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Submit ReviewGlenn Kirschner - he’s an NBC News and MSNBC legal analyst and former Assistant U.S. Attorney at the D.C. U.S Attorney's Office. Now you can join him for Justice Matters. Glenn brings analysis and insight to current legal issues, drawing from his 30 years as a federal prosecutor, homicide prosecutor, and Army JAG. For three decades, Glenn argued to juries and judges, breaking down complex legal issues in clear and relatable ways. Every weekday his podcast brings that same approach to his analysis of today's troubled legal landscape.
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Submit ReviewAfter a trial that lasted several weeks, a New York jury convicted Donald Trump in less than two days of deliberations. Some might say they convicted him in a New York minute. Glenn reviews the jury's guilty verdicts and discusses the upcoming sentencing and the likelihood of Judge Juan Merchan sentencing Trump to a period of incarceration.
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In further proof that Trump-appointed Judge Aileen Cannon is hopelessly biased in favor of Donald Trump, Special Counsel Jack filed a motion asking Cannon to prohibit Trump from making false, violence-inducing statements that endanger FBI agents. But rather than address the obvious violence Trump poses to others, Cannon chided Smith for not "conferring" sufficiently with Trump's lawyers before filing the motion and threatening to sanction Smith.
We are experiencing a criminal justice system turned on its head.
In this podcast Glenn reviews Smith's filing, Trump's dangerous lies, and Cannon's absurd order.
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Donald Trump is again telling dangerous, incendiary, violence-inducing lies. This time, his lies are about the FBI agents who executed the search warrant at Mar-a-Lago.
In a new court filing in Trump's federal prosecution in Florida, Special Counsel Jack Smith asks Trump-appointed Judge Aileen Cannon to modify Trump's conditions of pretrial release to include a prohibition against him making "statements that pose a significant, imminent, and foreseeable danger to law enforcement agents participating in the investigation and prosecution of this case." Smith also exposes Trump's lies about how the FBI was intending to hurt Trump's family on the day the search warrant was executed, because the FBI specifically executed the warrant at a time when neither Trump nor any of his family members were in Florida.
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It's difficult to understand how a defendant on pre-trial release in four criminal cases is still allowed to endanger the community by holding hate rallies that inspire violence.
Glenn discusses the history of Trump's dangerous and reckless rhetoric - from inspiring a significant rise in hate crimes against Asian-Americans during the COVID pandemic, to inspiring a silent attack on the US Capitol on January 6, to his most recent comments about "immigrants forming an Army" and "living in tents" in "our places."
The law provides that if a defendant who is on pretrial release in a felony case presents a danger to the community, he is to be detained pending trial. And yet, Trump remains free to endanger anyone he pleases. This is not how our criminal justice system was designed to work.
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Trump-appointed Judge Aileen Cannon should not be presiding over Trump's federal prosecution in Florida. She has brought the case to a screeching halt by declining to resolve motions in a timely manner and by refusing to even set a trial date. Judge Cannon is NOT an honest broker of the law, and the federal law requires a judge to be removed when his/her "impartially might reasonably be questioned."
Glenn reviews the latest hearing conducted by Judge Cannon which provides further evidence of her determination to slow walk the case so as to prevent a timely trial.
For a step-by-step guide to how every American citizen can file a judicious complaint form demanding a fair, impartial, and independent jurist be appointed to preside over the Trump Florida case, please click on the following link:
• Judge Aileen Cannon's Bias Is Showing
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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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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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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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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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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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