The MeidasTouch Podcast - FED UP Prosecutor FIRES BACK at Trump Request to EXCLUDE EVIDENCE

Episode Date: March 6, 2024

MeidasTouch host Ben Meiselas reports on District Attorney Alvin Bragg’s latest filing in the felony criminal case against Trump calling Trump out for trying to hide evidence from the jury. Head to https://Smalls.com/MEIDAS and use promo code MEIDAS at checkout for 50% off your first order PLUS free shipping! Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Learn more about your ad choices. Visit megaphone.fm/adchoices

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involving Donald Trump's hush money payments and falsification of business records. Donald Trump wanted to exclude testimony from Michael Cohen. He wanted to exclude testimony from Stormy Daniels. He wanted to exclude the Access Hollywood tape where he brags about sexually assaulting women. He wanted to exclude that from going before the jury. He wanted to exclude his own statements and speeches and statements that he's made in books, claiming that he doesn't really write his own books. They're ghostwritten and therefore it's hearsay and those words can't be attributed to him. He's also not stipulating to the authenticity of his own social media posts as well as his own videos that he makes of himself.

And so now the Manhattan District Attorney is firing back and telling Judge Juan Merchan, look, Judge, all of this stuff is relevant. All of this stuff should come in. And it is ridiculous that Donald Trump wants to exclude it. And in reality, Judge, Donald Trump is basically filing the equivalent of what looks to be press releases as opposed to legal motions at this point. Let's take a look at the filing by the Manhattan District Attorney's Office. And as those who watch this channel know, we are so blessed here to have Karen Friedman Agnifilo, who used to be one of the leaders of that office. She was the number two in the Manhattan District Attorney's Office under Cy Vance and frequently served as the acting district attorney. And so we know about what an incredible

legacy and top-notch lawyers they have there at the Manhattan District Attorney's Office, quite the legacy. And you see that in their lawyering and their writing. So here's what's in the Manhattan District Attorney's opposition to Donald Trump's motion in limine, in a motion in limine, you spell it I-N-L-I-M-I-N-E, is basically just like a pretrial motion to exclude stuff. So one of the things that the district attorney says is Michael Cohen will testify, should testify, and should not be excluded. His testimony is admissible and proper, the DA says. In an argument that reads more like a press release than a legal filing, defendant Donald Trump makes obviously unsupportable request that the court preclude one of the people's witnesses

from testifying a trial on the ground that defendant anticipates that he will disbelieve the witness's expected testimony. The court should reject this unprecedented argument. In other words, just ridiculous, a frivolous argument. Justice Arthur and Goran, sitting as the finder of fact in the New York Attorney General's civil fraud trial against defendant, expressly found after trial perjury at the trial. And it is misleading for defendants to argue otherwise without even advising the court that Justice Ngoran found Cohen's testimony credible and truthful. And then the DA says, look, at the end of the day, if you think Cohen's going to get on the stand and lie, if you think Cohen is not credible, guess what? You have the ability to call the witness and cross

examine the witness. And you could try to point out to the jury why you think that this witness is not credible and use that in your case. Why are you so afraid of Michael Cohen is basically what the DA is saying here. The DA goes on to say in this opposition to Trump's motion in Lemonade that evidence's trying to exclude any of the testimony of someone by the name of Dino Sejudin. Just so you know who Dino Sejudin is, he was the doorman at one of Trump's properties who Trump paid off and had signed an NDA to not talk about his interactions and observations of Donald Trump. Here, it goes on to say defendants trying to argue that this transaction, this payoff, this NDA payoff to Dino Sejudin is too attenuated with the issues of the case to be relevant. However, as outlined above in the people's response to the omnibus motion,

there is legally sufficient evidence for a jury to conclude that Sejudin and Karen McDougal transactions are related to each other and to the payment to Stormy Daniels. Defendants free to urge the jury to reject that conclusion, but the argument goes to the weight of the evidence, not to its threshold of admissibility. Then it goes on to say how defendant Donald Trump makes the sweeping claim that testimony from Stormy Daniels should be categorically excluded as unduly prejudicial. As with defendant's baseless attempt to preclude testimony from Michael Cohen, this argument relies on improper speculation that even under the court's supervision, Stormy Daniels will provide nothing more than irrelevant or prejudicial trial testimony. As defendant does not dispute, the payments to Daniels are relevant to the charges against him. As defendant also does not dispute, Daniels has personal knowledge of evidence regarding those payments. There's absolutely no basis to exclude such indisputably probative evidence on the basis of rank speculation that Daniels will provide, and this court will somehow allow only improper testimony instead. Cat food has been the same forever. It's time for cat food to move into the 21st century.

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their product that you can try it risk-free. That means they'll refund you if your cat won't eat their food. It's 2024. Are you still really feeding your cat kibble? Head to smalls.com slash Midas and use promo code Midas at checkout for 50% off your first order plus free shipping. That's the best offer that you'll find, but you have to use my code Midas for 50% off your first order plus free shipping. That's the best offer that you'll find, but you have to use my code MIDAS for 50% off your first order. One last time, that's promo code MIDAS for 50% off your first order plus free shipping. Donald Trump goes at his speeches and rallies and he calls her horse face. He goes, no affair, horse face, never touched that woman, don't know anything about horse face. He says that over and over again, But obviously, she's an important witness in this case. Donald Trump made the payments to her because he had sex with her for about three seconds, as she'll describe it. payments and then falsely try to characterize those payments as legal fees to Michael Cohen.

And that's unlawful. And why was Donald Trump doing that? Because he wanted to keep it secret from the public because at that point in time, he was running for office in 2016 and he wanted to keep this secret. So he made hush money payments consistent with other NDAs that he did in the past. It goes on to say, finally, defendant seeks to exclude any evidence regarding the Access Hollywood tape on the basis that it has no probative value and will be impermissibly prejudicial to its probative value and defendant again improperly relies on his own version of the facts. Well, why don't we here take a look at what Donald Trump's prior testimony was in the E. Jean Carroll case when presented with the Access Hollywood tape. Play the clip.

In this video, I just start kissing them. It's like a magnet. Just kiss. I don't even wait. And when you're a star, they let you do it. You can do anything. Grab them by the you could do anything. That's what you said, correct? Well, historically, that's true with stars. It's true with stars that they can grab women by the... Well, that's what it's... If you look over the last million years, I guess that's been largely true. Not always, but largely true. Unfortunately or fortunately. And you consider yourself to be a star? I think you can say that, yeah.

Well, that's how he responded. I mean, that's quite despicable would be an understatement. And here the Manhattan district attorney says that the fact that that tape came out when it did was one of the motivations why Donald Trump wanted to keep what transpired with Stormy Daniels' secret from the 2016 election. That's why he went about doing that. And then the court goes on to talk about how Donald Trump wants to exclude his statements, statements that he's made himself. And the court's like, okay, these are things that you've said.

These are books that you've written. These are your own words. Why are you trying to have those things excluded? And there doesn't need to be some sort of pretrial hearing on the admissibility of these things. These are Donald Trump's statements, defendants' own words, and the statements that people identified about, for example, the attention Trump pays to his finances, his expertise regarding campaign finance requirements, his philosophy of aggressively going after anyone who crosses him, and about the very reimbursement payments at issue in this prosecution, on their face, have any tendency to prove

their material fact. And the fact that defendant Trump suggests that books he authored and sold under his name may not in fact contain his own statements because he wrote those books with ghostwriters goes to the weight and not to the admissibility of those evidence, of the evidence. You said it. These are your words. Stop trying to run away from your own conduct is what the DA is saying right here. So we'll see what Judge Juan Merchan rules. My view is that most of all of this evidence is going to come in. I wonder with the Access Hollywood tape if the court will exclude the actual contents of the tape but allow discussion about what it is.

I don't know. I think the court should let it in, but we'll see what the court does on that one. We'll keep you posted every step of the way. But folks, in the next three weeks, Donald Trump is in a felony criminal trial. Criminal defendant Donald Trump. He could be facing four years if convicted of the felony charges against him. I'm Ben Mycelis. This is the Midas Touch Network. Thanks for watching. Hit subscribe. Let's get to 3 million subs together. Have a great day.

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