Legal AF by MeidasTouch - BREAKING: Trump Organization GUILTY on ALL COUNTS in Criminal Trial (Feat. Michael Cohen)

Episode Date: December 7, 2022

Legal AF hosts Michael Popok, Karen Friedman Agnifilo and Ben Meiselas are joined by guest Michael Cohen to break down the conviction of the Trump Organization on all counts in the criminal trial in N...ew York. Shop Meidas Merch at: https://store.meidastouch.com Join us on Patreon: https://patreon.com/meidastouch Remember to subscribe to ALL the Meidas Media Podcasts: MeidasTouch: https://pod.link/1510240831 Legal AF: https://pod.link/1580828595 The PoliticsGirl Podcast: https://pod.link/1595408601 The Influence Continuum: https://pod.link/1603773245 Kremlin File: https://pod.link/1575837599 Mea Culpa with Michael Cohen: https://pod.link/1530639447 The Weekend Show: https://pod.link/1612691018 The Tony Michaels Podcast: https://pod.link/1561049560 American Psyop: https://pod.link/1652143101 Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript
Discussion (0)
Starting point is 00:00:00 This is Michael Popock, legal AF with my co-anchor Karen Friedman at Nifalo for a special Trump organization has been convicted of all 17 counts midweek show. You heard it right folks. I know that's why you joined. We finally have our first major conviction of a Trump and Trump related entity. The only entity that matters to him is the Trump Organization. Ever since he changed the name of it, what his father left it to him, and as well, that has been the primary vehicle for the family Trump to do all of their business slash grifting
Starting point is 00:00:41 from the very beginning. So for the Trump Organization, to now have a jury in a Manhattan trial court, Manhattan Supreme Court, come back after less than one full day of deliberation and find that the Trump organization is guilty of all 17 counts of tax evasion and fraud that the prosecutors had put on. They didn't get off on one. There was not one hung count. All 17 counts have now been reached by the jury and that's all guilty, guilty, guilty 17 times against the Trump Organization. As I suggested in my hot take yesterday, the fact that the defense had even thought about moving for a
Starting point is 00:01:27 mistrial during closing arguments in response to the prosecutor putting up evidence that had already been produced in the case that demonstrated for the jury that even Donald Trump knew about the fraud, the payments under the table to his three key executives for years to allow them to pay for without any tax consequence to them. No tax liability for them, for apartments in Manhattan, for tuition, for children and grandchildren, for car services. And as people that live near Manhattan know those things all add up pretty quickly.
Starting point is 00:02:08 This went on for years until 2017, after Trump already was in office, and they then decided to clean that mess up led by Ivanka and led by the children, and ended up just giving those executives $200,000 more a year to cover all of these benefits that they had been getting under the table. It was a benefit to the Trump organization. That's the fraud because they were able to take these things as improper
Starting point is 00:02:39 tax deductions, meaning they lowered their payroll taxes and didn't have to pay taxes on that. And the recipient of this benefits under the table, Alan Weisselberg, Matt Kalamari, and the CSI and this controller, they declare it as income to themselves. Of course, who got screwed in this? You mean all the rest of the US taxpayers. That's what the jury has found found and that fact that they changed their practices after Trump became president. I'm sure it was one of the things that the jury focused on to say there was knowledge at the ownership level, the highest level of the fraud.
Starting point is 00:03:20 Remember that the defense primarily focused on that this was just the defense for the Trump organization that this was just the rogue acts of three out of control executives that the senior ownership that means the Trump family had no idea, no idea that these payments were being made. I mean, I can't even get that out with a straight face. I don't know how the defense team did. But that was their defense. That Alan Weisselberg who testified,
Starting point is 00:03:49 who was, as I called him, the bride at the wedding and the body at the funeral, he testified that, yes, it was on him, but he also had a testify that people above him, meaning the Trump family, knew about these benefits being paid to him. And I'm sure Alan O'Weisselberg's testimony was very important to the decision making by the jury. Karen Friedman, Ignitilo, formally the number two prosecutor, the number two head of that office, the Manhattan DA's office that
Starting point is 00:04:18 just got this tremendous victory. I want to bring you in now to talk about what your observations are about the trial that was put on the prosecution decisions that were made. And now where do we go from here? Now that Alan Bragg, the head of that office, I guess anticipation that he was going to win this this trial, just two days ago, hired a new giant supercharged prosecutor to join his team and Mr. Calangelo, who's gonna focus, I am sure on Donald Trump now. Let me hear your thoughts, Karen.
Starting point is 00:04:50 What you think about the prosecution team? I'm sure you know them and the results and where do we go from? Yeah, this is a sweeping, sweeping victory for the Manhattan D.A.'s office. And I can't tell you how proud it makes me to see that the office that I grew up in and have loved all these years just made me proud again today that they could handle a case
Starting point is 00:05:10 like this and bring it across the finish line. This was a case that was started by Sy Vance. And Alvin Bragg, who's the prosecutor who took office in last January, almost a year now, he, he have to give him a lot of credit. He put, he put superstars on this case. He put soos and hoffinger, as well as Joshua Steinglass. Josh Steinglass is one of the senior trial counsel
Starting point is 00:05:38 in the, in the office, which is, I like to call them the thoroughbred race horses of the office are the senior trial counsel. They're the best trial lawyers there are. And that is the highest honor in the office to be a senior trial counsel. And they put Josh Denglas, who also prosecuted in 2019, he actually prosecuted a case against the proud boys. So he's been in this world and he knows how to do this and he brought this across
Starting point is 00:06:07 the finish line. He did this amazing in this case and it's just really happy to see that the jury got it and you know even though this was a tough case in the sense that one of their star witnesses, Jeffrey McConee had to be declared a hostile witness and Alan Weiselberg, who was a cooperator and refused to implicate Trump. That didn't stop these amazing prosecutors at the Manhattan DA's office. They were still able to, at the highest level, bring this across the finish line. And it just really am so proud and so delighted to see that Alvin Bragg is carrying on the tradition of excellence at the Manhattan DA's office. I think this case is significant for many, many reasons. I think that somebody
Starting point is 00:06:51 had to, you know, they have to see there's so much crime and corruption going on by the Trumps, and you see it everywhere. There's so many, whether it's federal or state, and here, this, in this particular case, this is a 13-year scheme of corruption and fraud. There was widespread conspiracy in this business, this family business, to commit tax fraud and falsify business records. And this is a criminal conviction. This isn't civil. This is a criminal conviction. And this is the first ever criminal conviction of anything remotely close to former president Donald Trump. So this is huge. And as far as I'm concerned, this is step one in what's going to start happening. As you said yesterday, or recently, there was an announcement this week of Matthew Colangelo, who's a heavy hitter, and he has come on, and he has been brought on by Alvin Bragg
Starting point is 00:07:48 to look into what's been reported as the Stormy Daniels hush payment scheme. I think that's a falsifying business records scheme. And that's, I've no inside information into that, but that's what's been widely reported. And I don't think he would have brought someone in like that. Again, I don't think someone like that who has the experience and background that he has. He's worked for the Obama administration. He's worked for the Department of Justice. He's worked for the Attorney General. He's actually worked for the Attorney General in
Starting point is 00:08:20 investigating the Trumps and investigating these matters. I don't think he'd come over and work for Alvin Bragg. First of all, I don't think he has much criminal experience. He's more of a civil attorney, but I don't think he would come over and do this if there wasn't something to do. And there wasn't something he was willing to do. So to me... So let me ask you a question. Because you've been understandably very jaundiced and skeptical about Alvin Bragg
Starting point is 00:08:46 up until this moment about his decision to only go against the Trump organization, have Al Waiselberg's flip and testify in that way. And I know in prior podcasts, for instance, I know you were like, well, this is fine, but this is not the case that I wanted to have been brought. Now that he's gotten, now that Alvin Bragg has gotten this 17 count conviction under his belt and in tandem, brought in Calangelo, does that change your mind about where you
Starting point is 00:09:14 think Alvin Bragg is going and whether there will be a future prosecution, which is what our listeners and followers want to hear of Donald Trump and the children themselves. Yeah, I mean, look, I was very disappointed that the investigation started under Sive-Vance, the other investigation started under Sive-Vance that potentially would have indicted the former president and his children for the misvaluation of his assets. You know, he either overinflated or underinflated his properties, the exact allegations that Attorney General, the New York Attorney General, Tisch James filed a civil complaint against recently.
Starting point is 00:09:57 So that was, there was also a criminal investigation there that was being investigated under former DA side vans with two other very senior excellent attorneys, Carrie Dunn and his name's escaping Mark, Mark Pomerance. They were both working on it and it was widely reported that they were ready to go into the grand jury. And then they quit very publicly when it was reported that Alvin Bragg was not going to bring the case.
Starting point is 00:10:27 And yeah, I was disappointed. I was very disappointed because, look, Alvin Bragg was new. I didn't know him as well. And I do know those prosecutors in Sivance. And they're excellent. And so I was disappointed. But, you know, look, Alvin Bragg has, I think, had,
Starting point is 00:10:43 like Sivance did, like we did, had a little bit of a, um, uh, not, I wouldn't say rough beginning, but, you know, it's new and you're, and, and you're sort of finding your sea legs. But let me tell you, he has found his sea legs. This is incredible. On that note, on that note, Karen, I don't want to cut you off. I'm going to come right back to you. But we got Michael Cohen, former lawyer for Donald Trump is going
Starting point is 00:11:04 to join us right now. He's got a hard out. So I want to bring him in and then come back to you for further analysis got Michael Cohen, former lawyer for Donald Trump is going to join us right now. He's got a hard out. So I want to bring him in and then come back to you for further analysis. Michael, how are you? Good to see you. Yeah. Good to see you here on legal a.
Starting point is 00:11:13 I certainly was expecting to be on. None of us are sitting in my, in my den watching the news and all of a sudden, obviously dressed like yourself very casual, but that's a famous corner in your house. That's now a famous corner in your house. We like that corner. But let's get to it. I know you got a hard out. Tell us about what's going through your mind watching your former boss and client get
Starting point is 00:11:37 and his company, at least the company, get convicted of 17 counts of tax evasion. Well, let me be very clear, something that I have said from day number one. And even before that, when I had testified before the House Oversight Committee, and I had stated that Donald Trump inflates and deflates the values of his assets, whether it's for his personal reasons or for tax purpose. And then all of the other stuff came out from the additional 12, 13 meetings that I had had with both the District Attorney's Office as well as the Attorney General's Office. Good for the jury, it was a very quick and it was a deliberate determination, convicting
Starting point is 00:12:18 Trump organization of all counts. The part that bothers me and I think I hear it echoed by other individuals, is the fact that Donald Trump, right, the eponymous name on the company, once again seems to be escaping culpability and liability. And I want to be very clear, and I've said this to the DA, and I've said it to the AG, and I've said it to members of Congress, and I've said it on television and in the press. There is nothing, and I've said it to the AG, and I've said it to members of Congress, and I've said it on television and in the press. There is nothing, and I mean absolutely nothing that goes on at the Trump organization that is not directly approved. And I'm not talking indirect. I'm talking directly approved by Donald J. Trump. So the fact that Alan Weisselberg, who had lied to the Southern District of New
Starting point is 00:13:06 York when it was about the hush money payments going towards my case, has done it once again. It's at this time, fell on the sword for Donald, despite the fact it could have meant for him a 15 year or up to 15 year prison sentence as opposed to the 100 days that he has now played guilty to and it appears prosecutors have agreed to at Rikers Island. Yeah, Michael, let me ask you a quick question also because I know you're very, if our fans don't overlap with your show, I'm sure everybody knows who you are and what your testimony has been and how important it's been to the New York Attorney General's Office and by extension the Manhattan DA's office.
Starting point is 00:13:52 On this, and we'll get to start with you. Can I stop you everyone? Sure. Sure. Let me be very careful about this too. Sivance sent Carrie Dunn in a whole slew of Manhattan district attorneys to Otisville when I was there, actually on three separate occasions, much of this was started originally through the district
Starting point is 00:14:12 attorney's office, then ultimately picked up by Tish James who, like I always call her, she's the unsinkable Tish James, like the unsinkable Molly Brown. She's really got this from a civil perspective. Now we just need Alvin Bregg to handle this in a criminal matter. He's done that against the Trump organization, but then again, that culpability means nothing, 1.6 million. They charged me more in penalties and interests than that. And I never even tax evaded. Let's talk about, yeah, I want to pick that up and push it forward because Karen and
Starting point is 00:14:50 I were talking about this before you joined or even before we started the show. There are implications and impacts from a business standpoint for the Trump organization, which is the only vehicle Trump has ever used. Putting aside that he tried to form a Trump organization too in Delaware a month ago. He's been running everything through this company that he inherited from his father for a long, long time. Now he's got a criminal conviction, meaning his relationship with banks and lenders and auditors and other people that are stakeholders with him just got incredibly difficult.
Starting point is 00:15:22 I assume there are covenants within loan agreements, personal guarantees and others that in the event of a bankruptcy or criminal conviction of the organization, there are really bad impacts about that. Can you speak to that at all? Sure, so let me begin by saying he recently received, I think it was a $300 million loan.
Starting point is 00:15:43 Despite the fact that both the Attorney General's case had been started and the District Attorney's case had been started by Axos Bank. All right, so, you know, is this going to stop banks from working with him? Are there bed boy clauses? Absolutely. It's Tis James that's going to ultimately cause the death spiral of the Trump Organization with the penalties and the fines that are going to exceed, obviously this $1.6 million determination, probably more to the tune of $700 million.
Starting point is 00:16:18 And that will be the ultimate kiss of death for the Trump Work. But I do want to remind all of the listeners and the followers that something else that's going on here. A lot of the money that Donald is getting now is coming from where? From Saudi Arabia, right? I mean, he's now allegedly doing some sort of a golf deal for a billion dollars. On top of that, he made an announcement that he's going to be building like 2000 homes on the deraille golf course really. How's he going to finance that?
Starting point is 00:16:51 He doesn't have cash on hand and whatever cash on hand he has is sitting in that super pack which there's no way that he's going to spend because 90% of it is his money and he's using that as a slush fund in the event that everything else falls apart. How about Michael? How about the North Korea bank loan that's now been reported while he was a candidate that never ended up on the books and attracts back directly to the North Koreans
Starting point is 00:17:17 for billions of dollars? Yeah, well, I'm not sure that it was North Korea. I thought I saw somewhere that it was Daewoo and Daewoo, I believe, is a South Korean company. I've seen North Korea. What's that? Well, I've seen North reported. Yeah, I've seen that also, but I've been to Korea,
Starting point is 00:17:36 to South Korea, and I can tell you that I've been to the buildings that are licensed by Daewoo from the Trump Organization. And that goes back many, many, many years. I don't know if there's any still interest there. I don't know about North Korea and the bank other than to say, if in fact that it's true. I mean, seriously, and then he's even a possibility
Starting point is 00:18:01 as a presidential candidate for the GOP. I mean, how stupid is a country? Are we really going to allow ourselves to be looked at by the rest of the world? I mean, are you really going to take money from Kim Jong-un and from Mohammad bin Salman? What's next? Vladimir Putin, Erdogan, you know, Dwerete? Who else?
Starting point is 00:18:23 Who else is this guy going to take money? It's like, look, it's very similar to the 70s and so on when he was working with the mob, you don't want to borrow money from the mob because the VIG will put you out of business. In this specific case, you don't want to take money from these autocrats, monarchs, dictators, authoritarian, because the ultimate obligation is not just to beg for him. We don't care about him, but how about to the country? This is bad stuff. Yeah, the, Michael on that point, so the Da'wu is right.
Starting point is 00:19:01 Forbes reports that Da'wu is at South Korea is links back to entities in North Korea. So the $2. Forbes reports that Da Wu is at South Korea is links back to entities in North Korea. So the $2.9 million that he took and did not disclose. And just as you predicted here, it was Tish James' investigation that revealed the extent of that loan. So now you have a 17 count conviction against the Trump organization. You've got a newly energized Alvin Bragg, a very muscular Alvin Bragg who's dusted himself off from his beginning last January on your mouth to God's broad, broad on Calangelo, not to yes, Calangelo's got a back-rated experience in some other areas
Starting point is 00:19:37 that seem to be of interest to Alvin, but the big announcement is really about Calangelo's links to having successfully gone after Donald Trump and knowing where all the bodies are buried. I don't know, did you ever run into Kalangelo at any of your dealings, Michael? I have not, but not that I recall, but listen, I'm available, I'm around, I want people to understand, despite all of my cooperation, it's like 600 plus hours between seven different committees in Congress, the attorney general, the district attorney, and others.
Starting point is 00:20:13 I have asked for and I have received absolutely nothing despite what Donald and members of the GOP want to say. But I will continue to provide them with information as it relates to this case and others. My hope is that you are right, my friend, that Alvin Bregg has now maybe injected himself with some steroids and he's feeling very strong and he's going to go lift that 300 pound orange-crusted mandarin mousselini. He's going to bench pressmen throw him.
Starting point is 00:20:46 Wouldn't that just be something special for all of us to see? I don't think anybody that knows you and you're, and what you've done and testified about and cooperated about thinks that there's justice that you serve time in prison and that Trump and the others around him at the closest levels haven't yet. But we're getting closer, as I like to tell people, year one of the Biden administration was about the investigations and year two looks like it's going to be about the prosecutions and maybe convictions. Just as takes time, as you know, Michael, how many
Starting point is 00:21:16 years you spent in that justice system. Look, you may, that's 100% correct, but I wasn't giving the opportunity, for example, like what Weisselberg or others, I talk about it in my book Revenge, which I wasn't given the opportunity, for example, like what Weisselberg or others, I talk about it in my book Revenge, which I actually believe is probably the most on point book that talks about what happens when you have a corrupt president with a willing and complicit attorney general, meaning Bill Barr weaponizing the Justice Department to go against his critics. And I raised this point, really for the sole purpose of drilling into the listeners' minds every single day, that this is exactly what Donald Trump is saying right now about the Biden administration, that the Biden administration has weaponized the Justice Department to go after him. So he will now cry victim.
Starting point is 00:22:06 This is another witch hunt that they started going back six years ago, seven years ago in 2015 when he made his announcement and so on. This is a man who does not know how to accept culpability, responsibility. It is real, you know, it's amazing. And I wish the Democratic Party, and I constantly ask Jamie Harrison
Starting point is 00:22:29 to please do this. Get on the phone with the guys like from My Just Touch, from Lincoln Project, from myself, the Gent Albs, the David Hodge. And let us help you to craft a message that will ultimately fight the GOP's messaging on an even basis, but they don't allow that to happen. They have so much more out there than the Democratic Party does, which drowns out the message.
Starting point is 00:22:59 I'll just give you a quick example. I started a TikTok account, and I put up these Michael Cohen reacts. A a lot of times on the Midest channel. They throw them up also. But every time I put anything up on TikTok, what ends up happening? There's a bot farm in this all run by the GOP and they report it as being harassing or violative of the community guidelines. And then it goes into a state of suspended animation where it's on its own whole. Ultimately, I appeal it and then it comes back on. But by the time it comes back on, it's lost its energy,
Starting point is 00:23:35 it lost its mojo. And that's why I'm saying to everybody that's watching right now, everyone that's a fan of, you know, of Midas and for all of these groups. The most important thing is you have to be vocal. We cannot sit back and allow the GOP to keep kicking themselves in their own asses. We need to be the one doing the kicking. And again, from your mouth to God's ears, you know, Alvin Bregg has the opportunity to redeem
Starting point is 00:24:04 himself. You know, Alvin Bregg has the opportunity to redeem himself, you know, so important. My hope is that he does it. My hope is that I do get a phone call from Mr. Calangelo and that they asked me to come in and to speak to them and to walk them through still so much. But rest assured, Matt Calangelo does not know where all the bodies are buried because there are no dead bodies. There's just a lot of information, financial fraud, and sort of underhanded schemes done by Donald,
Starting point is 00:24:35 buy-in-through people like Alan Weisselberg or Jeff McCannie. One final note, one of the things that I always say, and I want people to understand the hierarchy and how it goes at the Trump org as it relates to the banking world or to the financial world. Donald Trump would be considered the president of the bank. And Alan Weisselberg would be considered the branch manager
Starting point is 00:25:01 with Jeff McCannie as the teller. So in anyone's bank that's out there, could you imagine the teller is going to do things without telling the president or without the authorization of the president of the bank or the same holds true for the branch manager? He is literally 50 feet away from Donald's desk, from the office, and there's an open door policy, especially for executives like Alan or like myself. You walk in and you get Donald to sign off on it. Alan Weisselberg fell on the sword, sadly, the district attorney and the prosecutors
Starting point is 00:25:38 did not hold him to full task because had they done that, and had he really for one split second thought that he could be doing more than these 100 days in Rikers Island, which is a fucking tiny piton of what he should be getting. I got three years for another guy getting his pecorpo bioporned star and shoved down my throat, charges of tax evasion or misrepresentation to a bank. All right. This guy should be looking at certainly more than a hundred days. They had the opportunity to really press them.
Starting point is 00:26:13 They didn't do it. So again, from your mouth, my friend to God's ears, that Alvin Bregg has finally developed some muscles and that he's really ready to, you know, enter the fight and to enter the fight. Michael, Michael can ask for a better series of observations than by you. I love the bank teller and the bank president analogy. I always thought of Trump as Mr. Potter. Now, they were getting into Christmases and it's a wonderful life. And Weiselberg is the guy that pushed the wheelchair around. But yes, I agree with you. And look, they're still going to have another pass at Al-Aweiselberg isn't going to be left
Starting point is 00:26:49 alone now, not if Kalangelo and Brak have their way. And if they bring more tax evasion or loan fraud or insurance fraud claims and lay it at the feet of Al-Aweiselberg, he's going to have to cooperate again or they're going to prosecute him again. And they've seen how successful Al-Aweiselberg can be in front of a jury, even against his will. They didn't have to go quite hostile with them because they, you know, like you said, they were giving them a sweetheart steal to go to Reikers Island. But they'll try to out again in front of a new jury and try it all over again. And hopefully the defendants this time on the other side of the V are
Starting point is 00:27:20 the Trump family led by Donald Trump and not just the organization. Michael, thanks for joining. Revenge the book is available. We'll put it back up as a link for our listeners and followers. And anytime you want to come on the show, Mike, just let us know. Appreciate it. And please tell Lawyer listeners
Starting point is 00:27:36 to follow me on TikTok too. They're really funny. We will. We will. Thank you, my brother. Goodbye, take care. Be well, you too. You too.
Starting point is 00:27:42 Thanks, Michael. Michael Cohen can't ask for a better follow up to legal analysis than a lawyer for a console year for Trump himself with him and did all the things. All the dirty work the Trump wanted to do until his he had had enough and served his time came out and is completely rehabilitated himself as a fellow podcaster with us. A successful award-winning author. And has a lot of current information that Matt Kalangelo may want.
Starting point is 00:28:10 That was an invitation, right? Karen, you heard it here, literally heard it here first on our legal A.F. Matt Kalangelo, pick up the phone and call Michael Cohen, have lunch with them. It may be very, very helpful in short circuit. A lot of the things that you'll be investigating. Let's get back to you, Karen, because I had to get Mike on and off in a kind of a little bit of a time table.
Starting point is 00:28:30 He's much in demand right now, as you can imagine. But I didn't want to cut you off. Go, let's go back to, let me frame it and then turn it back to you. Alvin Bragg, for sure, took a lot of healthy criticism on this show and other places in you particular about how he was handling the prosecution, his decision on Alan Weiselberg and to just go after the Trump organization.
Starting point is 00:28:53 But now, that having played out so successfully with that superstar team of people, including Mr. Steinglas, who did the closing that you talked about, knowing that they still have Alan Weiselberg for as long as they need him for all of these other fraudulent issues, whether it's insurance fraud, which has now come up in the reporting that has not been prosecuted yet. They have ways to squeeze Alan Weiselberg's little round ones even further to get him to testify. And they now have, you know, what's better than a 17 count conviction to boy your spirits to make you feel great about yourself as a prosecutor Don't they now try to go after all the things that pomerance and the other special prosecutor
Starting point is 00:29:38 We're focused on again or do they focus now on a smaller case But one that they can prove against Donald Trump and his children? What do you think, Carrie? So as you like to always say about the Department of Justice and Ben, you know, these things take time, right? And these investigations are methodical and you go through, you put, you pull all the strings and you see where they lead. And whether people like it or not, these are not political. And so there have been several investigations into the Trump organization at the Manhattan DA's office,
Starting point is 00:30:17 both under Siveance and now under Alvin Bragg. If you recall, in the past, there was the Stormy Daniels Hush Money money payment that Michael Cohn was just talking about. There's a separate investigation into the asset valuation of all of the various properties and things because Trump likes to over-inflate the value of his assets when it suits him, like to get loans and things, and then under-inflate or devalue, I should say, his assets in order to pay lower taxes.
Starting point is 00:30:47 And that's another, that was the second investigation that we know of. We also know about his tax returns that the Manhattan DA's office under sidevants, they went all the way up to the Supreme Court of the United States and won and was able to secure his tax returns. So there's that investigation, and then there's the one that we just got, the jury just convicted, the Trump organization today in the 17 count case against the Trump organization
Starting point is 00:31:15 and Trump payroll. There's also the several Department of Justice cases that are happening, the Mar-a-Lago documents, the Jan 6, the Mar-a-Lago documents, the Jan 6th, the election interference, and then we also know about the Fannie Willis in Georgia and that investigation. I mean, there's lots and lots of criminal investigations.
Starting point is 00:31:33 There's also civil investigations that are happening, or civil cases, I should say, most famously, the Tish James, who's the New York Attorney General. What's significant and really momentous today is this is the first ever criminal conviction of anyone in the Trump orbit, really. This is the Trump organization. This is family business. This is significant. I do think that significant. And I do think that it is very clear that with the appointment of Jack Smith, as special counsel, you know, that to me was the biggest signal that the the the news is tightening
Starting point is 00:32:14 around the Trumps because Jack Smith is is an extraordinary prosecutor and I don't believe he would come and do this case if he if there wasn't at least a possibility of prosecution. He's also proving to be moving very quickly and to be very on the ball, taking witness testimony and making decisions, even though he's still out of the country due to an injury. But that hasn't stopped him at all. So you can tell that that case is moving along and moving
Starting point is 00:32:42 along quickly and same with the Fannie Willis investigation. And here we are with Alvin Bragg. It's so clear that Alvin Bragg by hiring and bringing on Matthew Colangelo to work on what's been reported as the Stormy Daniels hush money case, that that case is also starting to pick up and pick up steam. The case about the asset evaluation,
Starting point is 00:33:06 let's see if that goes. Alvin Bragg has said, you know, the DA, Manhattan DA, Alvin Bragg has said over and over again, that that case is still pending. And so I think we take him at his word. You know, look, I think. There's also, there's also Karen, the Hartford Insurance potential fraud, which is where They also try to get Weiselberg that weiselberg was the mouthpiece to tell Hartford that certain of the appraisals were done
Starting point is 00:33:34 Independently on real property that were being insured when they were not being done independently They weren't being done at all it would be waking up Donald Trump in the morning It's saying hey boss. What do you think that piece of properties worth in him coming up with a number? That's not really the independent appraisal method that insurance companies like to use. Karen, let's jump in and let a few, we've got some more time here. And we've got a lot of people watching, which is, which is, it just shows the amount of energy and the amount of interest that our listeners and followers have to see Justice Dunn here. Let's take a few of the questions.
Starting point is 00:34:07 Some of them, we've been able through your analysis answer, Bridget asked some questions about what's Alvin Braggot to do next about Trump and his children and related to other ones, and Kenneth asked the same thing. One person, Tess Lake asked, how much is Trump going to pay in the tax fraud? The number here is relatively low. I mean, the penalty, I think, has been reported as about 1.6 million, 1.7 million in this current case. This case wasn't really about the money.
Starting point is 00:34:38 Most cases are, this case is about getting a criminal tax conviction of the family organization, the family office that Trump runs with his children. And it's not just a conviction, it's a, it's, these are felony. A felony. Right. 17 tax, you're right.
Starting point is 00:34:53 We shouldn't, you know, we should sing it from the rooftops, felony convictions of a company. Good luck finding an auditor, good luck finding a CPA, good luck, even though Michael thinks there's banks out there, including ones that are linked to Putin, that may still be willing to lend to money. It looks like Donald Trump's going to have to go to Saudi Arabia, Kuwait, Dubai to go find cash, because I don't think an American bank with an American or global bank based in America where the board of directors is going to be able to lend Trump organization money just based on this recent conviction.
Starting point is 00:35:26 On the, let's take this next question. Let's see, let's talk about the appeal process. How long do you think Cynthia Swingolast? How long do you think the appeal process is going to take now that the conviction has come in? There's still some post trial work that has to be done. There's going to be post trial work that has to be done. There's gonna be post trial motions. Susan Necklace, the Defense Council for Trump
Starting point is 00:35:49 is gonna make a motion to overturn the verdict. I'm sure, right? And things that only the judge can do. So we've got another week or two of hand-to-hand combat in front of judge. The judge in this case. Mershawn, before we even get to the clock starting for the filing of a notice of appeal up to the first department, but talk about the appellate process and how long you think
Starting point is 00:36:12 it'll stretch out from December of 2022 forward. So, the sentencing is scheduled for January 13, 2023. So the first thing that has to happen is you have to be sentenced before you can appeal. And then I think that they will appeal fairly quickly. The appellate process can take a year or two, but you know, look, this is Donald Trump. And so you never know, he gets to the Supreme Court, you know, in such fast time, there are other people who take a decade or more to get to where he has gotten. So I think this will be fast tracked, the appeal,
Starting point is 00:36:46 but I think what's gonna happen is during the pendency of that, I think there are gonna be other, he's gonna have a lot of other cases come in after him. I really see that happening fairly quickly. And I think that it's important to remember that getting criminal convictions at the state level is just as important as at the federal level. Although the Department of Justice is moving quickly and looks like I think will indict at least
Starting point is 00:37:12 some people in the Trump orb at some point, I think that the Fannie Willis case and the Alvin Bragg case, I think cases that are pending and that I think are moving forward. I think are really important because as we all know, if Trump or another Republican becomes president, he can always grant clemency and kind of wash away these convictions, but he can't do that on the state level. So I do think these state convictions are important because only the government. On the, yeah, yeah, sorry, I'm gonna say the governor on the,
Starting point is 00:37:56 the people are asking about sentencing, we talk about it as sentencing, but the Trump organization is not, just like any corporation, is not going to jail because it's an entity. But the sentencing you're talking about will relate to the monetary fines and penalties is not any other conditions related to the convictions. What else can the judge do in a criminal conviction of a corporation because he can't send it to jail.
Starting point is 00:38:19 So besides the fine and the penalty, are there other things that the judge as a condition of sentencing can do to an organization i.e. the people that are running the company cannot be officers and directors of other New York corporations for a period of time they they be barred or banned from that. What can it do in the sentencing phase to really throw the book at the organization and make it stick? Well, that's a very interesting question that frankly I'd like to do some more research in too, because he's not just convicted of tax crimes, this organization, it's not just the Trump organization, it's also the Trump payroll corporation. So two corporations have been convicted of multiple felonies.
Starting point is 00:39:03 And in addition to the fines that are permissible, they were also convicted of scheme to defraud, conspiracy, and the criminal tax frauds, and falsifying business records. So each one of these charges will carry what is permissible, sentencing, and I would have to do some research to look and see what that is. But I can imagine, in, like, for example, the scheme to defraud or falsifying business records, that has to do with lying,
Starting point is 00:39:31 that has to do with fraud, that has to do with dishonesty. And so if they are going to continue to do business in New York, I can imagine a scenario where the judge would put limitations or guardrails around that, perhaps put in some kind of a, whether it's a monitor or some kind of something to ensure that they can't, that, you know, they're just not to be trusted. So I don't have an answer to that right now. I do want to do some research into that, but I can imagine because these are crimes of fraud that to be a corporation in New York, there's going to be all sorts of things that happen to, if they want to continue to be in New York, but I don't think they're going to continue to be in New York. I mean, Tish James is already kind of going after the corporation in a big way.
Starting point is 00:40:26 And he's already tried to start Trump org too or whatever he was calling it, that, you know, just to try to make something new. It's like the NRA, you know, to get out from under Tish James, they tried to incorporate in Texas and get out from being a New York corporation. Of course, that didn't go well in their bankruptcy court filings, but that's the, that's the kind of things they do. So Karen, good homework, we have midweek tomorrow midweek additional legal A and I better find out what I got to find out what we've done. But to answer some other questions that are
Starting point is 00:40:55 being asked, Mitch snaps, Shaps asks, how can an organization be found guilty and not those that are in charge of the organization? It's always a very good question, but organizations can prosecute it all the time and it becomes a prosecutor's discretionary call as to whether there are apex people, the executives at the very top that also have criminal liability for which they can prove a case. And in this case, and this is, I think, where Karen was very not in agreement with Alvin Bragg about not bringing the claims against the Trump organization. The, that was a call that was made. That was a discretionary call that was made
Starting point is 00:41:32 a prosecutorial discretion, not to do that. However, I think what we're trying to say during this analysis on the fly today is that having now seen the results, they don't have to guess anymore. This trial and the convictions took a lot of guesswork out of some of the future prosecutions. I know who's slapping high five in their offices right now is Fawni Willis in Fulton County because she's a state prosecutor that's got to, you know, that's a win.
Starting point is 00:42:00 That's a win that reverberates throughout the justice system throughout the country. She's got to be thinking, she's probably thinking, I got more evidence against Donald Trump than they do in terms of election interference and the phone calls. So she's feeling good that a jury back to applauding both the prosecutors as you did, the A team of prosecutors and the jury. Let's not, I don't know much about them. I know I think it's a little bit more female than male, but other than that, we don't know much about them. We will in the coming days and hours, but they did a tremendous job here of sifting through several weeks of
Starting point is 00:42:38 evidence. You know, there weren't a lot of witnesses. There were only two for the prosecution, or actually three, and very few on the other side for the defense. But there were tens of thousands of pages of documents. And as you and I once choked, you know, they got the case late yesterday. They did about four hours of deliberation and went home on time. Today they came in, checked in with the bailiff, got to their room, ordered lunch, deliberated for a little bit in the morning, deliberated for an hour or two after lunch, and that was
Starting point is 00:43:08 it. We're done. 17 counts are in conviction. So that jury should be applauded. It is the reason why our system of government and our system of justice is really the shining star in the world is because we let juries handle complicated financial crime cases and and by and large they get it right. They know who's lying. They know who's telling the truth. They know who the criminals are and they know how to pull the switch for conviction when they see that evidence. And that is a compliment to our jury system and this particular jury in particular. One thing that I think will be interesting is that when the prosecutors made the judgment call,
Starting point is 00:43:53 not to charge the principles and Trump and others, the interesting thing is at trial, it was the summations focused on Trump's culpability. And that's because that's how the evidence came in. So they developed evidence through the trial, through the sworn testimony under a oath of Alan Weiselberg and the other guy McConnie. And so even the hostile witness. So it'll be interesting to see when they do an assessment now because that summation was very much that Trump was responsible.
Starting point is 00:44:29 And it'll be very interesting to see if now they try to hold Trump and others guilty or accountable, I should say, for the conduct here. Because at the time that this was charged and Alan Weiselberg was charged, and this case was brought early on, they clearly didn't have enough to charge Trump, but a lot was developed throughout the course of the case. And like I said, there were witnesses who testified under oath and the jury found them credible. And so it'll be interesting to see how the DA's office
Starting point is 00:45:06 looks at that and looks at all of the evidence here and whether or not they decide to now go forward and perhaps charge those who are in charge of the organization, namely Donald Trump. So I say, let's just keep watching and seeing what they're doing, but this is a huge, huge victory for the Manhattan DA's office. And again, this is the first conviction of the Trump organization or anyone with the last name, with the last name Trump here. So this is just a really
Starting point is 00:45:38 phenomenal, phenomenal, I've got some great news, I got some great news for you, Karen. We're gonna be joined in a minute or two with our co-co anchor, founder of Midas Touch and LegalAF with me, Ben Macellis. He's just getting set up and he's gonna come in here. Look at this, we threw this together literally in about 18 minutes. We were all waiting, I made a prediction this morning that this verdict was coming in today. I just, you know, when you do this long enough,
Starting point is 00:46:06 I'm sure you felt the same way you're like, it's going to be, it's a today thing. It's not a tomorrow thing and it wasn't a yesterday thing. I had to walk by court today because I had to go, I had to go to the clerk and get something. So I was walking by and I noticed there was only one news truck out front. And I thought that's, so I thought there's that alone made me think there's not going to be a verdict today because normally they kind of know. And so there's usually
Starting point is 00:46:31 many, many, you know why I thought, you know why I thought when they made their motion for mistrial off of Josh Stein glass is pushing of Trump had to know, Trump had to know in his closing and stop the closing over it. I, the only time I've ever seen somebody in a case make a motion for Miss Trial is when they think they're losing the case. Because if you think you're doing pretty good with the jury and you're read and you think they're buying what you're selling
Starting point is 00:46:54 and you're getting a lot of head nods in your favor when you are putting on your case, you'd be like, well roll the dice. This is probably the best case that I'm gonna be able to put on. But they were so ready to pull the plug on the case and try over and do over and get a do over. Of course, the judge was having none of that. I thought this jury's not this jury's going to move quickly through
Starting point is 00:47:12 this evidence. And if it wasn't for lunch breaks and having to go home, they probably would have got it done in day one. So look, you know, we threw it together quick, but look, Michael, how many, how many shows on television? None. We're able to scramble, put together a show like this with hard hitting analysis, bringing Michael Cohen, the former console yery, and right hand, Michael Trump, from, for Donald Trump, from a legal standpoint who served time because of his testimony, who's in the entire New York AG case is based on Michael Cohen's testimony. And we had him on the show. And then who doesn't love Ben? We're going to get Ben to join you. And as soon as Ben's here, you know, I'll probably take my leave. But let's see if we can answer another question
Starting point is 00:47:58 while we while we still have time here. How about we talked about sentencing? What is Trump's next move? I think Karen, you've outlined the next move here in terms of legally is already laid out for him. Post trial, motions, sentencing, appeal. There's two levels of appeal in New York. The good news is, we won't see the US Supreme Court involved because this is not a federal case. And you can't, there's only rare circumstances where you can jump, jump the tracks and go over to the federal side and ask for a Supreme Court review. So it's going to be handled by New York First Department, which is the appellate division that's responsible for Manhattan, of which I'm a member. I'm sure you're a member of the First Department.
Starting point is 00:48:41 I am. All right, First Department member, fellow member. And then when that goes against him, which it will, it will then go to the Court of Appeals for the State of New York. And then that is final and conclusive game over, Trump organization finally convicted. In the meantime, who really cares
Starting point is 00:48:57 what Trump does on truth, social, and other places? The parallel world that he lives in, where everybody's out to get him. He hasn't never done anything wrong. Everything's the most best and perfect. There's, as Ben once said, I think with you, there's a huge gap between what you can get away with morning television, especially Fox News,
Starting point is 00:49:15 and what plays in a courtroom. And the sooner the prosecutors get their acts together and get into courtrooms against Donald Trump, the better because only good things will happen. In the meantime, he can spin it any way he wants, you know, but his corporation, his baby, his lifeblood, just got hit with 17 felony counts of tax evasion in front of the state of New York period. Well, it was also interesting about this case.
Starting point is 00:49:40 And I think what's going to have reverberations for him throughout is this wasn't just a one time, you know, he falsified one thing. This was a scheme that went on for 13 years. This is 13 years of fraud, after fraud, after fraud, after fraud. And that's that again, is just a sweeping indictment of the former president and how he does business,
Starting point is 00:50:06 that he is basically a fraud. I mean, for 13 years, he was doing all of the things that we've been talking about, whether it's giving apartments and not having, instead of paying someone a salary or the full benefit of their salary, they paid them a certain amount and Alan Weiselberg and what he does is you know paid for private school paid for Mercedes paid for apartments and And then didn't declare that on anything so you know It wasn't just Alan Weiselberg who wasn't paying his taxes what the jury found here was that this was for the benefit of the Trump Organization because the Trump organization didn't have to pay payroll taxes.
Starting point is 00:50:47 They benefited too. And that's exactly what Michael Cohen was describing that the Trump organization does. His entire, the entire kind of business model of the Trump organization is to fudge numbers so that it, in a way that it helps them, whether it's making something to be more valuable or less valuable or to not pay taxes, or to give perks instead of salary and then not pay payroll taxes on it, this is just part and parcel of how they do business. This was like I said, a 13-year fraud. I think we're going to see a lot more coming when as as now that we have a jury that that has found this corporation guilty
Starting point is 00:51:32 and they've gotten all the information and documents and this testimony under oath, I think there's more to come. Do you I know you know Susan necklace, the defense counsel for how about Fertess the other lawyer Do you know that you know both and both on the team? You know Alan Futterfoss So no yes, that's it. Yeah, yeah, they're excellent. These are excellent attorneys and they have great reputations. They're really top notch attorneys How do you think he got them and then we'll bring Ben and how do you think because he's he's Trump is not a terrible job at picking council. How do you think he got necklace and fighter fossa to join the defense team and
Starting point is 00:52:10 actually handle this case who are really competent criminal defense lawyers but ones that even them couldn't save them from a 17-count felony conviction. How do you think why how do you think he got them? Well since I'm I'm new to being a criminal defense attorney I'm not sure I'm the best person to answer that question of why people take certain cases. But now that we have Ben in the dark. Yeah, there he is. Is it dark here? Is my lighting bad? Yes. Yeah, your lighting, your lighting's bad. But Ben, is this the first time that three of us have done this together? Are we done this before? No, no, remember when I was traveling, we did a three-week show.
Starting point is 00:52:46 All right, right. Okay, that's right. On a Supreme Court decision. So, let me tell you, so I had a meeting for the last two hours. The one time I'm in a meeting for two hours where my phone is off. I turned back on my phone and I find out that the Trump organization has been found guilty of all counts, including the scheme to defraud. And you know what sad, Ben, because you sit at your computer making hot takes literally
Starting point is 00:53:15 all day long. And the one moment of Trump org 17 Cal felony conviction, you're doing something else. What you have a day job? You know, I still have a day job by some of practice's attorney. But look, this is huge news, right? And it comes on the heels as well of the announcement that the Manhattan District Attorney has brought on Matthew Kalangelo from the Department of Justice.
Starting point is 00:53:40 Kalangelo was the number three top deputy at the entire Department of Justice. He was the associate attorney general there who has ample experience investigating Donald Trump for crimes relating to the Trump charity and Trump foundation. Criminal conduct, Kalangelo was the one who shut down the Trump Foundation and the Trump charity and he was brought in right now by the Manhattan District Attorney's Office here by Alvin Bragg and I think it was really really really a big sign that Alvin Bragg Who a lot of people thought was not moving in a direction to
Starting point is 00:54:25 not moving in a direction to criminally indict Donald Trump directly after he let the grand jury lapse. People may be looking at Alvin Bragg a little differently now, huh? I mean, if you think about the Alvin Bragg strategy, you know, one can put it out like this, whether he intended it or not, which is, look, let's try the case against the Trump organization first. We got Alan Weiselberg to testify. We got Alan Weiselberg to plead guilty. He plead guilty to the 11 or so felony accounts
Starting point is 00:54:54 before testifying here. Like strategically, what if Alvin Bragg was saying in Karen, do you think this is what he may have been thinking? Like let's test the waters with this criminal trial. The very fact of a former president being criminally prosecuted has never happened before in our nation's history. And the fact that we have a former president who's a criminal maniac is something that we've had some really bad ones in the past, but nothing even coming close to this. So you try the Trump organization first as kind of a test trial, if you will.
Starting point is 00:55:26 And then you bring it to, okay, we have this conviction. And then right when the jury was deliberating, Alvin Bragg must have felt good about it because then Alvin Bragg announces he's bringing Matthew Kalangelo, who's got this long history of investigating Trump to now focus on the Donald Trump direct crimes and more crimes involving the Trump organization for the fraudulent valuation scheme where in their statement to financial conditions, Donald Trump and his adult children and the Trump organization would put forth
Starting point is 00:56:00 these false valuations that were drastically different from the appraised values to get benefits on loans and taxes and from ensuring agencies as well. So, Karen, do you think that's the approach or that it just kind of work out that way? And now Alvin Brad could be like, see, I told you this is what I was doing. I think that, I think it could be,
Starting point is 00:56:23 but I think more likely it's that the case, this was a case that started under SIVANCE and it was a case that was brought against Alan Weiselberg and the Trump organization and the Trump payroll corporation. And it just ripened to the point where it became time to go to trial. I think that, I think that now the summation here that was given by Senior Trial Counsel, Josh Dyinglass, who's one of the great lawyers, the great trial lawyers, Attham and Hatton D.A.'s office, I think his summation was very much about that Trump knew, Trump was responsible, and this absolutely was something that was sanctioned by Donald Trump. That comes from evidence that was developed under oath at the trial, now that they have all
Starting point is 00:57:13 the paperwork that they needed that was presented at the trial and the witness testimony. And so we'll see if now that their theory is clearly that this was all about Trump and that Trump and that Trump knew and Trump sanctioned this and benefited from it, we'll see if they bring that case or if instead they bring one of the other cases that they have pending. I think you just mentioned that they brought on Matt Colangelo to work on what's been reported as the Stormy Daniels hush money investigation. That was a case, again, that's been at the Manhattan DA's office
Starting point is 00:57:51 under sidevants and then with Alvin Bragg, but they didn't have enough to bring the case at the time. Prosecutors, especially the prosecutors at the Manhattan DA's office, you know, they don't, they think about, they follow the evidence where it leads without fear or favor. And so if they had the evidence to go against Donald Trump, they would have brought the case. It sounds like that, that case, the Stormy Daniels case is, is something is developing. It sounds like there's something there that has broken. I have no idea what it is, but I don't think someone like Matt Kalangelo would come to work for the Manhattan DA's
Starting point is 00:58:29 office under Alvin Bragg. I mean, as you said, he was a very high up person. I think the number three at the Department of Justice, he's also, you know, he worked under Obama. He worked for Tisch James. I mean, this is a real serious lawyer. I'm not sure he would come to the Manhattan DA's opposite, but there wasn't something real here to investigate. You know, I was
Starting point is 00:58:49 disappointed when Alvin Bragg didn't go follow through with the case that was in the grand jury that was being prosecuted, that started under sidevants, but was handed to Alvin Bragg initially. And two senior prosecutors Carrie Dunn and Mark Pomerance, you know, they resigned very publicly. I was very disappointed that that case seemed to have died on the vine, but hopefully we'll see. Maybe that case is also continuing to be revived. I know that Alvin Bragg has said over and over again that that case is not dead. And I give him a lot of credit.
Starting point is 00:59:29 It's hard to take on the Manhattan DA's office, which has a long history. And he was brand new. And I said earlier, I think at first took him a little while to get his sea legs just like it took us. When Sive Ants first took office in 2010, it took us a little while to get his sea legs just like it took us when Sy Vance first took office in 2010. It took us a little while to get our sea legs. But it I would say today Alvin Brad got his sea legs. Today he got a sweeping conviction of every count all 17 against the Trump organization. It's the first ever criminal conviction
Starting point is 01:00:02 against any of the former president's companies. So this is huge. And I think this is a really good beginning. And I think the evidence is starting to be developed and hopefully we'll see something come of it soon. It's quite remarkable when you really just take a step back and say exactly what you just said. A former president of the United States' company that bears his name was just found guilty, guilty of all 17 counts of felonies, of felony criminal conduct.
Starting point is 01:00:41 And if you're doing the math, that was about 30 minutes per count to deliberate and so a relatively swift verdict, although we were wondering when it was going to come in and a very thoughtful verdict too because it was obvious from the notes that were coming in from the jury, they were basically taking each one in Sariatom one by one and asking questions about the elements on each of the counts and then they would go back with another count if they had any questions and so a very thoughtful jury but a felon a the organization is felon the charities have been shut down for engaging in unlawful conduct as
Starting point is 01:01:23 well there is in a civil lawsuit brought by the New York Attorney General, the judge overseeing that case, Judge Arthur Engron has found and made a finding. That Donald Trump was engaged in ongoing criminal fraudulent conduct, which was the basis for why an independent monitor retired judge Barbara Jones has been appointed with the Trump organization having to turn over essentially all of its financial records and corporate structure to retire judge Barbara Jones and any material transactions they need to run by retired judge Barbara Jones. And so it brings us to this question that we got asked by someone
Starting point is 01:02:07 by the name of Jeff who goes, are we expecting indictments this month? It seems the wheels of justice are turning fast or are we waiting for early 2023? So my view of it, and it's based on objective data, is I think we're waiting for 2023, and I don't want to say specifically early 23, although I'd want your definition, Jeff, of what constitutes early 23. What I'm looking for is that April to June period. And I wanna hear from you Karen about what you think, but I'm thinking April to June, but the basis of it too is today there was news that the special counsel Jack Smith has issued
Starting point is 01:02:58 a new set of subpoenas to some of the county boards of supervisors in Wisconsin, in Michigan, in Arizona, and they previously sent some requests out to Milwaukee as well, certain areas where Trump was involved in, among other areas, election interference, which shows that Jack Smith is also focused on the fake electric scheme
Starting point is 01:03:25 and the unlawful pressuring of these boards of supervisors, where he tried to harass and threaten them to not count the votes like he tried to do in Maricopa County, and frankly, that they're still trying to do today. So those subpoenas just went out. We know as well that at the end of last week, we got the testimony, the full testimony of Pat Sepaloni and Patrick Filben, who are Trump's former top White House lawyers, recall those individuals testified in September before the grand jury in Washington, D.C. But Donald Trump frivolously asserted executive privilege,
Starting point is 01:04:09 but nonetheless, because he's a former president, unlike any other citizen, he can at least assert it, even if it's frivolous. And it had to be litigated. And the federal judge, barrel Howell, she did not agree with Donald Trump's privilege assessment of executive privilege in Cipollone and Phil been more required to testify.
Starting point is 01:04:32 And prior to that, former Vice President Pence's former top deputies, Mark Short, his former chief of staff, and Greg Jacob, the former general counsel. Same thing, remember, they showed up in July before the grand jury in Washington, D.C. investigating Trump's crimes, Trump asserted executive privilege, the Department of Justice filed a motion to compel, Judge Barrel Howell found the executive privilege claim
Starting point is 01:05:00 to be without merit because there was a compelling need for the Department of Justice. And also, it's unlikely even a former president is permitted to assert an executive privilege in the first place. But nonetheless, there are still some judges out there who Trump appointed, who have indicted, even someone like Brett Kavanaugh, in the Benny Thompson case,
Starting point is 01:05:22 for example, talked about a former president may have the ability to assert executive privilege, but it can be overcome by a compelling need. And so for all of the people, I think this is a great point to Karen. For all of the people out there, though, who are like, we need to rush these prosecutions, I want to see Trump indicted a year ago or more.
Starting point is 01:05:44 When you see cases like this, when you see the way juries think, Karen, you and I know this because we go in front of juries and we know how juries interact and we see it. But if you as a prosecutor go up without the goods, if you show up because you feel pressured by political opinion and you're not actually dotting your eyes and crossing your teeth. It's like prosecutorial malpractice. And the example I give is, imagine Merrick Arlen or now, Jack Smith, before having compelled the testimony of people like Sepilone and Philbin and Mark Short and Greg Jacob and others.
Starting point is 01:06:25 And they fought not to testify and Trump fought. So that took a long time to get their testimony, but assume they just rushed into it because the tsunami of social media pressure was so much that the Department of Justice did what like John Durham did, like the Trump prosecutor lackey who went out and filed these cases and lost
Starting point is 01:06:46 every one of them. And then imagine a situation where you have a prosecutor that Merrick Garland has or a Jack Smith, whoever it is, goes and starts asking questions to Cipalone. Let's just use Cipalone as an example. And Jack Smith goes, so Cipalone, what did Donald Trump tell you on January 6th? And Cipolloni goes, I can't answer that executive privilege. And then you as a prosecutor go, well, I'm asking, I'm demanding that you answer. And then the judge is going to ask the prosecutor, well, did you take the appropriate steps
Starting point is 01:07:21 pre-filing to make sure that executive privilege was overcome or did you just rush this case? And what's the prosecutor going to do? They're in front of the juries. The prosecutor going to say, look, I was rushed because people were telling me they wanted Trump to be in Diedenwich. We had to do this for the sake of the country. So you see there an example that now that they've got the testimony of Cipollone.
Starting point is 01:07:46 By the way, the January 6th committee didn't get the testimony of Cipollone. Now that they got the testimony of Philbin, now that they got the testimony of Mark Short and Greg Jacob, Stephen Miller testified and Stephen Miller, remember, took out any references in the speech on the ellipse of January 6th that reference pens and Trump put those back in and so on and so forth. So the importance of diligence in building a case against somebody who is a former president and it pains me to say that this was a former president but they have different set of arguments. They are not above the law, but they have more arguments in the law if they want to maliciously abuse and torment our constitution. And that's what Donald Trump has done at every step, but the DOJ has countered it at
Starting point is 01:08:39 every step to get us to this place where the wheels of justice are turning. I know that was a very long winded answer to Jeff's question, but Karen, when would you expect to be on high alert for indictments as the wheels of justice term? So don't forget that a criminal case has a different standard of proof, a much higher burden of proof than a civil case and it's beyond a reasonable doubt. higher burden of proof than a civil case, and it's beyond a reasonable doubt. So any serious prosecutor, whether it's the Department of Justice, and most not all the lawyers there,
Starting point is 01:09:12 especially under Jack Smith, or the Manhattan D.A.'s office, which of course I know I'm biased, but I think it's an exceptional office always has been and continues to be, nobody's going to feel or be pressured politically to bring a case when they're not ready. feel or be pressured politically to bring a case when they're not ready.
Starting point is 01:09:26 And they're not going to bring a case against somebody because there's any political pressure or outside pressure to do so. And it's hard. That's one of the hard parts of being a prosecutor is you have to really turn off the noise in the background and put your head down and investigate your case and you bring a case if that's where the facts lead without fear or favor and the Manhattan
Starting point is 01:09:50 DA's office has multiple cases that are going, you know, as we all know, under SIVANCE, there was this case to try to get Donald Trump's tax returns and that case went all the way up to the United States Supreme Court and they ultimately did get the tax returns. And so those are still at the Manhattan DA's office. And then there was widely reported that there's the Stormy Daniels hush money case that that also is being investigated by the Manhattan DA's office. It'll be interesting to see if now given the convictions here and the evidence that was developed in this case, whether they'll bring a case against Donald Trump with this underlying Trump organization case. And there's also the case of where Kerry Dunn and Mark Pomerance resigned because that case seemed dead
Starting point is 01:10:45 in the water. So there's many cases that are being investigated at the Manhattan D.A.'s office. And if they develop enough to prove beyond reasonable doubt any of those cases, I could see an indictment fairly quickly. In State Court, at least in New York, there is no hearsay allowed in the grand jury.
Starting point is 01:11:04 You have to have live direct witnesses, at least in New York, there is no hearsay allowed in the grand jury. You have to have live direct witnesses, unlike federal grand juries, where hearsay is allowed. You know, in the federal grand jury, you can put an FBI agent on, for example, who could say, I spoke to this person and they said this and I spoke to that person and they said that. So, you have to get live witnesses and live testimony. And so it'll be interesting to see if any of these cases ripen to the point where there'll be an indictment at the Manhattan DA's office, or I think Fannie Willis's case in Georgia is also heating up. I think it'll be interesting to see if she waits to see, if she waits to issue a report before she brings an indictment,
Starting point is 01:11:46 but I think we could see an indictment there. I think that's ripening, if you will, or any of these Department of Justice cases that Jack Smith is working on, I think the Mar-a-Lago documents case is fairly straightforward and not as complicated as the January 6 election interference case. I think that case might take a little bit longer and that case, I think we have to be patient because for all the reasons you said, you have to make sure that you run down every lead,
Starting point is 01:12:16 you talk to every witness, you put everyone under oath and you see what's there and what's not there. But the Mar-Lago documents case, I do think is a little bit more straightforward. But once you bring one case, I think there are people who are nervous. I think the prosecutors rightly so are all nervous about who's gonna go first. And so I think once one goes, I think we're gonna see several.
Starting point is 01:12:40 That's my prediction. My prediction is whoever goes first, sort of around the same time, you're going to see potentially Georgia, New York, and the Department of Justice. And I think these state prosecutions that many people will say, well, just leave it up to the Department of Justice and let them do it. But what worries me about that is if we have a Republican president or if God forbid, Donald Trump is the next president,
Starting point is 01:13:06 that he can pardon himself or a Republican can pardon him. Presidents can pardon federal convictions, but they can't pardon a state court conviction. So that can only be done by a state governor. And I think we need to have, I think that's why I don't think it's duplicitous or in any way just leave it up to the feds because he's a former president. He committed crimes. Absolutely. He's been working in New York for decades.
Starting point is 01:13:37 He has property here and the jury found today that he engaged. He engaged in a 13 year scheme to defraud the people of the state of New York. And I think it's very important that he be held accountable for what he has done to New York, that the taxpayers of New York. And so I think Alvin Bragg got this sweeping, incredible conviction today. I'm proud that the Manhattan D.A.'s office continues to be the Manhattan D.A.'s office and that he is living up to the high standards of the Manhattan D.A.'s office and I look forward to seeing what he does next in addition to the other indictments. And to answer your question, I think it's a 2023. I think it will be early 2023.
Starting point is 01:14:23 Early 2023 from Karen Friedman and Nifalo, you heard that prediction here, folks. For those who are just tuning in to the Midas Touch Network for the first time or for those who don't know the incredible Karen Friedman, Nifalo, Karen Friedman, Nifalo worked essentially three decades in the Manhattan DA's office, the comments that I always get Karen is, no one believes that's true when I tell them that and I always get the private messages, but Karen worked three decades there because people don't believe you could have possibly have worked three decades there in general when they see you, but you were the number two deputy in the entire office of the Manhattan District Attorney's
Starting point is 01:15:06 office. And so we are so humbled and so lucky to have Karen Friedman Agnifalo here to share her insights about the office that she led. She was siphances number two at the office. So when the news broke about Jack Smith, for example, we were so lucky and fortunate to have Karen Friedman Agnifalo who worked with Jack Smith. So instead of just like some of these other media networks out there, just speaking because all right, I'm on this side of the issue.
Starting point is 01:15:40 Let me just rage talk or just let you know my feelings that are not based on any objective data. It's vital to us here that we bring on people like in Freedom and Ignite, so lucky to have her as a member of the network to share her first hand insights into these issues and here to have someone who led the Manhattan District Attorney's Office share her wealth of knowledge with you. We are so incredibly lucky. And Karen, what I feel happened today with these guilty convictions on these 17 felony counts, though, it feels to me like the floodgates have finally opened where a lot of prosecutors who believe this Teflon Don BS or perhaps I even prosecutorsuted just that prevailing narrative out here that nothing no matter what he's never going to be held accountable. That this was a step in the direction to kind of pierce
Starting point is 01:16:34 that Teflon Don kind of facade, which is really what it was. It was a facade. It's the bluster. It's the maniacal bravado that has intimidated Republicans into becoming mega-republic and cult members versus actually doing dignity to what the party may have once represented. And it's why people who are formally with the Republican Party are leaving it and saying, what the heck is this weird cult? Like, it's why there is this pro-normal, pro-democracy coalition that's forming out there that is not taking this Trump-ES and the gas lighting. And all this stuff that he does on social media
Starting point is 01:17:20 doesn't matter because what matters is what's going on in the court room and what happened in the court room is guilty on 17 felony counts for the Trump organization. To address some of the questions here, Rurudy, 2RK, right, 17 felony convictions and a $1.6 million fine, I thought that was supposed to be a $250 million fine or was that another case based in New York? Yes, that was another case. Based in New York, that's the case involving New York attorney general, Letitia James, who
Starting point is 01:17:55 brought a civil lawsuit for fraud against Donald Trump personally, Donald Trump's adult children personally, and the Trump organization, and the Trump revocable trust among other Trump entities seeking at least $250 million for fraudulent valuations of their properties, and that is set to go to trial in a civil case. Civil case is all about money at the end of the day and injunctions. Damages are awarded as opposed to guilt and then an injunction could issue in that case, which could stop the Trump organization from ever-doing business, again in the state of New York. Now, that case is set for trial early October of 2023. And it was set that date by Judge Arthur Engeron,
Starting point is 01:18:48 the court overseeing it. And one of the things when I was talking about how that trial date was set for October 3rd, or I think it's October 3rd of 2023, a lot of the comments though were like, wow, more delay, what's the judge doing, and what kind of hit me at that moment, Karen, is that the important service of the Midas Touch Network though,
Starting point is 01:19:12 because it didn't even occur to me though, practicing law in California having cases in New York where I work with New York lawyers. We have a law office and the firm that we work for that is based in, that has a law office in New York. The idea that a case that is filed in September of 2022 will have a trial date in New York in October of 2023 is like the fastest trial date I've ever heard of in the state of New York period.
Starting point is 01:19:45 And so, and that's just based on experience there. Any other litigant? And the reason why it's set so soon there, though, was because there was this special proceeding that had taken place where Trump took the Fifth Amendment over 400 times when he was asked the most basic questions about his properties. Right after all the bravado and bluster, Trump shows up to the deposition, leticia James, the New York attorney general's there, and she asked Donald Trump the most basic questions.
Starting point is 01:20:15 So what is the value of your property, Trump tower? What is the appraised value? What was your evaluation of it? All right, let's do it for Bedminster. Let's do it for Mar-a-Lago. What was the appraised value? What is the valuation? So you would think with all the bravado and Trump whatever and he calls are all the names?
Starting point is 01:20:32 I plead the fifth. I plead the fifth. I plead the fifth. I plead the fifth. I plead the fifth. I plead the fifth. I plead the fifth. On the most basic questions.
Starting point is 01:20:40 Now, in a civil case, unlike a criminal case, when you take the fifth amendment, that is an adverse inferno. Now, in a civil case, unlike a criminal case, when you take the Fifth Amendment, that is an adverse inference against you, meaning that the jury can look at the issues and the jury can basically say, or the judge can say, well, the person pleading the Fifth Amendment
Starting point is 01:21:00 must be trying to hide something. We're going to view that their answer would be against their interest if they didn't invoke the fifth. And even their judge Arthur Engoran in the motion for preliminary injunction to appoint the independent monitor, which was heard a month or two ago, said Trump has an offer a single Iota of evidence. Okay, not only did Trump plead the fifth, but Donald Trump didn't even provide an evidence from like an expert or evidence from someone who works for the organization saying, here's why the valuation is so significantly greater than what the appraised values are.
Starting point is 01:21:38 And here's why we submitted these on our statements of financial condition. They didn't even do that. They made some weird argument that the New York Attorney General lacked jurisdiction, which there literally is a statute for the New York Attorney General to pursue this exact type of civil investigation. But going back to my point, the fact that there is a trial date in a civil case, October,
Starting point is 01:22:00 it's gonna fly by before it's October, and that case is likely to, it's likely, I would assume, that Trump is going to be the Trump organization is going to be held liable there. And they're going to face hundreds of millions of dollars in damages in that case, because it's at least $250 million in damages. And one of the next questions is can this criminal case be used in the civil case? And the answer is most likely yes, because now that the Trump organization has been determined to engage in fraud, has determined to engage in this type of criminal conduct. Usually past conduct
Starting point is 01:22:46 of fraud can be used to demonstrate future conduct. Now, it's possible that the Trump organization will file what's called a motion in limine and saying that it's too prejudicial to come in, but a guilty verdict for criminal fraud is something that would be highly relevant, highly probative, and far outweigh any prejudice. And so I think that comes into the civil trial that this is an organization that has been adjudicated to be a felon organization. And so while the penalty of $1.6 million may seem not that much, the fact that this organization is a felon will impact all of their ability to get loans from anyone in the United States or any credible lender abroad, which will probably become nonexistent, and it can be used
Starting point is 01:23:42 against them and will be used against them in future proceedings as well. Do you agree with that Karen? I do agree with that especially because this was a 13 year fraud that the Trump Organization was convicted of today. This wasn't just a one time, oh I filed one piece of paper once. This was a scheme to defraud over a 13 year period that they have been convicted of. So I do think that's going to be very much used in the attorney general civil case where they do have a different standard, a much easier standard. It's not beyond a reasonable doubt. It's preponderance of the evidence. But one thing I want to point out is that the DA, Alvin Bragg, the Manhattan DA issued a press release today on the announcing the all-count conviction
Starting point is 01:24:36 of the Trump Corporation and the Trump payroll corporation. And the way these press releases always are, they are always the same. They talk about kind of what happened and what the charges are, et cetera, et cetera, what the sentencing date is. But at the end, they think people, they always think whoever was involved in the case. And they say the case was handled by the chief of the investigation, Division Susan Hoffinger, who's an excellent attorney and ADA at the Manhattan DA's office, and Senior Trial Counsel, Josh Denglas,
Starting point is 01:25:11 who's also a superstar at the Manhattan DA's office. But more interestingly, and what I found interesting was, he also said the case was being handled at trial by special ADA Gary Fischmann, who was cross designated for this case from the New York Attorney General's office. So this case was being prosecuted by both Alvin Bragg and Tish James. This was a co-prossecution. They are working hand and glove. So they're very much
Starting point is 01:25:48 working together on this case and the other cases. And there is no separation there. So I think that the civil case that's developing evidence into the Trump organization that you just talked about. Also, she, Tish James has made criminal referrals with respect to that case. Though there could also be a criminal case that will be brought in that matter as well. And when you read that complaint that she brought, that sweeping complaint, and you hear about all of the fraud that the organization engaged in in that case. And then you have the case
Starting point is 01:26:28 that happened that we got the conviction today. And then testimony under oath and documents that they were able to obtain and put into evidence and records. I think there's still a possibility that still a possibility that we might see an indictment of Trump at the Manhattan D.A.'s office with respect to that matter as well. But we'll see. And so Karen, as we head out here, want to give you the final word, how would you sum up what took place today? I would say that this is a huge victory for the Manhattan D.A.'s office and for democracy that the Trump organization has for the first time ever been convicted of 17 felonies. That's a very big deal. This is the organization that bears Trump's name, his family name, and it's by far his most
Starting point is 01:27:26 important business. And what Ajorie today found was that Trump himself, because this was the theory of the prosecution, that Trump himself knew about and sanctioned this 13-year scheme to defraud and tax evasion of the people of the state of New York, federal government, and the local government. And so this is just a huge victory. I applaud the Manhattan DA's office, and I think there's going to be more to come, but this is an excellent, excellent verdict. Karen Friedman, AgniFlah, thank you so much for joining us.
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