What is part of the the employee would post good isnt the deepest view of us in that in the word part . Is it something deeper, more complex, might the present good . Lets stop without cases. Lets go to the product. As the fire body. So this is a, this is the daily show that youve come to know thats very different because we call no punches. So look for truth number one, for the 1st time ever a u. S. President is being tried on criminal charges. It has begun. Truth. Bob, number 2 is mr. Trump corrupt a serious criminal charge or just a business man protecting his brand misdemeanor. Well explain both trip. Um number 3. Can mr. Trump end up in jail . What are the odds were going to tell you, im rick sanchez. This is direct impact the. All right, so this is the day to do this story because its on the somewhat seating Corruption Case against donald trump is on. And the opening arguments have been delivered. According to the prosecutor representing the state of new york, bringing charges against mr. Trump. He is a man who seemed to quote, corrupt the 2016 election by silencing people who would have heard his chances of winning. According to, by the way, the state of new york with mister trump dead was quoting again, election, fraud, pure and simple. Those are the words that were honored by the opening arguments or during the opening arguments. By the past years was the words mister trucks, lawyers though, had different words. They tell a very different story. They say, this is the fraud, and what the former president did had nothing to do with the election. Defense attorney todd blanche seems to admit that mr. Trump did pay off the controversial porn star. But he says it wasnt broad. As you said, it was a fraud and it had nothing to do with the election. He says it was simply done to quoting here, proud tact, his family, his reputation, and his brand. And it was not a crime. So okay, heres what we should do since the thing is just starting, i kind of want to give you a, a setup, right . This is non political, heres whats gonna happen in the trial, right . So lets, lets go to the, some of the players. These are the players where you will hear about what youre not going to see them, at least not testifying because the case is not going to be televised. And there will be no cameras in the court room front and center, the former president who becomes the 1st ever to face a criminal trial in the countrys history. All right, Baseball Card number to spell me daniels. Yes. She really is a pornographic movie star whose real name is stephanie, covered and did apparently have an encounter with mr. Trump. Michael cohen. He was mr. Trumps lawyer who actually paid a hush money to miss daniels and was then repaid by mr. Trump collins or jail time for the incident and now will testify against trump, who he says should also go to jail just like you to a, a caras mcdougall. She is a former playboy model who is said to also have had an affair with mr. Trump. And then agreed to sell her story for a 150000. 00 about it. However, a magazine who bought it, buried it instead. The story that is not her, david packer. Hm. Interesting name. Huh. He is the publisher of the magazine. Who paid mcdougal . Prosecutors argue he was mr. Trumps associate, and would often do this to silence his critics. Do what . Well, its called, catch, and kill. Pay for the exclusive rights to a story and then kill it. Instead of doing it. Fucker is also a witness in the case. So there you have a some of the big players that we know of right now. Others possibly could be introduced aside from the prosecutors and Defense Attorneys. Those are the people who are going to be really making up this drama. Right . But what about the drama itself . What for example, does the state of new york have to prove right about donald trump . Thats a very good question. They need to prove that what mr. Trump did wasnt just to pay off. Thats not enough by itself to show that he committed a felony to have to go beyond that. They also cant just say that mr. Trump lied when he had mr. Cohen paid daniels on his behalf. Because that just by itself would only be a misdemeanor, not a felony. So not really that big of a deal. So what does the state have to prove to convict mr. Trump of a more serious crime, a felony. And they have to prove that he did all of this as part of another underlying crime. So the payoff itself is not enough. He had to have done it for another reason, a more serious crime, an underlying crime. Thats the term that used underlying now they must prove, for example, that the money was spent to improve his chances of winning the election. If they can do that, they can say the only way the new pay this off is because you didnt want voters to know about what you did right. Then they could say that it wasnt just a payment to avoid embarrassment or so his wife didnt find out what he had done with the affair and all that stuff. But that he wasnt stead influencing the election within the li, the Campaign Finance payment. Thats their argument, but they say theyre going to be able to prove, or if that becomes the underlying crime, that he was actually making a Campaign Finance payment. Then the case becomes a felony. So thats what, thats what they have to do, not just show that he did it, but why he did it. So what about mr. Trumps lawyers . What, what do they need to do . What do they have to show in this case . Not a good question. Heres lawyers need to portray the daniels pay off as a private matter then the charges against him as nothing more than a technical bookkeeping violation. Oh, i was suppose to put it in the ledger as i paid here, but it actually went down as i paid over there. People make mistakes when it comes to bookkeeping all the time. Thats what theyre going to argue. By the way, that would not be substantial enough toward a criminal charge against the former president. And they also need to try and show that prosecutors are overreach. You need to tell the jury these guys are come on. This isnt that big a deal and theyre trying to make the case bigger than it is thats, thats kind of like their job. Thats what youre going to be here. And that, linking this case, right, theyre going to say youre trying to link this case to federal election law. So those 2 things have nothing to do with each other. Theyre gonna say that thats kind of a weird approach. That would test the interaction of the laws at the state and at the federal levels. Because remember, Campaign Finance is a federal matter. Its about a state matter. Hes being charged in a state court. Did you follow that . And heres another question. This is important. So the question is probably the one that is most asked, can mr. Trump actually go to jail if hes found guilty, is going to be going to jail . Actually, the chances of that happening are slim. Even if mr. Trump is convicted, hes unlikely to face any present time. Why . Because even at the felony level falsified business records, garys a sentence of up to 4 years in prison. But 1st time offenders particularly a non violent cases, what they often get is probation. And finally, if mr. Trump is found guilty. Can you still run for president . Yes, absolutely. There is nothing in the constitution that prohibits them from doing so. However, there is a button here kind of a big, but there are some states that might then argue that they have the right to take him off the ballot based on what their state constitution say about a convicted felon running for office. Thats where this thing could possibly get confusing. So here we go. Lets discuss it further because theres still, i know a lot of questions that a lot going on and theres dabbles are, hes a writer, hes a journalist and an expert on the Us Constitution and hes good enough to join us right now. Maybe we start with that last part, the part where trumps attorneys are going to say to the jury look um yeah, he may have done something which could have been a crime because he somehow made a pay off and he had his attorney do it. And he didnt do it, but that he paid his attorney. So that was deceptive. However, you cant put that together with any Campaign Finance laws because thats a bridge too far. Is that an important point that you think theyre going to stress . Right . Oh yeah, totally important. I mean, i think the, uh, i think the, the case is a real stretch. I mean, tying what is uh at that, thats the kind of a, uh, a, uh, an accounting fudge and a misdemeanor that tying it to a violation of federal election loss strikes me as just about the biggest stretches. I can imagine especially because federal prosecutors themselves exec m a, so decided to pass on it. There wasnt enough there. But uh, albert bag ran for d. A on a. I get trump platform. So this Campaign Promise fulfilled. Hes come out of the club club with some. This is the best he can do and therefore hes going forward. But let me, let me quibble with you there on that a little bit. I hear republicans make that argument all the time. All theyre just bringing this case because its trump, were one of those people every time a 17 year old black kid in the hood gets his life ruined by smoking a marijuana cigarette. Where were they . Every time we see injustice put upon some american doesnt have enough money to pay for lawyers. I mean, all of a sudden the, we just discovered that the judicial system in this country often times is not blind. And were only going to bring it up in this case. Right. Oh, yeah, totally. I mean, i mean, i completely agree. I mean, anybody whos ever sat through a trial in the Manhattan Court room, uh, you know, knows that this is a highly uncertain business and a lot of stuff goes wrong. Yeah. And a lot of ordinary people, wind up getting screwed up, screwed royally. And uh, shes not going to send that and hopefully prosecute to your point is subjective. Its subjective across the board, not just in this case. You know, its subjective. Its also regressive because the 17 year old kid smoking a joint, youll only goes to jail if hes black and poor. Believe me. If hes a prep School Student with a, a lawyer, dad, and a mom sobbing hysterically at his side, he does not go to jail. He never goes to jail, may be goes to, you know, to the court mandated, you know, some kind of therapy program, but thats it. I mean, theyll still be able to apply it. So you know, for admission to yells and thats this the following year. Uh so yeah, this is, this is comple whitley redress completely filed up. There are so many, so many, so many abuses that go on. But the fact that there are abuses doesnt mean that its okay to abuse. You know, donald trump, in this instance, i mean, i dont like donald trump, but certainly this whole case that you know is completely bonkers. What do you make . What do you make up, dan of . I think one of the most fascinating parts of this, and of course, is matters to me because im a journalist and that never heard about this until it became public. As i started reading about this cage, this, this whole catch in to say where some people have so much money. Um, you know, to be able to pay a 100150000 dollars, 200000 dollars every time somebody has something on you. And you have a guy who is a publisher for a magazine, and i tell him, hey, go give this guy money on the story, but dont do the story. Thereby, we killed the story. Thats, that whole thing is really fascinating. What do you think of it . Had you heard of it before and what impact might it have on the jury . I actually, i had not heard of it before, but have you heard a lot of what the National Inquire . Yeah, this is the, this, the magazine that, uh, you know, about, uh, housewives, new hampshire. Were having our sex with space. Aliens, you know, uh, this has been their, their, their, their money maker. Uh so you know, so im not surprised that goes this far, but i love it. Itd be fair to be fair. I mean, trump is a guy is running for president is hes got a checkered past. Hes a big business man, hes glamorous, you know, hes been on page to the comes, know countless times. Page 6 in your post, i mean countless times so. So from, from the point of view, a lot of people are kind of comes, are coming out of the, what work with stories to tell. And they want to be, you know, they want to be paid off. You know, whether its the know this, the, the building inspector or who claims that from the slip or something or bry bore the playboy center falls, who claims that she slip with trump, etc. Everybody is got a reason. Everybodys got a, got a, a, a motive to, to, to pick him up from money. So therefore, it seems that his organization, you know, ran an operation in which they tried just to stop these people before they could make trouble. Going to the final weeks. The campaign and trump had enough problems with you know, what that uh, that same is, you know, access Hollywood Tape which you know, tied him up for, for weeks. The last thing you needed was in late october to have Stormy Daniels come forth with some kind of salacious 6 tail. Uh so yeah. So you know, the patch until uh makes a certain amount of sense and that contact button. But again, uh, let me push back on you. Why pay if you didnt do it . If you didnt do it, if you didnt sleep with a porn star or a playboy bunny, and if you didnt have your best friend give her a 150000 dollars to automatically claim to do the story and then kill it. If you had nothing to do with any of that stuff, why dont you just had nothing to do with this them . I dont know what your people are even talking about and walk away yet, but yeah, thats that. Thats really, thats really the admirable thing to do. We are quite right, but anyhow, but, but the, but the fact is, what do you, what does the, all the old line uh, you know, a lie is around the block before a tooth even puts its, uh, its, its boots on. Yeah. I mean, the navigation like that cuz how i stuff up are good sized stuff up for, you know, for weeks the press would want to talk to tom, but nothing else. You know, the Trump Campaign would been, you know, halted in his tracks as the press focused on the stormy dan daniels and go and i wouldnt really heard of, or conceivably might have heard him. Lets talk so therefore, you know, therefore hes as long as you want me to stop it. Im going to take a break. And when i come back, i want to ask you about this whole underlying crime thing because the seems to be right at the crypts of this, of this whole matter that the prosecution has to be able to prove. How important is it . Wheres that, wheres it come from in the constitution . And how likely is it that it will be the difference maker in this case, were going to talk about that with them. Is our stay right . There will be our truck, the russian states never as one of the most sense Community Best ill send, send up the speed. The one else calls question about this, even though we will then in the european union, the kremlin machine, the state on the russians cruising and split the ortiz full neck, even our video agency, roughly all the band on youtube, the Tenant Services for the question, did you say they requested a the oh no one shows the wrong just to save house because of the application and engagement equals the trails. When so many find themselves will support. We choose to look for Common Ground, the the, the monday comic sanchez, and this is a direct impact and im talking to dallas are about the donald trump case. Were talking about the donald trump case because its finally begun. Weve heard so much about an actual criminal case and theres been so Many Political opinions, one way or another on this case. And i think what were trying to get to here is, what are the facts . How strong is the case or how weak is the case it . And what we know right now is that what the prosecution has to do to try and find donald trump guilty is a bit of a novel argument that they have to create. They have to not only prove that he did this, which by the way it seems like the defense is stipulating. He did it, you know, theyre not going to go in there and say, now he never had a relationship or Stormy Daniels or this other woman mcdougal. What theyre saying is, what the hell does that have to do with him being charged with a felony in this case . Because, you know, he didnt want his wife to find out, or he was embarrassed, or you wanted to predict this room, what they have to approve the prosecutors. And as weve discussed, is that it was more than that. What it was actually try to do was try and make sure the American People didnt find out about these things. And by trying to make sure the American People didnt find out about this, he was interfering in the campaign because he paid over a 100000. 00 in both cases. And theyre going to say, well, those werent really pay off. They were kind of Campaign Finance payments, and thats what they have to be able to show. Its a bit of a sticky wicket as dan has been telling us, but its a really important part of this case. Then im wondering, where were you surprised when you 1st started reading about this case and you read that . Thats the avenue that they were going to take. And what did you think of it when you 1st heard about it . And what do you think of it now . Its all right, so i was very surprised. I mean, it was, i saw it was a real stretch then i think the same thing now. And you know, by the way, um, uh let me just correct you on one on one of course of course not admitted to having a sexual relationship with uh, with Stormy Daniels. Uh, everyone assumes he did, but uh, but he actually has not admitted to that. And so uh well let me, let me just let me let, let me, let me just add a what, let me just add something to that during opening arguments that i read carefully last night. There was no indication by his attorneys that they were going to argue that point and youre right, that doesnt mean theyre saying he did. Theyre just also not saying he didnt for what it matters. Right. So from his point of view, some woman comes out with a story that is believable, although its, this is not true. And therefore in order to so you know, to make sure everything goes, goes smoothly in the final weeks of the campaign, these pacer some money. Tell us or be quiet and go away and so hope and if yours, which is donald trump is you couldnt, you know, can past out, you know, some, some big bills pretty freely. So thats what he maintains. He did. So hes, they said it wasnt, he wasnt trying to cover up. He wasnt trying to lie. He was simply trying to prevent somebody from going public with a salacious, but full story. But so, but hes a politician. So who cares . Who cares what he says, dan, come on. This is a court of law. Its not about whats on politicians. That on the stop, of course, anything a politician says on the stop, im not gonna believe i dont care of its joe biden, or either my, well, im not gonna say mother theresa, but no matter who they are, the, what matters is, what are their lawyers going to say when they get into the court room, thats what matters now. Yeah, sure. So it matters. Yeah. And the of, of the question is, you know, is this a, the question is of overreach . The question is, of a desperate prosecutor that desperate d. A, you know, trying to, uh, to advances political career by, by nailing donald trump, who was about as a, as better as popular manhattan as a typhoid mary. And send him to prison. Dave. And thereby, and, you know, add, you know, ernest stripes. I so lets clearly whats going on here. I mean, i just, this is the, this is not how the system should be used. Do you think that he is capable where the system is capable of delivering him a fair trial in a place like new york, where as you say, he is very much loved. Um yeah. You know, i, well, ive sat on juries, ive been, ive been the, ive been non lucky enough to have chosen furniture. Yeah. And i was once actually locked away in a hotel for 3 days. I deliberated some case and uh, and juries goes to visit a very intense experience and enters, you know, they do do their best. They try to figure stuff out. They go over a fine point to the law. They, they know they scratch their heads and, and argue with one another. And so, yeah, i think a jury is capable of deliberate deliberating in a fair way. Uh and uh, in, in this case i think that uh, that merch on the judge is capable of um, ruling and i honest and fair way i, i, im not very then suspicious of the gag orders. Uh, i think that uh, that merchants, uh, political ties are sort of very strange in this case. Uh, but i think this whole case is really strange. So, uh, so i dont blame trump for uh, you know, for wanting to point to all these things out. Do you think in this case that i of the jury will be able to come up with something where let me rephrase this question. What does the, what do the Defense Attorneys have to be able to make them understand so that they come back with a not guilty verdict . What does the most important thing you think they need to do . Transits or so i think the question of the stretch is, i mean, i think the idea that you know that hes, he paid this money in order to out and that this, this payment amount into a violation of federal election laws. That is the big question. Thats the big hurdle. The prosecution has got to overcome. And that is know that is the, the, the, the, the barrier behind which the, the Defense Attorneys will high. Does it take pot shots of the das us now, but by the way i do i, i do have a bit of a concern and that i have been watching many of trumps attorneys in the past. And these cases and they have not held a well, not all of them, but theres been a few that ive made that i wondered why he hired them. Do you know anything about these guys that hes using this time . Are they, are they, uh, credible not really. No, i dont. Yeah. I mean either im, i, i worried i have no idea. Yeah. And then did you see, you know, where im coming from though . I mean, you know, yeah, yeah, yeah. I mean i, i think that the question is whether its from, comes from side defense. Can, you know, can we really bond adequately quickly and expertly enough to this case. But i think that they really have uh, they have to have good material to work with. And remember, all you have to do is just plan a reasonable doubt exam one of 12 jurors. And if you do that, then uh then you one, the one i did reply, let my dog mean joe, is there over wishing this poor man . Yeah, he did something wrong, but come on, this is too much and theyre doing it because he was the president and etc, etc. Dan, of great conversation. I enjoyed it as usual. And lets see how this thing goes. I mean i, i think weve kind of set the table for people now. We just kind of let the process uh, do courses. They say thank you my friend for joining us. Yeah. But always a pleasure. Thank you so much. Always a pleasure to talk to them before we go. I want to remind you of our mission here. Something really the side of the world to stop living in little boxes where we think its only our box that matters truths. Dont live in boxes. Truths are everywhere. How much sanchez, i thought we see it and ill be looking for you again here on direct impact the all the same wrong. Just dont have to shape out the application and engagement because the trails when so many find themselves worlds of parts, we choose to look so Common Ground the i think it will have chevy and it shows the fishing unix begonia fit the stopper wont even go in and look when we have a couple days, appreciate it. But if you knew josh, but then you would just give them a long shot. The love of selling. So got you for me just so that way you know, give them some good news just a little bit slow. So i know control is the sensor only is a visual, im not losing it, but i do have to make sure that people come the middle of it. So its frustrated with as much. Its gonna get the show you a different level may assist you more and when you do it, im getting anxious and which the trouble you can throw in the lets just sponsor, excuse me, just go out. I dont know if it was a go or you dont wish to just go in and put in the see a good thing is done with this. I can see it on this was was self employed. So sort of all the, the thought so is this out almost 300. 00 and big gym is as conveyed from a mass grave outside of gauze as nuts. That hospital in the south of the tires. The also the i am with the area also have the size of the us eyes highlights of scientists and the supply. If the great artsy islands found a 2 weapons of being seized on, destroyed on the battlefield of the frontier and try some money to do with the drawer of his suit from these. Yeah