Justice Matters with Glenn Kirschner Crossover Media Group

Donald Trump is indicted on 88 felony counts, across four jurisdictions, for crimes he committed - many of them while he was serving as president. Trump's lawyer, John Sauer, argued before the U.S. Supreme Court that Trump shouldn't be prosecuted for the crimes that were committed while he was in office. Specifically, Sauer said that the following acts are official presidential acts that would be covered by presidential immunity: ordering the assassination of a political rival; ordering the military to stage a coup to keep the president in power after he lost an election; and selling our nation's nuclear secrets to a foreign adversary. But Glenn says he's worried about something even worse than Sauer's deeply anti-democratic, anti-rule-of-law, and anti-constitutional arguments. Some of the Supreme Court Justices seemed to be seriously entertaining those arguments. And none more that Justice Samuel Alito.

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Donald Trump, on trial in New York for 34 felony counts of falsifying business records, has denied any relationship with Karen McDougal and Stormy Daniels. Yet he arranged for them to be paid more than $100,000 each to cover up information they could provide about him, so that information would not hurt his election chances in the 2016 presidential election. He then falsified business records to disguise the true nature of the payments he made to Daniels.

Even though McDougal and Daniels took no part in falsifying those business records, Glenn explains why their testimony may prove to be some on the most damning evidence in the eyes of the jurors.

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As The New York Times reported, " Trump's Trial Could Bring a Rarity: Consequences for His Words." People are fully aware that Donald Trump says and posts anything that occurs to him in the moment, without any filter or regard for the truth of what he's saying or the consequences of the lies he tells. But now that Trump is moving from the court of public opinion into the actual courts of criminal law - there are several ways his words will come back to haunt him. Glenn discusses the three ways Donald Trump's own words will sink him at trial.

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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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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. P****r 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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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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