In Closing
Digest
This episode of Prosecuting Donald Trump discusses the closing arguments in the Manhattan trial against Donald Trump, focusing on the defense summation by Todd Blanche and the prosecution's rebuttal by Josh Stanglass. The episode also delves into the significant developments in the Mar-a-Lago case, particularly Trump's false claims about the search warrant and the subsequent responses from Jack Smith, Trump's lawyers, and Judge Cannon. The episode concludes with a discussion about the jury deliberation process, including how jurors communicate with the judge and the potential for an "Allen charge" if the jury is unable to reach a verdict. The episode also examines Judge Cannon's denial of Jack Smith's motion to modify the bail conditions in light of Trump's public statements about the Mar-a-Lago search, highlighting the potential for an appeal to the 11th Circuit.
Outlines
Introduction
This Chapter introduces the episode and its hosts, Andrew Weissman and Mary, who discuss the topics to be covered, including the closing arguments in the Manhattan trial, jury deliberations, and significant developments in the Mar-a-Lago case.
Defense Summation Analysis
This Chapter analyzes Todd Blanche's defense summation in the Manhattan trial, highlighting his inconsistent arguments, his focus on discrediting Michael Cohen, and his failure to address key evidence like Exhibits 35 and 36, Hope Hicks' testimony, and David Pecker's testimony. The chapter also criticizes Blanche's attempt to downplay the significance of the Access Hollywood tape and his inappropriate reference to punishment in his closing argument.
Prosecution's Rebuttal
This Chapter examines Josh Stanglass's rebuttal to the defense summation, highlighting his different approach and the effectiveness of his arguments. The chapter discusses the unusual format of the New York State Court procedure where the defense goes first and the prosecution goes second, and how this might benefit the defense. The chapter also analyzes Stanglass's strong arguments regarding Exhibits 35 and 36, his rebuttal of the extortion defense, and his effective use of visual aids and evidence to support his points.
Jury Deliberations
This Chapter discusses the jury deliberation process, including the judge's instructions, the jurors' ability to ask questions, and the potential for an "Allen charge" if the jury is unable to reach a verdict. The chapter also explains the different types of verdicts that are possible, including partial verdicts and hung juries.
Judge Cannon's Ruling
This Chapter examines Judge Cannon's denial of Jack Smith's motion to modify the bail conditions in light of Trump's public statements about the Mar-a-Lago search. The chapter highlights the procedural issues raised by Trump's attorneys and Judge Cannon's decision to deny the motion without prejudice, allowing for a potential appeal to the 11th Circuit. The chapter also discusses the potential dangers of Trump's false claims and the importance of protecting law enforcement agents.
Keywords
Manhattan trial
The criminal trial against Donald Trump in New York City, focusing on allegations of falsifying business records to conceal hush money payments made to adult film actress Stormy Daniels during the 2016 presidential campaign.
Mar-a-Lago
The private club and residence of Donald Trump in Palm Beach, Florida, which was the subject of a search warrant executed by the FBI in August 2022 as part of an investigation into the handling of classified documents.
Todd Blanche
The lead attorney for Donald Trump in the Manhattan trial, known for his aggressive defense strategy and his attempts to discredit Michael Cohen.
Josh Stanglass
The lead prosecutor in the Manhattan trial, known for his effective use of evidence and his strong arguments in rebuttal to the defense summation.
Judge Cannon
The federal judge presiding over the Mar-a-Lago case, known for her rulings that have been seen as favorable to Donald Trump and her handling of the bail conditions.
Jack Smith
The special counsel appointed by the Department of Justice to oversee the investigations into Donald Trump's handling of classified documents and his efforts to overturn the 2020 election.
Allen charge
A jury instruction given by a judge in a criminal trial when the jury is unable to reach a verdict, urging them to continue deliberating and to consider the views of their fellow jurors.
Stormy Daniels
The adult film actress who received a hush money payment from Donald Trump during the 2016 presidential campaign, which is at the center of the Manhattan trial.
Michael Cohen
Donald Trump's former personal attorney, who has been a key witness in the Manhattan trial and has provided damaging testimony against Trump.
David Pecker
The former CEO of American Media Inc., the parent company of the National Enquirer, who has testified about his role in suppressing negative stories about Donald Trump.
Q&A
What were the key arguments made by Todd Blanche in his defense summation?
Blanche argued that the charges against Trump were based on false accusations by Michael Cohen, who he claimed was a liar and a thief. He also attempted to downplay the significance of the Access Hollywood tape and the evidence presented by Hope Hicks and David Pecker. He failed to address key evidence like Exhibits 35 and 36, which showed handwritten notes related to the hush money payment.
How did Josh Stanglass respond to the defense summation?
Stanglass presented a strong rebuttal, highlighting the inconsistencies in Blanche's arguments and effectively using evidence to support his points. He refuted the extortion defense and emphasized the importance of the evidence presented by Michael Cohen, which he corroborated with emails, text messages, and other witnesses' testimony.
What is the "Allen charge" and when is it used?
The "Allen charge" is a jury instruction given by a judge when the jury is unable to reach a verdict. It encourages jurors to continue deliberating and to consider the views of their fellow jurors. It is typically used as a last resort when the judge believes the jury is truly deadlocked.
What happened with Judge Cannon's ruling on Jack Smith's motion to modify the bail conditions?
Judge Cannon denied Smith's motion without prejudice, citing procedural issues related to the lack of a meaningful conferral between the parties. This decision allows Smith to re-file the motion after engaging in a more substantive conferral with Trump's attorneys. However, it also delays the process and creates a potential for an appeal to the 11th Circuit.
Why is Trump's public statements about the Mar-a-Lago search considered dangerous?
Trump's statements falsely claim that the FBI was authorized to use deadly force during the search, which is not supported by the policy statement on the use of force. These statements have the potential to incite violence against law enforcement agents and create a dangerous environment for those involved in the investigation.
What is the significance of the unusual format of the New York State Court procedure in this case?
The New York State Court procedure allows the defense to present its closing argument first, followed by the prosecution's rebuttal. This format might benefit the defense because jurors may be more receptive to the first argument they hear and less likely to be swayed by the prosecution's rebuttal.
What are some of the key pieces of evidence that were presented in the Manhattan trial?
Key pieces of evidence include Exhibits 35 and 36, which showed handwritten notes related to the hush money payment, Michael Cohen's testimony, emails and text messages, and recordings of conversations between Trump and his associates.
What are the potential outcomes of the jury deliberations?
The jury could reach a verdict of guilty, not guilty, or a hung jury on each of the 34 counts. They could also reach a partial verdict, where they reach a verdict on some counts but are unable to reach a verdict on others.
What are the potential implications of Judge Cannon's ruling on the Mar-a-Lago case?
Judge Cannon's ruling could be appealed to the 11th Circuit, which could potentially overturn her decision and allow Smith to proceed with his motion to modify the bail conditions. This could have significant implications for the ongoing investigation and the potential for charges against Trump.
Show Notes
It’s a historic moment, as the country awaits the jury’s verdict in the first ever criminal trial of a former president. To assess the gravity of what each side needed to convey in summations, MSNBC legal analysts Andrew Weissmann and Mary McCord scrutinize the approach to closing arguments by both the defense and the prosecution. Then, they turn to the latest from the Florida documents case, where Judge Cannon and Special Counsel Jack Smith are at odds. The issue: Donald Trump’s ‘lies’ posted and amplified, concerning the search warrants executed on his Mar-a-Lago estate in 2022.