This case against Trump is collapsing on its own: Turley

ELECTION. BACK TO YOU. >> Shannon: ERIC SHAWN AT THE COURTHOUSE. DANA. WANT TO BRING IN JONATHAN TURLEY WATCHING ALL OF THIS. DAVID PECKER'S CROSS EXAMINATION CONTINUES TODAY. WHAT ELSE SHOULD TRUMP'S TEAM DO TO TRY TO EXPLAIN TO THE JURY THAT THIS WAS NOT ILLEGAL? >> THEY ARE DOING A GOOD JOB LARGELY ALLOWING THE CASE TO COLLAPSE ON ITS OWN WEIGHT. THIS CASE THUS FAR IS ABOUT A GOOD A MODEL AS PROSECUTION AS THE TITANIC IS A GOOD MODEL FOR NAVIGATION. I DON'T UNDERSTAND WHY THEY WOULD START WITH PECKER. IN MY VIEW HE IS DISASTROUS. FIRST OF ALL, I'M SPEAKING AS A CRIMINAL DEFENSE ATTORNEY. WHAT MOST GOOD PROSECUTORS, IF THEY KNOW THE CRIMINAL DEFENSE ATTORNEY WILL BRING UP SOMETHING DAMAGING WILL BRING IT UP THEMSELVES. THE MOST DAMAGING ASPECT OF PECKER'S TESTIMONY IS THAT HE DID THE SAME THING FOR A WIDE VARIETY OF CELEBRITIES. THAT IS REALLY QUITE DAMAGING. AND BY NOT REVEALING THAT TO THE JURY IN YOUR DIRECT, THERE IS A SENSE THAT THERE WAS A HIDING OF THE BALL HERE. YOU CAN LOSE CREDIBILITY WITH THE JURY. THAT IS REALLY QUITE REMARKABLE. PECKER SAID THAT HE WAS DOING THIS FOR TRUMP DECADES BEFORE HE RAN FOR OFFICE. HE SAID HE DID THIS FOR PEOPLE LIKE SCHWARZENEGGER . WAS HE TRYING TO GET HIM ELECTED PRESIDENT? HE CAN'T BE PRESIDENT. SO AT WHAT POINT DID THE PROSECUTORS THINK THAT THIS WAS GOING TO COME OUT AND WHY THEY DIDN'T BRING IT OUT THEMSELVES? TODAY WILL BE INTERESTING. THE KEY FOR THE DEFENSE IS DON'T ROUGH THIS GUY UP. HE HAS NOT BEEN A BAD WITNESS AND TESTIFYING WITH A GUN TO HIS HEAD. HE HAS AN AGREEMENT WITH PROSECUTORS AND HE IS ACTUALLY GIVING YOU SOME GOOD STUFF. I WOULD BE VERY CAREFUL NOT TO START TAKING WILD SWINGS AT THIS GUY. >> Shannon: YOU AND I HAVE TALKED ABOUT THE FACT THAT WE KNOW THAT AT LEAST A COUPLE OF ATTORNEYS WHO ARE PART OF THIS JURY POOL AND NOW OFFICIALLY ON THE JURY, HOW MUCH DOES THAT HELP POTENTIALLY PRESIDENT TRUMP'S TEAM? THERE HAS BEEN A LOT MADE OF THAT. A LOT OF WHAT IS BEING PRESENTED MAY SOUND DIRTY TO THE AVERAGE PERSON OUT THERE IF IT DOESN'T AMOUNT TO A CRIME AND ALVIN BRAGG IS DOING SOMETHING UNIQUE TRYING TO GET TO THAT PLACE, HAVING FOLKS LIKE PROFESSIONALS ON THE JURY, WILL THAT HELP? >> YOU KNOW, SHANNON, I HAVE ALWAYS OPPOSED ATTORNEYS BEING ON A JURY AS A CRIMINAL DEFENSE ATTORNEY, I NEVER WANT THEM ON A JURY. THE REASON IS NOT TO HAVE ANY DISPARAGING REMARKS ABOUT THESE TWO ATTORNEYS. I HAVE NO REASON TO BELIEVE THEY WON'T BE UNBIASED, BUT THEY JUST SIMPLY HAVE TOO MUCH AUTHORITY IN THAT ROOM. THIS CASE HAS NO CRIME THAT IS DISCERNIBLE. MANY OF US ARE STILL DEBATING SECOND WEEK INTO THIS CASE WHAT WAS THE CRIME TRUMP WAS TRYING TO CONCEAL? IF ONE OF THOSE ATTORNEYS STATES IN THAT JURY ROOM THAT THEY THINK THAT IS A PERFECTLY VALID INDICTMENT, IT PROBABLY WILL CARRY SOME WEIGHT. THE KEY IS IT TAKES A LOT FOR PEOPLE TO STAND UP IN A JURY ROOM AND BE THAT ONE OR TWO PERSON TO SAY I HAVE DOUBTS. PARTICULARLY IN NEW YORK WHERE YOU HAVE DOUBTS OF A CONVICTION OF DONALD TRUMP. TO HAVE AN ATTORNEY WEIGH IN AT THAT MOMENT COULD SILENCE THOSE DISSENTING VOICES. THAT'S WHY I THINK IT IS A BAD IDEA AND I DON'T THINK IT IS A GOOD THING TO HAVE TWO ATTORNEYS ON THIS JURY. >> Dana: NOW EVERYONE HAS HAD A CHANCE TO HAVE A SLEEP. I DON'T KNOW IF IT WAS A GOOD NIGHT'S SLEEP AFTER THE SUPREME COURT ARGUMENT YESTERDAY AND SUPREME COURT JUSTICES HEARD THEIR LAST CASE OF ALL OF THESE AND YOU HAVE AN OP-ED, THE HEADLINE IS ORAL ARGUMENTS SUGGEST THE SUPREME COURT ABOUT TO PLUNGE INTO A CONSTITUTIONAL ABYSS IN THE TRUMP IMMUNITY CASE. WHAT DO YOU MEAN BY FALLING INTO THE ABYSS? >> BECAUSE THIS IS A CASE WHERE YOU OFTEN HAVE A CASE WHERE THERE IS AN ARGUMENT THAT IS A CLIFF ARGUMENT. YOU GO OVER THAT CLIFF AND YOU ARE NOT CERTAIN WHERE YOU WILL LAND. THIS CASE IS DIFFERENT. THERE ARE CLIFFS ON BOTH SIDES. BOTH PARTIES ARE ADVANCING FAIRLY EXTREME ARGUMENTS. YOU'VE GOT THE SPECIAL COUNSEL SAYING A PRESIDENT HAS NO IMMUNITY. AND YOU JUST HAD -- YOU HAVE THE OTHER SIDE SAYING A PRESIDENT HAS COMPLETE IMMUNITY. THE JUSTICES, YOU HAVE THE THREE LIBERAL JUSTICES SEEM TO BE SUPPORTING THE SPECIAL COUNSEL. THE OTHER JUSTICES WANTED TO FIND A THIRD OPTION AND DIDN'T BUY THE GOVERNMENT SAYING YOU HAVE TO TRUST US, WE'RE THE GOVERNMENT. YOU COULD ALMOST SEE SOME OF THESE JUSTICES LOOKING NORTH TOWARDS NEW YORK. THE THIRD LAWYER IN THAT ROOM WAS ALVIN BRAGG. EVERYTHING THEY WERE DISCUSSING ABOUT POLITICAL CASES IS UNFOLDING AT THE SAME TIME IN NEW YORK. >> Dana: DO YOU HAVE ANY LAST QUESTIONS FOR JONATHAN, SHANNON? >> Shannon: I WANT TO ASK THE SAME QUESTION I KEEP GETTING ASKED. DO WE THINK IT IS AN END OF JUNE ARGUMENT OR BECAUSE THIS CASE HAS BEEN ON A ROCKET DOCKET SPEED DO YOU THINK THEY GIVE A RULING IN MAY? >> SHANNON, AS YOU KNOW, THEY CAN GET THIS OUT AS SOON AS THEY WANT. IF THEY ARE GOING TO REMAND IT TO THE TRIAL COURT, WHICH SOME OF THE JUSTICES SEEM TO BE THINKING ALONG THOSE LINES, AT LEAST FOUR OF THEM WERE DISCUSSING THE RECORD AND WHY IT DOESN'T ANSWER SOME OF THESE QUESTIONS OF THAT LINE BETWEEN WHAT'S AN OFFICIAL FUNCTION, WHAT IS A NON-OFFICIAL FUNCTION? IF THEY AGREE WITH THAT, THEY COULD SEND THIS BACK FAIRLY SOON. AND EVEN WITH THAT EARLIER RESULT, I DOUBT THAT THE DISTRICT COURT COULD HANDLE THAT QUESTION AND STILL HAVE A TRIAL BEFORE THE ELECTION. BUT OBVIOUSLY JUNE IS THE END DATE THAT WE'LL HAVE TO BE DEALING WITH. WHAT IS ALSO CLEAR, THOUGH, IS THAT THE JUSTICES DON'T FEEL THE SENSE OF URGENCY OF THE SPECIAL COUNSEL. HE SAID IT IS VITAL TO PROSECUTE AND POTENTIALLY CONVICT THIS PRESIDENT BEFORE THE ELECTION. IT IS NOT CLEAR WHY. FIRST OF ALL, HE COULD BE PRESIDENT EVEN IF YOU CONVICT HIM. BUT THE SPECIAL COUNSEL SORT OF FLIPPED THE NORMAL POLICY OF THE DEPARTMENT OF JUSTICE TO AVOID ELECTION PERIODS FOR TRIALS. HE SAYS THAT HE MAY TRY THIS CASE ALL THE WAY UP TO OR EVEN THROUGH THE ELECTION. >> Dana: JONATHAN TURLEY AND SHANNON BREAM, THANK YOU FOR KICKING US OFF TODAY

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Id: YIn43_qOYYM

Length: 6min 55sec (415 seconds)

Published: Fri Apr 26 2024