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April 17, 2024 - Lionel Nation
09:48
Trump’s Battle Plan: Taking Charge of His New York Court Case
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I'm going to speak to you as a lawyer would, as a prosecutor would, as a defense lawyer would.
I'm going to speak to you like a legal colleague and explain to you that one of the most important aspects of the trial It's jury selection, or voir dire, V-O-I-R-D-I-R-E, to speak or to say the truth.
In jurisdictions with liberal voir dire rules, it's mastery.
It's almost a mini trial.
My...
This nascent beginning in this world allowed me the opportunity to enjoy voir dire and jury selection that nobody else has ever been able to see.
I could ask questions and consider it an art form.
Because what you're hearing right now and what you're seeing regarding Trump is ridiculous.
What magazines you read, what TV shows, this is stupid.
And the first rule you must understand about jurors is that they lie.
Juror number one, do you promise to listen to the facts of the case and to hold off making any decisions until all the evidence is in?
Oh, absolutely.
No.
We don't want you to read anything.
Don't look at your phones.
Don't read the news.
Okay, sure.
Are you kidding me?
The phone is like their arm.
It's like their...
It's like, don't use your arm during this.
Of course they look at this.
Of course they're going to tell people, I'm on the Trump jury.
Yeah, I'm on it.
You're not going to believe it, I'm on the Trump jury.
Really?
Oh yeah, what's he like?
What's it like?
Are you kidding me?
You've got to understand how this thing is.
Here's a question I would ask.
First question, right off the bat.
Have you ever been accused of something you didn't do?
It's the best question there is.
Absolutely the best question.
How did that make you feel?
How would you disprove something you didn't do?
How do you unprove something somebody's accused you of?
Well, in the criminal justice system, you don't have to unprove, disprove, or counterprove anything.
The prosecution has that burden.
And that's something that we say all the time.
I don't think people recognize how important that is.
That's the Fifth Amendment.
Not only does the defendant not have to prove anything, he doesn't even have to take the stand.
You can't even mention him not taking the stand.
That's a clear mistrial.
If the prosecution so much as intimates, hints, that he's not taking the stand, that's it, it's over.
If the prosecution said, I saw this one time.
Years ago, this prosecutor said, well, you know, they say there's two sides to every story.
Well, you never know it looking at this guy.
That was good enough.
Mistrial.
You commented on the defendant's right to remain silent.
You can get a mistrial even if you testify that the police, when asking the defendant at first, what happened?
He said, I'm not talking.
I want a lawyer.
You can't comment on it!
That's the beauty of this.
And to ask a jury, if only you could say, if you're the last holdout, enough time is never ever paid to this, because what you want is you want a hung jury.
If you are the last holdout, 12 angry men, whatever it is, and you say, I don't believe...
They proved the case.
Are you really telling us that you're going to be able to go back into your neighborhood in Manhattan?
Or Manhattan, as they say?
And you're going to be known as the lone juror?
Would you be proud to say, wait a minute, I was there, you weren't.
They didn't prove this case.
They didn't prove it.
The case isn't about hush money.
It's about this business records falsification.
It's lunacy.
But do you have that gumption?
Do you have the balls to do this?
The guts?
It's easier said than done.
Easier said than done.
It's like something that you have to understand what it is like unless you're in this position.
Do you have that ability?
These are the questions.
That you want those jurors to understand.
But they're not being told this because they're asking stupid questions about what shows do you watch?
Do you know what MAGA is?
I mean, just, this is ridiculous.
That's not going to get to the emphasis, to the gravamen, to the stuff that really matters.
Jury instructions, I'm going to talk more about that, but the jury instructions in this are absolutely critical.
Jurors have to be told, have to be given the instruction that hush money, NDAs, catch and kill, you know, these provisions where you buy somebody's story and then you basically own it.
This is not against the law.
This is either through a motion in limine or through a jury instruction.
Just like in the case of this Daniel Penny, there's got to be this rule that says, do not call this a chokehold.
That was not a chokehold, what he used or implemented.
This is a carotid restraint.
Chokehold is what people think of.
Chokehold, they think of George Floyd.
Who knows what they think of?
These are the critical...
Applications of pretrial motions and the artful use of jury instructions and the like motions in limine.
Being able to tell and to craft ahead of time.
And whenever the judge refuses, that's another point on appeal.
You're setting up the record so that when you appeal, you've got a hundred things that the judge either denied or admitted.
Upon your objection, you object to preserve the record for appeal.
You object, object, object, object.
Cross-examination also.
Stipulate.
Don't have Stormy Daniels, Dusty Saddles, whatever her name is.
On there for a moment.
Unless you say, may I read to you, may I read to you what you said?
You said specifically that there was never sex.
Would you please explain that to me?
So were you lying then or are you lying now?
If she's on there.
Michael Cohen, this guy's too.
What are you doing here?
You're a convicted felon for what?
For perjury.
For perjury.
That's if you get there.
I say get him off.
Get them off the stand.
That doesn't mean anything.
Because what Trump is being charged with has nothing to do with this.
Get them off the stand.
Because that keeps reminding the jurors, especially women, that he's a tawdry skirt chaser, that he's an adulterer.
This is what people have to understand.
That's not what he's being charged with.
It's a very dry, a very boring case.
Very boring.
My friends, listen to me when I tell you this.
I make no bones about my support of President Trump in the re-election.
But as a lawyer, don't be surprised if they convict him.
But here's what he can do to lessen those chances, those probabilities.
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