Trump Convicted - Now What? Expert Legal Analysis, with Aidala, Eiglarsh, Dershowitz, Geragos, Aronberg, Davis, and Holloway| Ep. 807
May 31, 2024
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Legal experts discuss Trump's guilty verdict, possible sentence outcomes, appeal strategies, Biden's comments, Judge Merchan's bias, and more in a lively breakdown of the legal rollercoaster.
Trump's possible sentencing options range from jail time to community service, with varied legal opinions on the outcome.
Trump's defense team is strategizing for potential appeals, focusing on legal errors and due process violations.
Political prosecutions raise concerns about justice and ethical boundaries, emphasizing the need for principled defense.
Allegations of bias in judicial processes highlight the risks of weaponizing legal systems for political gain.
Deep dives
Trump's Potential Sentence and Possible Jail Time
There is discussion regarding what may happen to former President Donald Trump after being found guilty on multiple counts by a New York City jury. Arthur, a New York trial attorney, suggests that Trump's lawyers would prepare a substantial sentencing memorandum possibly requesting a conditional discharge. The prosecutor, Alvin Bragg, may recommend a suspended two-year jail sentence, sending a message of accountability without immediate incarceration. The appellate courts are likely to stay any sentence until after the election, considering Trump's non-flight risk status.
Potential Appeals Strategies for Trump's Defense
Various appeals strategies are considered for Trump's defense against the conviction. Alan Dershowitz, a Harvard Law professor and appellate lawyer, highlights potential arguments, including the mishandling of Stormy Daniels' testimony and missing witness instruction. The defense may also challenge venue change and the manufacturing of charges. The goal is to mount a winnable appeal focusing on legal errors and due process violations.
Constitutional and Strategic Considerations
The discussion touches on the broader implications of partisan prosecution and its effect on American justice. Concerns are raised about the precedent set by politically motivated prosecutions, emphasizing the need for principled defense over tit-for-tat responses. The prospect of escalating legal battles and the impact of weaponizing legal processes are highlighted as potential consequences.
Concerns About Legal Ethics and the Future of Prosecution
There are critiques of the prosecutor Alvin Bragg's conduct and the potential consequences for legal ethics. The conversation delves into the broader implications of local prosecutors targeting political adversaries and the risk of a retaliatory legal environment. The need to uphold legal principles and ethical boundaries amid escalating partisan battles is emphasized.
The Impact of Legal Decisions on Trump's Presidential Prospects
Legal experts discuss the potential implications of recent legal decisions on Donald Trump's presidential ambitions. They delve into the courtroom drama and analyze the strategies presented by the prosecution and defense, highlighting the controversies surrounding the judicial proceedings.
Political Manipulation Within the Judicial System
The podcast examines allegations of political influence in judicial processes, focusing on cases involving high-profile figures like Donald Trump. The discussion delves into the role of prosecutors and judges in potentially biased legal proceedings, raising concerns about the manipulation of the justice system for political purposes.
Challenges in Campaign Finance Laws
Experts explore the complexities of campaign finance laws and their application in legal cases, specifically in relation to hush money payments and their interpretation as potential violations. The conversation highlights the subjective versus objective assessments of campaign expenditures and their impact on legal outcomes.
Due Process and Fairness in Legal Proceedings
The podcast scrutinizes the principles of due process and fairness in legal proceedings, particularly in cases involving politically charged individuals like Donald Trump. It delves into jury instructions, evidentiary standards, and the implications of judicial decisions on the preservation of constitutional rights and justice.
Megyn Kelly is joined by all-star legal experts to break down the Trump conviction and guilty verdict, with Arthur Aidala, Mark Eiglarsh, Alan Dershowitz, Mark Geragos, Dave Aronberg, Mike Davis, and Phil Holloway, to discuss what Trump's sentence might be now that he's found guilty, Judge Merchan's history of sentencing, whether Trump will get jail time or "community service," what probation would look like, Trump speaking out and unloading on the biased Judge Merchan, Elie Honig's fair coverage of the case, comparing the Trump case to the Harvey Weinstein verdict that was overturned on appeal, what Trump's appeal strategy should be, how the case could end up at the Supreme Court, whether Republicans should fight fire with fire and go after political opponents too, Judge Merchan's small donation earmarked for "resisting the Republican Party and Donald Trump’s radical right-wing legacy," whether he should have recused himself, President Biden's comments about the Trump verdict, whether Biden should have weighed in on a criminal case, his campaign out in the media calling Trump a "convicted felon" over and over again, Michael Cohen's media tour, and more.