The SMARTEST Lawyer Explains Trump's Indictment & What Trump NEEDS To Do? Will He Listen? Viva Frei

The SMARTEST Lawyer Explains Trump's Indictment & What Trump NEEDS To Do? Will He Listen? Viva Frei

Indictment of a Former President

In this section, the speaker discusses the recent indictment of a former president and its implications.

Implications of the Indictment

  • The indictment of a former president is historically unprecedented and constitutionally raises questions about the limits on state prosecutors or federal prosecutors.
  • The Rubicon has been crossed with this indictment, and it is unclear how they found a crime to charge him with.
  • This event could prevent meaningful elections if local prosecutors can remove their leading party opponent for the presidency through criminal power prosecutor power.

Geopolitical Fallout from the Indictment

In this section, the speaker discusses the geopolitical fallout from the recent indictment.

Geopolitical Fallout

  • The speaker will be discussing geopolitical fallout from this event with Duran at 2 p.m Eastern on Friday.
  • The movie that won best documentary was about Navalny who was never a leading candidate for anything but won under the pretext that it was terrible that he was ever indicted even though he was not a former prime minister never a leading candidate to be former to be prime minister uh or to be president in Russia uh and yet we condemned and issued sanctions against Russia for that and now we're doing far worse.

Constitutional Limits on State Prosecutors

In this section, the speaker discusses constitutional limits on state prosecutors.

Constitutional Limits

  • It is an unresolved issue what are the limits on state prosecutors or federal prosecutors when it concerns either a former president current president or leading presidential candidate.
  • If local prosecutor can remove their leading party opponent for the presidency through criminal power prosecutor power, it effectively prevents meaningful elections and someone from exercising Presidential Power of duly elected.
  • The question is can a state just lock up the president United States the elected president uh it has always been assumed that the answer is no but this case will now test that.

Criminal Defense Team

In this section, the speaker discusses Trump's criminal defense team.

Trump's Criminal Defense Team

  • The speaker does not have confidence in Trump's current criminal defense team.
  • The speaker had an hour-long discussion with Alan Dershowitz on the Alex Jones Show about this case.

Trump's Defense Team and the Stormy Daniels Case

In this section, the speaker discusses Trump's defense team and their handling of the Stormy Daniels case. He also talks about potential charges against Trump and how they may be related to the case.

Trump's Defense Team

  • The speaker criticizes Trump's lead lawyer, who he describes as a "dumb loudmouth" with no experience in this type of case.
  • He suggests that Trump needs to improve the quality of his defense team quickly.
  • The speaker mentions that there has been no evidence that Trump's lawyer is actually representing him in this case.

Potential Charges Against Trump

  • The speaker mentions that an indictment has been announced but not yet released to the public.
  • He suggests that the charges may be related to business fraud, possibly connected to the Stormy Daniels matter.
  • However, he notes that some people have been misled into thinking that Trump is being charged with serious business fraud.

Arrest Proceedings and Concerns for President Trump

In this section, the speaker discusses potential arrest proceedings for President Trump and concerns about his safety during these proceedings.

Arrest Proceedings

  • The speaker wonders whether or not President Trump will be processed or put in jail if arrested.
  • He notes concerns within the New York Police Department about openly political arrest proceedings.
  • The speaker mentions negotiations made in a similar case involving Amy Cooper where there was no perp walk or visit to jail.

Concern for President Trump's Safety

  • The Secret Service will help negotiate the processing of President Trump's arrest to ensure his safety.
  • The speaker notes that there is no training for the Secret Service on this matter since it has never happened before.

Concerns about Impartiality of Judge and Misuse of Power

In this section, the speaker expresses concerns about the impartiality of the judge assigned to Trump's case. The judge has already expressed bias against Trump in previous proceedings, and it is highly unlikely that he can get an impartial judge or jury. The speaker also discusses the possibility of bail being misused by the judge to prevent Trump from traveling or limit his social media access.

Impartiality of Judge

  • The judge assigned to Trump's case has already expressed bias against him in previous proceedings.
  • It is highly unlikely that he can get an impartial judge or jury due to the political power being on the Democratic anti-Trump side in Manhattan.
  • The New York Judiciary is failing its test of impartiality as the process is supposed to ensure a randomly assigned judge, which may have been manipulated by the prosecutor.

Misuse of Bail

  • There are constitutional restraints on bail, and it would be an unconstitutional abuse of power if this judge tries to weaponize bail.
  • New York notoriously has liberal bail rules that are supposed to promote early release and quick release, not detention.
  • It would be an egregious abuse of power if this judge tries to use bail to prevent Trump's travel, lock him up, require a massive cash bail, seize funds and assets, limit his social media access or issue a gag order.

Gag Orders and First Amendment Violations

In this section, the speaker discusses gag orders and their unconstitutionality in criminal contexts. He anticipates that there may be efforts to restrict what Trump can say during his speech at Mar-A-Lago after the event.

Gag Orders

  • Generally speaking, gag orders in criminal contexts are unconstitutional whether applied to lawyers or defendants.
  • They have to be very narrowly tailored and show a compelling public interest.
  • If this judge attempts to issue a gag order, it will show his incapacity to be impartial and the political prejudice and prosecutorial tendencies of this prosecution.
  • It would be a First Amendment violation if there are efforts to restrict what Trump can say during his speech at Mar-A-Lago after the event.

State Charges and Pardons

In this section, the speaker discusses state charges against Trump and whether he could pardon himself for these charges if he ever becomes president.

State Charges

  • Any local prosecutor can derail or remove a president from office by bringing state charges against him.
  • This is part of the constitutional problem with these charges.
  • If any local prosecutor can prevent their political opponent from campaigning by merely charging them, then that would be a serious problem.
  • Trump couldn't pardon himself for these charges at any point.

Consequences of Allowing a Civil Suit to Proceed Against a President

This section discusses the consequences of allowing a civil suit to proceed against a president, using the Clinton versus Jones case as an example. The problems that were not fully addressed in that case are highlighted, and it is noted that this case poses those same problems.

Motion to Transfer Venue

  • A motion to transfer venue should be brought as soon as possible.
  • Detailed polling should be done to show that Manhattan is contaminated with so much Trump hatred that it is impossible to get an impartial verdict.
  • Moving the case Upstate or over to Staten Island would allow for an impartial jury.

Motions to Dismiss

  • Motions to dismiss could first be brought on statutory grounds, namely if the statute of limitations prohibits the charge.
  • Motions can also be brought on constitutional grounds if the statute can be so broadly interpreted that it could reach this conduct, depriving the president's fair notice and violating due process of law.
  • Non-disclosure agreements being considered hush money and criminalizing peaceful resolutions of disputes is discussed.
  • Additional grounds for dismissal include probable perjury before the grand jury and probable misinterpretation of the law.

Discovery

  • There may be motions for discovery as to what really took place.

Selective Prosecution Grounds

In this section, the speaker discusses the lack of factual and legal basis for indicting Trump. He argues that the prosecution is a violation of the First and 14th Amendment and constitutes selective prosecution.

Lack of Factual Basis

  • The prosecutor publicly stated he was going to indict Trump as part of his election platform.
  • No analogous case has ever been brought in the history of New York on these factual grounds.
  • There is no historical example of it being brought against a political opponent or former president on these grounds.

Violation of First and 14th Amendment

  • The prosecution is a violation of the First and 14th Amendment.
  • The prosecutor's intention to do a "berea-style" prosecution violates constitutional principles.

Selective Prosecution

  • Refusal by other prosecutors to prosecute both the New York DA's office and southern district of New York on grounds that it would be selective prosecution.
  • This case presents an opportunity for courts to re-examine selective prosecution laws.

Timing and Jury Selection

In this section, the speaker discusses timing, jury selection, and preparation for trial.

Timing

  • It is unlikely that the trial will be tried before we're right in the middle of elections.
  • If conscientious, court will postpone any trial until after elections.

Jury Selection

  • Meaningful inquiries into areas of prejudice and bias are important during jury selection.
  • Trump needs to have the best jury preparation, trial team, and selection team available.

Constitutional Law and Innocence

In this section, the speaker discusses Trump's constitutional law and innocence.

Constitutional Law

  • The prosecution violates constitutional principles in a law that is being over-applied.
  • The statute of limitations is not being applied to which he had fair notice right to be enforced.

Innocence

  • What they're going to describe is not a crime.
  • Settlement agreements are not a crime.
  • Non-disclosure agreements are not a crime.
  • Funding your own campaign is not a crime.

Factual Innocence

  • Trump is factually innocent because the only witness testifying against him is an admitted perjurer and fraudster.

Conclusion

In this section, the speaker concludes by discussing the opportunity for Americans to be educated about problems in our criminal justice process. He predicts that Donald Trump won't serve any jail time but that deep state complicit corrupt actors will suffer political and legal consequences down the road.

Opportunity for Education

  • This case presents an extraordinary opportunity for Americans to be educated about problems in our criminal justice process.

Prediction

  • Donald Trump won't serve any jail time.

Consequences

  • Deep state complicit corrupt actors will suffer political and legal consequences down the road.

Hush Hush Case in Chattanooga, Tennessee

Robert and Barnes discuss a similar case that took place in Chattanooga, Tennessee in 1967. The case is detailed and it didn't go the way everyone in power thought it would.

Comparison to Trump's Mugshot

  • Donald Trump's mugshot will join some famous mugshots including that of Martin Luther King Jr.
  • People who use a mugshot for political campaigns need to double-check American history.
  • There is reluctance about the comparison due to how it ended for Martin Luther King Jr.

New York State Prosecutor and Georgia Grand Jury

Robert and Barnes discuss the impact of the New York State prosecutor's case on Georgia grand jury cases.

Concerns with New York State Prosecutor's Case

  • The New York State prosecutor's case may serve as the basis for Georgia grand juries to indict on other charges.
  • This could be used as a pretext for further indictments by activists grand juries.
  • They resurrected this case because they had weakness in those other cases.
  • Mar-A-Lago case was falling apart because of Joe Biden's problems.
  • They chose New York because they have more political control over the courts and jurors.

Unlikelihood of Charges Being Brought in Other Cases

  • It is less likely rather than more likely that they bring charges in other cases than other places.
  • If some court says constitutionally you can't do this, all of a sudden now the New York courts are brought under great pressure.

Predictions on Trump's Legal Case

In this section, the speakers discuss their predictions on Trump's legal case and its potential impact on his political career.

Possible Reasons for Bringing the Case to New York

  • The speakers discuss the possibility of political pressure being a reason for bringing the case to New York.
  • They also suggest that indicting Trump could be a way to convince DeSantis to run in 2024.

Backlash Against Prosecution

  • The speakers note that public opinion polling shows a backlash against the prosecution, with almost half of Democrats opposing it and over 70% of independent voters saying it is about politics rather than law.
  • They argue that this is a major overreach by deep state-connected actors in the Democratic party to take out their leading political opponent.

Potential Consequences

  • The speakers warn that this prosecution will go down in shame in American legal history and be used against America globally moving forward.