Justice Matters with Glenn Kirschner

Latest Episodes:

Trump Promises to Testify But Fails to Defends Himself in New York Criminal Trial May 24, 2024

Show notes

Donald Trump repeatedly and incessantly told the American people he would absolutely testify in his defense at his criminal trial in New York. But, when he had the opportunity to take the stand and tell his side of the story - Trump punked out.

Glenn discusses a defendant's right to testify and a defendant's right to decline to testify. But importantly, it is the defendant's decision - not the defense attorney's decision - to make. Trump is the one who made the decisions that he should not testify and could not withstand the rigors of cross-examination. He also also discusses the burden of proof in criminal cases - beyond a reasonable doubt - and how judges define that evidentiary standard for the jurors.

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Here's How a Defense Witness Blew Up Donald Trump's Case May 23, 2024

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As the only witness of consequence, Donald Trump's lawyers called Robert Costello to testify in Trump's defense. And if it wasn't bad enough that Judge Juan Merchan had to clear the courtroom for Costello's "contemptuous" behavior, the cross-examination of Costello (including with his own emails) also proved to be devastating to Donald Trump's defense.

Glenn discusses why most experienced criminal litigators know - it's really much better to put NO witnesses on the stand than to put on a weak or damaging witness in the case.

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NY Trump Trial Winds Down as Michael Cohen's Testimony Concludes May 22, 2024

Show notes

After more than 15 hours on the witness stand, Michael Cohen's testimony concluded. Although the defense attorney scored a couple points, Michael Cohen's testimony was consistent, corroborated and credible.

Interestingly, Trump's lawyer, Todd Blanche, didn't even question Cohen about the 2017 Oval Office meeting that was key to the prosecution's case. Glenn discusses this tactical decision by Trump's defense team. On cross-examination, Michael Cohen readily admitted that he stole money from the Trump Organization. Although this evidence is uncorroborated, the defense attorney will almost certainly argue in closing that the jury should take this evidence to the bank. And that will be a gift to the prosecutors, who will get the last word in their rebuttal argument.

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Justice Alito's Upside-Down American Flag Aligns Him with Trump's Insurrection May 21, 2024

Show notes

On January 6th, 2021, Trump incited an insurrection, and as a result, he is pending federal prosecution for his attempt to overturn the results of the 2020 presidential election. Trump's angry mob showed their determination to "stop the steal" on January 6th by carrying upside-down American flags.

Days later, Justice Samuel Alito's home was flying an upside-down American flag in what appeared to be solidarity with Trump's "stop the steal" efforts. There are now at least two Supreme Court justices who are disqualified from deciding January 6 cases: Alito and Clarence Thomas. Indeed, the federal law, 28 US Code section 455, requires a justice to disqualify himself from sitting in any proceeding in which his impartiality might reasonably be questioned. If the Supreme Court is to begin clawing back some of its legitimacy, Alito and Thomas must recuse themselves from ALL J6 cases.

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Michael Cohen Finishes on Cross-Examination at Trump Trial May 20, 2024

Show notes

After about 14 hours of testimony, Donald Trump's former lawyer, fixer, and criminal associate Michael Cohen is done on cross-examination. The defense scored some points on cross but nothing that significantly undermines the mountain of corroborating evidence that prosecutors introduced to pre-corroborate Cohen.

Now the testimony turns to Cohen's re-direct examination by prosecutors. Glenn explains what to expect when the prosecutors question Cohen on re-direct.

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Michael Cohen Performs Well on the Witness Stand May 17, 2024

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Donald Trump's lead defense attorney, Todd Blanche, badly bungled his opening salvo when he started his cross-examination of Michael Cohen, the single most important witness in the criminal prosecution of Donald Trump. Glenn reviews how bad and how damaging Blanche's bungle was.

In another important development, prosecutors announced that Cohen will be the final prosecution witness. Glenn also discusses what can be gleaned from the prosecution's decision to end their case-in-chief with Cohen.

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The Red Tie Brigade Veepstakes Challenge: Circumventing Trump's Gag Order May 16, 2024

Show notes

In 1974, Republican congressional leadership walked to the White House to tell a Republican criminal president of the United States to resign or be impeached. Now, congressional House leadership walked to a courthouse in New York to support a criminal former president of the United States. The corruption, corrosion, and compromise of the Republican Party is complete, as it has figuratively declared itself the pro-crime party.

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Michael Cohen's Testimony Directly Incriminates Trump May 15, 2024

Show notes

After committing crimes at the direction of and for the benefit of Donald Trump (and going to prison for it) - Michael Cohen has finally testified against his criminal associate. Cohen's testimony was directly and sharply incriminating of Trump. Glenn reviews some of the most damaging testimony Cohen provided in Trump's criminal trial in New York.

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Steve Bannon Loses His Appeal; Prison Term Dead Ahead May 14, 2024

Show notes

One of Donald Trump's right-hand men, Steve Bannon, was convicted of two counts of criminal contempt of Congress, and was sentenced to four months in prison. Unfortunately, a Trump-appointed judge, Carl Nichols, let Bannon remain free pending appeal. A DC appeals court just affirmed Bannon's convictions and gave him seven days to seek review by all of the appellate court judges (which is very likely to be rejected). Bannon is now one giant step closer to prison.

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GA Appeals Court to Review Ruling that DA Willis is NOT Disqualified from Trump Case May 13, 2024

Show notes

The Georgia State Court of Appeals has decided to review Judge Scott McAfee's ruling that DA Fani Willis is not disqualified from prosecuting Trump and his 18 co-conspirators in the Georgia state RICO case.

Glenn discusses why this development is 1. expected, 2. not good, and 3. not necessarily all that bad.

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