Justice Matters with Glenn Kirschner Crossover Media Group

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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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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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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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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