Fox News legal editor Kerri Kupec Urbahn joins ‘Fox & Friends’ to explain the charges in former President Trump’s hush money trial and the problems with using Michael Cohen as a key witness. #FoxNeews

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Let's bring in Carrie cek Urban so uh Carrie I guess the big question is what Is the charge like what is it that the Former president is been Char what's the Crime that he committed well technically According to the DA he's being charged With falsifying business records except There's one problem the statute of Limitations has ran out on that so in Order to revive that case he has somehow Manufactured these very low-level Misdemeanor charges into felonies by Saying well he falsified those records Into conceal and underly crime the Problem is no one really understands What the underlying crime is because It's not in the indictment and brag only Talked about it afterwards in a press Conference and said vaguely that he had Violated state and federal election laws So so let me get this straight we're Going into a trial and his team doesn't Even know how to argue this case because They don't know the details right and That's one of the most troubling aspects Of this case not just because it's Donald Trump just because you know in America we're supposed to have a free And fair justice system and one of the Critical components of that is to know What you're being charged with the the Accused has the right to know what They're being accused of right that's a Hallmark of the sixth amendment in the

Constitution something we're all Guaranteed to have and so the fact that Brag only talked about it after the fact In a press conference and and to look at It you say okay well if he's concealing A crime and it involves state and Federal election law how could they do That unless somehow brag is converting The hush money payments into basically Campaign contributions to himself like Donald Trump contributed to himself and Then didn't report it as such so Charlie's laughing because it is it's Ridiculous so so it it is a it's we're Talking about a paperwork violation here In the worst case uh if he's guilty of It and uh he's looking at jail time There's no victim right it's a would be A victimless uh uh um paperwork yeah um But so so what is the like what is the Appeal process I mean you as a as a non- Lawyer looking at this I just assume Okay well the whole thing is just this Whole thing really is rigged um H how Does it what does the appeal process Look like well if the jury returns a Sentence where they convict him in some Way of you know of these crimes then he Would appeal that but you know at this Point and I mean this very sincerely I Am convinced that the New York justice System is determined to crush Donald Trump and they'll do whatever it takes Including abusing the law we've already

Seen them do it once with the Leticia James case so they're crushing him Financially there and now it appears They're attemp to remove him altogether From public Life by bro dropping these Misdemeanors to felonies which carry Jail time four years by the way up to Four years per charge so do the math 34 Time 4 and the judge will sentence him Right do you expect how long do you Expect this trial to go and do you think That the judge if he's found guilty will Throw him in prison you know altogether About six to eight weeks we could see This wrap by Memorial Day so you were Looking potentially at that week before Memorial Day with the case the closing Arguments being presented to a jury the Jury returning a verdict and then if you Know they convict him the appeals Process would play out at that point one Of the key Witnesses would be Michael Cohen he's got some issues but we know a Lot of times Witnesses are devastating Uh like Sammy the bull for example uh Killed a bunch of people but he was used As a government witness here's Michael Cohen's problem and it's Michael Cohen I will be in DC and in New York uh Anywhere Mr Trump necessary I'll be There I did not want to go to the White House I was offered jobs not only is Donald Trump not a racist he believes That all people are part of One race the

Human race I know what Mr Trump Is he is a Racist he is a con man and he is a cheap The words the media should be using to Describe Mr Trump are Generous Compassionate principled Empathetic kind humble honest And genuine he is capable of Behaving Kindly but he is not kind he is capable Of committing acts of generosity but he Is not generous he is capable of being Loyal but he is fundamentally Disloyal so obviously Michael Cohen then He goes to jail he comes out and he he Writes a book and now he wants to make Sure that Donald Trump pays the price so In the big picture when you talk about Election interference they're trying to Say that if we that voters in 2016 knew About Stormy Daniels and Karen McDougall They never would have put Trump in the White House in 2016 they're going to try To prove do they have to go to prove That well to some extent but again it Has to do with you know concealing the Crime but again what is the crime you'd Have to reconstruct a hush payment into Some kind of uh campaign payment or a Way to you know promote yourself as a Candidate to even do that so I'm just I Don't even understand as a threshold Matter how they plan to do that but you Know Michael

Has lied let's talk about this for a Second to the court to Congress and to The media these are all known things This is their star witness the entire Case hinges on this guy and I think What's particularly unfair is if the Judge in this case is concerned about The appearance of impartiality which he Should be it's not just about getting The decision right judges need to care About the appearance of fairness then That gag order should not just be Slapped against Trump if he thinks that Even needs to happen which is a whole Separate issue but also Michael Cohen Because here's why when Michael Cohen Goes on TV and does these media Interviews there's no penalty of perjury So there are no consequences he I mean He would know better than anyone what Penalty of perjury is like having been Convicted of that before right but he Can go on TV he can go on MSNBC he can Do all of these shows with no Consequence and can say whatever he want Whether it's true or not Carrie real Quickly before we let you go did the Judge have the ability because we've Been talking about the legal case right Here is there a law being broken did he Have the opportunity to throw this out Based on standing well he could have Thrown it out on a number of of grounds But one thing that I again I'm concerned

About and troubled by in this case is The judge could have taken a look at This indictment and said hey uh you got To take this back and you got to make This more particularized because it's Unclear to me what he actually did What's the underlying crime how are we At a felony stage when the statute of Limitations has run on you know the Misdemeanor part so he could have easily Sent that back to the lawyers and said Come back to me with something more Specific so that the defendant in this Case actually knows what's going on and The clock was not ticking during the Pandemic they put everything on hold the Statute limitations would have run out Yeah it it ran out during that time and And now you know his predecessor didn't Bring the case at the time now is said In subsequent interviews well it's Because the pandemic and sdny told me to Stand down but everyone now after the Fact is explaining why they didn't Actually do it at the time right Unbelievable hey K you only need one you Only need one that's right that's right That's right thanks K I'm Steve duy I'm Brian kilme and I'm Angley aart and Click here to subscribe to the Fox News YouTube page to catch our hottest Interviews and most compelling analysis