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March 20, 2023 - Lionel Nation
13:20
The Criminal Prosecution of Donald Trump
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This is the question.
Can Trump get a fair trial?
I love this question.
Can Trump or media people, famous people, Is there such a thing as a fair trial?
Does this make any sense to you?
What does that even mean, fair?
What does fair mean?
What does justice mean?
How does that work?
Can an ex-president get a fair trial?
Is that even possible?
Can you have an unbiased jury, a jury that listens to this, that can focus on this?
Is it possible?
Well, what are the considerations?
What are the legal issues?
What are the factors that go into what is and isn't fair?
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Okay, my friend, I don't care what you think about Trump, like him, whatever.
Does it matter?
That's not the purpose of this.
This is a legal analysis.
The first question is, can Donald Trump, former President Donald Trump, get a fair trial, assuming, it seems, he will be indicted, most likely Tuesday, this coming week, in Manhattan, and he might be charged with a misdemeanor or maybe a felony.
From what we can figure out, it's very difficult.
Very difficult.
It's like standing outside a...
A stadium and trying to guess the score by virtue of the crowd noise is very, very difficult.
So that's the first question.
Can Donald Trump get a fair trial?
Well, there was a wonderful case years ago, not a wonderful case, but a holding, Michigan against Tucker, which said, in essence, that...
A defendant is entitled to a fair trial, not a perfect one.
Well, what is fair?
People think of fair as being sterile, uncontaminated by any kind of publicity, uncontaminated by social media.
By the way, social media changes everything.
In the old days, we used to have things called change of venue.
Change of venue.
Change of venue.
There's so much information, right?
There's so much publicity.
We have to go to a different county, a different part of the state.
Remember the Scopes Monkey trial?
That was where we had to go.
I think Murph the Surf, which was a case which was so huge.
Today, where are you going to go?
Where do you go where you are not affected?
By publicity.
And does publicity in and of itself destroy or affect a person's ability to enjoy a fair trial?
That's the thing.
Now, what happens if somebody says, let's claim, let's suggest publicity.
Donald Trump, through his lawyers, says, we can't do this.
We can't abide by this because of the fact that there's so much publicity.
But you're putting publicity out.
You're doing it.
You and your family and your son and all of the stuff that you're saying, you're doing this.
Does that matter?
Well, I guess it does.
But is the publicity Helping you?
Here's the ultimate issue.
What does it do, since we focus on publicity?
Do you think it affects a prosecutor?
Certainly.
Do you think a jury's going to hear it?
It's going to affect them?
I don't know.
I think they're going to be told, don't ever talk about, don't read things.
Does that really matter?
It depends.
I think it depends greatly.
If you are constantly referring to your News sources and you're constantly hearing what they're saying about the case.
You, most probably, would be in the position where you would be tainted, you would be affected, you would be most likely You might kind of change.
You might think like, well, you know, this is what they're saying, so I'm going to kind of look at things differently.
Yet I'm going to put all that aside and tell you that I've always believed that when push comes to shove, when jurors are asked to listen to the facts of the case, You'd be surprised what they come up with.
You'd be surprised.
Usually, prosecutors bring damn good cases.
Usually.
People always think that somehow a prosecutor brings a case and that there's nothing there.
The prosecutors had all the time, pretty much in the world, for the most part, to work through it.
To run through, I don't want to go through mock juries, I don't think that's a good idea, but through talking to people, finding the weak points, taking all of the time it wants to say, I get the chance to knock you out, one shot, but I can take all the time I want to read your x-rays, your prior knockout history, if you have any prior broken bones, I can kind of wait a long time.
And me, Hardly a boxer.
If given enough preparatory time, I might be able to hit the glancing blow perfectly.
Now, the issue I thought fair is really this.
What about prosecutorial bias?
Why does a prosecutor pick this case?
Is it because of political reasons?
Is it because he's trying to advance a career?
Is it because he thinks the people want this?
Is it to make a name for yourself?
Prosecutors throughout history, Rudy Giuliani, Thomas Dewey, being a prosecutor has been one of the greatest stepping stones to political fame.
But is that wrong?
Who, or how I should say, do we factor in the motivation?
How do you motivate?
What was it that made Alvin Bragg select this?
When he stepped down and paused it.
Remember, he had some high-level prosecutors who quit out of frustration because Bragg showed a disinclination to proceed.
So did his predecessor, Cy Manz.
So, what happened?
Does that matter?
It matters, but it's nothing you can do.
There are a host of reasons, a myriad of reasons, why a prosecutor not only gets to pick a case, but elects which one to take and what to charge with.
There's discretion.
There's discretion.
When I prosecuted, we had a very, very simple rule.
Well, it was almost unwritten.
And that was, this is an example, and I remember the case, one in particular, a man who went to a convenience store, whatever, and he stole some things, baby formula, pampers, things like that.
We thought, no, no, no, no, no, no, no, no.
There are ways to handle this through a diversion program, maybe some kind of restitution.
No, we have the ability, the right, the wherewithal to decide which case to.
But we're not going to do that.
We're not going to determine how...
We're just not going to do that.
We have limited resources.
We have some serious cases.
And we also want a case where every prosecutor feels good about it.
This is important.
And many prosecutors, there's another old standard, I'd rather have a strong misdemeanor than a weak felony.
So if you're going to proceed against Donald Trump as a prosecutor, you better come back with a verdict of guilty.
Remember, this deals with improper record-keeping, and in order to make it a felony, or to prove it's a felony, to make it felonious, you have to prove that he did it in order to conceal an additional crime.
I don't want to tell you it depends, but when you talk about fair trial, change of venue, what is or isn't, a lot of the issues, a lot of the questions that you might ask, which are very, very, very good and very interesting, they deal with questions that people have always had regarding matters like this.
We've always wondered whether it's fair.
We've always wondered what motivates prosecutors and the like.
All right, I would love to hear very much.
What do you think?
What are your thoughts and concerns?
What are your questions for me?
What do you think about this?
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