Justice Matters with Glenn Kirschner

Latest Episodes:

Has Trump Violated His Conditions of Pretrial Release? Apr 26, 2024

Show notes

Judge Juan Merchan is about to decide if Donald Trump is guilty of criminal contempt for violating the court's gag order at his election interference trial in New York. Assuming he holds Trump in contempt, that will represent a violation of Trump's conditions of pretrial release in his criminal cases. Why is this dire for Trump? Judge's have told him: one of the conditions he must obey while on release is that he not commit any new state, federal, or local offenses because if he does he can be revoked on pretrial release. The consequences of being found in criminal contempt may end up being even more damaging for Trump then he realizes - much more than the $1000 per violation money fines and 30 day per violation jail terms that he is now facing in Judge Merchan's court in New York.

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Trump's New York Contempt Ruling is Imminent Apr 25, 2024

Show notes

Day two of his criminal trial was no better for Donald Trump than day one. His friend and long-time associate David Pecker testified about the dirty "catch-and-kill" scheme they conspired to execute to assist Trump in his political pursuits. Pecker also testified that Trump was very detail-oriented, to the point of being a "micromanager." This directly undercut Trump's lawyer's contention during opening statements that Trump had no idea why he was writing multiple $30,000 checks (totaling $420,000 in all) on his personal checking account and delivering the checks to Michael Cohen. In essence, defense lawyer Todd Blanche was urging the jury to check their common sense at the courtroom door. Even worse for Blanche, at one point during the criminal contempt argument for Trump's repeated violation of his gag order, Judge Merchan told Blanche, "you're losing all credibility with the court". Given that the penalty for criminal contempt is up to 30 days in jail per violation, there is a very real possibility that Trump could end up in jail. Indeed, The New York Times reported that the United States Secret Service and other law enforcement agencies have been meeting to determine how they would handle Trump's incarceration if he is ordered jailed.

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Opening Statements in Trump's First Criminal Case Apr 24, 2024

Show notes

Donald Trump's first criminal trial (of four criminal trials) started in earnest on Monday with opening statements and it turned out to be something of a lopsided affair. Glenn reviews some of the points made by the prosecution and some of the . . . curious arguments offered by Donald Trump's defense attorney.

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Trump's 1st Criminal Trial Presents Real Challenges for Trump's Attorneys Apr 23, 2024

Show notes

Glenn discusses the three goals of a prosecution's opening statement and the three goals of a defense opening statement. There are always lots of tactical challenges for both the prosecutors and the defense attorneys. But there is one challenge in particular that Trump's attorney's will face, and it's a choice that may end up alienating the jurors,

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Prosecutors File Sandoval Notice of Misconduct They'll Use if Trump Testifies Apr 22, 2024

Show notes

Now 12 jurors and six alternates have already been qualified to serve on the Trump jury in the 2016 election interference trial in New York. In another development, the prosecutors just filed what's called "Sandoval Notice" detailing 13 instances of uncharged misconduct they intend to use on cross-examination of Trump in the (unlikely) event he decides to testify at trial. Glenn gives us highlights of the 13 instances of Trump's past misconduct in this new court filing.

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Judge Merchan's Unusual Jury Selection Process Apr 19, 2024

Show notes

The jury has been selected in a New York courtroom to judge the guilt or innocence of a former president of the United States. This is an important step in the direction of fulfilling the long-dormant American promise that no one is above the law. Glenn does a deep dive into several jury issues, including Judge Juan Merchan's unusual process of letting jurors self-identify as unable to be fair and dismissing them with no follow-up questions. And Glenn discusses the fact that two of the jurors are attorneys. He says this is a good thing because attorneys know the law and they can be a big asset in making sure all jurists listen to the facts and follow the judges instructions.

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New York Prosecutors Ask Judge Merchan to Hold Trump in Criminal Contempt. Apr 18, 2024

Show notes

Donald Trump has violated the gag order imposed by Judge Merchan in his New York criminal prosecution. Trump has repeatedly violated the gag order - talking about and endangering the witnesses in the case.

Now NY District Attorney Alvin Bragg's prosecutors have filed a motion formally asking Judge Merchan to hold Trump in criminal contempt and fine him. However, they are also asking the judge to put Trump on notice that any future violations will land him in jail for up to 30 days, the maximum allowed for each act of contempt.

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Recap of Trump's First Day at His New York Criminal Trial Apr 17, 2024

Show notes

Today, Donald Trump went from an aspiring "day-one dictator" to a "day-one defendant" at his big 2016 election interference trial in New York. Just days ago, Trump told his supporters that he wanted "all hell to break loose on Monday." But given the anti-Trump protests outside the courthouse today, it looked like all accountability was breaking loose.

Glenn takes on three of the legal developments at day one of Trump's New York trial.

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Evidence From Trump's Earlier Statement of Facts Contradicts His Hush Money Alibi Apr 16, 2024

Show notes

Criminal trials can often be a bit like popularity contests. Each attorney will strive to be liked, trusted, and respected by the jury. In a sense, each attorney will want to be the most popular in the eyes of the jury. But more importantly - how does the jury views the defendant? Does the defendant come across as likeable, trustworthy, or honorable?

There's one important piece of evidence that was disclosed a year ago in the Statement of Facts that accompanied the Indictment in Trump's 2016 Election Interference Case. This evidence will make him the most unpopular person in the entire courtroom. In fact, this one piece of evidence could very well lead the jury to convict Trump in a New York minute. Glenn discusses that piece of evidence as well as Trump's latest loss in his efforts to delay his trial.

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Prosecution Witnesses in NY Case: Cohen, Stormy, Hicks, Pecker, and Others Spell Trouble for Trump Apr 15, 2024

Show notes

New reports have revealed the prosecution witnesses that are prepared to testify at Donald Trump's first criminal trial and they spell real trouble for him. Those witnesses, as you might expect, include Michael Cohen and Stormy Daniels. But surprisingly on the list: former White House Communications Director Hope Hicks, former Director of the Oval Office Madeleine Westerhout and former CEO of the National Enquirer David Pecker.

Cohen in particular is a sharply incriminating witness against Trump. And for those who say that Cohen is damaged goods because he has lied previously - might not be familiar with how prosecutors meet such credibility challenges. Glenn explains how he would convince the jury that Michael Cohen's testimony is trustworthy.

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