LaFern Cusack

Trump Verdict: A Judicial Travesty

President Trump’s verdict is in – guilty on all 34 counts. Dr. Phil uses 15 years of trial science expertise to break down errors made by the trial judge in this historic conviction and how this impacts the country. Rod Phelan, a respected former litigator, joins Dr. Phil and provides an overarching view of the Trump trial, questioning whether the Manhattan District Attorney, Alvin Bragg, should have charged him in the first place.

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EP224 - Trump Verdict: A Judicial Travesty

Overview and Legitimacy of the Trial

Rod Phelan begins by providing an overarching view of the Trump trial, questioning whether it should have been filed at all. He critiques the decision to prosecute Trump, suggesting that it was politically motivated by the district attorney for publicity.

Basis of the Case and Legal Analysis

Rod explains the core allegations of Trump's trial, focusing on the claim that Trump paid hush money, which is not a crime. He elaborates on the nature of hush money and discusses the legal missteps taken by the prosecution.

Manhattan DA: Catch and Kill Scheme to Influence 2016 Election

Jury Interpretation and Challenges

Dr. Phil and Rod discuss the importance of how the jury interprets the evidence presented. Rod explains that the jury should only hear admissible evidence relevant to the case and not be influenced by prejudicial information.

Political Candidates and Disclosure

Rod clarifies that political candidates are not legally required to disclose negative information about themselves. He stressed that paying someone for their silence is legal, underscoring issues in the prosecution's argument that Trump's actions constituted election fraud.

Business Records and Election Fraud

The discussion shifts to the specifics of business records and the prosecution's attempt to frame Trump's reimbursement to Cohen as election fraud. Rod explains that creating business records for a legal act does not make it illegal, challenging the foundation of the prosecution's case.

Unanimity and Jury Deliberation

Rod points out a critical issue in the jury's decision-making process. He questions the judge's instruction that allowed jurors to convict without unanimous agreement on the specific crime, suspecting it might be a strong point for appeal.

Post-Summation Instructions/ Limiting Instructions: "Neither the fact of the FEC investigation, Mr. Cohen and his attorney’s responses or the fact that Mr. Cohen pleaded guilty, constitutes evidence of the Defendant’s guilt and you may not consider them in determining whether the Defendant is guilty or not guilty of the charged crimes."

Harvey Weinstein Case Comparison

Rod compares Trump's trial to the Harvey Weinstein case, highlighting that prejudicial evidence not related to the charged conduct led to Weinstein's conviction being overturned. He predicts similar grounds for appeal in Trump's case.

Allowing Prejudicial Evidence

Dr. Phil and Rod go over what they think are multiple prejudicial evidence aspects allowed in Trump's trial by Judge Merchan. This includes allowing cross-examination on unrelated issues and admitting co-conspirator pleas, which Rod argues should be grounds for reversal.

Closing Arguments and Prejudicial Statements

Rod critiques the prosecution's closing arguments for introducing facts not in evidence and making prejudicial statements. He states that these tactics violate core legal principles and should be considered in the appeal.

Standards of Proof and Legal Violations

Dr. Phil talks about the importance of the high standards required to convict someone of a crime beyond a reasonable doubt. Rod agrees that several hornbook legal rules were violated in Trump's trial, emphasizing the broader implications for the justice system.

Implications for the Justice System

Rod and Dr. Phil express concern over the broader implications of the trial for the American justice system, warning that similar politically motivated prosecutions could become more common if Trump's conviction stands.

Exclusion of Expert Testimony

Rod critiques the judge's exclusion of expert testimony that could have provided a crucial defense for Trump. He argues that the exclusion significantly weakened Trump's case and highlights procedural missteps that could form grounds for an appeal.

Dr. Phil’s Final Thoughts and Reflection on Weaponization of Justice

This weaponization of our great institutions, the FBI, the Justice Department, and individual State’s similar institutions, will lead to one of two outcomes.

One is more of the same from the other side, tit-for-tat.

That may seem deserved, but it is not the right way forward for America.

The other is what I call on you to demand from your politicians today: an end to this craziness in order to save the soul and sanity of our country.

The Pope has actually given us the right approach in his new book, when he says:

‘We are all brothers and sisters, and there must be no resentment among us. For any war to truly end, forgiveness is necessary. ”

That is true of any war including our current cultural war.

We need our Justice Department to return to the business of meting out justice, and not running the political agendas of those currently in power, blindly seeking convictions, warranted or other wise and attacking political opponents. That requires a few very important things from each of you, from all of us — FINDING YOUR VOICE, FORGIVENESS, and FOCUS ON THE WAY FOWARD.

“Forgive them for they know not what they do.” FORGIVENESS AND AT THE SAME TIME REQUIRING BETTER.

We are not some “banana republic” for God sakes! What are we going to do next have a “Putin Poisoning Posse?” AND just start finding political opponents foaming at the mouth at home not so “mysteriously” dying in their Lazy Boy recliners? We are better than that, we MUST better than that.

I don’t like what I see happening in our country. This kind of thing is exactly why I launched Merit Street Media and wrote We’ve Got Issues!

I don’t like seeing the weaponization of our justice systems, agencies and powerful government actions that frankly just make my skin crawl for ALL of us and for my grandchildren..

And let’s be honest, this is SO NOT JUST ABOUT TRUMP! If you let your hatred for Trump compromise your ability to find true North on your moral compass, shame on you!

If you let your disgust for Biden make you blind to the inevitable consequences of PURSUING revenge then God help the children who will inherit the dystopian nightmare we create.

We need leaders who will pledge to end this vicious cycle RIGHT NOW and return us to that safe place where our institutions are no longer bastardized and weaponized but rather simply serve their intended purpose.

We have serious problems to solve and it will take serious people to solve them. Men and women who we all hold accountable for doing that which they were elected or hired to do. They need to know we are watching and their positions are privileges not legacies. They work for us, until they don’t.

I have said, “I am not into politics.” I claim no expertise nor do I seek any. I don’t advocate voting for one candidate over another.

I stay in my lane addressing human behavior, individually, collectively, culturally and am focused on how we can have maximum control in our lives and turn this Ship of State called America in the right direction and get her back on a track of which we can all be proud. That is my mission and this is a call to action to save our collective soul and sanity.

This is also a call to redemption, healing and forgiveness that leads to peace among us all which is the most important gift we can share in our dangerous world.

The current administration could and should do the right thing, dismiss even now, post conviction of a political opponent, all such “lawfare,” and pledge to return to the normal functioning of a government rightly run.