Apr 18, 2024 Former top federal prosecutor, Shan Wu, debunks several misconceptions and falsehoods surrounding the Manhattan criminal case against Trump
3:07 recognize this case for what it is which
3:10 is that it's an election interference
3:11 case there are different reasons they
3:13 have trouble recognizing it for that but
3:16 let's review the basic facts there's a
3:19 plan by Trump and the national inquir to
3:22 quote catch and kill stories that could
3:24 have hurt his campaign back in
3:27 2016 Stormy Daniels the actress Andor
3:29 dor the model Karen McDougall were two
3:32 such stories that Trump's team deemed
3:35 potentially fatal to his election
3:37 because it was coming on the heels of
3:39 this Access Hollywood tape where as we
3:42 may recall he was caught bragging on
3:46 tape about being able to grab women by
3:48 the genitals without their consent
3:50 groping them kissing them now today it
3:53 may be a little bit hard to remember
3:55 just how shocking that story was back in
3:57 2016
4:00 that's because I think we've all become
4:01 so accustomed or numbed to Trump's
4:04 actions that he's normalized so much of
4:06 what used to be deemed completely
4:08 unacceptable or fatal to a politician's
4:11 chances but to give us an idea of just
4:14 how bad the tape really is the judge in
4:17 this case Juan Maran has ruled so far
4:20 that it can't even be played to the jury
4:23 the transcript can be shown but not the
4:25 actual video presumably the judge is
4:27 feeling that actually seeing and hearing
4:29 Trump in real time on the video saying
4:31 these things would be so prejudicial
4:34 about his character that would outweigh
4:35 any benefit in terms of evidence now I
4:38 don't agree with that decision but it
4:40 does convey just how bad an effect that
4:43 video can have on people and certainly
4:46 back in 2016 in the final weeks of the
4:48 election it would have and did send
4:51 Trump's team into a panic crisis control
4:54 mode now that likely motivated their
4:57 urgency behind paying stormy Daniel and
4:59 others to stay silent now remember the
5:02 crime isn't the payment of money I mean
5:05 you're allowed to pay somebody to be
5:06 quiet about something for example
5:08 through a non-disclosure agreement no
5:10 the crime is the fact that Trump
5:13 falsified business
5:15 records to conceal those payments to
5:17 disguise the real purpose of them they
5:20 were money spent obviously to further
5:22 his campaign chances but they weren't
5:24 reported that way so it's pretty
5:26 straightforward you can make a contract
5:28 with whoever you want and pay them for
5:30 confidential confidentiality and silence
5:33 but you can't then try to hide the
5:35 payments by falsifying business records
5:37 that's a crime and if the money is being
5:40 spent to help your campaign then you
5:42 need to disclose that under campaign
5:45 Finance laws because the whole point is
5:47 for there to be transparency in what's
5:49 really being spent on politicians
5:53 campaigns so let's take a look at
5:56 whether three well-known commentators
5:58 get this right
6:00 first up we have Professor Jonathan
6:02 Turley of George Washington University
6:04 law school you may remember him from the
6:06 impeachment procceedings here is what
6:09 Professor Turley had to say on Fox News
6:12 and let's take a listen I'll talk to you
6:14 on the other side in this case you're
6:16 taking this misdemeanor Reviving it
6:18 because it was dead suggesting a crime
6:21 that doesn't exist and then hitting
6:24 Trump with dozens of counts most
6:27 citizens at least outside New York see
6:30 that for what it is it's the
6:31 weaponization of the Criminal Justice
6:34 System a crime that doesn't exist what
6:37 does he talking about so first as far as
6:39 I can tell Professor Turley has never
6:41 worked in the prosecutor's office
6:43 although he did serve as an intern for
6:45 the Department of Homeland Security
6:46 before embarking upon a very
6:48 distinguished career as a law professor
6:51 but as a law professor he should know
6:54 that the crime of quote first-degree
6:55 falsifying business records under New
6:57 York law certainly exists
7:00 you might also think you would know that
7:02 it has been charged quite frequently by
7:04 the Manhattan DA's office how frequently
7:08 well in fact from 2014 to 2023 it's been
7:12 charged some 10,000 times so that's a
7:15 lot of existence if you ask me and
7:18 that's something you can look up
7:20 yourself as to just how many times it's
7:22 actually been charged then there's
7:25 Professor Robert Hassen a UCLA law
7:28 professor and he's an expert on Election
7:30 law as well as campaign Finance he
7:33 writes in the Los Angeles Times that
7:35 it's hard to muster even a me over
7:38 Trump's New York criminal trial his
7:40 words they're headline in support of
7:42 this the election law scholar says and I
7:45 quote although the New York case gets
7:48 packaged as election interference
7:50 failing to report a campaign finance
7:52 payment is small potatoes in terms of
7:55 campaign Finance crimes willfully not
7:58 reporting expenses
8:00 to cover up an affair isn't interfering
8:03 with an election along the same lines of
8:05 trying to get a secretary of state to
8:06 falsify vote totals or trying to get a
8:09 state legislature to falsely declare
8:11 there was fraud in the state and submit
8:13 an alternative State slates of the
8:16 electors so he thinks that you can draw
8:19 a distinction between the kinds of
8:21 crimes here he writes there's a fairly
8:24 bright line between attempting to change
8:26 vote totals to flip a presidential
8:29 election
8:30 and failing to disclose embarr
8:32 embarrassing information on the
8:34 government form if every campaign
8:37 Finance disclosure violation is the
8:39 election interference our system is Rife
8:41 with it end of his quote so let's think
8:44 about what this election law scholar is
8:47 implying he's saying don't bother to
8:50 prosecute election law violations
8:52 because it's done all the time that's
8:54 the kind of moral relevan ISM that buys
8:57 you corruption and dictatorships
9:00 but even the professor's own internal
9:02 logic doesn't make any sense when you
9:04 read through his full
9:06 opinion because after putting down
9:09 Trump's actions as quote Small Potatoes
9:12 he then references the charging of
9:14 former Senator John Edwards as an
9:16 example of a failed campaign Finance
9:19 violation prosecution presumably he
9:21 thinks it failed because it's not really
9:23 important to prosecute campaign Finance
9:25 violations John Edwards was not a small
9:28 potato case Edwards was a former
9:32 presidential candidate and the former
9:34 Democratic Vice Presidential
9:36 nominee I've been at a high level in the
9:39 Justice Department I served as the
9:41 council to the attorney general I can
9:42 tell you there would have been a lot of
9:45 careful consideration before bringing a
9:47 case like that now by the way do you
9:50 know who was the prosecutor who tried
9:52 the John Edwards case Jack Smith yep the
9:55 same Jack Smith who has brought charges
9:58 against Trump as a special counsel for
10:01 election interference and mishandling of
10:03 classified
10:05 documents now Professor hasson's closing
10:07 argument is the following he says quote
10:11 anything less than a felony conviction
10:13 would only embolden Trump he has already
10:15 convinced a chunk of Republican voters
10:18 that all the claims against them are a
10:19 Witch Hunt a hung jury or quiddle or
10:22 even a conviction on minor charges would
10:25 only feed the lie that all the
10:27 indictments he's racked up are bogus end
10:29 of his quote I'm sorry but the fear of
10:33 losing is not the way to dispense
10:35 Justice prosecutors should charge the
10:38 crimes that the evidence
10:42 proves now last
10:44 up the Washington Post columnist Ruth
10:47 Marcus who did go to law school although
10:49 she doesn't practice law she entitles
10:52 her piece quote why did this semi Trump
10:56 trial have to be the first unquote
11:00 in a lot of ways that headline says it
11:02 all Marcus's Pearl clutching perspective
11:05 on the case now what strikes me about
11:08 her opinion piece it's not really the
11:10 faulty legal analysis because she
11:11 doesn't really do any legal analysis she
11:14 speculates about how a jury might hang
11:17 she writes quote so the case will go
11:20 forward starting Monday but it's not
11:22 hard to imagine that jurors could B it
11:25 just takes one to produce a hung jury
11:28 had shoehorning Trump's payments to
11:30 Daniels however odious into the
11:33 tangential crime of falsifying business
11:35 records which was outlawed to ensure
11:38 that New York citizens businesses and
11:40 investors could rely on the financial
11:43 accuracy of Corporations operating in
11:45 the
11:45 state how were voters harmed by false
11:49 bookkeeping entries they never saw now
11:52 holding aside the fact that that's so
11:53 wordy she should be teaching law
11:55 actually here's the answer to the
11:57 question voters were harmed because
11:59 there is a violation of campaign Finance
12:01 laws which are meant to keep campaigns
12:04 transparent that's how they're harmed
12:07 this is hardly insightful legal analysis
12:10 any jury can hang everybody knows that
12:12 she also goes on to try to give her
12:15 expert views on Michael Cohen as a
12:17 witness that's Trump's former lawyer and
12:20 she writes moreover a key witness in the
12:23 case Cohen is a Serial admitted and
12:26 convicted liar perhaps one reason
12:28 Federal prosecutors did not pursue the
12:30 election case against Trump in early
12:33 2021 Cohen pleaded guilty to lying to
12:37 Congress and she writes when he tried to
12:39 get his sentence reduced prosecutors
12:41 resisted arguing he had lied to them in
12:43 his interviews after promising to
12:45 cooperate most recently a federal judge
12:47 denying Cohen's bid to be released from
12:49 Court supervision said Cohen had
12:52 admitted lying under oath when he plead
12:54 guilty to tax evasion unquote okay so
12:57 what is she really telling us to do we
12:58 all understand understand Cohen pled
13:00 guilty we all understand that he's going
13:02 to be cross-examined over that but she
13:05 adds quote in short Cohen is a defense
13:08 lawyer's dream
13:10 unquote as a former prosecutor I beg to
13:12 differ I've also been a defense lawyer
13:14 Cohen is not a defense lawyer's dream
13:17 even though he's talked a lot publicly
13:19 about his views on Donald Trump he has
13:22 never wavered from the basic facts that
13:25 formed the evidence of the payment to
13:27 Stormy Daniels that was covered up
13:30 no what's striking to me about Marcus's
13:33 point of view is the sense you get from
13:35 her that important cases can't involve
13:38 anything she deems to be quote SEI and
13:42 while it might be a pet peeve of mine I
13:44 don't like her throwing around the term
13:45 porn star that way for a couple reasons
13:49 it reminds me of when I prosecuted sex
13:51 crimes cases how there was a built-in
13:53 prejudice against investigating or
13:55 Prosecuting sex crimes involving victims
13:59 who were involved in any kind of sex
14:01 work or ones who might have been
14:02 trafficked think about it this way
14:05 imagine that Marcus says this beist
14:08 actor as though the fact that an actor
14:10 is a quote beist actor means that
14:12 they're going to make a lousy witness of
14:15 course using the term porn star is a lot
14:16 more pejorative but you get the idea
14:19 what should count is really whether or
14:22 not the strength of the evidence The
14:25 credibility of the person testifying is
14:27 going to be strong that's what you need
14:29 to judge them on not the kind of work
14:32 that they do you might get an idea of
14:35 where Marcus stands on these kinds of
14:37 issues when you take a listen to what
14:39 she talked about with regard to the
14:42 district attorney in Fulton County
14:44 fonnie Willis you might recall that
14:47 Willis was the victim in my opinion of
14:49 quite a smear campaign and trying to get
14:51 her disqualified let's take a listen to
14:53 what Ruth excuse me what Ruth Marcus had
14:56 to say about that fonny Willis
14:58 disqualification effort
14:59 I'll talk to you on the other side
15:00 Behavior by a prosecutor I'm sure lots
15:03 of people watched fonnie Willis and
15:05 thought you go girl I watched it and I
15:08 cringed this is not the kind of
15:11 information and behavior and
15:14 observations that we want to hear from
15:16 our prosecutors I thought um she in one
15:20 sense stood up to Donald Trump and his
15:24 allies but she really well she'll
15:27 survive this episode in terms of
15:29 disqualification I thought she really
15:31 tarnished herself so Ruth Marcus cringed
15:35 not at the racist sexist smear campaign
15:38 against fonnie Willis but about Willis
15:40 defending herself you kind of get the
15:42 sense that maybe for her the only proper
15:44 cases prosecutions or cases at all are
15:47 ones she thinks are prim and proper the
15:52 real problem with all three of these
15:54 points of view is that it reflects one
15:57 of the big sources of Injustice within
15:59 our criminal justice system and that's
16:02 the misuse of prosecutorial discretion
16:05 and the misuse of really law enforcement
16:08 discretion prosecutors get to choose
16:11 which cases they bring and too often
16:14 opinions like those being expressed by
16:16 turle Hassen and Marcus have factored
16:19 into those decisions sometimes it's
16:21 conscious sometimes it's unconscious but
16:23 the result is it Shields the powerful
16:26 from accountability oh it may come
16:29 masked as this is too novel a legal
16:31 Theory to try which really means we're
16:33 afraid of the embarrassment of losing a
16:34 high-profile case and it also can mask a
16:38 fear of losing because the person
16:40 they're going against is a celebrity
16:42 type personality interestingly the DJ
16:45 manual Express expressly flags that as
16:48 an improper reason to decline a case
16:51 prosecutors can't be afraid to take on a
16:54 popular personality or to take on a
16:57 unpopular cause
16:59 it's the justice that counts it's not a
17:02 popularity
17:03 contest whenever these kinds of excuses
17:06 materialize what it almost always means
17:09 is that the privileged and Powerful are
17:12 being protected at the expense of the
17:15 rest of
17:15 us so I'm Shan woo this has been a hot
17:18 take on underc color of law as the Trump
17:21 trial is getting underway I look forward
17:23 to hearing your comments and suggestions
17:25 keep those comments coming I really
17:27 appreciate the input see you soon enough
17:30 send him to the big house not the White
17:33 House get the new exclusive te's mugs
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