BOMBSHELL: Grand jury sought to INDICT Trump in NEW case
Brian Tyler Cohen
Aug 10, 2024
3.05M subscribers ... 1,185,440 views ... 62K likes
The Legal Breakdown with Glenn Kirschner
The Legal Breakdown episode 351: @GlennKirschner2 discusses the Arizona grand jury's willingness to indict Trump.
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The Legal Breakdown with Glenn Kirschner
Brian Tyler Cohen
Transcript
- 0:00
- you're watching the legal breakdown so
- Glenn we've got some bombshell reporting
- here from CNN according to court filings
- from the Arizona indictment of 18 allies
- of Donald Trump but not Donald Trump
- himself it turns out that the grand jury
- expressed interest in indicting Donald
- Trump so obviously a major story here if
- there was interest Why didn't it happen
- a dagger through the heart of this old
- prosecutor Brian when I heard the
- Arizona Grand jurors heard the evidence
- of Donald Trump's crimes and said we
- want to to indict him for violating
- Arizona state laws and the prosecutor
- said hold up not so fast we don't want
- you to do it now there are reasons and
- let's take a few minutes talking about
- what those reasons are that a prosecutor
- might tell a grand jury a grand jury who
- is sitting there to decide who should be
- indicted as part of Donald Trump's
- corrupt scheme to you know basically Rob
- the people of Ariz Iona of their votes
- 1:02
- in the presidential election in 2020 the
- same thing that happened down in Georgia
- for which Donald Trump is indicted you
- know there are some reasons that a
- prosecutor might say hold up hold up so
- let's talk a little bit about the grand
- jury and and what is involved so first
- of all a grand jury investigation really
- is the grand jury's investigation
- believe it or not Brian it's not the
- prosecutor's investigation now when I
- was a prosecutor I exercised the power
- an authority of the the grand jury I
- would take grand jury subpoenas I would
- issue them to Witnesses those Witnesses
- would appear and testify before the
- grand jury and then after all of the
- evidence was presented not just
- Witnesses but documents and photographs
- and physical evidence and forensic test
- results Etc after it was all presented
- the prosecutors make recommendations to
- the Grand jurors about who we believe
- should be indicted in accordance with
- the evidence that has been presented to
- the grand jury now 18 defendants were
- 2:02
- indicted by that Arizona Grand Jury
- including people like Rudy Giuliani Mark
- Meadows Jenna Ellis there's two of
- Donald Trump's dirty lawyers right there
- Rudy and Jenna and of course Mark
- Meadows was his former Chief of Staff
- and then 15 other defendants and now we
- know based on the reporting the grand
- juror said oh oh oh and we want to Indi
- Trump because there's enough evidence to
- do that so first of all in order to
- indict any body you the prosecutors have
- to be convinced that one there is
- probable cause in the evidence that was
- introduced to the grand jury probable
- cause is a pretty low evidentiary
- standard believe it or not it's about
- 50% of the evidence really it's a tick
- below 50% of the evidence but for a
- prosecutor to be comfortable that
- inditing somebody is the right thing to
- do you've made out probable cause we
- also have to have a reasonable belief
- that when we get to trial we will have
- 3:01
- been able to build that evidence to
- proof Beyond A Reasonable Doubt and it's
- a huge chasm in the burden of proof the
- evidentiary hurdle we have to overcome
- to make out probable cause versus to
- make out proof Beyond A Reasonable Doubt
- so sometimes when you have bare probable
- cause as a prosecutor you might say you
- know what folks I know we have bare
- probable cause here but we're going to
- recommend you don't indict one of the 18
- or 19 defendants that we've been
- investigating
- because we're not quite there yet on the
- evidence so that is one possibility and
- here's the thing um there was a line in
- the reporting I think it was from CNN
- that said um when these records were
- disclosed about what had gone on in the
- grand jury pursuant to some litigation
- in Arizona um the prosecutors told the
- grand jury the following they said you
- know what we might not quite be there
- yet on the evidence implicating Donald
- Trump in these crimes I think that
- 4:02
- speaks volumes it sounds like the
- 4:05
- prosecutors told the grand jurors listen
- 4:07
- we hear you that you think there's
- 4:08
- enough to indict Donald Trump but
- 4:10
- there's a lot that goes into indicting a
- 4:12
- former president and we're not sure
- 4:14
- we're quite there yet but you know what
- 4:18
- there has been a recent development
- 4:19
- literally in recent days that might
- 4:22
- change the prosecutor's calculation on
- 4:24
- that very question because one of Donald
- 4:27
- Trump's lawyers Jenna Ellis decided to
- 4:30
- cooperate she flipped and she promised
- 4:33
- in writing in an agreement with the
- 4:35
- prosecutors to testify fully truthfully
- 4:38
- and accurately against Donald Trump Rudy
- 4:40
- Giuliani Mark Meadows and all of the
- 4:42
- other remaining defendants in the
- 4:44
- Arizona case now if they if the
- 4:47
- prosecutors told the grand jury to hold
- 4:49
- up a minute because they thought maybe
- 4:52
- we wanted to strengthen our case a
- 4:53
- little bit against Donald Trump well
- 4:55
- they may now have the evidence that they
- 4:57
- believed they needed and there's no
- 5:00
- reason they can't go back before a grand
- jury and now return an indictment
- against Donald Trump at least that's
- kind of what I'm looking for as I read
- the tea leaves okay so a few questions
- to dive into here but first uh just a
- quick note for our legal breakdown
- viewers um we've done over 350 episodes
- so far uh just wanted to ask for a small
- favor I have a book coming out in a few
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- appreciated Okay so Glenn is this the
- 6:00
- kind of thing where these prosecutors
- may very well be waiting for a
- conviction for the for the those who are
- currently indicted those 18 uh indicted
- codefendants and then they could use
- those convictions eventually to help
- them with an indictment against Donald
- 6:16
- Trump you know that's a possibility
- 6:18
- listen all of the prosecutors are
- 6:20
- playing the long game when it comes to
- 6:23
- Prosecuting Donald Trump and all of the
- 6:26
- other ruling class criminals you know
- 6:28
- the the upper Echelon of this criminal
- 6:31
- scheme not just the fake electors who
- 6:34
- are kind of the flunkies of Donald
- 6:35
- Trump's criminal attempt to steal the
- 6:38
- presidential election but the mark
- 6:39
- Meadows the Rudy giulian the John
- 6:41
- Eastman's the Jeffrey Clarks the the
- 6:44
- Sydney pows and the Kenneth chesbros
- 6:47
- those characters it could very well be
- 6:50
- that the the prosecutors will make the
- 6:53
- decision okay we're going to take these
- 6:55
- other folks to trial we're going to get
- 6:57
- them convicted and here's the thing that
- 6:59
- people might not be aware of you know I
- 7:03
- when I was a prosecutor I went hard
- 7:05
- after cooperating Witnesses when
- 7:07
- somebody had committed a crime and I
- 7:09
- believed I could prove it but I knew
- 7:11
- they had evidence that they could give
- 7:12
- me against the bigger criminal fish in a
- 7:15
- conspiracy or in a criminal Enterprise I
- 7:17
- went hard after those cooperating
- 7:20
- Witnesses and sometimes they said nope
- 7:22
- I'm not pleading I'm not going to flip
- 7:24
- I'm not going to go against the deao mob
- 7:27
- boss the bigger criminal fish so I would
- 7:29
- say fine
- 7:30
- I'm going to give you a fair trial Brian
- 7:32
- I'd take them to trial I'd get them
- 7:34
- convicted most of the time not all of
- 7:36
- the time I lost my share of cases over
- 7:38
- my 30 years as a prosecutor but after I
- 7:40
- got them convicted and now they were
- 7:42
- concretely maybe facing 20 or 30 years
- 7:45
- in prison before they were sentenced I
- 7:49
- stepped back to them with their lawyer
- 7:51
- and I said well you went to trial that
- 7:53
- didn't work out so good for you sport
- 7:55
- but guess what it's your lucky day
- 7:58
- because the window of Cooper is still
- 8:00
- open this much you're not going to get
- 8:02
- as much of a benefit as you would have
- 8:04
- if you'd come on board before I had to
- 8:07
- take you to trial and convict you but I
- 8:09
- can still perhaps shave 10 years off
- 8:12
- your sentence I can ask the judge to
- 8:14
- reduce it if you cooperate now better
- 8:17
- late than never do the right thing and
- 8:19
- Brian sometimes that had the desired
- 8:22
- effect and people would come on board
- 8:24
- even after they were convicted of their
- 8:26
- crimes and I would never you know say
- 8:29
- hey I had to take you to trial you're
- 8:30
- not getting anything from me no I always
- 8:33
- kept my eye on the Justice ball because
- 8:34
- I wanted the biggest criminal fish the
- 8:37
- evidence could get us so listen it may
- 8:40
- be that some of the prosecutors are sort
- 8:43
- of following that Playbook they'll take
- 8:45
- these people to trial and then they'll
- 8:46
- step back to them and try to bring them
- 8:48
- on board or one other thing at the risk
- 8:50
- of running on turning this into a you
- 8:52
- know a criminal law class um the other
- 8:55
- thing that prosecutors can do is they
- 8:57
- can take somebody to trial they can
- 8:58
- convict them and once they're sentenced
- 9:01
- guess what their rights against
- self-incrimination are basically at an
- end now they retain their right against
- self-incrimination during the appeal but
- at that point the prosecutor can just
- give them immunity because they've
- already been tried and you can force
- that person to become a cooperating
- witness even though they don't get any
- benefit out of their cooperation so
- there is more than one way to skin the
- Justice cat and maybe some of the prosec
- compers are playing that long game all
- right so we obviously have some Silver
- Linings here both with a grand jury that
- already seems willing to indict Donald
- Trump as well as the prospect that as
- many as 18 uh possible convictions could
- result in flipped defendants uh in terms
- of helping the prosecutors ultimately
- get to Donald Trump in the end so uh
- keep an eye on what's happening in
- Arizona it's going to be a big story in
- the coming months here so Glenn and I
- will of course continue to stay on top
- of this as well as the other
- prosecutions that Trump is contending
- with right now if you want to follow
- 10:00
- along please make sure to subscribe put
- the links to both of our channels right
- here on the screen by the way Glenn is
- fast approaching a million subscribers
- if you are not yet subscribed to his
- Channel please go ahead and click the
- Subscribe button right here on the
- screen I'm Brian teller Cohen and I'm
- Glenn kersner you're watching the legal
- breakdown
- [Music]
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