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

00:00:00

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.

00:02:27

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.

00:19:52

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.

00:35:40

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.

00:42:32

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

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