Justice Matters with Glenn Kirschner

Glenn discusses the three goals of a prosecution's opening statement and the three goals of a defense opening statement. There are always lots of tactical challenges for both the prosecutors and the defense attorneys. But there is one challenge in particular that Trump's attorney's will face, and it's a choice that may end up alienating the jurors, If you're interested in supporting our all-volunt...

Now 12 jurors and six alternates have already been qualified to serve on the Trump jury in the 2016 election interference trial in New York. In another development, the prosecutors just filed what's called "Sandoval Notice" detailing 13 instances of uncharged misconduct they intend to use on cross-examination of Trump in the (unlikely) event he decides to testify at trial. Glenn gives us highlight...

The jury has been selected in a New York courtroom to judge the guilt or innocence of a former president of the United States. This is an important step in the direction of fulfilling the long-dormant American promise that no one is above the law. Glenn does a deep dive into several jury issues, including Judge Juan Merchan's unusual process of letting jurors self-identify as unable to be fair and...

Donald Trump has violated the gag order imposed by Judge Merchan in his New York criminal prosecution. Trump has repeatedly violated the gag order - talking about and endangering the witnesses in the case. Now NY District Attorney Alvin Bragg's prosecutors have filed a motion formally asking Judge Merchan to hold Trump in criminal contempt and fine him. However, they are also asking the judge to p...

Today, Donald Trump went from an aspiring "day-one dictator" to a "day-one defendant" at his big 2016 election interference trial in New York. Just days ago, Trump told his supporters that he wanted "all hell to break loose on Monday." But given the anti-Trump protests outside the courthouse today, it looked like all accountability was breaking loose. Glenn takes on three of the legal developments...

Criminal trials can often be a bit like popularity contests. Each attorney will strive to be liked, trusted, and respected by the jury. In a sense, each attorney will want to be the most popular in the eyes of the jury. But more importantly - how does the jury views the defendant? Does the defendant come across as likeable, trustworthy, or honorable? There's one important piece of evidence that wa...

New reports have revealed the prosecution witnesses that are prepared to testify at Donald Trump's first criminal trial and they spell real trouble for him. Those witnesses, as you might expect, include Michael Cohen and Stormy Daniels. But surprisingly on the list: former White House Communications Director Hope Hicks, former Director of the Oval Office Madeleine Westerhout and former CEO of the...

Donald Trump's longtime Chief Financial Officer Allen Weisselberg was sent back to Rikers Island after pleading guilty to committing perjury at Trump's New York fraud trial. Weisselberg had served time at Rikers previously after pleading guilty to being involved in a 15-year-long criminal scheme to defraud in the first degree while serving as the CFO for the Trump Organization. Given that Weisselb...

There are two good news stories to report. First, a New York appeals court judge rejected Donald Trump's attempt to stop his trial from beginning on April 15th. But; in a lesser-covered development; Judge Juan Merchan shared how some of the jury selection procedures will work. People often refer to Trump's New York prosecution as the "hush money" case. However Glenn and others refer to it as an "e...

Donald Trump and his lawyers have again reached into their dirty little bags of tricks in a desperate effort to stop his first criminal trial from beginning on April 15th. Trump is suing the presiding judge, Juan Merchan, as The New York Times reports: "Trump to sue judge in last-ditch attempt to avert Manhattan trial." Glenn says this desperate Hail Mary will fail, just as it failed when Trump su...

So it looks like the person that put up the $175 million bond to stop New York Attorney General Leticia James from seizing Trump's properties - a guy named Don Hankey - is not actually credentialed to do business in New York. Accordingly, Attorney General James filed a "notice of exception" to the bond, and Judge Arthur Engoron has now set a hearing for April 22nd. Glenn wonders if seizing Trump's...

If it already wasn't crystal clear that Trump-appointed Judge Aileen Cannon should be removed from presiding over the prosecution of the very defendant who bestowed upon her a lifetime appointment as a federal judge, it is now beyond reasonable dispute. Judge Cannon ruled AGAINST Trump, denying his motion to dismiss the 32 espionage counts in his Florida federal prosecution, yet Trump then praised...

Special Counsel Jack Smith just filed a motion in Donald Trump's federal prosecution that is a direct and searing criticism of the conduct of Trump-appointed judge Aileen Cannon. Glenn reviews the new court filing by Smith and determines he's now closer than ever to filing a motion to remove Judge Cannon from presiding over a case in which the defendant - Donald Trump - is the very person who gave...

On Monday, New York Judge Juan Merchan issued an expanded gag order prohibiting Donald Trump from talking about the family members of the judge, prosecutors and their respective staffs. On Tuesday, Trump reposted comments by a Fox broadcaster talking about Judge Merchan's daughter. Did Trump already violate the expanded gag order? And if so, will judge Merchan impose the 30 day jail term that is a...

In an absurd legal brief, Trump's lawyers file a motion with New York State court judge Juan Merchan asking him to delay the April 15th trial date because there is too much publicity surrounding Trump and his crimes. And because too many potential jurors in New York already believe Trump is guilty. Glenn takes on Trump's ridiculous motion seeking more delay in the commencement of his trial and als...

Donald Trump thinks he can do one political photo op - attend the funeral of a slain NYPD police officer - and it will erase the FACT that he sent a mob to the US Capitol on January 6th to "fight like hell" and "stop the steal." His supporters proceeded to attack, beat and assault more than 100 police officers. Trump responded by telling the attackers he "loves them," that the are "very special,"...

It's been a really bad couple of days for two Trump-affiliated lawyers, John Eastman and Jeffrey Clark. After a bar counsel ethics trial, a California judge ruled that John Eastman - one of the architects of the fake elector scheme - should be disbarred, saying that his "actions were carried out with deceit or dishonesty" and his plan to derail Joe Biden's election victory "was unlawful and lacked...

There can be no reasonable dispute but that the institutions of government - particularly the Department of Justice - apply the rules, the laws, and the Constitution differently to Donald Trump than to the rest of us. And we are forever asking ourselves . "Why is this happening?" Glenn tries to take on that question by drawing from his decades of experience at the Department of Justice. It seems t...

New York State Judge Juan Merchan imposed a gag order on Donald Trump. This is the 3rd gag order judges have felt compelled to issue to Trump to protect witnesses, jurors, court and prosecutorial staff, and family members. What does this say about the way our criminal justice system deals with a dangerous defendant who in on pretrial release in four felony cases? Glenn says Trump should be detaine...

New York State court judge Juan Merchan seems fed up with the incessant attempts by Trump and his legal team to delay his criminal trial for interfering in the 2016 election by making hush money payments and falsifying business records to cover them up. Judge Merchan ruled that Trump's NY prosecution will begin with jury selection on April 15. In another legal development, a New York appeals court...

New York District Attorney Alvin Bragg filed a motion seeking a firm trial date to start his criminal prosecution of Donald Trump for falsifying business records to interfere in the 2016 presidential election by covering up hush money payments. The presiding Judge, Juan Merchan, granted the motion. Glenn also takes on the issue of why Judge Merchan denied Trump's motion to try to stop Michael Cohe...

Donald Trump's financial world is crumbling, and there is little he can do to stop it. New reporting shows: he may be forced to sell Mar-a-Lago in a "fire sale"; he has a court-appointed monitor watching his every move to make sure he doesn't move, transfer, dispose of or hide any of his assets; and New York Attorney General Letitia James has now filed a lien on Trump's Westchester County mansion...

Judge Aileen Cannon owes her lifetime appointment as a federal judge to Donald Trump. Yet, with that obvious appearance of a conflict of interest, she continues to preside over his federal prosecution for unlawfully possessing classified documents, obstructing justice, and violating our nation's espionage laws. Even after an appellate court found she abused her judicial discretion by previously ru...

In a new court filing, Donald Trump admitted that no surety or insurance company is willing to extend him a bond to cover his half-a-billion-dollar fraud judgment. This means that New York Attorney General Letitia James will begin the process of seizing Trump's properties to satisfy the judgment she won on behalf of the people of New York. Glenn goes through some of the more absurd portions of Tru...

Donald Trump is on pretrial release in four felony cases. In the past - he's used inflammatory rhetoric to inspire and incite an attack on the US Capitol on January 6th to try to retain power. Now, Trump has ratcheted up his violent rhetoric, promising a "bloodbath" if he is not reelected. In the criminal justice system, the law provides that if someone on pretrial release poses a danger to even a...