WEBVTT - Prosecutor's Mistakes Along The Way: Andrew Cherkasky Talks To A&G

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<v Speaker 1>This case has never been about politics or personal vendetta

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<v Speaker 1>or about name calling. This case is about the facts

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<v Speaker 1>and the law, and mister Donald Trump violated the law.

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<v Speaker 1>At the end of the day, the point is simple,

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<v Speaker 1>no matter how powerful you are, no matter how rich

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<v Speaker 1>you are, that no one is above the law, and

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<v Speaker 1>that the law applies to all of us equally and fairly.

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<v Speaker 2>What this case appears to be about is about a

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<v Speaker 2>really dramatic cadence. But I'm not a legal expert. Andrew

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<v Speaker 2>Tcherkawski is. Andrew is a criminal defense and civil trial lawyer,

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<v Speaker 2>former federal prosecutor, and military veteran, and knows what he's

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<v Speaker 2>talking about. Andrew, how are you, sir?

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<v Speaker 3>I'm great, good to talk to you.

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<v Speaker 2>Good. We sure appreciate you spending a little time today. Hey,

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<v Speaker 2>can we start in your Georgia with the recent developments

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<v Speaker 2>with Fannie Willis and her boyfriend, the prosecutor she's hired

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<v Speaker 2>at high six figure you know, Fees who apparently doesn't

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<v Speaker 2>have a lot of experience in this What do you

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<v Speaker 2>make of that? How serious the development is this?

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<v Speaker 3>I think it's a very serious development. It is something

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<v Speaker 3>that borders on the idea of prosecutorial misconduct. You know,

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<v Speaker 3>her whole efforts against President Trump have been deeply politically motivated,

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<v Speaker 3>and she is coming after President Trump for something that

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<v Speaker 3>she claims is a blatant violation of Georgia law. He

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<v Speaker 3>has declared his innocence. I think that we have to

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<v Speaker 3>be very careful when prosecutors who are trying to charge

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<v Speaker 3>cases in a particularly unique way are now caught up

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<v Speaker 3>in their own misconduct. And it seems to be potentially

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<v Speaker 3>a gross misconduct.

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<v Speaker 2>Well, yeah, it certainly could be trayed as a project

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<v Speaker 2>she cooked up. I mean, obviously that's a stretch. There were,

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<v Speaker 2>you know, strange doings after the election, but she and

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<v Speaker 2>her boyfriend cooked up a scheme to make hundreds of

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<v Speaker 2>thousands of dollars. I mean, you could portray it that way,

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<v Speaker 2>and it does kind of have that look.

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<v Speaker 3>Well, it definitely has the look. The gentleman that she

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<v Speaker 3>is accused of having an affair with has been appointed

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<v Speaker 3>as a special prosecutor in Georgia. He has very limited

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<v Speaker 3>courtroom experience and prosecutorial experience. The reasons why he was

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<v Speaker 3>appointed with something that I was talking about many months ago,

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<v Speaker 3>before we knew about the idea that there was some

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<v Speaker 3>sort of special relationship between the two. He's gotten I believe,

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<v Speaker 3>over a million dollars at this point for his services.

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<v Speaker 3>Now he's providing legal services, no doubt through this, but

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<v Speaker 3>whether those legal services are connected with essentially an underlying

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<v Speaker 3>personal motivation to prosecute in order to rack up those

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<v Speaker 3>legal bills, that would certainly be on the highest order

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<v Speaker 3>of misconduct of an attorney and could very well be

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<v Speaker 3>seen as criminal. It's something that where there are genuine

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<v Speaker 3>questions in our country about Trump's conduct after the election

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<v Speaker 3>in twenty twenty, those are questions that I believe are

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<v Speaker 3>primarily political. They're trying to turn it into criminal allegations,

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<v Speaker 3>and it's a stretch. There is no good precedent for that,

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<v Speaker 3>and it is something that certainly taints this process for

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<v Speaker 3>the prosecutors to have such a scandal break out at

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<v Speaker 3>this point.

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<v Speaker 2>So not to try to make you make a prediction,

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<v Speaker 2>but given your experience litigating hundreds of jury trials, what

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<v Speaker 2>is the likelihood that it all collapses. What's the likelihood

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<v Speaker 2>that Fannie Willis has just dismissed and they have to

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<v Speaker 2>more or less restart. What do you expect to happen?

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<v Speaker 3>Well, I expect her to still go full steam ahead

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<v Speaker 3>against Trump and all of his associates that are charged here.

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<v Speaker 3>So she's not going to back off willingly. You know.

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<v Speaker 3>As a criminal defense attorney, I was kind of joking

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<v Speaker 3>the other day that our job is not to predict

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<v Speaker 3>what the issue is. It's to be ready to act

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<v Speaker 3>on the issues that arise. There's one hundred, maybe two

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<v Speaker 3>hundred ways that prosecutors can mess up a case, and

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<v Speaker 3>a really good defense lawyer is ready to pounce on

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<v Speaker 3>any one of them when they arise. If they knew

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<v Speaker 3>what the issue was ahead of time, the prosecutors would

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<v Speaker 3>likely know. So it's all about finding the prosecutor's errors

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<v Speaker 3>and mistakes or misconduct along the way, and then calling

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<v Speaker 3>it out and hoping that at that point the judge

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<v Speaker 3>sees it that way and will reverse the case or

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<v Speaker 3>dismiss the case, or issue some other major form of relief.

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<v Speaker 2>Before we move on to Hunter Biden, let's talk a

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<v Speaker 2>little bit about the business case in New York, the

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<v Speaker 2>real estate fraud, etc. Does that have any enduring significance

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<v Speaker 2>other than to Trump as a businessman, do you think?

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<v Speaker 3>Well? I think the enduring effect that it has primarily

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<v Speaker 3>is on the idea of those who do business in

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<v Speaker 3>the state of New York, the long term consequences of

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<v Speaker 3>the which Fox News report has no comparable history in

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<v Speaker 3>the state, and that idea being that nobody has been

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<v Speaker 3>essentially prosecuted where there are no complainants or victims people

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<v Speaker 3>who have lost any money. The idea here being that

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<v Speaker 3>if I go to a real estate agent and that

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<v Speaker 3>real estate agent tells me my house is worth a

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<v Speaker 3>million dollars, but I then list the house for one

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<v Speaker 3>point five and then it sells for two millions, how

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<v Speaker 3>much was that house worth in the first place. We

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<v Speaker 3>see corporations all the time who have never made a

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<v Speaker 3>penny in the history of the corporation. Think tech companies

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<v Speaker 3>that then sell their companies for billions of dollars. How

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<v Speaker 3>does that evaluated as the correct price or valuation of

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<v Speaker 3>the company when they haven't even made a dollar. So essentially,

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<v Speaker 3>the state of New York is putting itself in a

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<v Speaker 3>position to prosecute any business who they feel like are

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<v Speaker 3>overvaluing their company. And that's a very scary prospect for

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<v Speaker 3>those who do business. It's the nature of business. It's

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<v Speaker 3>also problematic because we see the immense political motivations here

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<v Speaker 3>with the various videos we've seen of Letitia James campaigning

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<v Speaker 3>to take down Donald Trump and chanting and promising that

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<v Speaker 3>she would take him down.

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<v Speaker 2>Yeah, it really is one of those things for the

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<v Speaker 2>record where you know, we have a fair amount of

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<v Speaker 2>ambivalence about Trump.

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<v Speaker 1>Here.

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<v Speaker 2>We recognize the great stuff he's done, the policies of

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<v Speaker 2>the judges, et cetera, et cetera, and certainly some of

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<v Speaker 2>some of the negatives, but this one sure seems like

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<v Speaker 2>another naked political prosecution to intercede in the deal that

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<v Speaker 2>everybody was thrilled with and say no, no, no, you

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<v Speaker 2>got ripped off, and all sides are looking at the

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<v Speaker 2>States saying I don't think we were. What are you

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<v Speaker 2>talking about? Seems nakedly political. So, as you point out,

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<v Speaker 2>I think the enduring effect is going to be political,

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<v Speaker 2>the idea that, yeah, there is a witch hunt for

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<v Speaker 2>Trump and he can't get a fair shape shake Andrew

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<v Speaker 2>Tcherkawski's online criminal defense and civil try lawyer. Let's talk

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<v Speaker 2>about Hunter Biden for a minute. He pleaded not guilty

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<v Speaker 2>to some tax charges, including I believe three felonies. What

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<v Speaker 2>does that look like to you? How much jeopardy is

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<v Speaker 2>he in.

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<v Speaker 3>Yeah, Hunter Biden is in a lot of trouble. You know.

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<v Speaker 3>Hunter Biden has kind of done it to himself in

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<v Speaker 3>his autobiography where he admits to rampant the legal activity

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<v Speaker 3>that he was engaged in in the late in mid

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<v Speaker 3>twenty teens. He is facing these tax charges and they're

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<v Speaker 3>certainly going to come fast and furious as this case

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<v Speaker 3>kind of proceeds with the evidence that will be used

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<v Speaker 3>against him. No doubt that's going to be particularly embarrassing

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<v Speaker 3>evidence to him and his father, and something that will

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<v Speaker 3>be I think heavily part of the campaign two prospects ahead.

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<v Speaker 3>I think the one very interesting point about that prosecution

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<v Speaker 3>is how the special prosecutor David Weiss intend to use

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<v Speaker 3>information about Barisma as well as Hunter Biden's connection with

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<v Speaker 3>a Chinese energy company. There's been lots of calls that

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<v Speaker 3>that is a violation of the PHARAH, the Foreign Agent

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<v Speaker 3>Registration Act, and that he should be prosecuted for that. Well,

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<v Speaker 3>Weiss has mentioned his affiliation with Bisma and the Chinese

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<v Speaker 3>holding company throughout the indictment, so I anticipate that Weiss

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<v Speaker 3>is going to use that information in the trial. Maybe

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<v Speaker 3>why he's not talking about it. But what we're all

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<v Speaker 3>asking is why isn't there a decision. It's been years

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<v Speaker 3>and years. Why hasn't Weis's come out and actually told

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<v Speaker 3>us why there's no prosecution on those allegations. Maybe that's

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<v Speaker 3>something that we will find out more through the court

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<v Speaker 3>filings that come in the following weeks and months.

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<v Speaker 2>Right, I was just going to say I don't trust

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<v Speaker 2>Weiss for a minute, and was going to ask that

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<v Speaker 2>that unholy to my mind plea deal a couple of

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<v Speaker 2>months ago that fell apart when that alert judge called

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<v Speaker 2>out both sides for the unprecedented and bizarre nature of it,

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<v Speaker 2>I believe that to be evidence of serious malfeasance behind

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<v Speaker 2>the scenes. Am I overreacting in my paranoid What was

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<v Speaker 2>your take on the plea deal malfeasans?

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<v Speaker 3>I think that it shows that David Weiss has compromised,

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<v Speaker 3>that he was engaged in reaching a plea deal that showed,

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<v Speaker 3>or at least demonstrated a great degree of bias towards

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<v Speaker 3>Hunter Biden. Now that has fallen apart, and he has

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<v Speaker 3>moved forward with prosecutions, and I know prosecutors and when

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<v Speaker 3>you read the indictment, and you have the idea of

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<v Speaker 3>what prosecutors really are. These are folks who really want

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<v Speaker 3>to get a conviction and do so convincingly so once

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<v Speaker 3>they think their teeth in whichould appears they have here. Generally,

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<v Speaker 3>prosecutors are very interested in a conviction and significant jail time.

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<v Speaker 3>The problem, even though that might be the case here,

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<v Speaker 3>even though the prosecutors behind BIS and the ones who

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<v Speaker 3>actually try this case may very aggressively prosecute this case,

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<v Speaker 3>there's not faith in the system. There's not faith in

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<v Speaker 3>David Weiss, and so I think he, before being appointed

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<v Speaker 3>to Special Prosecutors, should have been taken off the case

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<v Speaker 3>and another brought in. I think that would have been

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<v Speaker 3>a wise move by the DOJ to create the appearance

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<v Speaker 3>that we have a fair and neutral special prosecutor on

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<v Speaker 3>that case who isn't compromised.

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<v Speaker 2>Well, I'm glad to hear you say that, because I've

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<v Speaker 2>been ranting about that for months now, and you actually

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<v Speaker 2>know what you're talking about. But I cannot trust wise

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<v Speaker 2>you know your statement that they've got their teeth into

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<v Speaker 2>it and they're given it the old College try. Notwithstanding,

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<v Speaker 2>just because the inexplicable allowing of the statute of limitations

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<v Speaker 2>to expire on some pretty serious charges looked again like

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<v Speaker 2>a serious level of being compromised.

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<v Speaker 3>Yeah, you know, when you have these ideas of special prosecutors,

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<v Speaker 3>we put a lot of faith in them. I don't

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<v Speaker 3>I think that it is something that is very concerning

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<v Speaker 3>to put our nation's future in the hands of a

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<v Speaker 3>special prosecutor, whether that David Weiss who's prosecuting Hunter Biden,

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<v Speaker 3>which could have dramatic impact on Joe Biden, or whether

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<v Speaker 3>that is the special prosecutor over Donald Trump that essentially

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<v Speaker 3>puts a single person in charge of these prosecutorial decisions

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<v Speaker 3>that are highly political nature. And you said earlier that

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<v Speaker 3>you know, whether you like Trump or hate Trump, I'm

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<v Speaker 3>not looking at Trump's cases from the perspective of liking

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<v Speaker 3>or hating Donald Trump. I'm looking at it from the

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<v Speaker 3>constitutional perspective of what this means for presidents. And it's

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<v Speaker 3>really not my opinions that I'm coming with. I think

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<v Speaker 3>of the Federalist papers Alexander Hamilton, who addressed this very idea,

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<v Speaker 3>who essentially said in his writings, and it can be

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<v Speaker 3>interpreted in a number of ways, that the idea is

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<v Speaker 3>that a president should be immune from their actions while

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<v Speaker 3>in their presidency because of the degree of decisions they

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<v Speaker 3>have to make and the desire that we not have

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<v Speaker 3>undue pressure on them to be fearful that they will

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<v Speaker 3>be criminally prosecuted. So Hamilton said, a president should have

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<v Speaker 3>to first go through in impeachment, then be convicted by

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<v Speaker 3>the Senate before the idea of criminal charges, and that

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<v Speaker 3>waiving of the honor of immunity attaches to a president.

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<v Speaker 3>See that takes it out of the hand of a

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<v Speaker 3>single special prosecutor, and it puts it in the hand

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<v Speaker 3>of the people, of the representatives of the people, and

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<v Speaker 3>a significant portion of that. So whether we're talking about

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<v Speaker 3>Hunter Biden or whether we're talking about Donald Trump, we

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<v Speaker 3>have to be very careful to put all of our

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<v Speaker 3>faith in a single appointed special prosecutor who is not

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<v Speaker 3>elected by the people.

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<v Speaker 2>Amen to that, Andrew Tchurkowski. That's the way we see

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<v Speaker 2>it too. Really enjoyed it. Terrific job. Dreat to talk

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<v Speaker 2>to you. I hope we can do it again.

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<v Speaker 3>Yeah, fantastic, Thank you.