Trump judge faces a ‘serious problem’ if court returns guilty verdict: John Yoo

♪ ♪ >> OUR MOMENT TO MOMENT COVERAGE OF NEW YORK VERSUS TRUMP CONTINUES. THE FORMER PRESIDENT'S ATTORNEY TODD BLANCHE IS STILL DELIVERING HIS SIDES OPPOSING ARGUMENT. IT SOUNDS LIKE IT IS COMING TO A CRESCENDO. HE IS ONCE AGAIN ATTACKING THE CREDIBILITY OF MICHAEL COHEN CENTRAL TO HIS CLOSING ARGUMENT SAYING THAT THE PERFECT -- THE DEFENSE CAN WRAP UP AT ANY MOMENT. AFTER THAT, IT IS THE PROSECUTION'S TURN. UC BERKELEY LAW PROFESSOR AND FORMER DEPUTY ASSISTANT ATTORNEY GENERAL AND FORMER LAW CLERK. PROFESSOR, I WANT TO COME TO YOU AND LAY OUT WHAT'S HAPPENING. TODD BLANCHE IS LAYING OUT THE 10 REASON IS THERE A REASONABLE DOUBT. A MYRIAD OF REASONS. THIS IS ALL LAID OUT IN A 1099 IN DOCUMENTS. THERE WAS NO INTENT TO CONCEAL PRETTY SAID SOMETHING ABOUT MICHAEL COHEN THAT HAS BEEN THE THRUST OF HIS CLOSING ARGUMENT. "IF THERE IS ANYTHING WE HAVE LEARNED ABOUT THIS TRIAL IS THAT MICHAEL COHEN LIED TO CONGRESS AND FEDERAL -- HE IS LITERALLY THE MVP OF LAWYERS. DO YOU THINK THAT IS SEEKING IN WITH THE JURY? >> I HOPE SO. MICHAEL COHEN COULD BE THE WORST KIND OF WITNESS IN THE U.S. A STATE ATTORNEY WOULD EVER WANT TO BUILD THEIR CASE ON. I DON'T THINK YOU NEED A LIST OF 10. I THINK TODD BLANCHE SHOULD BE PRAISED FOR GETTING IT DOWN TO 10. THE JURY IS THERE TO DECIDE QUESTIONS OF FACT. THE ONLY REAL FACT THAT THE GOVERNMENT HAS TO PROVE HERE IS WHAT IS DONALD TRUMP'S MENTAL STATE? THE ONLY PERSON IN THE PUT ON TO PROVE THAT WAS MICHAEL COHEN. IF TODD BLANCHE CAN FOCUS THE ATTACK ON COHEN CREDIBILITY, THAT DESTROYS THE CASE. >> WE WILL LEARN SEND LETTERS IN THOSE JURY INSTRUCTIONS. IT IS CONFOUNDING TO ME TO OUR PRODUCER AND THE COURT ROOM I'M READING THEIR NOTES AND WE STILL DON'T KNOW THE SECOND CRIME THAT WOULD ELEVATE THIS MISDEMEANOR. "THIS IS ONE OF THOSE POINTS THAT SEEMS MOST RIGHT FOR APPEAL." ANY OTHER DEFENDANT, DONALD TRUMP WOULD HAVE A RIGHT TO KNOW THE CHARGES AGAINST HIM. >> THERE IS A SERIOUS QUESTION ABOUT WHETHER THE PROSECUTION HAS ACTUALLY VIOLATED THE CONSTITUTION IN THE WAY THEY HAVE CONCEALED. THE FIRST CRIME IS JUST A MISDEMEANOR. THE BOOKKEEPING ENTRY OR DOLOMITE BUSINESS. IT IS ONLY A FELONY IF IT IS USED TO COVER UP OR ENABLE SOME GREATER FELONY. THE PROSECUTION HAS STILL TO TELL US WHAT THAT IS. IT'S HARD FOR THE JURY TO DECIDE WHETHER DONALD TRUMP IS GUILTY OR NOT AND THEY DON'T ACTUALLY KNOW -- AN IMPARTIAL JUDGE WOULD SEND THIS CASE BACK OF THE PROSECUTORS AND SAY, YOU CAN PROCEED ANY FURTHER. INSTEAD, JUDGE MERCHAN LET IT GO TO SEE WHAT WAS GOING TO HAPPEN. ANOTHER CHANCE TO DECIDE WHETHER THE WHOLE CASE SHOULD BE THROWN OUT BECAUSE OF THAT LEGAL VULNERABILITY ON THE PART OF THE PROSECUTION. >> DO YOU THINK HE WILL TAKE THAT CHANCE? >> I HATE TO SAY IT. I DON'T THINK SO. EVERY TIME THAT JUDGE MERCHAN HAS A SERIOUS CHOICE IN THIS TRIAL, HE HAS SIDED WITH D.A. ALVIN BRAGG. MAYBE THAT IS THE CASE WITH OTHER JUDGES IN NEW YORK CITY THESE DAYS. I THINK THE CAUTIOUS THING TO DO ESPECIALLY WHEN WE HAVE CROSSED THE RUBICON TO ALLOW THE FIRST PROSECUTION OF AN AMERICAN PRESIDENT IN THE HISTORY OF THE COUNTRY, YOU WOULD WANT EVERYTHING TO BE SHIPSHAPE AND BUTTONED UP. INSTEAD, THIS HAS BEEN A KIND OF -- HOW WOULD YOU PUT IT? IT BECOMES A FREE-FORM TRIAL WHERE HE'S CALLING REALLY DIFFICULT QUESTIONS ON THE FLY. I THINK HE COULD HAVE A SERIOUS PROBLEM ON APPEAL. AS ART APPELLATE JUDGES CAN TAKE A LOOK AT THIS. >> THANK YOU VERY MUCH. YOUR EXPERTISE IS SPOT ON. WE TALK ABOUT APPEAL. I PRESUME IS IF THERE WAS A GUILTY VERDICT. THAT IS THE WAY IN WHICH TRUMP WOULD APPEAL. THE NEW YORK APPELLATE COURT -- THE VENUE. ULTIMATELY, YOU REALLY HAVE TO TAKE A LONG LOOK AT THE CONSTITUTIONAL SIXTH AMENDMENT QUESTION. THAT WOULD BE A FEDERAL COURT CLAIM. >> WE HAVE SEEN DEMONSTRATED IN THE FEDERAL COURTS AT THE SUPREME COURT LEVEL, THE SELF -- MOTIVATED LOWER COURTS ANTICIPATE THAT HAPPENING HERE. THE JUDGE HAS ONE FINAL CHANCE TO ACTUALLY CORRECT ESSENTIALLY ALL THE ERRONEOUS BEHAVIOR THAT HAS BEEN DONE IN THE REVERSIBLE ERROR WE HAVE SEEN WHICH IS THE JURY INSTRUCTION

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Id: iIiwla7TeRk

Length: 5min 13sec (313 seconds)

Published: Tue May 28 2024