1 00:00:03,200 --> 00:00:07,960 Speaker 1: This is Bloomberg Law with June Brussel from Bloomberg Radio. 2 00:00:09,440 --> 00:00:12,640 Speaker 1: So look, all I wanna do is this. I just 3 00:00:12,800 --> 00:00:20,919 Speaker 1: want to find uh thousand seven votes, which is one 4 00:00:20,920 --> 00:00:24,759 Speaker 1: more that we have because we won the state. The 5 00:00:24,840 --> 00:00:28,160 Speaker 1: phone call between former President Donald Trump and the Georgia 6 00:00:28,280 --> 00:00:32,320 Speaker 1: Secretary of State Brad Rathinsburger seems to be the centerpiece 7 00:00:32,320 --> 00:00:35,879 Speaker 1: of the criminal investigation in Georgia into whether Trump and 8 00:00:35,960 --> 00:00:39,840 Speaker 1: others broke the lawn by trying to pressure state officials 9 00:00:40,000 --> 00:00:43,960 Speaker 1: into throwing out Joe Biden's presidential election victory. And now 10 00:00:44,040 --> 00:00:47,680 Speaker 1: Fulton County District Attorney Fannie Willis has gotten the courts 11 00:00:47,720 --> 00:00:51,280 Speaker 1: permission to convene a special grand jury in the investigation, 12 00:00:51,800 --> 00:00:54,920 Speaker 1: joining me as former federal Prosecutor Robert Mintz, a partner 13 00:00:55,000 --> 00:00:59,160 Speaker 1: McCarter and English Bob. Why did the prosecutor request a 14 00:00:59,240 --> 00:01:03,280 Speaker 1: special grand The Fulton County District Attorney made that request 15 00:01:03,320 --> 00:01:07,120 Speaker 1: because she said that key witnesses and the investigation, including 16 00:01:07,200 --> 00:01:11,000 Speaker 1: for example, the Georgia's Secretary of State, would not cooperate 17 00:01:11,040 --> 00:01:14,600 Speaker 1: without being subpoena to testify. So the special grand jury 18 00:01:14,680 --> 00:01:18,560 Speaker 1: was created to give her the power to bring these 19 00:01:18,600 --> 00:01:23,080 Speaker 1: individuals before the grand jury. Interestingly, the special grand Jury 20 00:01:23,240 --> 00:01:25,959 Speaker 1: gives her the power to have a grand jury whose 21 00:01:25,959 --> 00:01:29,720 Speaker 1: sole focus is this investigation, and they're able to meet 22 00:01:29,720 --> 00:01:32,640 Speaker 1: on a more regular basis and will move this investigation 23 00:01:32,920 --> 00:01:35,640 Speaker 1: along at a much quicker pace. Of course, the big 24 00:01:35,760 --> 00:01:39,039 Speaker 1: question is whether Trump's attempts to reverse the outcome in 25 00:01:39,080 --> 00:01:43,560 Speaker 1: Georgia were criminal. What will the prosecutor be looking at? 26 00:01:43,600 --> 00:01:46,480 Speaker 1: The phone Country District Attorney is going to look at 27 00:01:46,760 --> 00:01:52,120 Speaker 1: certain key events that occurred on January See Specifically, at 28 00:01:52,200 --> 00:01:54,920 Speaker 1: three pm on Saturday, there was a phone call which 29 00:01:55,040 --> 00:01:58,280 Speaker 1: was recorded between President Trump on the Secretary of State 30 00:01:58,760 --> 00:02:02,800 Speaker 1: in which prosect shooters may alleged that President Trump tried 31 00:02:02,840 --> 00:02:06,680 Speaker 1: to push and coerce this in Secretary of State into 32 00:02:06,800 --> 00:02:12,200 Speaker 1: counting George's presidential votes in a way that favored President Trump. Specifically, 33 00:02:12,520 --> 00:02:17,040 Speaker 1: the language in the phone call includes President Trump stating 34 00:02:17,080 --> 00:02:19,920 Speaker 1: to the Secretary of State, I think it's pretty clear 35 00:02:20,040 --> 00:02:23,640 Speaker 1: that we won. We won very substantially in Georgia. And 36 00:02:23,680 --> 00:02:26,880 Speaker 1: then the President, according to the tape, went on to say, 37 00:02:27,000 --> 00:02:30,000 Speaker 1: it's more illegal for you than it is for them, 38 00:02:30,080 --> 00:02:32,960 Speaker 1: because you know what they did and you're not reporting it. 39 00:02:33,440 --> 00:02:36,360 Speaker 1: That's a criminal offense and you can't let that happen. 40 00:02:36,760 --> 00:02:38,960 Speaker 1: And then he says, what is probably the key in 41 00:02:39,120 --> 00:02:42,000 Speaker 1: that phone call, the key words in that telephone call. 42 00:02:42,440 --> 00:02:44,920 Speaker 1: All I want to do is this. I want to 43 00:02:45,000 --> 00:02:49,079 Speaker 1: find eleven thousand seven under eight votes, which is more 44 00:02:49,120 --> 00:02:52,440 Speaker 1: than we have because we won the state. That's going 45 00:02:52,480 --> 00:02:56,679 Speaker 1: to be the key fact in that investigation, and prosecutors 46 00:02:56,720 --> 00:02:59,480 Speaker 1: will try to prove that what the president was doing 47 00:02:59,560 --> 00:03:02,040 Speaker 1: was the reatening the Secretary of State that if he 48 00:03:02,120 --> 00:03:05,440 Speaker 1: did not yield to that request, that he himself could 49 00:03:05,480 --> 00:03:08,840 Speaker 1: face criminal charges. That is what the case will be about. 50 00:03:08,919 --> 00:03:12,680 Speaker 1: The particular statutes that the prosecutor in Georgia will be 51 00:03:12,720 --> 00:03:16,440 Speaker 1: looking at our two criminal solicitation to commit election fraud, 52 00:03:16,880 --> 00:03:21,200 Speaker 1: conspiracy to commit election fraud. George's conspiracy to commit election 53 00:03:21,200 --> 00:03:23,919 Speaker 1: frond statute makes it a crime when one conspires or 54 00:03:23,960 --> 00:03:27,799 Speaker 1: agrees with another to violate Georgia's election laws. And what's 55 00:03:27,840 --> 00:03:30,799 Speaker 1: important here is that that crime, as with any conspiracy law, 56 00:03:31,160 --> 00:03:34,400 Speaker 1: is complete when there's an agreement to violate the law 57 00:03:34,680 --> 00:03:38,520 Speaker 1: and one overt act is taken in further into that conspiracy. 58 00:03:38,760 --> 00:03:41,520 Speaker 1: But it is not necessary to prove that the conspiracy 59 00:03:41,560 --> 00:03:44,480 Speaker 1: was consummated In other words, the scheme does not have 60 00:03:44,560 --> 00:03:48,920 Speaker 1: to succeed to be criminal. The second statute that prosecutors 61 00:03:48,920 --> 00:03:53,160 Speaker 1: will be looking at, the Georgia criminal solicitation statute that 62 00:03:53,200 --> 00:03:55,480 Speaker 1: makes it a crime when a person commits the offense 63 00:03:55,840 --> 00:03:59,440 Speaker 1: of criminal solicitation to commit election fraud. When was that 64 00:03:59,520 --> 00:04:04,040 Speaker 1: intent another person engages in conduct that constitutes of felony. Here, 65 00:04:04,080 --> 00:04:08,240 Speaker 1: the underlying felony would essentially be tampering with the election results, 66 00:04:08,400 --> 00:04:11,160 Speaker 1: and what prosecutors would have to show was that Trump 67 00:04:11,400 --> 00:04:14,960 Speaker 1: was demanding that the Secretary of State alter the final 68 00:04:15,080 --> 00:04:18,159 Speaker 1: vote palities so that it would appear that he won 69 00:04:18,200 --> 00:04:21,640 Speaker 1: the election, when in fact he did not. As far 70 00:04:21,720 --> 00:04:26,320 Speaker 1: as the criminal solicitation charge, does it seem as if 71 00:04:26,320 --> 00:04:30,440 Speaker 1: the phone call would almost be enough. That's a great question. 72 00:04:30,520 --> 00:04:33,640 Speaker 1: It does seem like the phone call is quite damning, 73 00:04:33,680 --> 00:04:36,760 Speaker 1: but when you look closely at the words that were spoken, 74 00:04:36,920 --> 00:04:40,440 Speaker 1: it is not nearly as clear cut as it first appears. 75 00:04:40,760 --> 00:04:43,680 Speaker 1: The key language in that phone call is when President 76 00:04:43,680 --> 00:04:47,359 Speaker 1: Trump allegedly said to the Secretary of State, all I 77 00:04:47,440 --> 00:04:49,840 Speaker 1: want to do is this. I just want to find 78 00:04:50,080 --> 00:04:54,200 Speaker 1: eleven thousand, seven eight votes, which is one more than 79 00:04:54,320 --> 00:04:58,120 Speaker 1: we have because we won the state. The key to 80 00:04:58,200 --> 00:05:01,120 Speaker 1: this prosecution is that the date will have to show 81 00:05:01,520 --> 00:05:05,000 Speaker 1: that President Trump knew in fact that he lost the 82 00:05:05,080 --> 00:05:07,520 Speaker 1: election and that he was asking the Secretary of State 83 00:05:07,520 --> 00:05:11,560 Speaker 1: to quote unquote find votes that did not exist. It 84 00:05:11,600 --> 00:05:14,320 Speaker 1: would be a defense to this criminal case if President 85 00:05:14,360 --> 00:05:17,719 Speaker 1: Trump could show that he actually believed he won the 86 00:05:17,760 --> 00:05:20,480 Speaker 1: state of Georgia, even if it turns out that that's 87 00:05:20,520 --> 00:05:23,480 Speaker 1: not incorrect. But if all he was asking the Secretary 88 00:05:23,520 --> 00:05:26,839 Speaker 1: of State to do was to find real votes, was 89 00:05:26,920 --> 00:05:30,760 Speaker 1: to locate votes that actually were made legally for him 90 00:05:30,920 --> 00:05:33,680 Speaker 1: that put him over the top in Georgia, that actually 91 00:05:33,720 --> 00:05:36,240 Speaker 1: would be a defense to these criminal charges. So the 92 00:05:36,400 --> 00:05:40,039 Speaker 1: entire case turns on the intent of the president. Did 93 00:05:40,040 --> 00:05:43,320 Speaker 1: he ask the Secretary of State to find votes that 94 00:05:43,360 --> 00:05:46,120 Speaker 1: didn't exist knowing that he in fact had lost the election, 95 00:05:46,560 --> 00:05:50,240 Speaker 1: or did he have a real, genuine belief that he 96 00:05:50,279 --> 00:05:52,320 Speaker 1: won the election and that he was simply asking the 97 00:05:52,320 --> 00:05:55,960 Speaker 1: Secretary of State to find actual votes in order to 98 00:05:56,400 --> 00:05:59,400 Speaker 1: validate what he already believed that he in fact won 99 00:05:59,440 --> 00:06:03,239 Speaker 1: the election. So now it seems as if the conspiracy 100 00:06:03,400 --> 00:06:08,200 Speaker 1: to commit election fraud would be even more difficult. Who 101 00:06:08,240 --> 00:06:10,240 Speaker 1: would be in on the conspiracy would it be the 102 00:06:10,279 --> 00:06:14,920 Speaker 1: people on the phone with Trump except for Ravensburg. So 103 00:06:14,960 --> 00:06:17,680 Speaker 1: when the President made that call to the Secretary of State, 104 00:06:17,880 --> 00:06:20,719 Speaker 1: there were others on the line, including a team of 105 00:06:20,800 --> 00:06:24,880 Speaker 1: election law lawyers representing the president. If the prosecutors could 106 00:06:24,960 --> 00:06:28,080 Speaker 1: prove that the President conspired with any single one of 107 00:06:28,120 --> 00:06:31,320 Speaker 1: those individuals, then there was an agreement to perform in 108 00:06:31,320 --> 00:06:33,680 Speaker 1: a legal act, and as long as one step was 109 00:06:33,760 --> 00:06:36,840 Speaker 1: taken in further into that conspiracy. That step would be 110 00:06:37,040 --> 00:06:39,560 Speaker 1: the phone call to the Secretary of State to try 111 00:06:39,600 --> 00:06:42,039 Speaker 1: to convince him to overturn the election. That would be 112 00:06:42,040 --> 00:06:44,000 Speaker 1: what prosecutors would have to prove in order to make 113 00:06:44,000 --> 00:06:47,919 Speaker 1: those charges stick. We all know the old saying, I 114 00:06:47,960 --> 00:06:51,120 Speaker 1: think it came from a one time Court of Appeals judge, 115 00:06:51,200 --> 00:06:54,560 Speaker 1: that a prosecutor can get a grand jury to indict 116 00:06:54,640 --> 00:06:58,120 Speaker 1: a ham Sandwich. So does it seem as if this 117 00:06:58,200 --> 00:07:01,840 Speaker 1: prosecutor could bring charge is if she wants to. But 118 00:07:02,080 --> 00:07:04,880 Speaker 1: does the prosecutor consider whether or not you can actually 119 00:07:04,880 --> 00:07:08,080 Speaker 1: get a conviction? Sure? What goes on in the grand 120 00:07:08,160 --> 00:07:11,440 Speaker 1: jury is that prosecutors have to show that there is 121 00:07:11,560 --> 00:07:14,400 Speaker 1: probable cause that a crime has been committed and that 122 00:07:14,480 --> 00:07:17,840 Speaker 1: the individual named in the indictment has committed that crime. 123 00:07:18,200 --> 00:07:21,120 Speaker 1: That's the lowest standard we have in our criminal justice system. 124 00:07:21,280 --> 00:07:24,320 Speaker 1: There's probable cause in order to get the indictment. However, 125 00:07:24,400 --> 00:07:27,440 Speaker 1: in order to get the conviction, it's it's proof beyond 126 00:07:27,520 --> 00:07:30,120 Speaker 1: a reasonable doubt, which is the highest legal standard we 127 00:07:30,120 --> 00:07:32,880 Speaker 1: have in our legal system. While it's relatively easy for 128 00:07:32,920 --> 00:07:36,800 Speaker 1: prosecutors to get an indictment because of the lower criminal standard, 129 00:07:37,120 --> 00:07:40,040 Speaker 1: and because in front of the grand jury, the grand 130 00:07:40,120 --> 00:07:43,280 Speaker 1: jurors only here the prosecutor's side of the case. In 131 00:07:43,360 --> 00:07:46,320 Speaker 1: other words, they only hear the evidence to support if 132 00:07:46,320 --> 00:07:49,679 Speaker 1: finding a probable cause. They don't hear the defense side 133 00:07:49,680 --> 00:07:52,560 Speaker 1: of the case. It's relatively easy to get an indictment, 134 00:07:52,760 --> 00:07:55,120 Speaker 1: but a prosecutor never wants to get an indictment that 135 00:07:55,160 --> 00:07:57,840 Speaker 1: they don't believe they can ultimately prove in court, and 136 00:07:57,920 --> 00:08:00,680 Speaker 1: particularly in a case like this that would be enormously 137 00:08:01,040 --> 00:08:04,800 Speaker 1: high profile, with the stakes enormously high, I don't think 138 00:08:04,840 --> 00:08:08,160 Speaker 1: we're going to see the prosecutor pursue this case unless 139 00:08:08,200 --> 00:08:11,120 Speaker 1: she believes that she can ultimately get a conviction if 140 00:08:11,120 --> 00:08:13,720 Speaker 1: this case were to go to trial. It seems that 141 00:08:13,800 --> 00:08:18,280 Speaker 1: most people looking at all the possible criminal cases against Trump. 142 00:08:18,720 --> 00:08:23,560 Speaker 1: See the Georgia case as the most direct and having 143 00:08:23,560 --> 00:08:27,040 Speaker 1: the most possibilities for conviction. Do you agree with that, Well, 144 00:08:27,080 --> 00:08:29,480 Speaker 1: it is the most clear cut case in the sense 145 00:08:29,520 --> 00:08:33,559 Speaker 1: that the facts are not particularly complicated. It also has 146 00:08:33,559 --> 00:08:36,520 Speaker 1: the virtue from the prosecutor's side of the case, of 147 00:08:36,640 --> 00:08:40,120 Speaker 1: having an actual tape of President Trump speaking to the 148 00:08:40,160 --> 00:08:43,680 Speaker 1: Secretary of State. So, in other words, prosecutors would argue 149 00:08:44,040 --> 00:08:47,280 Speaker 1: that there is an actual recording of the crime in 150 00:08:47,400 --> 00:08:50,200 Speaker 1: real time. They would have to stand up before before 151 00:08:50,280 --> 00:08:54,440 Speaker 1: jurors and convince them that the president in that conversation, 152 00:08:54,559 --> 00:08:58,360 Speaker 1: in that recorded conversation, was attempting to get the Secretary 153 00:08:58,400 --> 00:09:02,040 Speaker 1: of State to find non existent votes, and that President 154 00:09:02,040 --> 00:09:04,320 Speaker 1: Trump knew at the time that he had lost the 155 00:09:04,360 --> 00:09:07,600 Speaker 1: election and was seeking to have it overturned by asking 156 00:09:07,840 --> 00:09:11,240 Speaker 1: the Secretary of State to intervene at the Tampa with 157 00:09:11,280 --> 00:09:14,400 Speaker 1: the results of that election. Let's turn out to New York, 158 00:09:14,640 --> 00:09:18,400 Speaker 1: And of course there are parallel investigations by the New 159 00:09:18,480 --> 00:09:22,120 Speaker 1: York Attorney General and the Manhattan But the Attorney General 160 00:09:22,200 --> 00:09:27,680 Speaker 1: is fighting to get testimony from the eldest Trump children, 161 00:09:27,760 --> 00:09:31,679 Speaker 1: and so she released a hundred fifty seven page court document. 162 00:09:32,160 --> 00:09:34,959 Speaker 1: What did you see that struck you there. What's important 163 00:09:34,960 --> 00:09:38,000 Speaker 1: to note here is that the New York Attorney General 164 00:09:38,120 --> 00:09:41,440 Speaker 1: filed a motion to compel the former president along with 165 00:09:41,480 --> 00:09:44,599 Speaker 1: his son Donald Trump Junior, and Ivanka Trump, the handover 166 00:09:44,840 --> 00:09:48,720 Speaker 1: documents and answer questions about the series of valuations of 167 00:09:48,840 --> 00:09:53,000 Speaker 1: key properties part of the New York based Trump organization empire. 168 00:09:53,600 --> 00:09:56,840 Speaker 1: That was meant was a motion to quash from the 169 00:09:56,840 --> 00:10:00,440 Speaker 1: Trump team, and that resulted in this filing by the 170 00:10:00,440 --> 00:10:03,560 Speaker 1: New York Attorney General in which she detailed a lot 171 00:10:03,600 --> 00:10:07,120 Speaker 1: of the evidence that they had already gathered in this investigation. 172 00:10:07,360 --> 00:10:10,480 Speaker 1: But it's important to note that the Attorney General's investigation 173 00:10:10,480 --> 00:10:13,720 Speaker 1: in New York is a civil case, which means nobody's 174 00:10:13,720 --> 00:10:16,920 Speaker 1: going to jail as a result of that investigation. All 175 00:10:16,960 --> 00:10:19,080 Speaker 1: that can result there is that there will be an 176 00:10:19,080 --> 00:10:21,520 Speaker 1: imposition of a fine at the end of that case. 177 00:10:22,240 --> 00:10:26,960 Speaker 1: So the Attorney General claims that Trump's financial filings have 178 00:10:27,160 --> 00:10:31,559 Speaker 1: misstated objective facts, that the Trump organization used fraudulent or 179 00:10:31,640 --> 00:10:35,880 Speaker 1: misleading asset valuations to obtain a host of economic benefits, 180 00:10:35,920 --> 00:10:40,520 Speaker 1: including loans, insurance coverage, and tax deductions. She's been investigating 181 00:10:40,600 --> 00:10:45,720 Speaker 1: since is the problem? How hard it is to convict 182 00:10:46,320 --> 00:10:50,400 Speaker 1: someone of fraud in a case like this. Sure well, 183 00:10:50,600 --> 00:10:53,560 Speaker 1: in the civil case, the standard of proof is merely 184 00:10:54,040 --> 00:10:56,839 Speaker 1: preponderance of the evidence. So unlike the criminal case that's 185 00:10:56,880 --> 00:10:59,280 Speaker 1: going on with the Manhattan District Attorney's office or the 186 00:10:59,280 --> 00:11:03,439 Speaker 1: criminal case that's going on in Georgia, the Attorney General 187 00:11:03,480 --> 00:11:06,040 Speaker 1: in New York only has to prove the case by 188 00:11:06,040 --> 00:11:09,000 Speaker 1: a preponderance of the evidence, which means slightly more than 189 00:11:09,040 --> 00:11:13,240 Speaker 1: fifty percent. But they're still difficulties even improving that case. 190 00:11:13,600 --> 00:11:17,200 Speaker 1: For one thing, it's a complicated financial fraud case, and 191 00:11:17,240 --> 00:11:21,079 Speaker 1: it's difficult to prove criminal intent unless the documents are 192 00:11:21,120 --> 00:11:24,120 Speaker 1: crystal clear that there was an intent to mislead into fraud, 193 00:11:24,280 --> 00:11:27,839 Speaker 1: and unless you have someone on the inside, a co conspirator, 194 00:11:28,040 --> 00:11:30,079 Speaker 1: who can take jurors by the hand through all these 195 00:11:30,120 --> 00:11:33,600 Speaker 1: complicated documents and show them that, in fact, there was 196 00:11:33,720 --> 00:11:36,199 Speaker 1: criminal intent here, there was knowledge that what was being 197 00:11:36,240 --> 00:11:38,480 Speaker 1: done was wrong, there was knowledge that the information that 198 00:11:38,559 --> 00:11:41,760 Speaker 1: was being filed was false. They don't have that here 199 00:11:41,800 --> 00:11:44,240 Speaker 1: in terms of a cooperator as far as we know. 200 00:11:44,640 --> 00:11:49,840 Speaker 1: And the documents themselves are complicated. They're complicated financial documents 201 00:11:49,880 --> 00:11:53,480 Speaker 1: that also have the added difficulty of having been reviewed 202 00:11:53,679 --> 00:11:57,080 Speaker 1: and approved by attorneys. So one of the defenses that 203 00:11:57,120 --> 00:12:00,120 Speaker 1: the Trump organization can raise is that they rely in 204 00:12:00,240 --> 00:12:04,280 Speaker 1: good faith on professional advice, that these documents were reviewed 205 00:12:04,280 --> 00:12:07,840 Speaker 1: by lawyers and by accountants, and even if ultimately they 206 00:12:07,840 --> 00:12:11,040 Speaker 1: were wrong, they were allied in good faith on those professionals, 207 00:12:11,040 --> 00:12:14,840 Speaker 1: and therefore they're not guilty of committing that offense. Another 208 00:12:15,000 --> 00:12:18,920 Speaker 1: challenge for the New York Attorney General's Office investigation is 209 00:12:18,920 --> 00:12:23,319 Speaker 1: that she is trying to prove objectively that these valuations 210 00:12:23,400 --> 00:12:27,600 Speaker 1: were incorrect. So she's trying to find discrepancies in all 211 00:12:27,679 --> 00:12:31,280 Speaker 1: these financial filings and show that at one time and 212 00:12:31,360 --> 00:12:34,120 Speaker 1: for one purpose, a certain property was valued at X, 213 00:12:34,400 --> 00:12:36,920 Speaker 1: and that the same property for at another time, for 214 00:12:36,960 --> 00:12:41,199 Speaker 1: another purpose was valued at Why. These are objective discrepancies 215 00:12:41,440 --> 00:12:44,000 Speaker 1: in the valuations, and she's trying to use that to 216 00:12:44,120 --> 00:12:47,040 Speaker 1: show that they had to note that these valuations were 217 00:12:47,080 --> 00:12:49,760 Speaker 1: not correct and that they were being manipulated for various 218 00:12:49,800 --> 00:12:54,320 Speaker 1: purposes in order to obtain economic advantages for the Trump organization. 219 00:12:54,559 --> 00:12:58,080 Speaker 1: But even that argument can be challenging because it is 220 00:12:58,160 --> 00:13:03,400 Speaker 1: perfectly permissible to value different properties at different amounts based 221 00:13:03,480 --> 00:13:06,280 Speaker 1: upon the context that the valuation is being done, so 222 00:13:06,480 --> 00:13:09,560 Speaker 1: the rules may differ if the valuation is being done, 223 00:13:09,600 --> 00:13:13,840 Speaker 1: for example, for a mortgage or loan application, as opposed 224 00:13:13,880 --> 00:13:18,240 Speaker 1: to some other circumstance. So even the discrepancies alone may 225 00:13:18,280 --> 00:13:20,559 Speaker 1: not be enough to prove that there was an intent 226 00:13:20,679 --> 00:13:23,640 Speaker 1: to defraud here. Those are additional challenges that the New 227 00:13:23,679 --> 00:13:26,320 Speaker 1: York Attorney General will have to overcome if she's ultimately 228 00:13:26,360 --> 00:13:28,960 Speaker 1: going to bring a case of fraud against President Trump 229 00:13:29,040 --> 00:13:32,520 Speaker 1: or anybody else in the Trump organization. Thanks Bob, that's 230 00:13:32,640 --> 00:13:37,640 Speaker 1: Robert mans of McCarter and English. Gun violence is on 231 00:13:37,679 --> 00:13:41,720 Speaker 1: the rise in Manhattan. Last Friday, two police officers were 232 00:13:41,760 --> 00:13:45,040 Speaker 1: shot and killed in Harlem. There have been thirteen shootings 233 00:13:45,080 --> 00:13:48,480 Speaker 1: in Manhattan so far this year, compared to seven during 234 00:13:48,480 --> 00:13:53,120 Speaker 1: the same period in according to New York Police Department statistics. 235 00:13:53,440 --> 00:13:56,880 Speaker 1: Manhattan District Attorney Alvin Brad, who has been under pressure 236 00:13:57,200 --> 00:14:01,200 Speaker 1: over a memoy issued for swearing prosecution of certain crimes, 237 00:14:01,559 --> 00:14:04,560 Speaker 1: said addressing gun violence will be a top priority for 238 00:14:04,640 --> 00:14:08,560 Speaker 1: his office. Joining me as Bloomberg Legal reporter Patricia Hurtado, 239 00:14:08,760 --> 00:14:12,080 Speaker 1: pat tell us about this memo from brag that has 240 00:14:12,200 --> 00:14:15,640 Speaker 1: gotten so much attention. Well, it was a law enforcement 241 00:14:15,720 --> 00:14:20,200 Speaker 1: memo to his staff prosecutors. They're called the system district attorneys, 242 00:14:20,240 --> 00:14:23,000 Speaker 1: and this was a memo that laid out how they 243 00:14:23,040 --> 00:14:26,600 Speaker 1: were going to pursue certain crimes and not seek certain 244 00:14:26,680 --> 00:14:31,800 Speaker 1: penalties automatically, you know, not pursue fair beating cases or 245 00:14:32,080 --> 00:14:36,440 Speaker 1: sex worker cases like aggravated unlicensed operation of a motor 246 00:14:36,560 --> 00:14:39,320 Speaker 1: vehicle can only be charged if a motorist is also 247 00:14:39,360 --> 00:14:42,400 Speaker 1: accused of being involved in the dangerous driving or crashes 248 00:14:42,440 --> 00:14:46,080 Speaker 1: that injure someone. They can't be used against people who 249 00:14:46,080 --> 00:14:50,119 Speaker 1: don't pay their fine. People who burglarize apartments or buildings 250 00:14:50,240 --> 00:14:53,560 Speaker 1: or basements of a commercial building or an apartment would 251 00:14:53,560 --> 00:14:57,640 Speaker 1: face burglary charges, but they would carry lesser punishments that 252 00:14:57,960 --> 00:15:03,240 Speaker 1: cautions that don't automatic. We seek to have someone incarcerated 253 00:15:03,440 --> 00:15:06,480 Speaker 1: when they get arrested. You know, that only pursued those 254 00:15:06,560 --> 00:15:10,080 Speaker 1: kinds of cases there's an imminent threat of harm. Resisting 255 00:15:10,160 --> 00:15:12,800 Speaker 1: arrest could only be charged if the person is arresting 256 00:15:12,840 --> 00:15:16,200 Speaker 1: for a serious crime, not just standing around when the 257 00:15:16,240 --> 00:15:20,280 Speaker 1: cops are telling them to move. And Brag's theories apparently 258 00:15:20,320 --> 00:15:24,680 Speaker 1: behind us, were that he wanted to stop police from 259 00:15:24,680 --> 00:15:30,080 Speaker 1: basically arresting black and list Latin neck and minorities that 260 00:15:30,360 --> 00:15:35,440 Speaker 1: are targeted typically under these kinds of cases. What has happened, though, 261 00:15:35,760 --> 00:15:38,680 Speaker 1: is there's been a lot of interpretation of the memo. 262 00:15:39,280 --> 00:15:42,920 Speaker 1: Miss memo. It was basically sort of suggesting a little 263 00:15:42,960 --> 00:15:47,480 Speaker 1: more leniency or giving the prosecutors more discretion and don't 264 00:15:47,480 --> 00:15:51,560 Speaker 1: automatically charge everything that gets arrested and make it a felony. 265 00:15:52,080 --> 00:15:55,200 Speaker 1: Was basically came at a time right head up into 266 00:15:55,800 --> 00:15:59,520 Speaker 1: an increase in crime. There's been a spike and recent 267 00:15:59,640 --> 00:16:03,920 Speaker 1: violence crimes including shootings and gun violence. So this policy 268 00:16:04,000 --> 00:16:08,480 Speaker 1: Day one memo came head on into shootings and the 269 00:16:08,640 --> 00:16:12,280 Speaker 1: pushing of the woman Michelle go office worker who was 270 00:16:12,320 --> 00:16:14,680 Speaker 1: shoved to her death in front of an oncoming subway 271 00:16:14,680 --> 00:16:18,280 Speaker 1: car in Manhattan. And there was a girl fatally shot. 272 00:16:18,360 --> 00:16:21,400 Speaker 1: She was a Burger King worker. She was fatally shot 273 00:16:21,680 --> 00:16:24,040 Speaker 1: at the bear robbery at the at the Burger King. 274 00:16:24,640 --> 00:16:27,640 Speaker 1: So these kinds of crimes, of course, are getting a 275 00:16:27,680 --> 00:16:31,920 Speaker 1: lot of headlines, and Bragg's policies seemed to have collided 276 00:16:32,040 --> 00:16:35,200 Speaker 1: head on with this spike. I mean, the New York 277 00:16:35,200 --> 00:16:38,360 Speaker 1: Police Commissioner, the first black woman to hold that job, 278 00:16:38,800 --> 00:16:42,680 Speaker 1: criticized his policies. They were even starting to be calls 279 00:16:43,240 --> 00:16:47,800 Speaker 1: for removing him from office. Yes, and Tom Squazzy, who's 280 00:16:47,880 --> 00:16:52,680 Speaker 1: running for governor the Republican he is called upon Kathy 281 00:16:52,760 --> 00:16:55,800 Speaker 1: Hokel to remove Brag and she apparently has the power 282 00:16:55,840 --> 00:16:59,760 Speaker 1: to do so. And she's running for re election after 283 00:16:59,800 --> 00:17:03,600 Speaker 1: she was appointed to replace Andrew Cuomo, so she's having 284 00:17:03,640 --> 00:17:06,439 Speaker 1: to deal with this issue where she's being asked to 285 00:17:06,600 --> 00:17:10,199 Speaker 1: review Bragg and possibly remove him. So she's going to 286 00:17:10,280 --> 00:17:14,000 Speaker 1: be meeting with him, it's been reported. So you know, 287 00:17:14,240 --> 00:17:17,399 Speaker 1: it's a lot happening in three weeks where you have 288 00:17:17,520 --> 00:17:21,080 Speaker 1: a new police commissioner and then you have a new 289 00:17:21,119 --> 00:17:24,560 Speaker 1: mayor who is a former cop who's dealing with this 290 00:17:24,680 --> 00:17:30,160 Speaker 1: spike in crime citywide. Mayor Adams has given his support 291 00:17:30,320 --> 00:17:33,640 Speaker 1: and says that he thinks that Bragg is a brilliant prosecutor. 292 00:17:33,960 --> 00:17:36,400 Speaker 1: But you know, there was something interesting I covered yesterday. 293 00:17:36,480 --> 00:17:39,600 Speaker 1: There was a conference with the New York State Bar 294 00:17:39,680 --> 00:17:45,840 Speaker 1: Association with four District Attorneys around the state, including the 295 00:17:45,920 --> 00:17:50,399 Speaker 1: Erie County d A. Flynn as well as Mimi Roca 296 00:17:50,480 --> 00:17:55,359 Speaker 1: of Westchester d A and Eric Gonzalis the Brooklyn d A. 297 00:17:55,760 --> 00:17:59,480 Speaker 1: And it was interesting because some of them have accomplished 298 00:18:00,000 --> 00:18:05,440 Speaker 1: into progressive policies, ameliorating you know, the harm that incarceration 299 00:18:05,560 --> 00:18:09,960 Speaker 1: does to you. They were talking about different policies they've instituted. 300 00:18:10,040 --> 00:18:13,360 Speaker 1: So for example, Alvin brad gets a lot of attention 301 00:18:13,560 --> 00:18:15,800 Speaker 1: yesterday for announcings and he was going to have like 302 00:18:15,840 --> 00:18:20,760 Speaker 1: a guns are prosecutor to handle gun cases. And Arinzale 303 00:18:20,800 --> 00:18:24,399 Speaker 1: said that last August and no one said anything, you know, 304 00:18:24,920 --> 00:18:28,600 Speaker 1: and Erik Gonzalez was talking about policies that he's enacted 305 00:18:28,640 --> 00:18:31,440 Speaker 1: because there was such a rise in crime when he 306 00:18:31,480 --> 00:18:35,680 Speaker 1: took over when Ken Thompson died in sixteen and then 307 00:18:35,760 --> 00:18:39,760 Speaker 1: ran for d a in Seen, and he said he 308 00:18:39,880 --> 00:18:43,920 Speaker 1: was managed with some policies. They've been focused on certain crimes, 309 00:18:43,920 --> 00:18:49,520 Speaker 1: certain resentivis, balons who have violent backgrounds. They basically focused 310 00:18:49,520 --> 00:18:53,480 Speaker 1: on certain gang cases and made these cases against he said, 311 00:18:53,520 --> 00:18:55,720 Speaker 1: the ones that pulled the triggers. And they've been out 312 00:18:55,880 --> 00:19:00,080 Speaker 1: actually able to bring down crime and there's been a 313 00:19:00,160 --> 00:19:03,320 Speaker 1: reduction in crime in Brooklyn and the d a in 314 00:19:03,760 --> 00:19:08,159 Speaker 1: Erie County was talking about certain alternatives to incarceration cases 315 00:19:08,160 --> 00:19:12,440 Speaker 1: where they take young people who have possibly been involved 316 00:19:12,440 --> 00:19:14,680 Speaker 1: in the shooting. They may have been victims, they were 317 00:19:14,680 --> 00:19:18,639 Speaker 1: not the defendant the person who was arrested for the 318 00:19:18,720 --> 00:19:22,520 Speaker 1: gun possession. But they target them and work with them 319 00:19:22,800 --> 00:19:25,000 Speaker 1: to get them out of the system. So they will 320 00:19:25,040 --> 00:19:27,200 Speaker 1: take them out. And you know, it could be that 321 00:19:27,320 --> 00:19:31,160 Speaker 1: this kid was the victim of a shooting and may 322 00:19:31,280 --> 00:19:35,560 Speaker 1: go get a gun, and with this program, they intervened 323 00:19:35,640 --> 00:19:38,760 Speaker 1: with the kids and to get them out of the system. 324 00:19:38,800 --> 00:19:42,920 Speaker 1: It seems like in some interviews I've seen that Bragg 325 00:19:42,960 --> 00:19:46,679 Speaker 1: has backed off a little on that memo, or tried to. 326 00:19:47,640 --> 00:19:51,560 Speaker 1: He has given It was a two hour seminar last 327 00:19:51,720 --> 00:19:55,720 Speaker 1: week at n y U Law School and where he's 328 00:19:55,760 --> 00:19:59,720 Speaker 1: an adjunct, and he was asked by a law professor 329 00:19:59,760 --> 00:20:02,840 Speaker 1: at n y U Law School that's the former federal 330 00:20:02,880 --> 00:20:06,840 Speaker 1: prosecutor in the Southern District that used to work with him. 331 00:20:06,880 --> 00:20:10,120 Speaker 1: And he has spoken that, you know, he business interpreted 332 00:20:10,440 --> 00:20:13,680 Speaker 1: and that it was a problem. He received criticism from 333 00:20:13,760 --> 00:20:17,720 Speaker 1: the his memo, his Day one memo. It was a 334 00:20:17,800 --> 00:20:21,560 Speaker 1: failure to communicate properly what the memo was really about, 335 00:20:21,640 --> 00:20:24,880 Speaker 1: and he said he called it maybe too legalistic and 336 00:20:25,080 --> 00:20:30,080 Speaker 1: confusing to to the public. Some people have said that 337 00:20:30,240 --> 00:20:33,040 Speaker 1: was the problem, or perhaps you know, it was a 338 00:20:33,080 --> 00:20:37,639 Speaker 1: little and artfully done. Other people have not had this 339 00:20:37,720 --> 00:20:40,680 Speaker 1: issue in the first three weeks of work and also 340 00:20:40,880 --> 00:20:46,640 Speaker 1: didn't at least nine Manhattan prosecutors quit after he took over. Well, 341 00:20:46,680 --> 00:20:50,359 Speaker 1: I mean one series. We had a Bloomberg meeting with 342 00:20:50,480 --> 00:20:53,000 Speaker 1: him on Friday of last week and ed board meeting, 343 00:20:53,280 --> 00:20:56,600 Speaker 1: and that, you know, he said, insisted that some of 344 00:20:56,640 --> 00:20:59,960 Speaker 1: those nine that were counted, that top people that quit 345 00:21:00,560 --> 00:21:04,520 Speaker 1: included the DA himself, Uh Divance, who was obviously going 346 00:21:04,560 --> 00:21:08,040 Speaker 1: to leave. And he said, it's always when there's a 347 00:21:08,119 --> 00:21:10,359 Speaker 1: change in regime happens, there will be a change in 348 00:21:10,359 --> 00:21:13,360 Speaker 1: the top management. And he said the same thing had 349 00:21:13,359 --> 00:21:16,639 Speaker 1: happened when he was in the New York Attorney General's Office. 350 00:21:16,760 --> 00:21:19,879 Speaker 1: All the top managers had left. However, one of the 351 00:21:19,960 --> 00:21:23,760 Speaker 1: key people that the Manhattan DA's office lost is the 352 00:21:23,800 --> 00:21:28,240 Speaker 1: spectacular prosecutor. She's a veteran and she's a fierce, fierce 353 00:21:28,440 --> 00:21:32,960 Speaker 1: child prosecutor. Her name is Jonah Lucy, and she prosecuted 354 00:21:33,000 --> 00:21:37,400 Speaker 1: Harvey Weinstein. So now they've lost her. And the Court 355 00:21:37,440 --> 00:21:41,919 Speaker 1: of Appeals was voicing some criticism of the way the 356 00:21:42,000 --> 00:21:46,040 Speaker 1: case was handled in the use of these witnesses that 357 00:21:46,200 --> 00:21:49,320 Speaker 1: are not direct victims, but they're kind of out Pride witnesses. 358 00:21:49,480 --> 00:21:53,800 Speaker 1: So the if the court appeals court reverses the conviction 359 00:21:53,840 --> 00:21:56,960 Speaker 1: of Harvey Weinstein, now one of the most senior people 360 00:21:57,080 --> 00:21:59,840 Speaker 1: in the office, who's been there for like thecover case 361 00:21:59,880 --> 00:22:02,560 Speaker 1: of where fully twenty five years, you know, she is 362 00:22:02,600 --> 00:22:05,359 Speaker 1: no longer there. He would not answer what they would do. 363 00:22:05,400 --> 00:22:09,120 Speaker 1: He said, there's many talented staffers that can that can 364 00:22:09,160 --> 00:22:12,480 Speaker 1: handle the prosecution. So what does he say he's going 365 00:22:12,560 --> 00:22:16,640 Speaker 1: to focus on. Well, he wants to do a lot 366 00:22:16,680 --> 00:22:19,520 Speaker 1: of things. He wants to focus on gun violence. He 367 00:22:19,600 --> 00:22:24,359 Speaker 1: wants to focus on you know, lowering uh, you know, 368 00:22:24,600 --> 00:22:28,840 Speaker 1: the number of youth and black and Latin Neck people 369 00:22:28,880 --> 00:22:33,159 Speaker 1: who get arrested that he thinks they've been lawfully targeted 370 00:22:33,240 --> 00:22:37,159 Speaker 1: for law enforcement and put a little more parity into 371 00:22:37,400 --> 00:22:41,520 Speaker 1: the into the system, the criminal justice system. But it's 372 00:22:41,560 --> 00:22:44,399 Speaker 1: a lot on his plate right quickly in the middle 373 00:22:44,520 --> 00:22:48,040 Speaker 1: of what many people perceive as a crime wave. And 374 00:22:48,119 --> 00:22:50,720 Speaker 1: you know, he's gotten there's been some criticism. In fact, 375 00:22:50,840 --> 00:22:53,320 Speaker 1: you know, there's been stories. I think people see if 376 00:22:53,359 --> 00:22:56,520 Speaker 1: you go to the Dwayne Read or a local drug store, 377 00:22:56,880 --> 00:23:00,920 Speaker 1: you can't buy anything on the shelves, including toothpaste because 378 00:23:01,000 --> 00:23:05,080 Speaker 1: of you know, people are shop raising shoplifters, and so 379 00:23:05,240 --> 00:23:07,919 Speaker 1: if that's happening in the Manhattan store, and then you 380 00:23:08,000 --> 00:23:10,679 Speaker 1: read a memo that says, hey, let's not arrest everyone, 381 00:23:10,720 --> 00:23:14,440 Speaker 1: let's think about maybe an alternative through this process criminal 382 00:23:14,480 --> 00:23:17,320 Speaker 1: justice system process, you can see people getting a little 383 00:23:17,359 --> 00:23:21,720 Speaker 1: frustrated that, you know, they're worried about getting mugged, or 384 00:23:21,880 --> 00:23:25,040 Speaker 1: some people say that it's not necessarily as bad in 385 00:23:25,200 --> 00:23:27,840 Speaker 1: certain crimes are not as bad as it was in 386 00:23:27,960 --> 00:23:32,600 Speaker 1: the nineteen eighties and nineties during the crack epidemic, but 387 00:23:33,240 --> 00:23:36,320 Speaker 1: it's not good. What about the prosecution of Trump, which 388 00:23:36,359 --> 00:23:40,879 Speaker 1: he inherited from civants the former d A. That was 389 00:23:40,920 --> 00:23:44,720 Speaker 1: an interesting question. My colleagues aggressively questioned him on that, 390 00:23:44,960 --> 00:23:47,560 Speaker 1: and he will not say he will not talk about it. 391 00:23:47,840 --> 00:23:50,520 Speaker 1: And I guess we have to understand that there is 392 00:23:50,560 --> 00:23:55,600 Speaker 1: a grand jury involved in this investigation, and prosecutors are 393 00:23:55,600 --> 00:24:00,680 Speaker 1: prohibited from discussing grand jury matters. But he has said 394 00:24:00,720 --> 00:24:03,760 Speaker 1: repeatedly that he has this expertise when he was on 395 00:24:03,800 --> 00:24:07,320 Speaker 1: the campaign, that he had these this expertise, and as 396 00:24:07,480 --> 00:24:11,480 Speaker 1: in the New York Attorney General's Office prosecuting Trump organization 397 00:24:11,560 --> 00:24:15,200 Speaker 1: in Trump University. So these are kinds of background cases 398 00:24:15,240 --> 00:24:19,639 Speaker 1: that he has, so he has the wherewithal and the skill. 399 00:24:19,760 --> 00:24:23,040 Speaker 1: He's also kept the same people in place that we're 400 00:24:23,040 --> 00:24:27,919 Speaker 1: doing the prosecution under his predecessors. Ivan, And what's his 401 00:24:27,960 --> 00:24:31,680 Speaker 1: relationship now with the New York Police Commissioner. When there 402 00:24:31,800 --> 00:24:36,199 Speaker 1: was this acrimony between the em police commissioner, who was 403 00:24:36,240 --> 00:24:39,879 Speaker 1: reacting to this memo she she had sent out, the 404 00:24:39,880 --> 00:24:42,439 Speaker 1: police commissioners sent out a memo to her in the 405 00:24:42,480 --> 00:24:46,320 Speaker 1: thirty six thousand members of the force saying, you know 406 00:24:46,440 --> 00:24:49,239 Speaker 1: that we need to be careful about this. And I 407 00:24:49,280 --> 00:24:53,119 Speaker 1: think Bragg realized that he had to have some meeting 408 00:24:53,359 --> 00:24:57,000 Speaker 1: with the police department because the two are partners in 409 00:24:57,040 --> 00:25:01,720 Speaker 1: this process. And so they so the police commission or 410 00:25:01,800 --> 00:25:05,760 Speaker 1: Key Chance Stool and I've met with brag Um a 411 00:25:05,840 --> 00:25:09,399 Speaker 1: week ago Friday now, so it's two weeks now after 412 00:25:09,520 --> 00:25:13,119 Speaker 1: that rocky week to agree that they were going to 413 00:25:13,160 --> 00:25:16,520 Speaker 1: work together in a more collaborative fashion. So, I mean, 414 00:25:16,560 --> 00:25:19,359 Speaker 1: I guess this is all the learning process. We haven't 415 00:25:19,400 --> 00:25:21,720 Speaker 1: had a new man at and d A, I mean 416 00:25:21,960 --> 00:25:26,040 Speaker 1: SI Vance with for eleven years and Bob Morgan thou 417 00:25:26,240 --> 00:25:30,959 Speaker 1: was for thirty some years. So in forty some years 418 00:25:31,160 --> 00:25:34,600 Speaker 1: you know, this is the fourth district attorney, so I 419 00:25:34,640 --> 00:25:38,400 Speaker 1: guess it's a learning experience for everybody involved. Thanks Pat. 420 00:25:38,640 --> 00:25:42,320 Speaker 1: That's Bloomberg Legal reporter Patricia Hurtado, and that's it for 421 00:25:42,320 --> 00:25:44,959 Speaker 1: this edition of the Bloomberg Law Show. Remember you can 422 00:25:45,000 --> 00:25:48,240 Speaker 1: always get the latest legal news on our Bloomberg Law Podcast. 423 00:25:48,520 --> 00:25:51,520 Speaker 1: You can find them on Apple Podcasts, Spotify, and at 424 00:25:51,680 --> 00:25:56,800 Speaker 1: www dot bloomberg dot com slash podcast Slash Law. I'm 425 00:25:56,920 --> 00:25:59,359 Speaker 1: June Grosso and you're listening to Bloomberg