There has been wringing of hands and gnashing of teeth about an alleged personal relationship between Georgia DA Fani Willis and one of the special team members handling the prosecution of Donald Trump and his18 criminal associates/co-conspirators/co-defendants in his Georgia state RICO case. Glenn discusses why this development may be an unhelpful distraction and may resonate in the court of public opinion, but it is unlikely to have any legal significance to the ongoing RICO prosecution of Trump and company.

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DA Fani Willis' Personal Relationship Will Have No Legal Impact on Trump's RICO Case

Glenn Kirschner - he’s an NBC News and MSNBC legal analyst and former Assistant U.S. Attorney at the D.C. U.S Attorney's Office. Now you can join him for Justice Matters. Glenn brings analysis and insight to current legal issues, drawing from his 30 years as a federal prosecutor, homicide prosecutor, and Army JAG. For three decades, Glenn argued to juries and judges, breaking down complex legal issues in clear and relatable ways. Every weekday his podcast brings that same approach to his analysis of today's troubled legal landscape.

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Donald Trump repeatedly and incessantly told the American people he would absolutely testify in his defense at his criminal trial in New York. But, when he had the opportunity to take the stand and tell his side of the story - Trump punked out.

Glenn discusses a defendant's right to testify and a defendant's right to decline to testify. But importantly, it is the defendant's decision - not the defense attorney's decision - to make. Trump is the one who made the decisions that he should not testify and could not withstand the rigors of cross-examination. He also also discusses the burden of proof in criminal cases - beyond a reasonable doubt - and how judges define that evidentiary standard for the jurors.

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Trump Promises to Testify But Fails to Defends Himself in New York Criminal Trial

As the only witness of consequence, Donald Trump's lawyers called Robert Costello to testify in Trump's defense. And if it wasn't bad enough that Judge Juan Merchan had to clear the courtroom for Costello's "contemptuous" behavior, the cross-examination of Costello (including with his own emails) also proved to be devastating to Donald Trump's defense.

Glenn discusses why most experienced criminal litigators know - it's really much better to put NO witnesses on the stand than to put on a weak or damaging witness in the case.

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Here's How a Defense Witness Blew Up Donald Trump's Case

After more than 15 hours on the witness stand, Michael Cohen's testimony concluded. Although the defense attorney scored a couple points, Michael Cohen's testimony was consistent, corroborated and credible.

Interestingly, Trump's lawyer, Todd Blanche, didn't even question Cohen about the 2017 Oval Office meeting that was key to the prosecution's case. Glenn discusses this tactical decision by Trump's defense team. On cross-examination, Michael Cohen readily admitted that he stole money from the Trump Organization. Although this evidence is uncorroborated, the defense attorney will almost certainly argue in closing that the jury should take this evidence to the bank. And that will be a gift to the prosecutors, who will get the last word in their rebuttal argument.

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NY Trump Trial Winds Down as Michael Cohen's Testimony Concludes

On January 6th, 2021, Trump incited an insurrection, and as a result, he is pending federal prosecution for his attempt to overturn the results of the 2020 presidential election. Trump's angry mob showed their determination to "stop the steal" on January 6th by carrying upside-down American flags.

Days later, Justice Samuel Alito's home was flying an upside-down American flag in what appeared to be solidarity with Trump's "stop the steal" efforts. There are now at least two Supreme Court justices who are disqualified from deciding January 6 cases: Alito and Clarence Thomas. Indeed, the federal law, 28 US Code section 455, requires a justice to disqualify himself from sitting in any proceeding in which his impartiality might reasonably be questioned. If the Supreme Court is to begin clawing back some of its legitimacy, Alito and Thomas must recuse themselves from ALL J6 cases.

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Justice Alito's Upside-Down American Flag Aligns Him with Trump's Insurrection

After about 14 hours of testimony, Donald Trump's former lawyer, fixer, and criminal associate Michael Cohen is done on cross-examination. The defense scored some points on cross but nothing that significantly undermines the mountain of corroborating evidence that prosecutors introduced to pre-corroborate Cohen.

Now the testimony turns to Cohen's re-direct examination by prosecutors. Glenn explains what to expect when the prosecutors question Cohen on re-direct.

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DA Fani Willis' Personal Relationship Will Have No Legal Impact on Trump's RICO Case

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