A PROBLEM FOR GENERATIONS: Trump attorney warns of ‘new’ form of prosecution

A PROBLEM FOR GENERATIONS: Trump attorney warns of 'new' form of prosecution

James Trusty, attorney for former President Donald Trump, discusses pending criminal charges from Manhattan DA Alvin Bragg and what these charges mean for the U.S. justice system. #FoxNews

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Joining us now Jim trustee he represents Former president Trump in the Mar-A-Lago Classified documents investigation the Federal one Jim welcome to Fox News Sunday Hey Shannon so let's start here a lot Has been made about the fact that this Is quote-unquote a political prosecution But as Brian points out we haven't seen The indictment I mean their chances when Tuesday comes there's more to this case Than we know no It's conceivable I mean look think about The the grand perspective we have here We're talking about what should be a Sealed indictment which is completely Consistent with how Donald Trump is Treated differently than any citizen in This country and before we get two Procedural Shannon you know the starting Point is we should never have Prosecutors acting out on political Promises to Target people we're supposed To have prosecutors I mean I was a Prosecutor for 27 years and we were Supposed to be judicious when we got Started figure out where does the Evidence lead follow the rule of law and Instead we have people announcing if you Elect me I'll indict Donald Trump so It's no real surprise that when you have People breaking the ethics of Prosecution for political persecution That they're going to have suspect

Indictments their motivations are Suspect their willingness to to listen To a witness like Michael Cohen makes Them suspect and in this case it seems Like what what we're guessing the Indictment will look like is that it'll Have legal frailties that will be Subjected to a very legitimate motion to Dismiss early on so this is not the only One out there there is the impending Potential special grand jury Georgia Situation the federal investigations With the special counsel you're working On that now that there has been this Historic change do you feel like other Prosecutors will be more willing to come Forward and die you know the president Former president because they won't be The first ones I mean that seal has been Broken Yeah it's hard to know I mean look I Think most of the American public Whether you're a lawyer whether you're a Donald Trump fan or not a lot of people Are recognizing the blatant persecution Angle that's being pursued here so you Know I'm not going to crawl inside the Heads of of DA's in Georgia who have Similarly announced that they want to Indict president Trump or a doj led by An attorney general who had Unprecedented press conferences to Celebrate his raid on Mar-A-Lago Something I've never seen from any

Prosecutor state federal or local in 35 Years so it's hard to creep into their Minds and figure it out but there is a Commonality here which is that they are Pushing the envelope legally because They've decided to Target a man and try To put charges on them rather than Actually follow evidence and begin Judiciously as prosecutors like your Ethics tell you to do president has had Quite a bit to say including this post From Friday I'll read in part talking About the judge overseeing this case he Says the judge assigned to my Witch Hunt Case a case that has never been charged Before hates me a lot of that's in all Caps he goes on to say that's the same Person who railroaded my 75 year old Former CFO Alan weisselberg to take a Plea deal he strong-armed Allen which a Judge is not allowed to do and treated My companies which didn't plead Viciously appealing So a couple things to break down there First of all um I'm an attorney if my Client posted that and was facing that Judge wouldn't make my job any easier Does it worry you Well look the president's a big believer In free speech as you know he's got Strong opinions I think he's very Frustrated for some of his very loyal Employees being caught up in the Machinery of a persecution and so he

Feels strongly about it but look I've Never had a case in front of this judge I certainly Reserve judgment I think We're in a position where a fair-minded Judge never mind getting to a jury and Changes a venue and some of the issues There I think a fair-minded judge is Likely to recognize there's something Fundamentally wrong that we're Crossing The Rubicon with this political Persecution and thankfully I suspect the Indictment is going to be legally frail And there'll be an opportunity for a Judge to do the right thing you know we Wish prosecutors would do the right Thing but the judges are kind of the Backstop on that so my hope is that Despite kind of the hysterics of the Moment despite some emotionality and Frustration the president certainly Deserves to feel that this judge will do The right thing when he's faced with Significant legal motions okay okay so You are going you're talking about Things like motions to dismiss there are Other ways this thing maybe never gets To trial if you do get to trial would You ask for a bench trial for folks at Home that is essentially letting the Judge decide this case instead of going To a jury what do you think is the Better route for the president Yeah I mean way too early for that There's certainly some legal obstacles

That we expect that there will be a Problem uh for this prosecution if it Gets that far but you know I think it's Early to figure that out I mean God Knows anybody that's ever even watched a Legal show would like the opportunity to Cross-examine Michael Cohen you know the Grand jury in this case probably should Have issued one indictment and that Would be for Cohen perjuring himself Once again in front of the grand jury if You track what Bob Costello had to say As a lawyer afterwards so you know I Think the the opportunity to expose the Underpinnings of this prosecution and The Frailty of their Witnesses uh is is A golden opportunity for anybody in Terms of cross-examination and showing The case really letting the truth come Out and right now the truth is not any Anywhere close to coming out in terms of How this thing came together or why yeah Michael Cohen has told several different Versions of the story but in this case It was enough if we think we know what We know about this indictment that it Convinced enough Grand jurors to vote Yes to make this case proceed forward if You do get to trial in any of these Cases if there's an indictment in Georgia or on the federal cases would You put president Trump on the stand I've got to imagine he's going to want To get up there and defend himself

Well you know we're we're light years Away from that and hopefully it's an Academic question frankly but let me Just say this you know that we always Talk about the president's strong Personality his resilience which is Amazing to me I mean if I were him I Would have retreated to golf a long time Ago but you know at the end of the day He's frustrated for the country and I Think that's starting to kind of creep Out and resonate he's worried that he is Literally the first person subjected to This new model of upside down justice of Political persecution and you know it it Is you let the genie out of the bottle With this new mode of prosecution it's Not going to go back by itself it's Going to be a problem for generations And I think he's very aware of that very Concerned and certainly has a strong Voice opposing it but you know we're a Long way off before we start talking About legal tactics at trial well given That he is a big proponent of the First Amendment and enjoys expressing himself If there were a gag order in any of These cases do you think he'd comply I think he'd comply but I also don't Think it's going to happen I mean you're Talking about you know one of the Reasons he's being politically Persecuted is he's running for president Against somebody who who unleashes doj

Against him during the election season So I think it would be very difficult For a judge to impose a gag order on a Person running for president you talk About having a profound effect on this Country a gag order would do just that Well we'll wait and see what comes of The indictment on Tuesday Jim trustee Thank you very much for your time Sure good to see you soon

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