prisoners who are incarcerated, when

19:17

they are coming to court, they hold them

19:19

there and keep them there. That could be

19:21

the jail cell. And

19:23

of course, if he doesn't continue, they

19:25

can escalate it further. But

19:28

I think he's going to start doing more

19:30

and more things. He could also revoke or

19:33

change or amend his bail

19:35

release conditions as well. So

19:37

that gives him other options,

19:40

and he can just do what he has to

19:42

do to keep this under control. The

19:44

third rail that Donald Trump keeps

19:46

hitting is the jurors. When he

19:48

says things like this is a

19:50

biased jury, it's 95% Democratic. There's

19:54

going to be someone sneaking on the jury to

19:57

get me that kind of thing. That

20:00

is incredibly threatening to

20:02

jurors who might hear about that

20:04

and could make them feel pressure that, wow,

20:07

if I don't acquit Donald Trump, bad things are

20:10

going to happen to me because I

20:12

know what happens when you get in, you

20:14

know, I saw what happened to Ruby Freeman

20:17

and Shay Moss and their life that was

20:19

upended. I saw January 6th, et cetera. His

20:21

followers can be really

20:23

scary. And so that's why the judge

20:26

is going to really come down hard

20:28

on him when he says anything about

20:30

the jury whatsoever. And same

20:32

as the witnesses. So it's

20:35

really interesting to watch this happen,

20:37

but I think we're going to see him

20:39

respond strong and swift. Great. I think we're

20:41

going to get that. I agree early. Let's

20:43

do a quick overview of

20:45

the opening statements and theories

20:48

and themes of the cases for both

20:50

the prosecution presented by Matt Colangelo and

20:53

Todd Blanche. They were much shorter than

20:55

I thought they would be, at least

20:57

from the defense standpoint. I'll

21:01

do Blanche and you do Colangelo. How does that sound?

21:04

Got it. All right. And I'll do, I think the

21:06

way our timing is going is I'll do my little

21:08

overview of Colangelo.

21:11

Blanche is what

21:13

he did. And then we'll take our

21:15

first break for commercial. Come back and hit

21:17

up Colangelo with you, Karen. So, you

21:20

know, this is what's called a little

21:22

bit of a teachable moment here. Opening statement

21:24

is not supposed to be argumentative, but all

21:26

trial lawyers try to get as close to

21:28

that edge as possible. You're supposed to be

21:30

talking about what you believe the evidence will

21:32

show. What you're not supposed to do is

21:35

vouch for your client, tell

21:37

the jury, I'm just like you and

21:39

me. I'm also a Manhattan resident and

21:42

this guy's not guilty. The problem with what

21:44

I just said is all those golden rules

21:46

were basically violated by Todd Blanche, which is

21:48

why one of the reasons the Manhattan DA

21:50

was jumping up and down during opening statement

21:52

and many of their objections were sustained. Because

21:54

Todd Blanche, as you said earlier, and I'm

21:56

going to repeat it because I liked it,

21:59

he didn't have shit. to work with. And so even

22:01

in his opening, he was left with trying to

22:03

vouch for your client. You can't

22:05

do that. You have to be an advocate for

22:08

your client. You can't say, you know me, you

22:10

like me, jury. I go

22:13

to coffee shops in Manhattan just

22:15

like you do. This guy over

22:18

here, he didn't do it. He's

22:20

innocent. I mean, frankly, it violated

22:22

every cardinal rule and even

22:25

potential error that I've ever

22:27

been taught in successful trial practice.

22:29

And I didn't find it surprising because I don't think,

22:31

as you said, to paraphrase my colleague, I don't think

22:34

he had much to work with. Rather

22:36

than take on, he knew, you and I, Karen,

22:38

could have written

22:41

the opening for Mac Colangelo. We knew it was

22:43

going to be some version of the Trump Tower

22:45

conspiracy. I've been doing hot takes on this for

22:47

over a year. I could have done that opening.

22:50

So, so could you or Beth. We knew it

22:52

was going to be, there was a meeting with

22:54

three people, you know, Cohen,

22:57

Pekker, Trump, and

22:59

from there, the catch and kill program

23:01

was devised. I mean, I could have

23:03

written the opening. So you know what

23:05

he's going to say and what you need

23:07

to do in your, in what you get

23:10

the chance to speak second. And you've already

23:12

heard the guy go first. You've heard Mac

23:14

Colangelo go first. So you knew he was

23:16

going to focus a lot on that and

23:18

that they were going to anticipate, you'll talk

23:20

about Colangelo, Cohen, and instead

23:22

of taking on Pekker, which they knew by

23:24

this point was going to be the first

23:27

witness, they really just took on

23:29

Cohen. And what the

23:31

total takeaway in 20 minutes

23:34

of an opening statement, by the

23:36

way, I've done, I don't think I've

23:38

ever done 20 minutes in my, I can't clear my throat

23:40

in 10 minutes. 20 minutes? I mean,

23:44

I've got cases just about money.

23:47

And it takes me an hour to

23:49

walk through the evidence and what the

23:51

evidence will show and witnesses, let alone

23:53

this. And this is your chance, your

23:55

first chance to build credibility, authenticity with

23:57

the jury to make them like this.

24:00

you to make them want to follow you

24:02

to demonstrate to the jury that you're not

24:04

going to mislead them. Well, he

24:06

misled them in a number of ways. First

24:08

of all, as you said, there's either one

24:11

of these programs you're dealing

24:13

with that or it was with me midweek.

24:15

I forget which one, but you said a

24:17

version of, I think he flipped the script

24:19

on the burden. The burden's on the prosecutor.

24:21

Why is he talking about, we'll prove his

24:23

innocence. You don't have to prove his

24:25

innocence. You just have to prove that there's reasonable doubt.

24:28

They have the burden, not you. So that was weird.

24:31

It was also weird for him

24:33

to bolster the client and say, this guy, he's innocent

24:35

and I'm going to prove it to. And then when

24:37

he went off to try to prove it to them,

24:40

he totally misstate what he knows to be the

24:42

evidence. Like he said, for instance, you're going to

24:44

hear a lot about the National Enquirer. And then

24:47

he started to do this mock. Again,

24:49

this is like when they say dogs, pets

24:52

start looking like their owners. Blanche

24:54

started taking on characteristics

24:57

of Trump, and he

24:59

started with a mocking tone,

25:01

which you and I know juries

25:03

hate, unless they're in on

25:05

the joke, which they rarely are. They laugh at

25:07

things you didn't even expect to laugh at, and

25:09

they will not laugh with you at the

25:11

things you think are funny. I'll just warn, this

25:13

is my trial practice breakout moment. So

25:16

he starts mocking the

25:18

Trump Tower conspiracy.

25:20

Oh, the Trump

25:22

Tower conspiracy. Yeah,

25:25

it's the Trump Tower conspiracy. That's when three people

25:27

get together and make a tacit agreement to do

25:29

something illegal. That's what we call it. I don't

25:31

know why that was so funny. And the jury

25:33

was like, you know, like taking notes throughout all

25:35

the openings. Didn't think that was that funny either.

25:38

And then he started to mock, you

25:40

know, Michael Cohen, which, you know,

25:42

I guess a fair game there on that

25:44

one. But then he

25:46

started talking about things that he

25:48

can't deliver on your the National

25:50

Inquirer is just a legitimate media

25:53

outlet. And they make their own

25:55

editorial decisions about what stories to

25:57

run. Come on, Todd, you

25:59

know that the first witness, first

26:01

thing out of his mouth. They didn't even

26:03

do the, tell the jury about yourself. What's

26:06

your title, what do you do? They

26:08

started it within the first 20 minutes and

26:11

they got out of David Pecker that

26:13

we practice at the National Enquirer. Checkbook,

26:16

journalism. Everybody

26:18

laughed in the courtroom. What is that, sir? Oh,

26:21

that's, we just pay for stories and

26:23

we put them in there. And

26:25

then before the first day was over, Pecker

26:28

said that we didn't wanna

26:30

run these stories. Michael Cohen on behalf of

26:32

the campaign called and told us to run

26:34

these stories against political adversaries of Donald Trump.

26:36

So we ran them and it didn't really

26:39

help us with ourselves. So we really did

26:41

it just to help Donald Trump and his

26:43

campaign, which by the way, is the second

26:45

crime necessary for a felony. He knew, Blanche,

26:47

that they were gonna say all of this.

26:50

They should have known all of this. And

26:52

yet he lies to the jury and the

26:54

jury is gonna punish him and the prosecutors

26:56

are gonna punish him at

26:58

the end of the trial when they make that,

27:01

they say, you know those things that Mr. Blanche

27:03

told you? Then they'll read from the transcript. Remember

27:06

when they told you this? None of that was

27:08

true. Here's the testimony that you really are. They're

27:10

gonna go, right. We were had by Blanche from

27:12

the very, very beginning. I talk about it like

27:14

if you're gonna write a check, you gotta be

27:17

able to cash it. If you don't, your opponent

27:19

is going to bail you. And I'll leave my

27:21

comment on jury on one point before we go

27:23

to our first sponsor. Jury

27:26

science tells us, and I'm sort of a

27:28

student of it. I'm sure you are too,

27:30

Karen. Jury science tells us that it doesn't

27:33

matter how long the trial is, the length

27:35

of the trial, juries make their decisions very,

27:37

very quickly about who's winning and who's losing.

27:39

Who's gonna be convicted and who's gonna be

27:41

exonerated. After the opening

27:44

statements, maybe the first witness, which has

27:46

gone exceedingly well for the Manhattan DA,

27:49

they're about ready to make their decision.

27:51

Sure, they'll listen dutifully for the next

27:53

six weeks of trial, evidence, documents, copies

27:56

of checks. But if you were able

27:58

to do this trick, I'm gonna... proposed this

28:00

mind experiment. If you were

28:03

able to poll the jury like after

28:05

Pekka is done and

28:07

then get their jury verdict, it'll

28:10

match up pretty closely. And if I'm

28:12

right about that, and jury science says I am and my

28:15

own experience says I am, Donald

28:17

Trump's cooked in that courtroom. But

28:19

I want to hear from the prosecutor on this

28:21

team, former prosecutor Karen Freeman-Niffalo, but we got some

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But example: oh tell me what you

32:49

found about Mack Calais, Angelo and his

32:51

presentation that is oral argument Israel is

32:53

opening sorry opening statements to the jury

32:56

of than whatever else you picked up

32:58

from Top Left. Yes,

33:01

Outlook The opening statements. Ah, the people

33:03

are required to give an opening statement

33:05

said sense is not an alarm, requires

33:08

the people to do that and so

33:10

that was something he had to do.

33:12

I was surprised he did it on

33:14

he's not known to me. As a

33:17

as a trial lawyer but that doesn't mean he's not.

33:19

I just never worked with him before. But

33:22

they they gave him that really important role as

33:24

it's all about connecting with the jury is he

33:26

says it's so important in the beginning to really

33:28

get to know them to connect with them and

33:30

he didn't do any of the word year so

33:33

I at maybe they were trying to introduce different.

33:35

Team members to the jury but

33:37

so far they don't really have

33:39

one person necessarily that. Seems

33:41

to be rising to the top as

33:43

the leader of the trial teams are

33:45

just eyeglasses is the one is doing

33:47

gave it pecker and and doing that

33:49

are doing that direct. Examination and

33:51

he's the senior. Trial counsel

33:53

on the team and so susan Half inch

33:55

or so. Allowing Mack Glandular who in

33:58

his own right has great reputation. Then

34:00

and comes from the Attorney General's office in

34:02

the Department of Justice. Ah his his apparently

34:04

a great lawyer and they they had him

34:06

to the opening. But his

34:08

or his opening was good. It was just

34:10

very much what it needed to be. He

34:12

got the. The nuts and bolts

34:15

out which the law requires you to

34:17

do So Sick of a preview of

34:19

Li you think the evidence will show?

34:21

I'm You're not allowed to argue. You're

34:23

not allowed to spin. Even up, you

34:25

can subtly do it by word choices,

34:27

etc. but it's really just meant to be

34:29

a preview of what you expect the evidence

34:31

to show and. You

34:34

know, I, I, I, I give

34:36

it a be I would say

34:38

or a be. Plus I think

34:40

it was really good. Ah, I

34:42

didn't love the way he handled

34:44

the Michael Cohen piece of it.

34:46

I think that Michael Collins is.

34:48

I'm. Going. To have

34:51

some impact on a

34:53

jury. Both positive and and some

34:55

negative that you want to take

34:57

the sting out of money kind

34:59

of characterized Michael Collins issues. As

35:01

you know, he. Has some prior past

35:03

mistakes, which I guess that's one way

35:05

of putting, and I think it and

35:07

it's slightly under sells it a little.

35:11

And so that was that in.

35:13

And and it's clear that Michael

35:15

Collins going to factor huge in

35:18

the defense case because the defence

35:20

attorney. Type glances as a lot of

35:22

time in his opening talking about. It

35:24

So. I just thought that he could have

35:26

done a little bit of a better. Job

35:29

really putting it really.

35:31

ah putting. My for Commons

35:33

license in context and to I'm

35:36

and his his flaws ah really

35:38

really had a put them out

35:40

there and put his spin on

35:42

them. Ah I'm. Glad. That

35:44

so that was the one thing I kind of. Wasn't

35:47

one hundred percent I in line

35:49

with how they handle this, but

35:51

I do think frankly, the opening

35:54

is something you have to do.

35:56

you get through it. So much

35:58

of of this. Though of an

36:00

opening statement is you don't exactly know how

36:03

the evidence is going to come in you

36:05

you now you hope. But there's a lot.

36:07

In this case that is

36:09

unknown right you? You got

36:12

people who are coconspirators who

36:14

are testifying and you know

36:16

what's. Gonna happen when they take the stand and they're

36:18

sitting in the same room as Donald Trump. Whether they're going

36:20

to. Be. A deliver the same

36:22

as they do when they're in your your

36:25

office and so I enter the opening in.

36:27

A criminal case. As a prosecutor

36:29

you don't wanna over promptness. He

36:31

don't wanna. Necessarily commit to certain

36:34

things that you don't know you

36:36

can deliver Because because I think

36:38

that that's really. Where they the

36:40

jury's unforgiving because the prosecutors to

36:43

prove beyond a reasonable. Doubt the

36:45

defendants just has to create some

36:47

doubts. So if they fire a

36:49

bunch and unless a few, that

36:51

doesn't necessarily. Equal. I'm.

36:53

Beyond reasonable doubt, right? That says means

36:55

they're They're doing their job and Injuries

36:58

Expects defense attorneys to also argue a

37:00

lot more and and promise a lot

37:02

more So. That the prosecutor has

37:04

said you can't make any mistakes one small

37:06

mistake and that's your doubt right there, you

37:08

and you have. We. Can have all the

37:10

theatrical that defense attorneys can do. You can't you

37:12

have to be the one they can trust and

37:14

the one that really plays that down the middle.

37:16

And so I think he did a really good

37:19

job at doing that at really to sort of

37:21

as talking about the things that he knows, the

37:23

evidence. Will show but also not

37:25

over promising and and. Nothing.

37:28

Of the trial though that that has

37:30

really. Blown Me Away is

37:32

how incredibly crucial and critical

37:35

and just overwhelmingly ah devastating

37:37

to Donald Trump or David

37:39

Pecker has been. You

37:41

know he. he's not someone that that the media

37:44

are. We even we focus on it very much.

37:46

Riot this this old when people talk about this

37:48

case. It was very. Very

37:50

much but of it but ritual. Colin

37:52

and Stormy Daniels

37:54

was definitely. Is

37:57

definitely always talked about. The.

37:59

most first. Becker

38:01

is, they were smart

38:03

to call him first. This

38:06

guy, you know, and he's

38:08

certainly not the subject of Donald Trump's ire either,

38:10

you know, Donald Trump doesn't go after him the

38:12

way he goes after the other witnesses publicly.

38:15

So I guess that's why he

38:18

was to me, he wasn't. He

38:21

just wasn't top. He wasn't kind of some

38:23

people were like, Why is he the first

38:25

witness? And I and I think I too

38:27

had a little bit of that at first. I

38:29

had a debate about it. He said, I think

38:31

they're going to start with a checks person. I

38:33

said, there's no way they're going to start with

38:35

a checks person. I said, you got to start

38:37

with as close to a roadmap witness as you

38:40

possibly can. I knew it wasn't Cohen. And I

38:42

said, I gave a list I send, pecker was

38:44

the top two of my list, because I knew

38:46

pecker was going to

38:48

be able to tie especially when you

38:50

lead in your opening with the Trump

38:52

Tower conspiracy. There's only three people to that

38:54

conspiracy two were going to testify. But more importantly,

38:56

to your point, Karen, we'll turn it back to

38:59

you is that

39:01

pecker does something that we're going to see over

39:03

and over again, talking about the smartness of the

39:05

trial strategy by your old office is

39:08

they know they've got a Michael, they've

39:10

got a problem named Michael Cohen, in

39:12

terms of him having great facts that

39:15

need to get out on the be

39:18

induced as evidence, but it comes wrapped

39:20

in a package. It's a little bit

39:22

compromised, something that McElangelo alluded to.

39:24

And of course, Donald Trump was always going to

39:26

do that. But in order to in

39:29

order to put him in the best possible

39:32

position to perform properly,

39:34

and Stormy Daniels, too, you put witnesses

39:37

that are unassailable, like David pecker first

39:39

to bolster the future testimony, even though

39:41

that's not technically correct, bolster the future

39:43

credibility and testimony of witnesses later on,

39:45

Michael Cohen's gonna be sandwiched in the

39:47

middle of a bunch of stuff. He's

39:49

not coming up next. It'll be another

39:51

few people to get a momentum going

39:53

by this prosecution team, along with pecker

39:55

pecker's not even done dumping on Trump.

39:57

And what and to your point Surprisingly,

40:02

Donald Trump went after Cohen and went after

40:04

Cohen in the opening, went after Cohen in

40:06

social media, but he's silent. It's almost like

40:09

he's endorsing Becker, and that's terrible for him

40:11

because, as you said, he hasn't done a

40:13

darn thing to tear down Becker. And Becker,

40:15

which is what I love, and you worked

40:18

with Josh Steinglass, you can give your, of

40:20

course, give your comments on this. He's

40:22

got a conversational style going with

40:24

Becker right now, which

40:26

is just two guys over a cup

40:28

of coffee and a bagel and a

40:30

schmear having a conversation. And they're laughing

40:32

and they're joking, and Becker's very relaxed.

40:35

You can tell it's been rehearsed, but

40:37

that's great. I mean, when you're an examiner, you've done this.

40:40

Oh my God, you love when you're

40:42

just having a chat and the

40:44

person's not, yes, no, I don't know

40:46

what you mean. You'll have to show

40:49

me a document. You don't want that. Becker

40:51

is dumping willingly on Donald Trump and

40:53

supporting the entire case before we even hear.

40:56

They can prove this case without Michael Cohen, by

40:58

the way. There's very little that Michael Cohen would

41:00

need to testify to that isn't in text messages

41:03

that are going to be put in. Emails,

41:07

secret recordings Michael Cohen

41:09

made that you, by the time Michael Cohen,

41:11

it's going to be like, for me, it's going to be like an

41:14

afterthought after all this mountain of evidence

41:16

comes into the courtroom. What did you think? Well,

41:19

I wouldn't understate the importance of

41:21

Michael Cohen. All the things you

41:23

allude to can't come in without

41:25

Michael Cohen. He has to authenticate them and put

41:27

them into evidence. I

41:30

don't think they can try the case without him,

41:32

but at the same time, I do agree with

41:35

you it's going to be corroborated by all this

41:37

other evidence. But what

41:40

Becker was able to do was

41:42

he really provided

41:44

the roadmap for the criminal

41:46

scheme. He talked about

41:48

when they devised this criminal

41:50

conspiracy, right? That

41:53

meeting at Trump Tower with Becker

41:56

and Michael Cohen and Donald Trump, where

41:58

they Were. Going. And

42:01

they agreed that they are

42:03

going to his sleigh catching

42:05

kill. They are going to

42:07

amplify negative stories about Donald

42:10

Trump's opponents like Ted Cruz

42:12

and. Make. Up these

42:14

these crazy stories are Ben Carson

42:16

they left a sponge and somebody

42:19

his brain during surgery Or that

42:21

Ted Cruz father had again had

42:24

some issues with the Assassination of

42:26

Jfk. I mean you notice is

42:28

just crazy crazy headlines that they're

42:31

going to amplify. Those things amplify

42:33

positive stories about Donald Trump. Like

42:35

said, he's the healthiest elected official

42:38

ever and his that says so

42:40

preposterous and that they're going to

42:43

suppress negative. Stories about Donald Trump

42:45

and they're gonna get engaged in

42:47

a catch and kill now. Casting

42:50

kill is the thing that

42:52

happens and it is not.

42:54

Ah, it is not. Illegal.

42:57

Per se. But when you become

42:59

a candidate and your purpose for

43:01

and you're going to pay people

43:03

off on behalf of the candidate

43:05

in order to get them to

43:07

be elected Ah, that's a crime

43:09

and I actually had an on

43:11

air debate with Tim. Tim

43:14

pilots or because Simple a tour

43:16

Or maybe it was a dormitory.

43:18

It. Was either him or gym trustee. I

43:21

can't remember on with both of them,

43:23

so I might have been former. Lawyers

43:25

were gone from yeah. Yeah yeah I was sitting

43:27

next to them arm and I was on the

43:29

air with both of them last night having a

43:31

debate over this because they were saying one of

43:33

them and I camera which one was. And. I

43:35

apologize or many cameras you're younger guys the

43:37

bro to I know. I know which is

43:40

where on the pilots or. Am.

43:42

I doing the right? Yeah, I know, I

43:44

know which one is which. I just. I was

43:46

on so many hours yesterday that I just can't

43:48

recall. But we

43:50

were. I am pretty sure it was it

43:52

was Tim. And Tim

43:54

was saying that Citizens United, the

43:57

United States Supreme Court case that

43:59

time. About ah a documentary that

44:01

with made to help in I

44:03

went in Hillary Clinton that they

44:05

said that's first amendment speech and

44:07

that that doesn't count as an

44:09

entire campaign. Donations to as I

44:11

said spoken like a true defense

44:13

attorney. In our as I'm the prosecutor of that.

44:16

Say. Yeah, well when you specifically go

44:18

out and pay people off and that

44:20

that is in in kind campaign donation

44:22

he A. So I got him to

44:24

at least admit that the case that

44:26

Citizens United hasn't been tricked hasn't been

44:29

tested to that point yet. But we

44:31

kind of had a debate about whether

44:33

it would be illegal or not or

44:35

criminals game but that's that's what's going

44:37

on here is is is that and

44:39

the prosecution theory is that that that's

44:41

an illegal scheme because they it was

44:43

a it was a campaign contribution that

44:46

nobody. Was going to claim and they

44:48

were going to cover it up. By.

44:50

Doing things like cooking the books

44:52

like they did in this case,

44:55

With those are the two crimes are you get

44:57

the misdemeanor which is a business record for other

44:59

listed. The pay with the store be circles as

45:01

a repayment of legal services to Michael Cohen that

45:03

you don't do with. We make this clear to

45:05

the audience. You. Want to pay off

45:07

Stormy Daniels? And. Maker not

45:09

go live with your good public view story

45:11

You can. you can do that. And.

45:14

Not a dude about in a way that

45:16

doesn't commit a crime door with a multi

45:18

stepped multi headed conspiracy. Problem. Is

45:20

that that Donald Trump did it? Have. A

45:22

second thing is on the crime out a day

45:25

or them back cared for minutes. How. Did

45:27

they explain how to tim merged

45:29

or trustee explain them why Michael

45:31

Cohen went to jail for was

45:33

two years if before paying off

45:35

Stormy Daniels? How how did he

45:38

get convicted of a Federal election

45:40

crime and Donald Trump wouldn't have

45:42

been convicted amp of we didn't

45:44

have that. Down

45:46

that that that roads my

45:48

photo. Heard of that? Yeah.

45:50

Nobody it was. It was an interesting

45:53

discuss it right it was. And it

45:55

was a very interesting spirited discussion with

45:57

the Jake Tapper yesterday. Bets it is.

46:00

That that's where we were. That's what

46:02

you're talking about. Up with this boils

46:04

down to this boils down to a

46:07

criminal conspiracy that one of the coconspirators.

46:09

Whoo! David Pecker was the

46:12

one who actually spelled it all out

46:14

in detail about how it was gonna

46:16

work, what they were going to do

46:18

and he really talked about how the

46:20

sausage is made of the National Enquirer.

46:22

I mean normally never do an Ama

46:24

that and it was really the the

46:26

thing with also really interesting that he

46:28

said was that and I think this

46:31

really helped the prosecution. There are two

46:33

things that I thought were really helpful

46:35

to the prosecution in addition to the

46:37

things everything everyone else is reporting on.

46:39

Number one that he said that. That

46:42

the story. the doorman member. there

46:45

were three people. Cashing kills his. The

46:47

doorman who who fathered in the said that

46:49

there was a child out of wedlock that

46:51

was carrying Mcdougall who he had a a

46:53

when you're affair with and Stormy Daniels who

46:55

he had sex. With once that the

46:58

doorman in particular ah that that

47:00

story had to been debunked and

47:02

and what Picker said was if

47:05

that story hadn't been debunked we

47:07

would have run not story after

47:10

the election. I. Thought that was

47:12

critical to show this was for the

47:14

purpose of the election, right? That that

47:16

is gonna be a key piece of

47:18

evidence that this wasn't about Milan. Yeah,

47:20

this wasn't about. right?

47:23

This wasn't about Milan yet anyway

47:25

so salty just checked it was

47:27

gym trustee knew i had this

47:30

debate less sorry him anyway so.

47:32

So. That that by Atlanta I grew

47:35

up with. I can remember who was

47:37

running for though for those that are

47:39

following at home just the characters gym

47:41

trustee was water the lawyers that had

47:43

been a lawyer before it Donald Trump

47:45

fired whom in the Dc election interference

47:47

case a former colleague of Jack Smith

47:49

where they have words two different. Division.

47:51

heads of at one of their offices

47:54

and par with Torode sort of believes

47:56

the roads or was a moral lago

47:58

lawyer who got. Decided to leave

48:00

what he thought Boris Epstein were can't

48:03

believe hasn't been indicted. I is a

48:05

lawyer for Donald Trump was meddling too

48:07

much in the decision making around strategies

48:09

and now they've though. you know they

48:11

get paid whatever they a paid to

48:13

shop on Cnn and talk about their

48:15

former client. Any.

48:17

Cel I'm yes. So so I

48:19

thought that was pretty significant that

48:21

he said he talked about how

48:23

this is absolutely election related as

48:25

opposed to Molony a related which

48:27

I which I do think is

48:30

significant because that that's the difference.

48:32

Right between crime and no crime.

48:34

Frankly, That's number

48:36

one that he said I thought

48:38

was really really critically. The other

48:40

thing is is is. There.

48:43

Was a question the just

48:45

Time Glass asked him about

48:47

headlines and about headlines that

48:49

ah, that. He was

48:51

dead. That. Pecker was talking to

48:53

Michael Cohen about these headlines that he

48:55

was that he was getting outs and

48:58

he asked Michael Palin. Whether whether don

49:00

he had conversations with Donald Trump

49:02

about. It and and

49:05

and. Land Sangha

49:07

has asked him because he dealt with

49:09

Michael Cohen a lot a lot more

49:11

than he dealt with Donald Trump. He

49:15

said. I don't remember him ever saying that

49:17

the boss approved for the boss was involved

49:19

in this one particular thing and that's going

49:21

to be a summation point for the prosecutor

49:24

says he's gonna say when he sums up

49:26

or she sums up depending on who does

49:28

it they're going to say is is David

49:30

Pecker were lying. He. Would have and

49:32

he was making this up right. He

49:34

would have said he would have made.

49:37

It worse for Donald Trump's you Would Made. Download some

49:39

more involved, but he he wasn't doing that,

49:41

he was just telling you the truth. He

49:43

was telling you the things that that he

49:45

was involved in, the things that he wasn't

49:47

involved in a tiny, the fastest as they

49:49

are, and to the extent that they match

49:52

up with Michael Cohen and the other witnesses.

49:54

I do think that's going to seek. Critical

49:56

for the prosecution, I just he was

49:58

just an absolutely critical. Witness you fill

50:00

on with some kind of cross examination.

50:03

I'm but I think it's interesting that

50:05

Donald Trump has not publicly gone after

50:07

David Pecker, which in some places like

50:09

endorsing him and the other person he

50:11

hasn't gone after is Karen. Mcdougall.

50:13

The. Way He goes after Stormy

50:15

Daniels and. That's really interesting to me

50:18

because you know what? that? there is an

50:20

argument that. The. You know the affair

50:22

happens. During that. Time

50:24

That millennia and he were together and

50:26

she was pregnant. With with

50:29

Aaron and it's summer, I

50:31

want to protect me. I

50:33

simply. Having a

50:36

long term relationship with somebody. That.

50:38

Clearly had feelings involved and in a

50:40

of his was much more than out

50:42

a one night stand. I

50:45

don't know. It's going to protect your wife from one of them. I

50:47

would. Think it would be that the former, but

50:49

he doesn't seem to be denying that publicly. The

50:51

other thing I thought was weird was David Pecker

50:53

was saying. That Donald

50:55

Trump is considered the most eligible

50:58

bachelor month like bachelor he he's

51:00

in else he. He retires talking

51:02

about he was married yeah exactly

51:04

exactly the knowing these he was

51:07

an eligible bachelor. Well

51:09

anyway, so. That others are a

51:11

double this year and a real So

51:13

give us a one liner about what

51:15

were what are what we could expect.

51:17

Some of the trolls resumes to borrow

51:19

for those are following as closely as

51:22

we are: Monday Tuesday Trial Days Thursday

51:24

Friday Trousers Wednesday. Or. Quote dark

51:26

turn causes of that Also to download a

51:28

jot down today said that hundred calories a

51:30

day the judged of something else. What?

51:33

A what to expect on Thursday? but we

51:35

know. Why? I think we're going to

51:37

get a contempt decision. And

51:39

I think you're going to hear the

51:41

rest of. Pecker Under Wraps A

51:43

I think the has at least

51:45

an hour if not more underactive

51:48

David Pecker. And tie and then

51:50

comes cross examination. And cross examination is

51:52

is a really important part of the

51:54

case rights and in the thing is

51:57

he always worry. About when you're prosecutor,

51:59

when you. The Witness: Like David Packer

52:01

who has a decades long relationship with

52:03

Donald Trump. As much as you prep

52:05

him, as much as you ask him

52:08

questions and you ask me everything you

52:10

can think of and you look for

52:12

everything you can think of. Donald Trump

52:14

knows things that you will never know

52:17

and you can't anticipate what it is.

52:19

Immense. Trump will know where the bodies

52:21

are buried and so let's see what

52:23

comes out on crime but. Got

52:26

him be outdoors. As good as are most

52:28

of my soldier targeted are we have you

52:30

for a limited amount of toward quick Question:

52:32

Would you think does the Cross of David

52:34

Parker Susan necklace or Todd Blackledge. To.

52:37

Great question on I

52:39

haven't. Seen says a necklace? Do anything?

52:42

Yeah, I think it's gonna be both. Yeah,

52:44

Because we both. Yeah, Will Cost didn't he

52:46

moved to this to the. First chair during during

52:49

the questioning or I don't I did watch

52:51

a their clothes with yeah I thought I

52:53

thought he was of the first territory. That's

52:55

what I thought the reporting was and I never managed

52:57

to the first chair. so. Or it. Wasn't.

53:00

Me will soon. We will follow his did

53:02

catch up with the bed and carriage every

53:04

morning before the trial day and that of

53:06

the evening with a wrap up so we

53:08

got a lot more to talk about. This

53:11

will talk about the been hearing briefly. ultimately

53:13

the harbor stupidity that came out related to

53:15

it which will talk about will talk about.

53:18

The. A little bit of a preview of the

53:20

Supreme Court oral arguments tomorrow which will be

53:22

on. The. Midas Touch Networks

53:24

to the doll sort of you the host that

53:26

the and a bunch of us are going to

53:29

Japan after for a little posts games after we

53:31

hear how the immunity argument breaks out do takes

53:33

the lead among the oral or the supreme court

53:35

justice or that there will talk briefly. About

53:38

of system leading do things that we founded

53:40

Four hundred pages Porter Page eat it up

53:43

the came out of things being on sealed

53:45

in the bar a log of cases including

53:47

I learned that it was called the rest

53:49

of us to to pass make echo was

53:52

the coat they bf the I used for

53:54

the moral lago. Ultimately the execution of the

53:56

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but so quickly about the bond hearing

58:17

that I wanna have actually players who

58:19

play and Lena Harbor Special. Will.

58:21

Have club she doesn't know she find

58:24

her bond with two hands the at

58:26

she feels he can be illegal commentator

58:28

about it. There was a hearing, we

58:30

talked a lot about it. A

58:32

Lisa Lisa sorry the teacher James looked

58:34

at the bar that was filed by

58:37

Donald Trump for hundred and seventy five

58:39

million dollars which was a discount that

58:41

the Appellate Division First Apartment gave the

58:43

Donald Trump for no good reason. Sort

58:46

of having him required to post an

58:48

undertaking a four hundred sixty five billion

58:51

dollars to stop the collection of the

58:53

New York Civil. Fraud

58:55

judge been obtained by Letitia James. For the

58:57

people, the State of New York is it

58:59

not one seventy five hundred said if I

59:02

believe this my daughter was all excited yeah

59:04

hey I've got out of the bag this

59:06

will be a problem Yet he was having

59:08

a problem getting a bonding company it to

59:10

extent that he needed about the company to

59:12

post at Deluxe if thou job had the

59:14

hundred seventy five million dollars of she apparently

59:16

has it a draw Schwab account speed, cash

59:18

or insecurity to could have posted that he

59:20

did neatly repeat he did not need about

59:22

the company he could have just posted the

59:25

undertaking directly. To putting the cash

59:27

with the court registry at

59:29

his requirement would be satisfied.

59:31

Puddle Jumper do anything. Straight

59:34

everything sewer corkscrew method and here he

59:36

decided i know I did about the

59:38

company between me and have it ultimately

59:40

pick this money So he went found

59:42

some home office of of.a key Mr

59:44

Hanky who is due diligence a consisted

59:46

of a point or Donald Trump okay

59:48

would skip the money and he was

59:50

something like that was my artist rendering

59:52

prose a little more complicated but not

59:54

much. Discovered. He never heard of. Know

59:56

it? Ever heard of a New York doesn't really do bugs

59:58

in New York called night. So the insurance

1:00:00

company posted the bar we all of the

1:00:03

body posting it said it's the Fisher uttered

1:00:05

York law is it does it have the

1:00:07

right undertaking language at the finances seem to

1:00:09

be underwater for the body companies like they

1:00:11

don't seem to have enough money to post

1:00:14

to to back the bond then that as

1:00:16

take He took to the airwaves enjoying his

1:00:18

fifteen minutes of fame and said i don't

1:00:20

know where Donald Trump got the cash from

1:00:22

for this What I suggest Okay now we

1:00:25

know it was a Charles Schwab account. And.

1:00:27

There was built did language that

1:00:29

the surety would have to wait

1:00:31

two days like give Donald Trump

1:00:34

or today headstart before. Grabbing.

1:00:36

The cash to be able to pay it over

1:00:38

to the Attorney General Sir Donald Trump. The fault

1:00:40

of the judgment. Well,

1:00:43

that also undercut the bond. Why is there

1:00:45

any delay? what so people could run to

1:00:47

do appeals are reckoned with. The money out

1:00:49

of there was no limits. Donald Trump. You

1:00:51

just suck the money out of the bank

1:00:53

account. Is that today? Period. And. How

1:00:56

is that? And and a proper undertaking or

1:00:58

security or collateral for a bot? What was

1:01:00

it? So there was a hearing, And.

1:01:02

An hour at what happened at the hearing

1:01:04

is what I practice a lot more. civil

1:01:06

law that turn what happened at that. Here

1:01:08

is what happens every day at the New

1:01:10

York State Supreme Court's it's like I call

1:01:13

it Deli counter Justice ticket number. Go the

1:01:15

hallway, cut a deal, come back and tell

1:01:17

the judge what the deal is and that's

1:01:19

what that. That's what I goro brokered. He

1:01:21

questioned the Sof adopt. The. Body

1:01:23

Company who was there they had some

1:01:25

experts ready to go Adam he sees

1:01:27

that I'm I don't think the bodies

1:01:29

of this you the does it up

1:01:31

the right language or New York Lotta

1:01:33

really understands this posting of it Accounts

1:01:35

were gives you two days to do

1:01:37

it if there's securities and cash in

1:01:39

their it doesn't seem to be properly

1:01:41

collateralized under New York Los Go and

1:01:43

I'm troubled by night not being are

1:01:46

a New York entity that I've that

1:01:48

that the the attorney general consumer New

1:01:50

York on the pods you're making have

1:01:52

gone out of Delaware. I don't like that either.

1:01:54

Score! The hallway. Work this out. That's it.

1:01:56

You're to do overtime to New York. It's

1:01:58

a hard league haggling process. Legal terms

1:02:00

and I if you're not comfortable with it that

1:02:02

you should practice a New York Ali to have

1:02:05

a. Sticky back yet

1:02:07

and they improved considerably to the New

1:02:09

York Attorney General's liking and ultimately to

1:02:11

the judges' satisfaction. Elements of the bar

1:02:14

that we all felt drop like. For.

1:02:16

Instance. The. Night Specialty

1:02:18

Insurance Company wave jurisdictions and said that they can

1:02:21

be sued a New York instead of in Delaware.

1:02:23

Well that was a good thing for the York

1:02:25

Attorney General and the people the State of New

1:02:27

York's They also said it could be all in

1:02:30

cash and not a securities account. The.is it and

1:02:32

otherwise you will be trading. Donald Trump

1:02:34

will be raising and lowering the about. you

1:02:36

know if it's a trading t R a

1:02:38

D I N G account that it's tied

1:02:40

to the stock market or the whatever market

1:02:42

it straight Again, Sometimes. It's up

1:02:45

represents a budget cel four percent widow

1:02:47

want to trading accounts weekend traded away

1:02:49

with what cash so that got improve

1:02:51

that A couple of other things the

1:02:53

judge said i bless this. That's the

1:02:55

improvement that we will allow. Thank you

1:02:58

hearing over. But. That's not want to

1:03:00

lead a hopper. Heard when Alina Hop A heard

1:03:02

was switched to those don't have those billboards Those

1:03:04

the for you to board. get some of the

1:03:06

right artist Rudder: We actually have a cliff. Let's

1:03:09

play. So. Far you

1:03:11

how hard it was for me to

1:03:13

keep my faith stay of it as

1:03:15

a sign of make it up. This

1:03:17

case it a bit in the commercial

1:03:19

division it had no business being in

1:03:22

the civil division in front of the

1:03:24

judge That said I was trying to

1:03:26

invalidate Etti Bond and doesn't understand that

1:03:28

class is green and when classes held

1:03:30

by Charles Schwab states that don't say

1:03:33

that they can't move it around. It's

1:03:35

not at the stock markets but he

1:03:37

didn't understand base. I

1:03:40

have been to toss the more Alina

1:03:42

Hobbits You know there's an old Care

1:03:44

you remember. This is an old adage

1:03:46

out there that says. That

1:03:48

if you if you keep

1:03:50

your mouth shut doubts about

1:03:52

your of intelligence. You. Know

1:03:54

people can doubt your intelligence, but once you open

1:03:57

your mouth, all doubt is removed. And every time

1:03:59

Harbor opens her mouth. And he

1:04:01

thinks you go to solid for a client is

1:04:03

actually disorder by zero credibility. Judge.

1:04:05

And Goran has been on the bench

1:04:07

for fifteen years plus doesn't have to

1:04:09

be in the commercial division. I know

1:04:11

the judges have a commercial division. there's

1:04:13

a couple of them. Yeah, they're good

1:04:15

too. But every day New York State

1:04:17

Supreme Court justices the financial capital the

1:04:19

world deal with issues about finances, corporate

1:04:21

and complex matters and bonds. nuts. It

1:04:23

was Judge and Gourds first body earnings

1:04:25

and he led the negotiations if you

1:04:27

well in the hallway to improve the

1:04:29

bar to meet his satisfaction and that

1:04:31

of the New York Attorney General therefore

1:04:33

the people, the State of. New. York and

1:04:35

as hospitals get stuck in a bar of

1:04:38

think of thing and it doesn't traded the

1:04:40

stock market doesn't know what the heck she's

1:04:42

talking about the Charles Schwab account which back

1:04:44

the past. Was. Filled with securities and

1:04:46

it was a trading account. It wasn't a

1:04:48

cash accounts to know what's he talking about

1:04:51

and until it was. So they committed to

1:04:53

making it off cash and not trade it

1:04:55

so the value would go up and down.

1:04:57

It wasn't proper security and they're going to

1:05:00

improve the language of the bond and the

1:05:02

undertaking to match New York law and of

1:05:04

course the waiver of jurisdictions. but these are

1:05:06

complicated legal issues and it as they're not

1:05:09

great with a ten seconds. Shuttle

1:05:12

fast with Sean Hannity. You know

1:05:14

what to to their. Public. They

1:05:16

don't do what we do every day. I

1:05:18

legally apps which is breakdown complicated legal. Issues

1:05:22

and at concepts in a way that

1:05:24

spoke informative and hopefully entertaining. And that

1:05:26

was the body or anything you like

1:05:28

to add to that cared. I

1:05:31

just don't understand how she can lie, how the

1:05:33

system. Is I mean

1:05:35

I I guess it just makes no sense to

1:05:37

me and every time I see it happen I

1:05:39

I say to myself that's how can he do

1:05:41

that How can you just get up there and

1:05:43

say it's Is Charles. Shaw the can't you can't

1:05:45

trade and it's cash. Okay, that's

1:05:47

just be. It's the opposite of what

1:05:49

it is right on Eminem. I just

1:05:51

don't get it. You're a lawyer to see

1:05:54

Because he said he will have a bad

1:05:56

of say it rhetorically. She said even it's

1:05:58

for audiences lack of attention. They know. Paid

1:06:00

to. There's no right wing version of our

1:06:02

shirtless has put it that way. I'm not

1:06:04

invited one, but there is no right wing.

1:06:06

But with there's no like all turn it

1:06:09

upside down earth where there's another care of

1:06:11

Rabbinic The Philips and a pullback without a

1:06:13

beard. who like do this? But for the

1:06:15

entire The Jerry Lewis I'm glad our. Galaxy

1:06:19

Like yeah right, There is

1:06:21

no joined. Then the bizarre out

1:06:23

there. Who. Are most

1:06:25

of the day so nobody so they don't

1:06:27

have that so they said to substitute for

1:06:29

that is the the So Fast on Fox

1:06:31

but books photo shoot us Brits while she's

1:06:34

got a New York lawyer she's a New

1:06:36

Jersey lawyer who has a little a rented

1:06:38

office in a we work at the get

1:06:40

used to be a we work that she

1:06:42

that she says you've got a New York

1:06:44

office he has a practice a commercial to

1:06:46

visit. I never heard of a leader Harbor

1:06:48

he's from. Bet this to do Jersey not

1:06:50

to start getting you have territorial ever where

1:06:52

you and I practice but. You. Know you

1:06:54

know enough say and I agree with you I was were time

1:06:56

we got with you. I'm

1:06:59

like from it's marketed in the army of

1:07:01

I for him it's they wanted to lead

1:07:03

then. What? Are you want to lead? Are you where we know

1:07:05

the beauty one? Or to go first? Serve. Our

1:07:07

our Lp. That and then I have to run, I

1:07:09

apologize. Then I'll wrap up with barlow Go in as

1:07:12

card has done for be in the past. And.

1:07:14

Said tomorrow is a huge day.

1:07:16

I mean tomorrow's oral arguments in

1:07:18

the Supreme court on his presidential

1:07:20

immunity as yeah, it's gonna be

1:07:22

broadcast orally. We all said tune

1:07:24

in. It's kind of the as

1:07:26

a civics lesson. I think I'm

1:07:29

the founding of this country and

1:07:31

the separation of powers and Marbury,

1:07:33

Marbury vs. Madison and all the

1:07:35

different powers and that each of

1:07:37

the branches have and what it

1:07:39

means to be President and let

1:07:41

this country was founded on which

1:07:43

is that Nobody. Is the king

1:07:45

and that we don't have a sovereign

1:07:47

that is above everybody else that we

1:07:50

has three branches, a separate. But equal.

1:07:53

And that's what I think it's

1:07:55

gonna be all about tomorrow. I'm

1:07:57

going to be fascinating. Can't wait

1:07:59

to tune in and here what

1:08:01

the oral arguments are going. Talk

1:08:04

about. But really, it's just to

1:08:06

remind everybody what this case is

1:08:08

about. It's about the difference between

1:08:10

official acts and unofficial I, civil

1:08:13

and criminal and presidential immunity and

1:08:15

what it's all that means. Okay,

1:08:17

Lexus, do that with the very

1:08:19

basic so that everyone can understand.

1:08:22

What Donald Trump is trying to

1:08:24

suggest is that he is immune

1:08:26

from criminal prosecution. For acts that

1:08:28

occurred while he was President.

1:08:31

Because while he was President,

1:08:33

he should be. ah, he

1:08:35

should get immunity. And that

1:08:37

is a question that has

1:08:39

never been formally addressed by

1:08:41

the United States Supreme Court.

1:08:44

Why? Because No President has

1:08:46

ever committed crimes like him

1:08:48

other than arguably Nixon's but

1:08:50

Nixon who understood to. Be.

1:08:53

Potentially prosecutable as a crime

1:08:55

received. A pardon because if he was

1:08:57

immune, he would not have needed apartments so

1:08:59

we never had to get to this. Point

1:09:01

for someone with actually prosecuted am.

1:09:04

Basically. What what Donald

1:09:06

Trump is saying is like if

1:09:08

I have to look over my

1:09:11

shoulder every day while I'm doing

1:09:13

my job, then I can't Then

1:09:15

I will be cautious and I

1:09:17

won't take risks and so therefore

1:09:19

I should be immune for anything

1:09:21

that I do while I while

1:09:23

I'm president. And that's the logic.

1:09:25

That example of why a president

1:09:27

or many people actually. Can't

1:09:29

be sued for their official

1:09:31

acts wall they are doing

1:09:33

their official axe right. so.

1:09:37

So. The president if he's if he's

1:09:39

doing his job, he can't be

1:09:41

civil. He sued even things that.

1:09:43

Are kind of on the outer

1:09:45

perimeter meaning there there there within

1:09:47

the stretch of his job description.

1:09:49

Those He cannot be sued civil.

1:09:52

He can be sued though for

1:09:54

his personal life any time crisis

1:09:56

like Bill Clinton was and by

1:09:58

Paula Jones he was sick. That

1:10:00

was purely personal and so he sang.

1:10:02

Criminals should be the same criminals should

1:10:04

be the I can't be prosecuted for

1:10:06

anything when I was president whether or

1:10:08

not it was official or unofficial as

1:10:10

when he starts with and then he

1:10:12

says well specially official with you have

1:10:14

to course it out and and that

1:10:17

makes no sense because him and let

1:10:19

me listen to the or oral argument

1:10:21

in the Dc circuit they brought up

1:10:23

that famous Seal Team Six example which

1:10:25

you're saying if he is this is

1:10:27

his official act as President of Commander

1:10:29

In Chief. He's in charge of Seal

1:10:31

Team Six. If he sends them out

1:10:33

to go assassinate arrival, you're saying you

1:10:36

can't be prosecuted for that. I'm

1:10:38

and you know aura when if he gives pardons

1:10:40

out that sells them one of these cells presidential

1:10:42

pardons which are not supposed to do You know

1:10:45

anything. That and that's a pardon is it is

1:10:47

clearly an official act. So it's kind

1:10:49

of makes no sense and I think

1:10:51

from that perspective. He's going

1:10:54

to lose resoundingly on that, but

1:10:56

he's making all the arguments. He's

1:10:58

also saying a couple other arguments

1:11:00

he's making that you're going to

1:11:02

here tomorrow when you listen is

1:11:04

that. Is. That in

1:11:06

order to be prosecuted was actually flies

1:11:08

in the face of his immunity argument.

1:11:10

That he said absolute immunity he says

1:11:12

he says well but if I am

1:11:15

going to be prosecuted for president is

1:11:17

gonna be prosecuted The only way to

1:11:19

do it is he has to be

1:11:21

impeached first and then ah and then

1:11:23

convicted in the senate. Is gonna lead

1:11:25

without are you think is going to make that argument

1:11:28

based on how than the that auto auto big springboards?

1:11:30

Interested in that at all. Why I

1:11:32

think is I don't think they're interested either but I think

1:11:34

is gonna say that yes I think he's going to say.

1:11:37

He's going to say you know Israelis The

1:11:40

first is going to say absolute immunity for

1:11:42

official acts. Absolute. Immunity period while

1:11:44

I'm president. Rights absolute: A minute

1:11:46

immunity, a fights if you want

1:11:49

to say no absolute immunity, than

1:11:51

the only way to prosecute would

1:11:53

be if. A. Key to being convicted by

1:11:56

a judge or or your yard with the

1:11:58

slightly different sucks because you know. You

1:12:00

and I covered really carefully. Had

1:12:03

Henderson and of Child's and their decisions are

1:12:05

fewer. Forget there is a decision here that

1:12:07

they'd have to reverse at the court of

1:12:09

Appeal at the Ttc Court of Appeals. And

1:12:11

they did a masterful job. And fifty six

1:12:14

pages are they covered all of the structural

1:12:16

immunity. And are you gotta impeaching convict before?

1:12:18

Of beauty of it of it's even if

1:12:20

Donald Trump killed somebody or the last day

1:12:22

at office, you have to go through a

1:12:25

conviction at a senate ascetic victory before you

1:12:27

could drive all these ridiculous stories. And the

1:12:29

only question on appeal. As. Frame by

1:12:31

the United States Supreme Court is the following: Whether.

1:12:34

A former president? they leaned

1:12:36

into former has immunity. Absolute.

1:12:39

Immunity for official acts I did. Everything else

1:12:41

was covered in the order and I think

1:12:43

if they start go down that road I

1:12:45

think that is a dead bank lose or

1:12:47

the quickly we're going to see. Or though

1:12:49

you know how things get frame debriefing and

1:12:51

how things break out in the oral arguments

1:12:53

are sometimes there's a mismatch and that's what

1:12:55

makes it sort of fun for us because

1:12:57

we don't. Think you don't? think I can explain. Your.

1:13:00

You don't think he's gonna say. Yeah for official act

1:13:02

you have to impeach first. He isn't arguing but

1:13:04

I don't think that's the soups. I think my

1:13:06

this is my rhymes with saying when he can

1:13:09

argue. I don't think we're young, five when I

1:13:11

don't I was a thing when it's arguments but

1:13:13

my running speculation as requests going to cut them

1:13:15

off early. We don't want to hear about that,

1:13:17

we want to focus on the question at hand

1:13:19

which we frame specifically for the i think they

1:13:22

caught a boss if he starts to go down

1:13:24

that road because that's not with the rich. Least

1:13:26

that's not with the majority is interested in. the

1:13:28

reason I say that is I think they're gonna

1:13:30

leave undisturbed. The ultimate. Decision could be robbing You

1:13:33

guys could play the spock I already oh

1:13:35

Karen lunch for be an opportunist a jury

1:13:37

selection I'm willing to pay I got I

1:13:39

got a while I like intuit your api

1:13:41

a week notice noise at the following week

1:13:43

it was could be your selection. I have

1:13:45

no no weaknesses that's a week ago be

1:13:47

the whole week either that or whatever those

1:13:49

of us I wish I wish I bet

1:13:51

bad out it was going to be the

1:13:53

first witness I would have been able doubled

1:13:55

my money or it to the specified second

1:13:57

people people maybe the ya parties were weird.

1:14:00

The narrative behind a seasonal? Don't know that, but

1:14:02

we love each other lot X's and O's where

1:14:04

we write to each other. That's or love language.

1:14:06

Legal. Competition or eight. So

1:14:09

of this is my

1:14:11

prediction. Is that

1:14:13

they're going to leave a disturbed that

1:14:15

decision led by Judge Panel Dc court

1:14:17

of Appeals but they're get a clarify

1:14:19

what issue about former and official conduct.

1:14:21

I think either you find this to

1:14:23

be not official cod.which is the road

1:14:25

the.of that Jack Smith has taken of

1:14:27

and under any of that or you'd

1:14:29

say doesn't apply to a former which

1:14:31

is very interesting of we saw that

1:14:33

in the application of the Federal officer

1:14:35

removal statutes when the Eleventh Circuit said

1:14:37

it doesn't apply to a former officer

1:14:39

hundred aware that ago they didn't write

1:14:41

former for no reason. I want to see

1:14:44

how that plays out. But. I've you're available

1:14:46

Japan were going to do it are we

1:14:48

do have a post game show on that

1:14:50

tomorrow after all argument which I soon started

1:14:52

setting up on the Midas Touch Network. Yeah,

1:14:54

I'll try to jump on but I

1:14:56

have to jump off amp up front

1:14:59

and so much for doing this and

1:15:01

facts. I'm running my crazy schedule. highlight

1:15:03

of my day specifically about good luck.

1:15:05

So let's turn to. While

1:15:08

it's couple of accounted for us because I love

1:15:10

be with current ah. There's. A reason.

1:15:12

We're. Supposed to be effective for it's together

1:15:15

and a we don't slap our foreheads a

1:15:17

off of get his his again I going

1:15:19

to do another legally off mid week. I

1:15:21

hate that the works us. We're trying to

1:15:23

clear everything out of our day. that doesn't

1:15:25

really matter in order to do it and

1:15:27

that's what we've done today. With a little

1:15:29

bit of an earlier taping for legal A

1:15:31

Affleck started to borrow Lago and I'll leave.

1:15:33

That are this. So what do we get?

1:15:35

Do their so wait around for Judge Capital

1:15:37

to do the right things he dismissed last

1:15:39

week or to died last week. Couple of

1:15:41

motions to dismiss that were. Filed. By

1:15:43

Trump's coconspirators of at least the

1:15:46

all Vieira A as elite the

1:15:48

butler at the I was called

1:15:50

of the undertaker the butler abby

1:15:52

ah maintenance worker are going to

1:15:54

a trial question is when and

1:15:56

if Donald Trump's gonna be next

1:15:58

of or not. Ah but

1:16:00

their their bid try to dismiss

1:16:02

are tight but failed now. For

1:16:05

those the watch around the world, we try to

1:16:07

do most of our. Trial.

1:16:10

Work at things that add up on

1:16:12

the docket. The electronic filing system in

1:16:14

public, especially about civil and criminal cases

1:16:16

necessary. operates. There's no star Chambers. We

1:16:19

don't you think in a box? We

1:16:21

don't You know? It's yes, things can

1:16:23

be blocked out and redacted, but things

1:16:25

need to be put under the public

1:16:27

docket. Not to embarrass people, but so

1:16:30

that the public to as as is

1:16:32

a stakeholder in our criminal justice system

1:16:34

and our civil justice system knows what's

1:16:36

going on. right? And is

1:16:38

it it isn't kept in the dark and

1:16:40

that's why there's often fights about the timing

1:16:42

is as she had a criminal case of

1:16:45

when information that was used to obtain a

1:16:47

search warrants or is been used to the

1:16:49

case or submitted to the judge is gonna

1:16:51

see the light of day. It. May

1:16:53

not be right at the very beginning

1:16:55

because of the sensitivity about grand jury

1:16:57

secrecy and protected witnesses. It may not

1:16:59

be. Ah, the first month or two,

1:17:01

it may be a year into the

1:17:03

case. Which is what we're learning now.

1:17:05

I mean.that, execution of a search warrants

1:17:07

was a year ago. August.

1:17:10

Two thousand. Two years ago. August was

1:17:12

it. Maybe two years ago. It's We're

1:17:14

just getting now information about the search

1:17:16

warrant. And are the

1:17:19

public.it. That's. The way it

1:17:21

works. Judges: There's always attention. Judges are always

1:17:23

pushing the prosecutors to put more of the

1:17:25

public docket at early intervals and rip off

1:17:28

the bandaid of redacted tape. The black tape

1:17:30

this of those we see on or documents

1:17:32

to get the public to albus a seat

1:17:34

at the table of criminal and civil justice

1:17:37

to get what the no more and prosecutors

1:17:39

of course you're like that guest who is

1:17:41

it still are going to us the geisha

1:17:44

or we're still doing interviews. or this is

1:17:46

no grand jury testimony. These protections. There's always

1:17:48

that tension and that's healthy. Even

1:17:50

the hands of judge Just judge elite

1:17:52

candidates healthy. And now we've got four

1:17:55

hundred pages southern sub redacted of information.

1:17:57

What are we learn? That. Will

1:17:59

know before. I'd ever do that. It

1:18:01

was go plasma echo that was the

1:18:03

to keep them the that was inside.

1:18:05

Added a while to find out. Wide

1:18:07

subsidies memoir down the road as to

1:18:10

it it was a leak. It was

1:18:12

listed as an investigation into the possible

1:18:14

bus handling of National Defense information and

1:18:16

the I which is it espionage act

1:18:18

violations that there was. Loose.

1:18:20

Surveillance that F B I term. I'd

1:18:22

never heard of a do this long

1:18:25

time. loose surveillance of Trump Force One

1:18:27

the airplay the Donald Trump flies around.

1:18:29

It likes to brag that it's bigger

1:18:31

and better that Airforce What? Yes, they

1:18:33

want to figure out whether their boxes

1:18:36

of their that belong to you would

1:18:38

be with National Security information or not.

1:18:40

And so they did that. they're also.

1:18:42

It was also revealed as we suspected

1:18:44

that after some additional surveillance and beginning

1:18:47

investigation that Merrick Garland are Attorney General

1:18:49

gave the green. Light. To.

1:18:51

A full blown quote. Unquote.

1:18:53

Full blown investigation. Involving

1:18:56

this that there was

1:18:58

coordination as we suspected

1:19:00

between the secret service

1:19:02

leadership. And the F

1:19:04

B I and their field offices. It's

1:19:06

in order to execute those search warrants

1:19:08

without tipping off who Donald Trump because

1:19:10

he's got. as we talked about earlier,

1:19:12

he has Twenty Four Seven a Secret

1:19:15

Service protection. He had a daddy has

1:19:17

it Now of most X Presidents have

1:19:19

it, even if they're not running for

1:19:21

office. Ah, in any of that, you

1:19:23

know Bill Clinton still has a security

1:19:25

detail running around with him for his

1:19:27

appearances, so how to be coordinated. He

1:19:29

can't just like F B. I like.

1:19:32

To and Secret Service. Is there are the

1:19:34

other side with their weapons drawn? We would like to

1:19:36

avoid that. You know friendly fire incident

1:19:39

that happens are at war a logger

1:19:41

so as coordination. Does. The same gotta

1:19:43

coordination I just reporting on. I buy

1:19:45

the stuff between the secret service ah,

1:19:47

the prison directors and law enforcement about

1:19:50

maybe Donald Trump go to jail or

1:19:52

prison. That's going on to same thing

1:19:54

here. So there was discussion. That. leadership

1:19:56

of the secret service leadership for the f

1:19:59

b i saw the field office, Washington field

1:20:01

office, local for Miami was involved. We now

1:20:03

know as we suspected local

1:20:05

us attorney president from the southern

1:20:08

district of Florida, uh,

1:20:10

in that office and also from the department

1:20:12

of justice. They listed it as a counter

1:20:14

intelligence attorney for the department of justice. If

1:20:16

I had a guest that's going to probably

1:20:18

be, um, it'll come to me in

1:20:20

a minute. Oh, I know it's not

1:20:22

a role. I promise you before this is

1:20:25

over, I'm going to tell you who that was Jay brat. Jay

1:20:27

brat is also on, uh,

1:20:29

on, um, the special counsels team and

1:20:31

does some prosecuting in the case was

1:20:34

involved with the initial negotiations with Evan

1:20:36

Corcoran to try to return the documents.

1:20:38

I would be shocked if he's

1:20:40

not the lawyer for the DOJ that was on

1:20:42

site during the execution of the search warrants. We

1:20:44

learned all of that. We learned there was a

1:20:46

safe, a real, they

1:20:49

called it the 45 safe. Right.

1:20:52

So they had to open and look inside and

1:20:54

see what was there locked cabinets, locked doors. This

1:20:57

is the stuff the secret service was facilitating. And

1:20:59

this is interesting because of the way we thought

1:21:01

about it, you know, the mental picture that we

1:21:03

got with the photos with all the, all

1:21:05

the documents spilled out on the floor and

1:21:07

the boxes that they found stacked up in

1:21:09

the ballroom and the bathrooms spilling out with

1:21:12

NDI on the ground and all that. You

1:21:14

know, I only had it in view. I

1:21:16

hadn't really thought about the sauce, the secret

1:21:18

service, uh, uh, role in all of

1:21:20

this, I just saw it as like, you know, knock

1:21:22

on the door, FBI, boom, everybody moved,

1:21:25

but they were coordinating. In fact,

1:21:27

you know, uh, the lawyers original for

1:21:29

Donald Trump, Evan Corcoran, and I think

1:21:32

Tim Parlatori told the government that they

1:21:34

wanted to be like, watch or be

1:21:36

there during the execution of the search

1:21:38

warrant. The government said, that's okay. We

1:21:40

got it. Uh, and they

1:21:42

will, they wanted to try to watch a video

1:21:44

camera. They were like, no, you're not doing that

1:21:46

either. But there was this coordination with the secret

1:21:48

service and there's, there's other information we're starting to

1:21:50

get out about statements that were made by, uh,

1:21:54

uh, the Butler by Walt Nauta co-conspirator

1:21:57

with Donald Trump promises that were made

1:21:59

of according to Walt Nauta, about a pardon.

1:22:02

There's some of that there underneath all that black

1:22:04

tape, which is interesting.

1:22:06

And it just reinforces my original

1:22:08

observation with Ben on the weekend,

1:22:10

it's like, why haven't these guys

1:22:13

turned on Donald Trump and

1:22:16

gone state's evidence, gone witnesses

1:22:19

for the prosecution? Because they're delusional,

1:22:23

and they're living in a world where Donald

1:22:26

Trump returns to the White House, and they're

1:22:28

banking on it. Is it

1:22:30

gonna be red or black? I don't know why I'm doing

1:22:32

dice when I'm talking about roulette. Is it gonna be red

1:22:34

or black at Vegas? They're like, oh,

1:22:36

it better be black. Because if it's

1:22:38

not, there's, or better be red, there's a better way

1:22:40

to put it. Or they're screwed, because they're

1:22:43

gonna get convicted, my view, even

1:22:45

by a South Florida federal jury in

1:22:47

Fort Pierce, which is a little dicey

1:22:50

for the prosecution, with the evidence they

1:22:52

have against Donald Trump. And

1:22:54

by then, they will have the

1:22:56

benefit, the prosecutors, of everything that's happening up

1:22:58

in New York. Just as I said, the

1:23:01

Manhattan DA sat in on

1:23:03

the E.G. Carroll civil rape and

1:23:05

defamation punitive damages case, times two.

1:23:08

They sat in on the New York civil fraud case

1:23:11

to watch Donald Trump and his lawyers in

1:23:13

action. They'd be fools if they didn't, and

1:23:15

they learned. It's like machine learning,

1:23:17

they learned. And they're using it now against

1:23:19

Donald Trump in the courtroom with this intel.

1:23:22

Same thing, Jack Smith. I don't know if

1:23:24

there's been reporting of any feds that are

1:23:26

in the room, but believe me, they are

1:23:28

getting the transcripts, they're getting the reporting, hopefully

1:23:30

like on legal AF, and they're learning, and

1:23:32

that's gonna bring, they're

1:23:34

gonna use it and bring it to bear

1:23:37

in the trial when it eventually gets set,

1:23:39

whenever it gets set by Judge Cannon. So

1:23:41

that's a little bit of a Mar-a-Lago update.

1:23:43

Sometimes we don't talk about things. It's because

1:23:45

there's not major massive things that have happened,

1:23:48

but in Mar-a-Lago, we thought this was a

1:23:50

new bit of information that needed some analysis

1:23:52

and context on it. We've

1:23:54

reached the end of the show, and some people I know

1:23:56

are upset, and they will be upset in the chat tonight,

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but let me tell you how you can support the show. and almost everything

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And to answer a question that's been

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record the intro at night. We run

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think the entry level membership is free, but the

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entry level membership where you get all this good

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Freeman at for

1:28:00

all things important legal Supreme Court. We're

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gonna be running a live

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feed of the Supreme Court oral

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argument related to the immunity defense

1:28:08

by Donald Trump. He loses that,

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that Chukkin trial down to the

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DC election interference cases back up

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and running before the summer and

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guys, our audience tunes in on

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a live feed Supreme Court oral

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argument, for instance, we'll get 50, 80, 100, 200,000

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watching today the oral argument

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related to the abortion decision and

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M.Tala and the federal

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law that Biden, President Biden

1:28:43

put in place to make sure that a woman,

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at least at the moment where she needs emergency

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care is gonna get proper care from her doctors,

1:28:50

including abortion if needed. I

1:28:52

looked at it, I was watching it on the Washington

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poster, CNN channel, there were, there was a

1:28:57

thousand people watching. So

1:28:59

just to show you the power of

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the collective power of this audience and why

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we're so appreciative of everyone

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we do it tomorrow, I assure you, I don't know what

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the number's gonna be, but I assure you it's not gonna

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be 1,500. It's gonna be 30,000, 80,000, 200,000, depending

1:29:24

upon how much promotion we do of it,

1:29:26

salty. So

1:29:28

until all that content I

1:29:30

just talked to you about, including the upcoming

1:29:32

Saturday edition of Legal AF, this is Michael

1:29:34

Popak with a recently, who just left the

1:29:37

show to go to her next major event

1:29:39

in her life care and freeboding tip below

1:29:41

at the midweek for Legal AF. Shout out

1:29:43

to the Midas Mighty and

1:29:46

the Legal AFs.