March 23, 2023
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33:58Now PlayingAmerica’s Lawyer E45: Donald Trump’s legal problems finally caught up to him in New York this week, with prosecutors ready to face him head-on in court. But this case might end with more of a whimper than a bang, and we’ll explain why. A former detainee at Guantanamo Bay says that Ron DeSantis personally oversaw his torture while he was held in the military prison. And your toilet paper might actually be poisoning you – we’ll bring you the disturbing details. All that, and more is coming up, so don’t go anywhere – America’s Lawyer starts right now.
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Transcript:
*This transcript was generated by a third-party transcription software company, so please excuse any typos.
Donald Trump's luck might have finally run out in New York as prosecutors are ready to take on the former president for his hush money payment to adult star Stormy Daniels. Ring of Fire's Farron Cousins joins me to talk about it. Wow, what a case. You know, as I look at this, I love, I love to see all the law professors line up on a case like this. And if you read the law professor's take on it, the case may be DOA. I mean, they say that because, yeah, he can win. The prosecutor can win in New York. I mean, he, you're gonna have a blue juror. You know, you're gonna have blue judges. He can win there. But the appellate issue is really sticky here, isn't it?
It truly is because, you know, they have these interlocutory appeals, which basically means before you even get a judgment in that jury trial, assuming you even go that far, the defense can appeal this, and they can basically pick it apart. Say, we're gonna appeal this part, we're gonna appeal the statute of limitations. We're gonna appeal on this piece of evidence. We're gonna appeal this. They can tie it up possibly for years.
Oh, they can, they can.
With these appeals.
Well, okay. So first of all, you move to dismiss. I think, let me make a prediction. The move to dismiss is gonna be somehow centered on a constitutional question. The constitutional question is, can a state prosecutor go ahead and piggyback a federal claim with the state claim? The underlying claim in the state case is the records, the business records fraud. Where fraud, where apparently, if you believe what's said here, Trump said to his lawyer, Cohen, go ahead and pay off McDougal and pay off Stormy Daniels and then disguise the payoff. Make it look like it was legal services. And then we're gonna open an account offshore. It's gonna be an offshore account. You can pay through there and disguise it. If they pin all that, it certainly looks like intent to me. I mean, I think the intent question is pretty straightforward. But I gotta tell you, this case fails.
It fails on a constitutional level, and I think Bragg, maybe he's just hoping he can take Trump out of the picture. He certainly can. But with interlocutory appeals, with the number of gyrations that defense is gonna be able to do on this case, I think you gotta due process argument here. I mean, that's a fundamental due process argument. And that is that, you know, you've got, you've gotta be able to say, first of all, did he know, did Trump know when he was doing this, that it was violating this statute, this new law that has been created by Bragg? You see what I'm saying? He's creating a new law. And if you look at the best case for him is to say it's a due process argument. So let's assume I did that. Let's assume I told Cohen that he could do that. I didn't know that there was this thing that was invented by Bragg, and therefore it is a due process argument. There's so many ways that he can delay this. There's so many ways that the presidential election can be over by the time this is done. And Bragg could come out looking like a fool. I'm sure he is aware of that. I like that he's taking a chance. I like that he's taking a shot at it. Who knows?
Well, to me, the whole thing is weird that he chose to revive this whole Stormy Daniel's issue in the first place. We know from last year when Alvin Bragg took over.
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