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Welcome to the journal editorial report, i am charles payne. The case rested. Without the former president taking the stand. Closing arguments set for tuesday after jurors spend the long Holiday Weekend at home. Here with a look at what to expect when the Court Reconvenes Next week is a former federal prosecutor, also former attorney ford donald trump. Jim, thank you for joining us. Monday morning quarterbacking in real time. The first thing everyone has debated is smart for trump not to take the stand or not. It was for a couple of reasons. Preliminary warnings by the judge as to what the fair scope of examination would be. They were told they would be allowed to crossexamine. I feel awfully collateral. Dont feel like the type of stuff we reflect on directly. Beyond that, the whole strategy in this case, charles, make it about the credibility. It is the only battlefi ....
of course not. he s stating a conclusion, a legal conclusion, but ignores facts. fact one, it s undeniable, you already played the tape, that he was aware of this payment. fact two is that you have corroboration as of yesterday that we knew about that the publication owner collaborated in order to hush up bad news before the election and it was about the election. so those are facts. now it s up to a jury to determine whether those payments were made right before the general election, motivated by protecting and hushing up and corrupting the election or whether it was for another reason. but president trump doesn t seem to understand, or he doesn t care the difference between facts and spin. and in this case, he s ignoring the facts. in addition to the two pieces of information you just laid out, does michael cohen have additional proof or additional evidence that the president did direct him to break the law? well, he has the tape. ....
Separate crime. the elements of that do not require you to show that the underlying crime was committed or that you could prove the underlying crime. the most prototypical worst case of obstruction is one where you could prove that because of the obstruction, because of the destruction of documents or the hushing up of a witness or intimidation of someone not to come forward, for that reason that obstruction is the thing that causes you not to be able to charge the underlying serious crime. in that case everyone would understand why an obstruction case would be important and resonate with people because it showed that there was a real thing that was obstructed. even though you couldn t bring the underlying crime, but for the obstruction maybe you could have. i think the president is making a political argument saying even at the end of the day if you can t show that the obstruction is what caused the underlying crime not to be charge but if there was no underlying crime to begin with, ....
If i were the subject of the investigation, that s what i d be arguing in court. the whole thing is the fruit of the poisonous treat. that argument is already on the table with the nexts, the lying to the fisa court, withholding evidence from the fisa court, with regard to the hushing up of some of the investigations, the weird way the hillary clinton investigation on the e-mail, the clinton foundation which is ripe with criminal conduct and brushed under the carpet. a lot of it s all the same people. the same three or four people at the heart of this so far. so all of that, if i were a defendant, i d be absolutely jumping up and down an raising those issues already regardless of the criminal investigation. remember one thing. it s very important to distinguish between ethical violations, which is what the opr looks at and criminal conduct. again, let s not slip from unethical conduct or bad conduct into crimes. ....
Investigation, that s what i d be arguing in court. the whole thing is the fruit of the poisonous treat. that argument is already on the table with the nexts, the lying to the fisa court, withholding evidence from the fisa court, with regard to the hushing up of some of the investigations, the weird way the hillary clinton investigation on the e-mail, the clinton foundation which is ripe with criminal conduct and brushed under the carpet. a lot of it s all the same people. the same three or four people at the heart of this so far. so all of that, if i were a defendant, i d be absolutely jumping up and down an raising those issues already regardless of the criminal investigation. remember one thing. it s very important to distinguish between ethical violations, which is what the opr looks at and criminal conduct. again, let s not slip from unethical conduct or bad conduct into crimes. we have to know what crime it is ....